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Packet Pg. 239 Attachment: Facade Bidding docments to Council (6186 : Authorization to bid CDBG Facade Program) 96 all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.
g. Review at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions, including specific review of these items with on-site supervisory personnel such as superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter.
h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one (1) month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures and tests to be used in the selection process.
j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after-school summer and vacation employment to minority and female youth both on the site and in other areas of the Contractor's workforce.
k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60.3.
l. Conduct at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities.
m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out.
n. Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
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Packet Pg. 240 Attachment: Facade Bidding docments to Council (6186 : Authorization to bid CDBG Facade Program) 97 o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.
p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the contractor's EEO policies and affirmative action obligations.
8. The Contractor is encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7.a. through 7.p.). The efforts of a contractor association, joint contractor-union, contractor-community or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7.a. through 7.p. of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance.
9. A single goal for minorities and a separate single goal for women have been established.
The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the contractor may be in violation of the Executive Order if a specific minority group of women is under-utilized).
10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, gender or national origin.
11. The Contractor shall not enter into any subcontract with any person or firm debarred from government contracts pursuant to Executive Order 11246.
12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended.
13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in section 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations or these
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14. The Contractor shall designate a responsible official to monitor all employment-related activity to ensure that the company's EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government and to keep records. Records shall at least include for each employee the name, address, telephone number, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, gender, status (e.g., mechanic, apprentice, trainee, helper or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, the Contractor shall not be required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area resident (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).
16. By the submission of this bid, the bidder, offeror, applicant or subcontractor certifies that he does not maintain or provide for his employees any segregated facility at any of his establishments, and that he does not permit employees to perform their services at any location under his control where segregated facilities are maintained. He certifies further that he will not maintain or provide for employees any segregated facilities at any of his/her establishments, and he will not permit employees to perform their services at any location under his/her control where segregated facilities are maintained. The bidder, offeror, applicant or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause of this Contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas. transportation and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion or national origin, habits, local custom or otherwise. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding ten thousand dollars ($10,000) which are not exempt from the provisions of the Equal Opportunity Clause; that he will retain such certifications in his files; and that he will forward the following notice to such proposed subcontractors (except where proposed subcontractors have submitted identical certifications for specific time periods).
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CDBG STANDARD CONTRACT LANGUAGE – ALL CONTRACTS AND SUBCONTRACTS
EQUAL OPPORTUNITY
1. The Civil Rights, Housing and Community Development and Age Discrimination Acts Assurances
During the performance of this Contract, the City of El Centro and the Consultant both assure that no otherwise qualified person shall be excluded from the participation or employment, denied program benefits, or be subjected to discrimination based on race, color, national origin, gender, age or disability, under any program or activity funded by this Contract, as required by Title VI of the Civil Rights Act of 1964, Title I of the Housing and Community Development act of 1974, as amended, and the Age Discrimination Act of 1975, the Fair Housing Act of 1988, and all implementing regulations.
2. Rehabilitation Act of 1973 and the “504 Coordinator” The City of El Centro agrees to implement the Rehabilitation Act of 1973, as amended, and its regulations, 24 CFR Part 8, including, but not limited to, for Grantees with fifteen (15) or more permanent full or part time employees, the local designation of a special person charged with local enforcement of this Act, as the “504 Coordinator.”
3. The Training, Employment and Contracting Opportunities Assurance of Compliance:
a. The work to be performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located, or owned in substantial party by persons residing, in the area of the project.
b. The parties to this Contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and urban Development set forth in 24 CFR part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this Contract certify and agree that they are under no contractual or other disability, which would prevent them from complying with these requirements. c. The City of El Centro will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advertising the said labor organization or worker’s representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. d. The City of El Centro and the Contractor will include these Section 3 clauses in the Contract and subcontract for work in connection with the project and will, at the direction of the State, take appropriate action pursuant to the Contract upon a finding that the City of El Centro or the Contractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135 and, will not let any contract unless
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the City of El Centro or the Contractor has first provided it with a preliminary statement of ability to comply with the requirement of these regulations. e. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the Contract shall be condition of the Federal financial assistance provided to the project, binding upon the City of El Centro, its successors and assigns.
Failure to fulfill these requirements shall subject the City of El Centro, the Contractor, its successors and assigns to those sanctions specified by the grant or the Contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135.
4. State Nondiscrimination Clause
a. During the performance of this Contract City of El Centro and the Contractor shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical disability, medical condition (cancer), physical disability (including HIV and AIDS), marital status, age (over 40), gender, denial of family and medical leave and denial of pregnancy leave. The Contractor shall insure that the evaluation and treatment of his employees and applicants for employment are free of such discrimination and harassment. The Contractor shall comply with the provisions of the Fair Employment and Housing Act (Government Code section 12900 et seq.) and the applicable regulations promulgated under (California Code of Regulations, Title 2, section 7258.0 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 Contract by reference and made a part hereof as if set forth in full. City of El Centro and the Contractor shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. b. City of El Centro and the Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontract to perform work under the Contract.
5. Americans with Disabilities Act (ADA) of 1990
By signing this Contract, the parties to this Contract assure the State that they will comply with the Americans with Disabilities Act (ADA) of 1990, (42 USC 12101 et seq.), which prohibits discrimination on the basis of disability as well as all applicable regulations and guidelines issued pursuant to the ADA.
6. Assurance of Compliance with Requirements Placed on Construction Contracts of Ten Thousand Dollars ($10,000) or More
The City of El Centro and the Contractor hereby agree to place in every contract for construction exceeding ten thousand dollars ($10,000) the Notice of Requirement for Affirmative Action to ensure Equal Employment Opportunity (Executive Order 11246), the Standard Equal Employment Opportunity, Construction Contract Specifications. The City of El Centro furthermore agrees to insert the appropriate Goals and Timetable issued by the U.S. Department of Labor in the Contract and all subcontracts.
7. Drug Free Workplace Certification
The City of El Centro and the Contractor hereby agree to abide by the State Drug Free Workplace rules and regulations as defined in Attachment A of the City’s 2000 Economic Development
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Planning/Technical Assistance grant agreement with the Department of Housing and Community Development.
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Attachment C
ADDITIONAL CDBG COMPLIANCE REQUIREMENTS
1. LABOR STANDARDS – FEDERAL LABOR STANDARDS PROVISIONS The City of El Centro and the Contractor shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of:
Davis-Bacon Act (40 USC 276a-5) requires that workers receive no less than the prevailing wages being paid for similar work in their locality. Prevailing wages are computed by the Department of Labor and are issued in the form of Federal wage decisions for each classification of work. The law applies to most construction, alteration or repair contracts of two thousand dollars ($2,000).
Copeland “Anti-Kickback” Act (47 USC 276c) requires that workers be paid at least once per week without any deductions or rebates except permissible deductions.
Contract Work Hours and Safety Standards Act – CWHSSA (40 USC 327-333) requires that workers receive “overtime” compensation at a rate of one and one half (1.5) times their regular hourly wage after they have worked forty (40) hours in one (1) week.
Title 29. Code of Federal Regulations. Subtitle A. Parts 1. 3. and 5 are the regulations and procedures issued by the Secretary of Labor for the administration and enforcement of the DavisBacon Act, as amended.
2. CLEAN AIR AND WATER/ENVIRONMENTAL REGULATIONS
The City of El Centro and the Contractor agree to abide by the State rules and regulations regarding such matters as clean air and water and environment regulations.
3. NLRB CERTIFICATION/PROCUREMENT/PROGRAM INCOME/UNIFORM ADMIN
REQUIREMENTS
The City of El Centro and the Contractor agree to abide by the State rules and regulations regarding such matters as NLRB, procurement, program income and uniform administrative requirements.
4. ANTI-LOBBYING CERTIFICATION
The City of El Centro shall require that the language of this certification be included in the Contract and all subcontracts entered into in connection with this grant activity and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and no more than one hundred thousand dollars ($100,000) for such failure.
The undersigned certifies, to the best of his or her knowledge or belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a
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Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, it will complete and submit Standard Form – LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
5. Bonus or Commission. Prohibition Against Payments
The assistance provided under this Contract shall not be used in the payment of any bonus or commission for the purpose of:
a. obtaining the State’s approval of the application for such assistance, or b. the State’s approval of the applications for additional assistance, or c. any other approval or concurrence of the State required under this Contract, Title I of the Housing and Community Development act of 1974, or the State regulations with respect thereto:
provided, however, that reasonable fees for bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs.
6. Conflict of Interest of Certain Federal Officials
No member of or delegate to the Congress of the United States, and no resident commissioner, shall be admitted to any share or part of this Contract or to any benefit to arise from the same.
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Attachment D
Drug Free Workplace Certification
By signing this Contract, the Contractor hereby certifies under penalty of perjury under the laws of the State of California that the Contractor will comply with the requirement of the Drug-Free Workplace Act of 1990 (Government Code §§8350 et seq.) and will provide a drug-free workplace by taking the following actions:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Contractor’s workplace and specifying the actions that will be taken against employees for violation of such prohibition.
b. Establishing an ongoing drug-free awareness program to inform employees about:
1) The dangers of drug abuse in the workplace;
2) The City of El Centro’s policy of maintaining a drug-free workplace; 3) Any available drug counseling, rehabilitation and employee assistance programs; and
4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.
c. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by section 1. d. Notifying the employee in the statement required by section 1 that, as a condition of employment under the grant, the employee will:
1) Abide by the terms of the statement; and
2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after such conviction.
e. Notifying the agency in writing, within ten (10) calendar days after receiving notice under subsection d. (2) from an employee or otherwise receiving actual notice of such conviction.
Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices.
Notice shall include the identification number(s) of each affected grant. f. Taking one (1) of the following actions, within thirty (30) calendar days of receiving notice under subsection d.(2), with respect to any employee who is so convicted. 1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by Federal, State or local health, law enforcement or other appropriate agency.
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Attachment E
SECTION 3 CLAUSE
FOR CONSTRUCTION CONTRACTS AND SUBCONTRACTS
AT OR ABOVE ONE HUNDRED THOUSAND DOLLARS ($100,000)
A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C 170lu (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.
B. The parties to this Contract agree to comply with HUD’s regulations in 24 CFR part 135, which implement Section 3. As evidence by their execution of this Contract, the parties to this Contract certify that they are under no contractual or other impediment that would prevent them from complying with part 135 regulations.
C. The Contractor agrees to send to each labor organization or representative of workers with which the Contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers’ representative of the Contractor’s commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, the name and location of the person(s) taking applications for each of the positions and the anticipated date the work shall begin.
D. The Contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135.
E. The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected but before the Contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the Contractor’s obligations under 24 CFR part 135.
F. Noncompliance with HUD’s regulations in 24 CFR part 135 may result in sanctions, termination of this Contract for default and debarment or suspension from future HUD-assisted contracts.
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Attachment F
THE IMMIGRATION REFORM AND CONTROL ACT
The Immigration Reform and Control Act of 1986 (“IRCA”) legally mandates that U.S. employers verify the employment eligibility status of newly-hired employees. IRCA made it unlawful for employers to knowingly hire or continue to employ unauthorized workers. In response to the law, the Immigration and Naturalization Service (“INS”), now an integrated component of the Department of Homeland Security (“DHS”), created Form I-9 and mandated its accurate and timely completion by all U.S. employers and their employees.
• For employers who fail to properly complete, retain or make I-9 Forms available for inspection, fines range from one hundred dollars ($100) to one thousand one hundred dollars ($1,100) per individual I-9.
• For employers who knowingly hire or knowingly continue to employ unauthorized workers, civil penalties range from two hundred fifty dollars ($250) to eleven thousand dollars ($11,000) per violation.
• For employers engaging in a pattern or practice of knowingly hiring or continuing to employ unauthorized workers, fines can be as much as three thousand dollars ($3,000) per employee and/or six (6) months of imprisonment.
• Federal contractors and subcontractors will be required to begin using the E-Verify system starting January 15, 2009, to verify their employees’ eligibility to legally work in the United States. In a final rule published in the Federal Register, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council amended the Federal Acquisition Regulation (“FAR”) to reflect this change. Further compliance information must be obtained at http://www.formi9.com/index.aspx.
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Federal Labor Standards Provisions
Applicability
The Project or Program to which the construction work covered by this Contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance.
A. 1. (1) Minimum Wages. All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFFT Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section l(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR-5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1 321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met. (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives. and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify or disapprove every additional classification action within thirty (30) days of receipt and so advise HUD or its designee or will notify HUD or its designee within the thirty (30) day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (c) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within thirty (30) days of receipt and so advise HUD or its designee or will notify HUD or its designee within the thirty (30) day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subsections (1)(b) or (c) of this section, shall be paid to all workers performing work in the classification under this Contract from the first (1st) day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.)
2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this Contract or any other Federal contract with the Contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the Contract HUD or its designee may, after written notice to the Contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment advance or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the Contractor, disburse such amounts withheld for and on account of the Contractor or sub- contractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts.
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3. (I) Payrolls and Basic Records. Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work preserved for a period of three (3) years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address and social security number of each such worker. his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section I (b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or pro- gram described in section I (b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.)
(ii) (a) The Contractor shall submit weekly for each week in which any Contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the Contract but if the agency is not such a party, the Contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-WO14-1), U.S. Government Printing Office, Washington, D.C. 20402.
The Contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.)
(b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5 (a)(3)(i) and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice and trainee) employed on the Contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contract; (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subsection A.3.(ii)(b) of this section. (d) The falsification of any of the above certifications may subject the Contractor or any subcontractor to civil or criminal prosecution under section 1001 of Title 18 and section 231 of Title 31 of the United States Code. (iii) The Contractor or any subcontractor shall make the records required under subsection A.3.(i) of this section available for inspection, copying or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the Contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment advance or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.1 2.
4. (i) Apprentices and Trainees. Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first ninety (90) days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program.
Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where the Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits,
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Packet Pg. 252 Attachment: Facade Bidding docments to Council (6186 : Authorization to bid CDBG Facade Program) 109
trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.
5. Compliance with Copeland Act Requirements. The Contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this Contract.
6. Subcontracts. The Contractor or subcontractor will insert in any sub-contracts the clauses contained in 29 CFR
5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the Contract clauses in 29 CFR Part 5.5.
7. Contract Termination; Debarment. A breach of the Contract clauses in 29 CFR 5.5 may be grounds for termination of the Contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3 and 5 are herein incorporated by reference in this Contract
9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor or the employees or their representatives.
10. (1) Certification of Eligibility. By entering into this Contract the Contractor certifies that neither he nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.
(ii) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, section 1010, Title 18, U.S.C., "Federal Housing Administration transactions," provides in part "Whoever, for the purpose of . . . influencing in any way the action of such Administration . . .makes, utters or publishes any statement knowing the same to be false . . .shall be fined not more than five thousand dollars ($5,000) or imprisoned not more than two (2) years, or both."
11. Complaints, Proceedings or Testimony by Employees. No laborer or mechanic to whom the wage, salary or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer.
B. Contract Work Hours and Safety Standards Act. As used in this section, the terms "laborers" and "mechanics" include watchmen and guards.
(1) Overtime Requirements. No contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half (1.5) times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or in excess of forty (40) hours in such workweek, whichever is greater. (2) Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in subsection (1) of this section, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, the Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subsection (1) of this section, in the sum of ten dollars ($10) for each calendar day on which such individual was required or permitted to work in excess of eight (8) hours or in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in subsection (1) of this section. (3) Withholding for Unpaid Wages and Liquidated Damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such Contract or any other Federal contract with the same prime contract or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subsection (2) of this section. (4) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in subsections (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.
The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subsections (1) through (4) of this section.
C. Health and Safety
(1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation.
(2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety
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Packet Pg. 253 Attachment: Facade Bidding docments to Council (6186 : Authorization to bid CDBG Facade Program) 110
Standards Act (Public Law 91-54, 83 Stat 96).
(3) The Contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions.
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Packet Pg. 254 Attachment: Facade Bidding docments to Council (6186 : Authorization to bid CDBG Facade Program) 111
STATE LABOR STANDARDS PROVISIONS
The Contractor and all subcontractors are subject to the provisions of Labor Code §3700 which requires that every employer be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of the code.
The Contractor and all subcontractors are subject to the provisions of Labor Code §§1810 through 1814 which provide that the maximum hours a worker is to be employed is limited to eight (8) hours a day and forty (40) hours a week and the Contractor or subcontractor shall forfeit, as a penalty, twenty-five dollars ($25) for each worker employed in the execution of the Contract for each calendar day during which a worker is required or permitted to labor more than eight (8) hours in any calendar day or more than forty (40) hours in any calendar week and is not paid overtime.
Labor Code §1815 requires that notwithstanding the provisions of Labor Code §§1810 through 1814, employees of the Contractor who work in excess of eight (8) hours per day and forty (40) hours per week shall be compensated for all hours worked in excess of eight (8) hours per day at not less than one and one-half (l.5) times the basic rate of pay.
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Packet Pg. 255 Attachment: Facade Bidding docments to Council (6186 : Authorization to bid CDBG Facade Program) 112
CERTIFICATION OF UNDERSTANDING
AND AUTHORIZATION
PROJECT NAME: CITY OF El Centro, Façade Improvement Program This is to certify that the principals, and the authorized payroll officer, below, have read understand the minutes of the pre-construction conference, the Federal Labor Standards clauses pertaining to the subject project and the U.S. Department of Labor Wage Determinations CA and others.
The following person(s) is designated as the payroll officer for the undersigned and is authorized to sign the “Statement of Compliance” which will accompany our weekly Certified Payroll Reports for this project:
Payroll Officer
(Print Name)
Payroll Officer
(Signature)
(Contractor / Subcontractor)
(Print Name)
(Signature)
(Title)
(Date)
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Packet Pg. 256 Attachment: Facade Bidding docments to Council (6186 : Authorization to bid CDBG Facade Program) 113
PAYROLL FORMS
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Packet Pg. 257 Attachment: Facade Bidding docments to Council (6186 : Authorization to bid CDBG Facade Program)
APPENDIX
A
SPECIFICATIONS
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Packet Pg. 258 Attachment: Facade Bidding docments to Council (6186 : Authorization to bid CDBG Facade Program) SCOPE OF WORK:
Contractor shall furnish all material, equipment, tools, labor and supervision to complete all work as described and explained in the work specifications as follows:
1. PLASTERING:
A. Repair areas of damaged plaster and fill in cracks/holes throughout façade, arcade, underside ceiling, columns and walls.
2. PAINTING:
A. Pressure wash all arcade, façade, columns, walls, underside of arcade and façade blinds. Remove all peeling/flaking paint, patch and sand areas as needed to match existing texture.
B. Patch, seal, and paint all arcade, façade, columns, walls, underside of arcade and façade blinds.
Prime all painted surfaces with Sherwin Williams Grip and Seal Primer. Apply two coats of finish to all painted surfaces with Sherwin Williams Super Paints in a flat finish.
C. Paint all trim boards with Sherwin Williams Grip and Seal Primer. Apply two coats of finish with Sherwin Williams Super Paints in a flat finish.
D. Existing signage and lighting to be protected from paint overspray.
E. Metal roll-up doors not included in Scope of Work
3. NOTES:
A. Owner to select main color & trim/accent colors per the city’s pre-selected color palettes.
B. Owner is requesting that metal bars hanging from underside of arcade be left in place for future sign.
Community Services Department
1249 Main Street
El Centro, CA 92243
Date: 10/20/23
WORK SPECIFICATIONS
BID DOCUMENTS
FAÇADE IMPROVEMENT PROGRAM
Community Development
Specialist:
Suzanna
Gonzales
Phone: (760) 337-4543
Email: [email protected]
LOCATION INFORMATION
Business Name: Desert Paints – Bid Item 1
Owner/Applicant: Victor Rodriguez Phone
Number:
760-482-1850
Property Address: 623 W. Main Street
Assessor’s Parcel
No: APN: 053-104-018
Legal Description: LOT 6 BLK 23 TOWNSITE OF EL CENTRO
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Packet Pg. 259 Attachment: Facade Bidding docments to Council (6186 : Authorization to bid CDBG Facade Program) Bid Item 1 - 623 Main Street – APN: 053-104-018
Desert Paints
Metal bars to be
left in place. Painting of
roll-up doors
not included
in Scope of
Work.
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Packet Pg. 260 Attachment: Facade Bidding docments to Council (6186 : Authorization to bid CDBG SCOPE OF WORK:
Contractor shall furnish all material, equipment, tools, labor and supervision to complete all work as described and explained in the work specifications as follows:
1. PLASTERING:
A. Repair areas of damaged plaster and fill in cracks/holes throughout façade, arcade, underside ceiling, columns and walls.
2. PAINTING:
A. Pressure wash all arcade, façade, columns, walls, underside of arcade and façade blinds. Remove all peeling/flaking paint, patch and sand areas as needed to match existing texture.
B. Patch, seal, and paint all arcade, façade, columns, walls, underside of arcade and façade blinds.
Prime all painted surfaces with Sherwin Williams Grip and Seal Primer. Apply two coats of finish to all painted surfaces with Sherwin Williams Super Paints in a flat finish.
C. Paint all trim boards with Sherwin Williams Grip and Seal Primer. Apply two coats of finish with Sherwin Williams Super Paints in a flat finish.
D. Existing signage and lighting to be protected from paint overspray.
3. NOTES:
A. Owner to select main color & trim/accent colors per the city’s pre-selected color palettes.
B. Owner will repair circular hole in underside of arcade prior to painting.
Community Services Department
1249 Main Street
El Centro, CA 92243
Date: 10/20/23
WORK SPECIFICATIONS
BID DOCUMENTS
FAÇADE IMPROVEMENT PROGRAM
Community Development
Specialist:
Suzanna
Gonzales
Phone: (760) 337-4543
Email: [email protected]
LOCATION INFORMATION
Business Name: Tiendique – Bid Item 2
Owner/Applicant: Cindy Rodriguez Phone
Number:
760-482-8116
Property Address: 617 W. Main Street
Assessor’s Parcel
No: APN: 053-104-019
Legal Description: LOT 5 BLK 23 TOWNSITE OF EL CENTRO
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Packet Pg. 261 Attachment: Facade Bidding docments to Council (6186 : Authorization to bid CDBG Facade Program) Bid Item 2
- 617 Main Street – APN: 053-104-019
Tiendique
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Packet Pg. 262 Attachment: Facade Bidding docments to Council (6186 : Authorization to bid CDBG To be removed and patched
by owner.
Bid Item 2 - 617 Main Street – APN: 053-104-019
Tiendique
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Packet Pg. 263 Attachment: Facade Bidding docments to Council (6186 : Authorization to bid CDBG SCOPE OF WORK:
Contractor shall furnish all material, equipment, tools, labor and supervision to complete all work as described and explained in the work specifications as follows:
1. PLASTERING:
A. Repair areas of damaged plaster and fill in cracks/holes throughout façade, arcade, underside ceiling, columns and walls.
2. PAINTING:
A. Pressure wash all arcade, façade, columns, walls, underside of arcade and façade blinds. Remove all peeling/flaking paint, patch and sand areas as needed to match existing texture.
B. Patch, seal, and paint all arcade, façade, columns, walls, underside of arcade and façade blinds.
Prime all painted surfaces with Sherwin Williams Grip and Seal Primer. Apply two coats of finish to all painted surfaces with Sherwin Williams Super Paints in a flat finish.
C. Paint all trim boards with Sherwin Williams Grip and Seal Primer. Apply two coats of finish with Sherwin Williams Super Paints in a flat finish.
D. Existing signage and lighting remaining on the building is to be protected from paint overspray. The owner has advised he will remove the temporary signs and decorations from the front of the building.
Contractor will need to contact the owner to coordinate painting schedule.
3. NOTES:
A. Owner to select main color & trim/accent colors per the city’s pre-selected color palettes.
B. This location includes painting on Main Street, along 5th Street, and a small portion leading to the alley as depicted on the site photos. The property owner will be provided contact information to the awarded contractor to coordinate the painting of the alley side of the building, if he chooses to. Any painting in the alley west of the approved area depicted in the site condition photos will be at the property owner’s cost and is NOT to be included in this bid item.
Community Services Department
1249 Main Street
El Centro, CA 92243
Date: 10/20/23
WORK SPECIFICATIONS
BID DOCUMENTS
FAÇADE IMPROVEMENT PROGRAM
Community Development
Specialist:
Suzanna
Gonzales
Phone: (760) 337-4543
Email: [email protected]
LOCATION INFORMATION
Business Name: WomanHaven – A Center for Family Solutions – Bid Item 3 Owner/Applicant: Victor Khalil Novalk LLC/Gina
Vargas
Phone
Number:
760-353-6922
Property Address: 510 W. Main Street
Assessor’s Parcel
No: APN: 053-111-013
Legal Description: N50 FT LOTS 43&44&POR LOT 45& ALL 46 47&48 BLK 19 EL CENTRO
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Packet Pg. 264 Attachment: Facade Bidding docments to Council (6186 : Authorization to bid CDBG Facade Program) Bid Item 3
– 510 Main Street – APN: 053-111-013
Center for Family Solutions / Woman Haven
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Packet Pg. 265 Attachment: Facade Bidding docments to Council (6186 : Authorization to bid CDBG Wall in alley west of the sidewalk is not
included in Scope of Work.
Bid Item 3 – 510 Main Street – APN: 053-111-013
Center for Family Solutions / Woman Haven
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Packet Pg. 266 Attachment: Facade Bidding docments to Council (6186 : Authorization to bid CDBG SCOPE OF WORK:
Contractor shall furnish all material, equipment, tools, labor and supervision to complete all work as described and explained in the work specifications as follows:
1. PLASTERING:
A. Repair areas of damaged plaster and fill in cracks/holes throughout façade, arcade, underside ceiling, columns and walls.
2. PAINTING:
A. Pressure wash all arcade, façade, columns, walls, underside of arcade and façade blinds. Remove all peeling/flaking paint, patch and sand areas as needed to match existing texture.
B. Patch, seal, and paint all arcade, façade, columns, walls, underside of arcade and façade blinds.
Prime all painted surfaces with Sherwin Williams Grip and Seal Primer. Apply two coats of finish to all painted surfaces with Sherwin Williams Super Paints in a flat finish.
C. Paint all trim boards with Sherwin Williams Grip and Seal Primer. Apply two coats of finish with Sherwin Williams Super Paints in a flat finish.
D. Existing signage and lighting to be protected from paint overspray.
3. NOTES:
A. Owner to select main color & trim/accent colors per the city’s pre-selected color palettes.
B. Only façade of building is to be painted including the east face to back of sidewalk. The east side of the building north of the arcade will not be painted. See site photos for depiction of area to be painted.
Community Services Department
1249 Main Street
El Centro, CA 92243
Date: 10/20/23
WORK SPECIFICATIONS
BID DOCUMENTS
FAÇADE IMPROVEMENT PROGRAM
Community Development
Specialist:
Suzanna
Gonzales
Phone: (760) 337-4543
Email: [email protected]
LOCATION INFORMATION
Business Name: D’Vinci Hair Salon – Bid Item 4
Owner/Applicant: Desert Investing/Hector Leon Phone
Number:
760-343-9525
Property Address: 474 W. Main Street
Assessor’s Parcel
No: APN: 053-113-024
Legal Description: LOT 30 BLK 18 TOWNSITE OF EL CENTRO OM 1 19
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Packet Pg. 267 Attachment: Facade Bidding docments to Council (6186 : Authorization to bid CDBG Facade Program) Bid Item 4
– 474 W. Main Street – APN: 053-113-024
D’Vinci
Paint east side wall from
front of sidewalk to back
of sidewalk only. Column
is included.
East wall from back of
sidewalk to back of
building not included in
Scope of Work.
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Packet Pg. 268 Attachment: Facade Bidding docments to Council (6186 : Authorization to bid CDBG SCOPE OF WORK:
Contractor shall furnish all material, equipment, tools, labor and supervision to complete all work as described and explained in the work specifications as follows:
1. PLASTERING:
A. Repair areas of damaged plaster and fill in cracks/holes throughout façade, arcade, underside ceiling, columns and walls.
2. PAINTING:
A. Pressure wash all arcade, façade, columns, walls, underside of arcade and façade blinds. Remove all peeling/flaking paint, patch and sand areas as needed to match existing texture.
B. Patch, seal, and paint all arcade, façade, columns, walls, underside of arcade and façade blinds.
Prime all painted surfaces with Sherwin Williams Grip and Seal Primer. Apply two coats of finish to all painted surfaces with Sherwin Williams Super Paints in a flat finish.
C. Paint all trim boards with Sherwin Williams Grip and Seal Primer. Apply two coats of finish with Sherwin Williams Super Paints in a flat finish.
D. Existing signage and lighting to be protected from paint overspray.
3. NOTES:
A. Owner to select main color & trim/accent colors per the city’s pre-selected color palettes.
B. This location is to be painted from the arcade down. Owner is requesting the portion of the building above the arcade not be painted.
C. East side of building north of the sidewall of the arcade is not included in this Scope of Work. See site photos for further information.
Community Services Department
1249 Main Street
El Centro, CA 92243
Date: 10/20/23
WORK SPECIFICATIONS
BID DOCUMENTS
FAÇADE IMPROVEMENT PROGRAM
Community Development
Specialist:
Suzanna
Gonzales
Phone: (760) 337-4543
Email: [email protected]
LOCATION INFORMATION
Business Name: Ocotillo Gold Inc., DBA Valley Pawn – Bid Item 5 Owner/Applicant: Gregory Gelman Phone
Number:
760-554-6940
Property Address: 444 Main Street
Assessor’s Parcel
No: APN: 053-113-018
Legal Description: LOT 37 BLK 18 TOWNSITE OF EL CENTRO OM 1 19
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Packet Pg. 269 Attachment: Facade Bidding docments to Council (6186 : Authorization to bid CDBG Facade Program) Bid Item 5
– 444 W. Main Street – APN: 053-113-018
Valley Pawn
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Packet Pg. 270 Attachment: Facade Bidding docments to Council (6186 : Authorization to bid CDBG Upper portion of façade not included
in Scope of Work. East wall of building not
included in Scope of
Work.
Bid Item 5 – 444 W. Main Street – APN: 053-113-018
Valley Pawn
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Packet Pg. 271 Attachment: Facade Bidding docments to Council (6186 : Authorization to bid CDBG SCOPE OF WORK:
Contractor shall furnish all material, equipment, tools, labor and supervision to complete all work as described and explained in the work specifications as follows:
1. PLASTERING:
A. Repair areas of damaged plaster and fill in cracks/holes throughout façade, arcade, underside ceiling, columns and walls.
2. PAINTING:
A. Pressure wash all arcade, façade, columns, walls, underside of arcade and façade blinds. Remove all peeling/flaking paint, patch and sand areas as needed to match existing texture.
B. Patch, seal, and paint all arcade, façade, columns, walls, underside of arcade and façade blinds.
Prime all painted surfaces with Sherwin Williams Grip and Seal Primer. Apply two coats of finish to all painted surfaces with Sherwin Williams Super Paints in a flat finish.
C. Paint all trim boards with Sherwin Williams Grip and Seal Primer. Apply two coats of finish with Sherwin Williams Super Paints in a flat finish.
D. Existing signage and lighting to be protected from paint overspray.
3. NOTES:
A. Owner to select main color & trim/accent colors per the city’s pre-selected color palettes.
B. Existing brick work fronting Fifth Avenue Salon to be left as is. It is not included in this Scope of Work.
C. White and black checkered tile and stone tiles fronting Upper Cuts are to be left as is. They are not included in this Scope of Work.
D. Metal framework on sides of front door are to be left as is and are not part of this Scope of Work.
Community Services Department
1249 Main Street
El Centro, CA 92243
Date: 10/20/23
WORK SPECIFICATIONS
BID DOCUMENTS
FAÇADE IMPROVEMENT PROGRAM
Community Development
Specialist:
Suzanna
Gonzales
Phone: (760) 337-4543
Email: [email protected]
LOCATION INFORMATION
Business Name: Fifth Avenue Salon & Spa and Upper Cuts – Bid Item 6 Owner/Applicant: Cleotilde Jordan Phone
Number:
760-890-8962
Property Address: 559 W. Main Street and 559a W. Main Street Assessor’s Parcel
No: APN: 053-112-006
Legal Description: LOT 15 BLK 248 TOWNSITE OF EL CENTRO OM 1 19
5.a
Packet Pg. 272 Attachment: Facade Bidding docments to Council (6186 : Authorization to bid CDBG Facade Program) Bid Item 6
–559 W. Main Street – APN: 053-112-006
5th Avenue Salon & Spa and Upper Cuts
Bricks, white
and black
checkered tile,
and stone tiles
are to be left as
is. They are not
to be painted.
Rectangular box to be painted
same color as wall.
5.a
Packet Pg. 273 Attachment: Facade Bidding docments to Council (6186 : Authorization to bid CDBG Bid Item 6
–559 W. Main Street – APN: 053-112-006
5th Avenue Salon & Spa and Upper Cuts
Metal Framework
to be left as is. It
is not to be
painted.
5.a
Packet Pg. 274 Attachment: Facade Bidding docments to Council (6186 : Authorization to bid CDBG SCOPE OF WORK:
Contractor shall furnish all material, equipment, tools, labor and supervision to complete all work as described and explained in the work specifications as follows:
1. PLASTERING:
A. Repair areas of damaged plaster and fill in cracks/holes throughout façade, arcade, underside ceiling, columns and walls.
2. PAINTING:
A. Pressure wash all arcade, façade, columns, walls, underside of arcade and façade blinds. Remove all peeling/flaking paint, patch and sand areas as needed to match existing texture.
B. Patch, seal, and paint all arcade, façade, columns, walls, underside of arcade and façade blinds.
Prime all painted surfaces with Sherwin Williams Grip and Seal Primer. Apply two coats of finish to all painted surfaces with Sherwin Williams Super Paints in a flat finish.
C. Paint all trim boards with Sherwin Williams Grip and Seal Primer. Apply two coats of finish with Sherwin Williams Super Paints in a flat finish.
D. Existing signage and lighting to be protected from paint overspray.
3. NOTES:
A. Owner to select main color & trim/accent colors per the city’s pre-selected color palettes.
B. Existing brickwork front the business is to be left as. It is not included in this Scope of Work.
Community Services Department
1249 Main Street
El Centro, CA 92243
Date: 10/20/23
WORK SPECIFICATIONS
BID DOCUMENTS
FAÇADE IMPROVEMENT PROGRAM
Community Development
Specialist:
Suzanna
Gonzales
Phone: (760) 337-4543
Email: [email protected]
LOCATION INFORMATION
Business Name: I. C. Child Abuse Prevention Council – Bid Item 7 Owner/Applicant: Cleotilde Jordan Phone
Number:
760-890-8962
Property Address: 561 W. Main Street
Assessor’s Parcel
No: APN: 053-112-041
Legal Description: LOT 16 BLK 34 TOWNSITE OF EL CENTRO
5.a
Packet Pg. 275 Attachment: Facade Bidding docments to Council (6186 : Authorization to bid CDBG Facade Program) Bid Item 7
–561 W. Main Street – APN: 053-1123-041
IC Child Abuse Prevention Council (Peggy’s Place)
Brickwork is to be left as is. It is
not part of the Scope of Work.
5.a
Packet Pg. 276 Attachment: Facade Bidding docments to Council (6186 : Authorization to bid CDBG Bid Item 7
–561 W. Main Street – APN: 053-1123-041
IC Child Abuse Prevention Council (Peggy’s Place)
Brickwork is to be
left as is. It is not
part of the Scope of
Work.
5.a
Packet Pg. 277 Attachment: Facade Bidding docments to Council (6186 : Authorization to bid CDBG SCOPE OF WORK:
Contractor shall furnish all material, equipment, tools, labor and supervision to complete all work as described and explained in the work specifications as follows:
1. PLASTERING:
A. Repair areas of damaged plaster and fill in cracks/holes throughout façade, arcade, underside ceiling, columns and walls.
2. PAINTING:
A. Pressure wash all arcade, façade, columns, walls, underside of arcade and façade blinds. Remove all peeling/flaking paint, patch and sand areas as needed to match existing texture.
B. Patch, seal, and paint all arcade, façade, columns, walls, underside of arcade and façade blinds.
Prime all painted surfaces with Sherwin Williams Grip and Seal Primer. Apply two coats of finish to all painted surfaces with Sherwin Williams Super Paints in a flat finish.
C. Paint all trim boards with Sherwin Williams Grip and Seal Primer. Apply two coats of finish with Sherwin Williams Super Paints in a flat finish.
D. Existing signage and lighting to be protected from paint overspray.
3. NOTES:
A. Owner to select main color & trim/accent colors per the city’s pre-selected color palettes.
B. East and west side of buildings are to be painted as depicted on the site photos.
Community Services Department
1249 Main Street
El Centro, CA 92243
Date: 10/20/23
WORK SPECIFICATIONS
BID DOCUMENTS
FAÇADE IMPROVEMENT PROGRAM
Community Development
Specialist:
Suzanna
Gonzales
Phone: (760) 337-4543
Email: [email protected]
LOCATION INFORMATION
Business Name: WomanHaven Thrift Store – Additive Bid Item 8 Owner/Applicant: Victor Rodriguez Phone
Number:
760-482-1850
Property Address: 742 W. Main Street
Assessor’s Parcel
No: APN: 053-101-021 & 053-101-011
Legal Description: LOT 16 BLK 21 TOWNSITE OF EL CENTRO & LOT 17 BLK 21 TOWNSITE OF EL CENTRO OM 1 19
5.a
Packet Pg. 278 Attachment: Facade Bidding docments to Council (6186 : Authorization to bid CDBG Facade Program) Additive Bid Item 8
–742 W. Main Street – APN: 053-101-011
WomanHaven Thrift Store
5.a
Packet Pg. 279 Attachment: Facade Bidding docments to Council (6186 : Authorization to bid CDBG East and west sides
of building to be
painted as
depicted (Green
Areas). Red area
not included in
Scope of Work.
Additive Bid Item 8 –742 W. Main Street – APN: 053-101-011 WomanHaven Thrift Store
5.a
Packet Pg. 280 Attachment: Facade Bidding docments to Council (6186 : Authorization to bid CDBG City Council of the City of El Centro Meeting: 11/07/23 11:30 AM 1275 Main Street Department: Public Works
El Centro, CA 92243 Category: Resolution
Prepared By: Elizabeth Zarate
SCHEDULED Department Head: Abraham Campos
ACTION ITEM (ID # 6162) DOC ID: 6162
Authorizing the submittal of all individual grant applications for all grant programs for the City of El Centro.
CITY MANAGER’S RECOMMENDATION:
Approve Resolution 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO AUTHORIZING THE SUBMITTAL OF ALL INDIVIDUAL GRANT
APPLICATIONS FOR ALL GRANT PROGRAMS FOR WHICH THE CITY OF EL CENTRO IS ELIGIBLE.
FISCAL IMPACT:
No impact to the General Fund. Grant matching from general fund or other sources possible in future grants and would require additional council action for approval.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal #2 - Environmental Sustainability & Infrastructure DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
N/A
DISCUSSION:
The State of California, through AB1826 required mandatory recycling requirements on certain segments such as commercial facilities and multi-family residences. The Department of Resources Recycling and Recovery (CalRecycle) is administering a grant program to aid in the implementation of regulations adopted by CalRecycle. The non-competitive grant program provides funding to local jurisdictions to assist with the implementation of regulation requirements associated with SB 1383, including but not limited to Capacity Planning, Education and Outreach, Enforcement and Inspection, Procurement Requirements, and Record Keeping.
In order to apply for CalRecycle grants, including this one, CalRecycle requires the attached resolution be approved authorizing the City Manager to submit this and future applications on behalf of the City.
The City has been awarded funding in past years and was used for purchasing organic pails as well as to support the budget for IVRMA as they hire consultants to meet the Capacity Planning components as well as implement new software for all agencies use to track compliance with State mandates. For FY24, the Public Works department will be submitting a grant application before November 15, 2023. The estimated allocation for the City is $92,443.00.
CONCLUSION:
6 Packet Pg. 281
Action Item (ID # 6162) Meeting of November 7, 2023
Staff recommends adoption of Resolution No. 23- , RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF EL CENTRO AUTHORIZING THE
SUBMITTAL OF ALL INDIVIDUAL GRANT APPLICATIONS FOR ALL
GRANT PROGRAMS FOR WHICH THE CITY OF EL CENTRO IS
ELIGIBLE.
ATTACHMENTS:
• Resolution (DOCX)
6 Packet Pg. 282
10/2023/cdz/A23-0203/Reso/CalRecycleGrantApp
RESOLUTION NO. 23-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO AUTHORIZING THE SUBMITTAL AND
APPLICATION FOR ALL INDIVIDUAL GRANT PROGRAMS
FOR WHICH THE CITY OF EL CENTRO IS ELIGIBLE
WHEREAS, Public Resources Code section 48000 et seq. authorizes the Department of Resources Recycling and Recovery (CalRecycle) to administer various payment programs (grants) in furtherance of the State of California’s efforts to reduce, recycle, and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and
WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.
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 authorizes the City Manager, or designee, to submit applications to CalRecycle for all grants for which City of El Centro is eligible.
3. That the City Manager, or designee, is hereby authorized and empowered to execute on behalf of the City of El Centro all grant documents necessary to secure payment.
4. That this authorization is effective for five years from the date of adoption.
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
By __________________________
Martha Cardenas-Singh, Mayor
ATTEST:
By ____________________________
Norma Wyles, City Clerk
6.a
Packet Pg. 283 Attachment: Resolution (6162 : Resolution - SB 1383 Grant Submittal) 10/2023/cdz/A23-0203/Reso/CalRecycleGrantApp
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
6.a
Packet Pg. 284 Attachment: Resolution (6162 : Resolution - SB 1383 Grant Submittal) City Council of the City of El Centro Meeting: 11/07/23 11:30 AM 1275 Main Street Department: Community Development
El Centro, CA 92243 Category: Resolution
Prepared By: Andrea Montano
SCHEDULED Department Head: Angel Hernandez
RESOLUTION (ID # 6143) DOC ID: 6143
Public hearing to consider the recommendation of the
Planning Commission regarding the Vasquez Apartments
Negative Declaration No. 22-04
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution No. 23- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO ADOPTING NEGATIVE DECLARATION 22-04 (SCH# 2023-060637) FOR PROJECT: Change of Zone 22-05, and General Plan Amendment 22-05, a proposed zone change from R1 (Single-Family Residential) to R3 (Multiple Family Residential), and General Plan Amendment for consistency with the Zoning Map, located at 1274 West Pico Avenue, further identified by APN 044-261-010 FISCAL IMPACT:
No fiscal impact.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal 5- Enhance the quality of life in El Centro by promoting community engagement and investing in new opportunities that foster civic pride and city beautification through community accountability.
Action 5.1: Encourage and incentive building rehabilitation and infill development of vacant and unused properties.
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
Not applicable.
BACKGROUND:
On August 29, 2023 the Planning Commission held a public hearing to consider Negative Declaration 22-04, Change of Zone 22-05 and General Plan Amendment 22- 05 for the project located at 1274 W. Pico Avenue, also known as APN 044-261-010.
The project site is 300 linear feet west of the intersection of North Imperial Avenue and Pico Avenue (Refer to Exhibit A-Location Map). Calipatria Rentals LLC, applicant and property owner, in the care of Carlos Vasquez, wishes to change the current zoning from R-1 (Single Family Residential) to R-3 (Multiple Family Residential). Concurrent with the re-zone, a general plan amendment is required to amend the Land Use Map for consistency with the Zoning Map (Refer to Exhibit B-Zoning Map and Exhibit C-Land Use Map). The Applicant is requesting the re-zoning of their property so that an apartment complex may be built at the site which is prohibited in the current R-1 zone.
Because the property at 1274 W. Pico Avenue, also known as APN 044-261-010, is zoned R-1 (Single Family Residential), the proposed residential project would require a 7 Packet Pg. 285
Resolution (ID # 6143) Meeting of November 7, 2023
Change of Zone and General Plan Amendment. To summarize, the City Council is being requested to consider the following items related to the project:
1. Certification of the Negative Declaration prepared for the project.
2. Approval of General Plan Amendment 22-05 designating 1274 W. Pico Avenue, also known as APN 044-261-010, from Low Density Residential to High-Medium Residential use.
3. Approval of Change of Zone 22-05 to zone 1274 W. Pico Avenue, also known as APN 044-261-010, from R1 (Single Family Residential) to R3 (Multiple Family Residential).
DISCUSSION:
General Plan Amendment 22-05- The project will require an amendment to the City’s General Plan. Specifically, the amendment will redesignate 1274 W. Pico Avenue, also known as APN 044-261-010, from Low Density Residential to High-Medium Density Residential. This would allow for the residential development proposed by the applicant to occur and would be consistent with development to the west and east of the project site.
Change of Zone 22-05- The proposed multifamily development would require the R-3 (Multiple Family Residential) Zoning Designation. The zoning classification will be consistent with General Plan Amendment 22-05. The R-3 is compatible with the zoning designation around an provide sufficient barrier between the CG-General Commercial uses to the west and the R-1 Single-Family Residential uses to the east. The R-3 Zone would permit the development of apartment projects with densities of up to 25 dwellings units per acre.
Negative Declaration:
The proposed General Plan Amendment (22-05) and Change of Zone (22-05) are subject to the California Environmental Quality Act (CEQA). Staff originally determined that the project would require a mitigated negative declaration. The public review period for the Notice of Intent to Adopt a Mitigated Negative Declaration began on June 23, 2023 and ended on July 24, 2023. Comments were not received from members of the public during the review period. Agency comments were received by the Imperial Irrigation District. The following is a summary of the comments received from the Imperial Irrigation District, for the formal letter please refer to Exhibit D:
• Provided contact information for Ignacio Romo, IID Project Development Service Planner, to begin the electrical service procedures. Part of this will require examination of the limited electrical capacity in the area which may require a circuit study and potential upgrades.
• Any required IID Rights-of-Way for final project infrastructure will require formal easements to be obtained and prepared by a licensed land surveyor. • Provided information for IID Real Estate Department and additional directive should any construction or operations take place on IID Property both existing and proposed.
• A ten (10) foot public utility easement will be required on both sides of the 7 Packet Pg. 286
Resolution (ID # 6143) Meeting of November 7, 2023
public and private road connection.
• Construction activities shall adhere to section 7.1 of the Imperial County Air Pollution Control District CEQA Handbook.
Comments received were determined to be procedural in nature and did not contain formal mitigation language. Therefore, the Planning Director reduced the project from a Mitigated Negative Declaration to a Negative Declaration, please refer to Exhibit E.
At the August 29, 2023 meeting, the Planning Commission unanimously recommended approval of the zone change, general plan amendment, and negative declaration, prepared in conformance with the California Environmental Quality Act. The proposed change of zone and general plan amendment would be compatible with the existing land uses of the area and with the policies of the General Plan. Because of this, it is being recommended that City Council consider and approve the Negative Declaration, change of zone, and general plan amendment. For your consideration please find attached Exhibit F a resolution for Negative Declaration 22-04.
CONCLUSION:
Adopt Resolution No. 23- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO ADOPTING NEGATIVE DECLARATION 22-04 (SCH# 2023-060637) FOR PROJECT: Change of Zone 22-05, and General Plan Amendment 22-05, a proposed zone change from R1 (Single-Family Residential) to R3 (Multiple Family Residential), and General Plan Amendment for consistency with the Zoning Map, located at 1274 West Pico Avenue, further identified by APN 044-261-010 ATTACHMENTS:
• Exhibit A- Project Location Map (PDF)
• Exhibit B- Zoning Map (PDF)
• Exhibit C- Land Use Map(PDF)
• Exhibit D- IID Agency Comment Letter (PDF)
• Exhibit E- Negative Declaration (PDF)
• Exhibit F- Resolution (DOCX)
7 Packet Pg. 287
City St
Pico Ave
Imperial Ave
12th St
Bradshaw Dr
El Dorado Ave
Rose Ave
Oleander Ave
Villa Ave
12th St 12th St
Maxar
1274 Pico Avenue Apartments
CEQA, GPA and COZ
¯
Project
Location Map
0 120 240 480 720 960
Feet
Parcel Lines
1274 Pico Apartments COZ and GPA
7.a
Packet Pg. 288 Attachment: Exhibit A- Project Location Map (6143 : Vasquez Apartments Negative Declaration 22-04)
7.b
Packet Pg. 289 Attachment: Exhibit B- Zoning Map (6143 : Vasquez Apartments Negative Declaration 22-04)
7.c
Packet Pg. 290 Attachment: Exhibit C- Land Use Map (6143 : Vasquez Apartments Negative Declaration 22-04)
7.d
Packet Pg. 291 Attachment: Exhibit D- IID Agency Comment Letter (6143 : Vasquez Apartments Negative Declaration 22-04)
7.d
Packet Pg. 292 Attachment: Exhibit D- IID Agency Comment Letter (6143 : Vasquez Apartments Negative Declaration 22-04) -1-
Environmental Checklist - Initial Study
MITIGATED NEGATIVE DECLARATION
VASQUEZ APARTMENTS
CALIPATRIA RENTALS LLC
1274 PICO AVENUE
APN 044-261-010
JUNE 2023
Prepared By:
Andrea Montano, Associate Planner
City of El Centro
Community Development Department
Planning & Zoning Division
1275 W. Main Street
7.e
Packet Pg. 293 Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -2-
ENVIRONMENTAL CHECKLIST/INITIAL STUDY
1. Project title: Vasquez Apartments
2. Lead agency name and address:
City of El Centro
1275 W. Main Street
El Centro, CA 92243
3. Contact person and phone number:
Andrea Montaño, Associate Planner (760) 337-4545
4. Project location:
300 linear feet west of the northwest corner of Pico Avenue and 12th Street in El Centro, CA with a physical address of 1274 Pico Avenue with Assessors Parcel Number: 044-261-010 (Refer to Figure 1-Location Map).
5. Project sponsor's name and address:
Carlos Vasquez
Calipatria Rentals, LLC
P.O. Box 54
Imperial, CA 92251
6. General Plan designation:
Current- Low Density Residential
Proposed- High Density Residential
7. Zoning designation:
Current- R1 (Single-Family Residential)
Proposed- R3 (Multiple Family Residential)
8. Description of project: The project consists of a change of zone (COZ 22-05) and general plan amendment (GPA 22-05) effecting 2.39 acres of disturbed land located within the City of El Centro, California. Calipatria Rentals, LLC, the property owner and applicant, wishes to construct two (2) two-story apartment buildings at the project site for a total of fifty-six (56), residential units. There will be forty two (42) two-bedroom units that will measure 787 square feet. The remaining sixteen (16) bedroom units will be three-bedroom units that will measure one thousand and eighty (1,080) square feet. The property is currently zoned R1, which prohibits the construction of multifamily residential units. The applicant is requesting a change of zone from R1 to R3, which permits multifamily residential units. An amendment to the General Plan is being requested to designate the project site’s land use from Low Density Residential to High-Medium Density Residential in conformance with the proposed R3 Zone.
During the public review period staff received comments from the Imperial Irrigation District(IID) that electrical capacity is limited in the Project Area. During the electrical service connection phase the IID will formally review the project which may require a circuit study. Upgrades, including but not limited to new, relocations, modification or reconstruction, to infrastructure may be needed. If this is the case it will also require appropriately deeded rights-of-way and easements.
9. Surrounding land uses and setting: The site consists of a 165-foot by 630-foot undeveloped parcel located in the northern portion of the City of El Centro. There are dilapidated wood structures onsite that will be removed. Please see Figure 2 – Site Photographs The site was previously used for agriculture purposes as late as 1971 per aerial imaging.
7.e
Packet Pg. 294 Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -3-
The project is located in the El Dorado neighborhood, located in the northern portion of the City of El Centro. The area was annexed in 1994, and mostly consists of single-family residences and large areas of vacant land previously used for agriculture purposes. Please see Figure 1 – Location Map of the project site and sounding uses. Uses immediately surrounding the project site are as follows:
North: Vacant land and single family homes
East: Vacant land and single family homes
South: Vacant land and single family homes
West: Vacant land, single family homes and self-storage facility.
10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.)
None
7.e
Packet Pg. 295 Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -4-
7.e
Packet Pg. 296 Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -5-
7.e
Packet Pg. 297 Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -6-
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
Aesthetics Agriculture & Forestry
Resources Air Quality
Biological Resources Cultural Resources Energy
Geology & Soils Greenhouse Gas
Emissions
Hazards & Hazardous
Materials
Hydrology & Water
Quality Land Use & Planning Mineral Resources
Noise Population & Housing Public Services
Recreation Transportation & Traffic X
Tribal Cultural
Resources
Utilities and Service
Systems Wildfire Mandatory Findings of Significance
DETERMINATION:
On the basis of this initial evaluation:
X
I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document in accordance with applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.
Angel Hernandez, AICP, Director of Community Development Date
7.e
Packet Pg. 298 Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -7-
EVALUATION OF ENVIRONMENTAL IMPACTS:
1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources cited. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained when it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.
3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis.
c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures that were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project.
6) Include references to information sources for potential impacts. Reference to a previously-prepared or outside document should, where appropriate, include a reference to the page. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project’s 8) The explanation of each issue should identify:
a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significance
7.e
Packet Pg. 299 Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -8-
Issues:
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
I. AESTHETICS – Except as provided in Public Resources Code Section 21099, Would the project:
a) Have a substantial adverse effect on a
scenic vista? X
b) Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within a
state scenic highway?
X
c) In nonurbanized areas, substantially
degrade the existing visual character or quality
of public views of the site and its
surroundings? (Public views are those that are
experienced from publicly accessible vantage
point). If the project is in an urbanized area,
would the project conflict with applicable
zoning and other regulations governing scenic
quality?
X
d) Create a new source of substantial light or
glare that would adversely affect day or
nighttime views in the area?
X
Explanation:
(a-b) The project is located in a developed portion of the City of El Centro, which lies on relatively flat topography. Notable scenic vistas are limited to distant views of the Superstition Hills, Mt. Signal and the peninsular mountain ranges to the west. Views of these vistas are obscured by trees and existing development to the west. Given the location of the property in a developed portion of the city, the lack of scenic resources at the vacant project site, and that existing development to west obscures distant views of mountains, it is determine that the project will not have an adverse impact on a scenic vistas or damage scenic resources including but not limited to, trees, rock outcroppings, or historic buildings within a state scenic highway as there are none in the vicinity of the project site. (c) The project site is completely vacant and surrounding properties consist of single-family residential homes, vacant land, a mini storage facility, and medical and professional office plaza further to the west. If granted, the change of zone will allow for the development of two (2) apartment buildings that will contain fifty-six (56) units within an existing residential area. New residential development will adhere to the El Centro Municipal Code’s Section 29-54 Residential Zone Design standards. Because the site is vacant and the surrounding areas also consist of single-story residential uses, the proposed project will not degrade the visual character of the area. d) The project will not create a new source of substantial light or glare that would adversely affect day or nighttime views of the area.
7.e
Packet Pg. 300 Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -9-
Issues: Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
II. AGRICULTURE & FORESTRY RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding state’s inventory of forest land, including the Forest and Range Assessment project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project:
a) Convert Prime Farmland, Unique
Farmland, or Farmland of Statewide
Importance (Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping
and Monitoring Program of the California
Resources Agency, to non-agricultural use?
X
b) Conflict with existing zoning for
agricultural use, or a Williamson Act
contract?
X
c) Conflict with existing zoning for, or cause,
rezoning of, forest land (as defined in Public
Resources Code section 12220(g)), timberland
(as defined, by the Public Resources Code
section 4526), or timberland zoned
Timberland Production (as defined by
Governmental Code section 51104(g))?
X
d) Result in the loss of forest land or
conversion of forest land to non-forest use? X
e) Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of
Farmland, to non-agricultural use or
conversion of forest land to non-forest use?
X
Explanation:
(a-b) The project site is designated as Urban and Built Up Land under the 2018 Farmland Mapping and Monitoring Program of the California Resources Agency. Urban and Built-Up Land is defined as builtup land occupied by structures with a building density of at least 1 unit to 1.5 acres. As such, the proposed project site will not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance.
Given that the proposed project site is not zoned for agricultural use, the project will not conflict with any Williamson Act contract.
(c) Currently, the land is zoned for single-family residential uses. As such, the project will not conflict with existing zoning for, or cause, rezoning of, forest land, timberland, or timberland zoned Timberland Production.
(d) The project will not result in the loss of forest land or conversion of forest land to non-forest use as the site is zoned for single family residential land uses and does not consist of forest land. (e) The proposed project will not involve other changes in the existing environment which could result in the conversion of farmland to non-agricultural use or conversion of forest land to non-forest use. Pursuant
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Packet Pg. 301 Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -10-
to the Farmland Mapping and Monitoring Program land to the north, east, south and west is designated Urban and Built-Up land. There is no forest land near the project area or within the project area; thus, there will be no impact to forest lands.
Issues: Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
III. AIR QUALITY -- Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project:
a) Conflict with or obstruct implementation of
the applicable air quality plan? X
b) Result in a cumulatively considerable net
increase of any criteria pollutant for which the
project region is non-attainment under an
applicable federal or state ambient air quality
standard?
X
c) Expose sensitive receptors to substantial
pollutant concentrations? X
d) Expose sensitive receptors to substantial
pollutant concentrations? X
e) Result in other emissions (such as those
leading to odors) adversely affecting a
substantial number of people?
X
Explanation:
(a-c) The project will allow for the construction of up to fifty-six (56) dwelling units. The development would be required to comply with all Imperial County Air Pollution Control District rules and regulations and obtain a permit for construction activities including the preparation of a dust control plan. All new residential development is required to pay an operational development fee to mitigate the emissions from new residences including increase vehicle emissions and power generation emissions per ICAPCD Rule 310. The development would also be required to adhere to the Imperial County Air Pollution Control District Rules and Regulations, specifically Rule VII and Rule III. (d) A sensitive receptor is a person in the population who is particularly susceptible to health effects due to exposure to an air contamination. Sensitive receptor land uses include, schools, child-care centers, playgrounds, hospitals, retirement homes, and single/multi-family residential. The project is located in a single-family residential neighborhood. Dust and heavy equipment emissions will occur during construction, however, the applicant will be required to comply with ICAPCD regulations to reduce construction activates from impacting nearby homes.
(e) The proposed project will allow the development of medium-density residential development. Uses that may generate any objectionable odors are prohibited in all residential areas and no noxious fumes or odors would result from construction or the operation residences.
7.e
Packet Pg. 302 Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -11-
Issues: Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
IV. BIOLOGICAL RESOURCES -- Would the project:
a) Have a substantial adverse effect, either
directly or through habitat modifications, on
any species identified as a candidate,
sensitive, or special status species in local or
regional plans, policies, or regulations, or by
the California Department of Fish and
Wildlife or U.S. Fish and Wildlife Service?
X
b) Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, and regulations or by the
California Department of Fish and Wildlife or
US Fish and Wildlife Service?
X
c) Have a substantial adverse effect on state or
federally protected wetlands (including, but
not limited to, marsh, vernal pool, coastal,
etc.) through direct removal, filling,
Hydrological interruption, or other means?
X
d) Interfere substantially with the movement
of any native resident or migratory fish or
wildlife species or with established native
resident or migratory wildlife corridors, or
impede the use of native wildlife nursery
sites?
X
e) Conflict with any local policies or
ordinances protecting biological resources,
such as a tree preservation policy or
ordinance?
X
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan?
X
Explanation:
(a) The Programmatic Environmental Impact Report for the El Centro General Plan Update (2021) assessed the potential impacts to fish and wildlife species within the El Centro city limits and within the sphere of influence. The western burrowing owl is the one species identified in the document with potential to have habitat within portions of the city of El Centro and the surrounding areas. Specifically, the western burrowing owl has adapted to frequently use highly cultivated and disturbed areas such as agricultural lands. Because the project site consists area developed for residential uses, has not been used for agricultural uses since at least 1971, nor are there adjacent areas or property in the vicinity with the potential of habitat, there would be no impacts to any species identified as a candidate, sensitive, or
7.e
Packet Pg. 303 Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -12-
special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service. (b-f) The project site consists of vacant land within an urbanized area and devoid of any vegetation, bodies of water or wildlife corridors that could sustain wildlife or lead to the establishment thereof.
Thus, the proposed project will not have a substantial adverse effect on any riparian habitat, or a substantially adverse effect on federally protected wetlands, or interfere with the movement of any native resident or migratory fish or wildlife species. Therefore, no impacts to biological resources would result from the proposed project.
Issues: Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
V. CULTURAL RESOURCES -- Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource as defined
in §15064.5?
X
b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to
§15064.5?
X
c) Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?
X
d) Disturb any human remains, including those
interred outside of formal cemeteries? X
Explanation:
(a-d) The project site is mostly vacant aside from existing dilapidated wooden structures previously used for residential purposes. In the unlikely event of the discovery of human remains during construction, State law (Section 7050.5 of the Health and Safety Code, and Section 5097.94 of the Public Resources Code of the State of California) requires that there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until local authorities are notified and proper notification protocols followed.
7.e
Packet Pg. 304 Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -13-
Issues: Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
VI. Energy -- Would the project:
a) Result in potentially significant
environmental impact due to wasteful,
inefficient, or unnecessary consumption of
energy resources, during project construction
or operation?
X
b) Conflict with or obstruct a state or local plan
for renewable energy or energy efficiency? X
Explanation:
(a-b) The proposed project involves the development of apartments. During construction there is negligible amounts of energy used to operate machinery necessary to build residential units. As required by State Law, the owner will be required to adhere to the current California Green Code and submit Title 24 Energy Calculations for design. Title 24 Building Energy Efficiency Standards are designed to reduce wasteful and unnecessary energy consumption in newly constructed and existing buildings.
7.e
Packet Pg. 305 Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -14-
Issues: Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
VII. GEOLOGY AND SOILS -- Would the project:
a) Directly or indirectly cause potential
substantial adverse effects, including the risk
of loss, injury, or death involving:
X
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.
X
ii) Strong seismic ground shaking? X
iii) Seismic-related ground failure, including
liquefaction? X
iv) Landslides? X
b) Result in substantial soil erosion or the loss
of topsoil? X
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in
on- or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse?
X
d) Be located on expansive soil, as defined in
Table 18-1-B of the Uniform Building Code
(1994), creating substantial risks to life or
property?
X
e) Have soils incapable of adequately
supporting the use of septic tanks or alternative
waste water disposal systems where sewers are
not available for the disposal of waste water?
X
f) Directly or indirectly destroy a unique
paleontological resource or site or unique
Geologic feature?
X
Explanation:
(a-f) The project is located in Imperial County, a seismically active area of southern California. Several faults are within the vicinity of the City; however, no faults or faults zones are located within the City limits per fault zone maps provided by the California Department of Conservation. Because the City is located in the seismically active Imperial Valley, the City is considered likely to be subjected to moderate to strong ground motion from earthquakes in the region, especially from earthquakes along the Imperial, Brawley, and Superstition Hills faults. Ground motions are dependent primarily on the earthquake magnitude and distance to the rupture zone. Acceleration magnitudes are also dependent upon attenuation by rock and soil deposits, direction or rupture, and type of fault. Liquefaction generally occurs when granular soil below the water table is subjected to vibratory motions, such as those produced by earthquakes. As a result, ground motions and liquefaction may vary considerably in the same general area.
The proposed project will require implementation of project design measures and adherence to the
7.e
Packet Pg. 306 Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -15-
California Building Code. Implementation of these design and building techniques would reduce the impacts to a level that is less than significant. The proposed project site is not located on an unstable geologic unit. The proposed project would not induce geologic or soil instability on or offsite. A geology and soils study shall be prepared with a clear identification of site-specific measure to ensure geotechnical stability and submitted as part of the building permit process.
Issues: Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
VIII. GREENHOUSE GAS EMISSIONS -- Would the project:
a) Generate greenhouse gas emissions, either
directly or indirectly, that may have a
significant impact on the environment?
X
b) Conflict with any applicable plan, policy or
regulation of an agency adopted for the
purpose of reducing the emissions of
greenhouse gases?
X
(a,b) Increase greenhouse gas emissions from construction activities, electricity generation and additional vehicle trips will be less than significant. The proposed project would not generate significant greenhouse gas emissions that could significantly impact the environment. The project will also not conflict with any applicable plan, policy or regulation adopted for the purposes of reducing greenhouse gas emissions.
7.e
Packet Pg. 307 Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -16-
Issues: Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
IX. HAZARDS AND HAZARDOUS MATERIALS Would the project:
a) Create a significant hazard to the public or
the environment through the routine transport,
use, or disposal of hazardous materials?
X
b) Create a significant hazard to the public or
the environment through reasonably
foreseeable upset and accident conditions
involving the release of hazardous materials
into the environment?
X
c) Emit hazardous emissions or handle
hazardous or acutely hazardous materials,
substances, or waste within one-quarter mile
of an existing or proposed school?
X
d) Be located on a site which is included on a
list of hazardous materials sites compiled
pursuant to Government Code Section
65962.5 and, as a result, would it create a
significant hazard to the public or the
environment?
X
e) For a project located within an airport land
use plan or, where such a plan has not been
adopted, within two miles of a public airport
or public use airport, would the project result
in a safety hazard or excessive noise for
people residing or working in the project area?
X
f) Impair implementation of or physically
interfere with an adopted emergency response
plan or emergency evacuation plan?
X
g) Expose people or structures, either directly
or indirectly, to a significant risk of loss,
injury or death involving wildland fires?
X
Explanation:
(a-c) The project will result in the residential development and will not use, transport or dispose hazardous materials. The proposed project is not within one quarter of a mile of a school. (d) The site is not listed as a hazardous waste and substances site list on Geotracker. (e) Imperial County Airport is located approximately 1.5 miles to the northwest of the project site. A Land Use Compatibility Plan has been established for the Imperial County Airport located 1.5 miles to the northwest of the project site. However, the project site is not within the plan area. The project will not result higher buildings than already allowed and will not result in a safety hazard for people living within the project area.
(f) The project does not involve a land use or activity that could interfere with emergency-evacuation plans for the area.
(g) The project site is located within an urbanized area, far removed from wildland areas.
7.e
Packet Pg. 308 Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -17-
Issues: Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
X. HYDROLOGY AND WATER QUALITY -- Would the project:
a) Violate any water quality standards or waste
discharge requirements or otherwise
substantially degrade surface or ground water
quality?
X
b) Substantially decrease groundwater supplies
or interfere substantially with groundwater
recharge such that the project may impede
sustainable groundwater management of the
basin?
X
c) Substantially alter the existing drainage
pattern of the site or area, including through the
alteration of the course of a stream or river, in a
manner which would result in substantial
erosion or siltation on- or off-site?
X
i.) Result in a substantial erosion or
situation on- or off-site;
ii.) Substantially increase the rate or
amount of surface runoff in a
manner which would result in
flooding on- or offsite;
iii.) Create or contribute runoff water
which would exceed the capacity
of existing or planned stormwater
drainage systems or provide
substantial additional sources of
polluted runoff; or
iv.) Impede or redirect flood flows?
d) In flood hazard, tsunami, or seiche zones,
risk release of pollutants due to project
inundation?
X
e) Conflict with or obstruct implementation of
a water quality control plan or sustainable
groundwater management plan?
X
Explanation:
(a-b) The project would not violate any water quality standards or discharge requirements. The project would also not deplete ground water resources as potable water is available to the site. (c-e) While the project will result in development at the site and will increase the area of impervious surfaces it is not located in a floodzone. Prior to issuance of any buildings permits, a grading and drainage plans shall be prepared in accordance with City storm water requirements to reduce the amount of surface runoff. Implementation of City storm water requirements and regulations will result in in a less than significant impact resulting from surface runoff.
(f) The proposed project will not otherwise degrade water quality.
7.e
Packet Pg. 309 Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -18-
Issues: Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
XI. LAND USE AND PLANNING - Would the project:
a) Physically divide an established
community?
X
b) Cause a significant environmental impact
due to a conflict with any land use plan,
policy, or regulation adopted for the purpose
of avoiding or mitigating an environmental
effect?
X
Explanation:
(a) The proposed project will not physically divide an established community. The project will result in the construction of new housing on vacant land within a residential neighborhood. (b) The proposed project will change the zone from R1 (Low Density Residential) to R3 (Multiple Family Residential) of 0.5 acres of vacant land for the purposes of constructing two(2) apartment buildings that will house 56 apartment units which are permitted in the R3 zone. If approved the change of zone will allow construction of up to sixty (60) dwelling units at the project site. Land uses surrounding the property consist of single-family homes and vacant land. Concurrently an amendment to the General Plan will also be processed to modify the land use map to be consistent with the new zoning designation.
XII. MINERAL RESOURCES -- Would the project:
Issues: Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Result in the loss of availability of a known
mineral resource that would be of value to the
region and the residents of the state?
X
b) Result in the loss of availability of a
locally-important mineral resource recovery
site delineated on a local general plan, specific
plan or other land use plan?
X
Explanation:
(a,b) The project site is within an urban area and is not identified in the General Plan as having any known mineral resource value or as being located within any mineral resource recovery site.
7.e
Packet Pg. 310 Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -19-
Issues: Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
XIII. NOISE Would the project result in:
a) Generation of a substantial temporary or
permanent increase in ambient noise levels in
the vicinity of the project in excess of
standards established in the local general plan
or noise ordinance, or applicable standards of
other agencies?
X
b) Generation of excessive groundborne
vibration or groundborne noise levels?
X
c) For a project located within the vicinity of a
private airstrip or an airport land use plan or,
where such a plan has not been adopted,
within two miles of a public airport or public
use airport, would the project expose people
residing or working in the project area to
excessive noise levels?
X
Explanation:
(a-b) The proposed project will involve construction of two (2) apartment buildings that will house fiftysix (56) apartment units and potential roadway improvements and resulting in temporary increase of noise and groundborne vibration levels in the area. Noise levels during the construction may temporary exceed noise levels as established in the Noise Element of the General Plan, however they shall be required to meet noise City requirements for the operation of construction equipment. Noise generated at the duplexes will be within noise levels for residential areas.
(c) The project site is not located within an airport land use plan and as such exposure to residents at the project site from aircraft noise will be less than significant.
Issues: Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
XIV. POPULATION AND HOUSING –
Would the project:
a) Induce substantial unplanned population
growth in an area, either directly (for example,
by proposing new homes and businesses) or
indirectly (for example, through extension of
roads or other infrastructure)?
X
b) Displace substantial numbers of existing
people or housing, necessitating the
construction of replacement housing
elsewhere?
X
Explanation:
(a) The proposed project will result in the construction of up to fifty-six (56) new dwelling units. Estimates from the US Census, estimates an average household size of 3.27 persons per households. Using this data,
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Packet Pg. 311 Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -20-
XV. PUBLIC SERVICES
Issues: Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
Fire protection? X
Police protection? X
Schools? X
Parks? X
Other public facilities? X
Explanation:
(a) The City of El Centro Fire Department (ECFD) provides service within the City Limits. Additionally, ECFD responds to mutual aids throughout the Imperial Valley and the State when requested through mutual aid agreements with Imperial Valley Fire Departments and the State of California. The ECFD has three (3) stations staffed on a 24-hour basis to serve the public as follows: Station #1 is located at 775 State Street, Station #2 is located at 900 S. Dogwood Avenue, and Station #3 is located at 1910 N.
Waterman Avenue. The Fire Department logged an average response time of approximately 4 to 6 minutes for emergency calls and 10 to 15 minutes for non-emergency calls. It is not anticipated that the construction of fifty-six (56) dwelling units will result in substantial adverse physical impacts to fire facilities. The project site is adjacent to El Centro Fire Station #3 and would be served by this station.
The City of El Centro Police Department (ECPD) is the primary law enforcement agency that serves the citizens of the City and land within the City boundaries. The Police Department has a main police station, located at 150 N. 11th Street. The City of El Centro has a total of 54 sworn officers, employs 28 non-sworn personnel and has an average emergency response time of 7-10 minutes. The construction of fifty-six (56) dwelling units will not significantly increase the demand of police protection and will not require the construction of new police facilities.
The project may generate additional demand to schools, parks or other public facilities however it will not significantly increase the demand of public facilities. Furthermore, new development will be subject to development impact fees to mitigate increases for demand of schools, parks, fire protection, police projection, and administrative facilities. This will result in a less than significant impact to public services. it is estimated that that the project will house one hundred and eighty-four (184) persons, resulting a less than significant population growth.
(b) The project will construction residential dwellings on vacant land and will not result in the displacement of housing or people.
7.e
Packet Pg. 312 Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -21-
XVI. RECREATION. --
Issues: Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Would the project increase the use of
existing neighborhood and regional parks or
other recreational facilities such that
substantial physical deterioration of the
facility would occur or be accelerated?
X
b) Does the project include recreational
facilities or require the construction or
expansion of recreational facilities which
might have an adverse physical effect on the
environment?
X
Explanation:
(a, b) The project will slightly increase the use of existing neighborhood and regional parks or other recreational facilities, however not to a level that would lead to substantial physical deterioration of recreational facilities as the proposed project will not induce a significant increase in the population. Prior to issuance of a building permit, development impact fees for parks will have to be paid to offset increase park and recreational facility use. The proposed project will not induce population growth to a degree large enough that would require the expansion of recreational facilities that would have an adverse effect on the environment.
7.e
Packet Pg. 313 Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -22-
XVII. TRANSPORTATION-- Would the project:
Issues: Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Conflict with a program, plan, ordinance or
policy addressing the circulation system,
including transit, roadway, bicycle and
pedestrian facilities?
X
b) Conflict or be inconsistent with CEQA
Guidelines § 15064.3, subdivision (b)?
X
c) Substantially increase hazards due to a
geometric design feature (e.g., sharp curves or
dangerous intersections) or incompatible uses
(e.g., farm equipment)?
X
d) Result in inadequate emergency access? X
Explanation:
(a) The proposed project will allow the construction of up to fifty-six (56) dwelling units at the project site with an expected 378 daily trips generated is not anticipated to reduce the performance or lead to congestion on adjacent roadways. The site is 300 linear feet from the intersection of North Imperial Avenue and Pico Avenue which are designated as 6-Lane Arterial and 2-Lane Collector respectfully per the Mobility Element of the General Plan. Arterial roadways are high capacity roadways designed intended to connect collector roads to freeways and or highways. Collector roadways are designed to serve secondary traffic generators such as high density or large scale residential areas. Furthermore, the project site is within 0.3 miles from Imperial Avenue and 8th Street both designated as Arterial streets in the General Plan. Considering the expected low increase of traffic generated to the site and proximity to major roadways the project will not have a significant impact to City’s traffic circulation system. (b) The City of El Centro adopted the Transportation Study Guidelines in June 2022 in order to ensure consistency and conformance with all applicable City and State regulations. Using the screening map using the El Centro VMT Dashboard we were able to determine that the project is located in a VMT Efficient Area. Therefore, the project will not conflict with an applicable congestion management program, including level of service standards, travel demand measures, or other standards established by the City or the county congestion management agency. e e) The proposed project will not increase hazards due to a design feature as the proposed project does not involve construction that would increase hazards. The project would not result in inadequate emergency access. (c)The proposed project does not propose any hazardous design features or uses that would be incompatible with the surrounding transit.
(d) The proposed project will not result in inadequate emergency access.
7.e
Packet Pg. 314 Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -23-
XVIII. TRIBAL CULTURAL RESOURCES -- Would the project:
Issues: Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Would the project cause a substantial
adverse change in the significance of a tribal
cultural resource, defined in Public Resources
Code § 21074 as either a site, feature, place,
cultural landscape that is geographically
defined in terms of the size and scope of the
landscape, sacred place, or object with cultural
value to a California Native American Tribe,
and that is:
X
i.) Listed or eligible for listing in
the California Register of
Historical Resources, or in a
local register of historical
resources as defined in Public
Resources Code section 5020.
1(k), or
X
ii.) A resource determined by the
lead agency, in its discretion
and supported by substantial
evidence, to be significant
pursuant to criteria set forth in
subdivision (c) of Public
Resources Code § 5024.1, the
lead agency shall consider the
significance of the resource to a
California Native American
Tribe.
X
Explanation:
(a) The project site is not listed in the California Register of Historical Resources or in a local register of historical resources. Pursuant to SB18 and AB52, the 14 tribes included in the consult list provided by the Native American Heritage Commission. To date, staff has not received comments from any tribe. In addition this site has been previously developed with homes. While it is unlikely that there are going to be any resources on site, should any be uncovered during construction, the developer shall stop construction and contact City Staff for additional instruction. Staff will immediately contact all tribes.
7.e
Packet Pg. 315 Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -24-
XIX. UTILITIES AND SERVICE SYSTEMS. Would the project:
Issues: Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Require or result in the relocation or
construction of new or expanded water,
wastewater treatment or storm water drainage,
electric power, natural gas, or
telecommunications facilities, the construction
or relocation of which could cause significant
environmental effects?
X X
b) Have sufficient water supplies available to
serve the project and reasonably foreseeable
future development during normal, dry and
multiple dry years?
X
c) Result in a determination by the waste water
treatment provider, which serves or may serve
the project that it has adequate capacity to
serve the projects projected demand in
addition to the provider’s existing
commitments?
X
d) Generate solid waste in excess of state or
local standards, or in excess of the capacity of
local infrastructure, or otherwise impair the
attainment of solid waste reduction goals?
X
e) Comply with federal, state, and local
management and reduction statutes and
regulations related to solid waste?
X
Explanation:
(a) The El Centro Wastewater Treatment Plant (WWTP) has the capacity to accommodate 8.0 million gallons of wastewater per day. The treatment plant would be able to treat additional wastewater as it has sufficient capacity. The project site is connected to the City’s sewer system. The project may result in the construction of up to sixty (60) new dwelling units and require paying applicable wastewater capacity fees to offset impacts from the increase wastewater generated. During the public review period staff received comments from the Imperial Irrigation District(IID) that electrical capacity is limited in the Project Area. During the electrical service connection phase the IID will formally review the project which may require a circuit study. Upgrades, including but not limited to new, relocations, modification or reconstruction, to infrastructure may be needed. If this is the case it will also require appropriately deeded rights-of-way and easements.
(b) The proposed project will not require or result in the construction of water or wastewater treatment facilities. As such, there will no environmental impacts due to the construction of water and wastewater treatment facilities. Both, water and wastewater treatment facilities have the capacity to continue to serve the project.
(c) The project will not require the construction of new storm water facilities. Thus, there will be no impact to storm drain facilities.
(d) The City of El Centro Water Treatment Plant (WTP) is permitted through the State Department of
7.e
Packet Pg. 316 Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -25-
Public Health and has a capacity of 14 million gallons per day and has the available capacity to serve the project site. The City of El Centro receives raw water from the Imperial Irrigation District and treats the raw water for consumption for use by its customers. The City of El Centro has sufficient water supplies available to serve the project from existing entitlements and resources and no new or expanded entitlements are needed to serve the site.
(e) The current solid waste service provider is CR&R Waste Services, who has sufficient landfill capacity to serve the project site. The City of El Centro has renewed its contract with CR&R through 2027. Any future development at the site must comply with all applicable federal, state and local statutes and regulations pertaining to solid waste.
XX. WILDFIRE. -- If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
Issues: Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Substantially impair an adopted emergency
response plan or emergency evacuation plan?
X
b) Due to slope, prevailing winds, and other
factors, exacerbate wildfire risks, and thereby
expose project occupants to pollutant
concentrations from a wildfire or the
uncontrolled spread of a wildfire?
X
c) Require the installation or maintenance of
associated infrastructure (such as roads, fuel
breaks, emergency water sources, power lines,
or other utilities) that may exacerbate fire risk
or that may result in temporary or ongoing
impacts to the environment?
X
d) Expose people or structures to significant
risks, including downslope or downstream
flooding or landslides, as a result of runoff,
post-fire slope instability, or drainage
changes?
X
Explanation:
(a- d) This location is not located in or near state responsibility areas or lands classified as very high fire hazard severity zones.
7.e
Packet Pg. 317 Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -26-
XXI. MANDATORY FINDINGS OF SIGNIFICANCE. --
Issues: Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Does the project have the potential to
degrade the quality of the environment,
substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the
range of a rare or endangered plant or animal
or eliminate important examples of the major
periods of California history or prehistory?
X
b) Does the project have impacts that are
individually limited, but cumulatively
considerable? ("Cumulatively considerable"
means that the incremental effects of a project
are considerable when viewed in connection
with the effects of past projects, the effects of
other current projects, and the effects of
probable future projects.)
X
c) Does the project have environmental effects
that will cause substantial adverse effects on
human beings, either directly or indirectly?
X
Explanation:
(a-c) The project will result in the development of up to sixty (60) dwelling units within a 2.39 acres of vacant and previously disturbed land. The project will result in an increase in traffic generated up to 378 new trips per day. In addition, the project is located in a VMT efficient area which complies with the City of El Centro adopted Transportation Study Guidelines. Overall, the proposal will not have a significant impact on the environment as project will result in a minimal development on vacant property in a developed area within the City Limits of El Centro. While existing electrical capacity in the area is limited, any proposed improvements are not significant and would be subject to the requirements of the Imperial Irrigation District.
7.e
Packet Pg. 318 Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) -27-
FINDINGS
The environmental analysis of this Initial Study indicates that the proposed project would not have the potential for significant adverse environmental impacts. The following findings can be made regarding the mandatory findings of significance set forth in Section 15065 of the CEQA Guidelines, as based on the results of this environmental assessment:
The proposed project would not have the potential to degrade the quality of the environment and would not reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, or reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. • The proposed project would not have the potential to achieve short-term goals at the expense of long-term environmental goals.
• The proposed project would not have immitigable environmental impacts, which are individually limited but cumulatively considerable, when considering planned or proposed development in the immediate vicinity of the site. The proposed project would not cumulatively lead to significant adverse impacts that cannot be mitigated to a level of less than significance, when added to proposed, planned, or anticipated development in the area.
• The proposed project would not have environmental impacts, which may have adverse effects on humans, either directly or indirectly.
• The City of El Centro has determined that the proposed project would not have significant adverse impacts on the environment and no additional environmental analysis. The City of El Centro intends to adopt a Negative Declaration for proposed Change of Zone 22-05 and General Plan Amendment 22-05.
SOURCE REFERENCES
The following is a list of references used in the preparation of this environmental document.
Unless attached herein, copies of all referenced reports, memorandums and letters are on file with the City of El Centro Community Development Department – Planning & Zoning Division.
References to Publications prepared by Federal or State agencies may be found with the agency responsible for providing such information.
1) California Building Code, based on 2021 IBC
2) City of El Centro General Plan, adopted June 2021.
3) City of El Centro General Plan Update – Programmatic Environmental Impact Report, adopted June 2021.
4) City of El Centro Traffic Study Guidelines, adopted June 2022. 5) City of El Centro Zoning Code, adopted June 2021.
6) County of Imperial. GIS Map Data. Retrieved from <new.geoviewer.io> on May 1, 2023. 7) Imperial County Air Pollution Control District Rules and Regulations, revised October 20, 2012.
8) Natural Resources Conservation Service, United States Department of Agriculture. Soil Survey of Imperial County, California: Imperial Valley Area .1981. 9) City of El Centro Housing Element, adopted March 2022.
7.e
Packet Pg. 319 Attachment: Exhibit E- Negative Declaration (6143 : Vasquez Apartments Negative Declaration 22-04) 10/2023/cdz/A23-0201/Reso/AdoptingNegDeclaration22-04 1 RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO ADOPTING NEGATIVE DECLARATION 22-04 (SCH#
2023-060637) FOR
PROJECT: Change of Zone 22-05, and General Plan Amendment 22- 05, a proposed zone change from R1 (Single-Family Residential) to R3 (Multiple Family Residential), and General Plan Amendment for consistency with the Zoning Map, located at 1274 West Pico Avenue, further identified by APN 044-261-010
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines of 1970, as amended, a Negative Declaration is appropriate for the above-named project; and
WHEREAS, on the basis of the whole record, including the Initial Study for the abovenamed project and comments received, the City Council of the City of El Centro, California (the “City Council”) finds that there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the City of El Centro, California’s independent judgment and analysis; and
WHEREAS, the City Clerk and the Director of Community Development, both located at 1275 West Main Street, El Centro, California, are the custodians of the records of material which constitute the record of proceedings upon which the City Council’s decision is based in this matter.
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 Negative Declaration, a copy of which is on file at the Office of the City Clerk, on the above-named project is hereby adopted.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California, held on the 7
th day of November, 2023.
CITY OF EL CENTRO
By
Martha Cardenas-Singh, Mayor
ATTEST:
By
Norma Wyles, City Clerk
7.f
Packet Pg. 320 Attachment: Exhibit F- Resolution (6143 : Vasquez Apartments Negative Declaration 22-04) 10/2023/cdz/A23-0201/Reso/AdoptingNegDeclaration22-04 2
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 7 th day of November, 2023,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By
Norma Wyles, City Clerk
7.f
Packet Pg. 321 Attachment: Exhibit F- Resolution (6143 : Vasquez Apartments Negative Declaration 22-04) City Council of the City of El Centro Meeting: 11/07/23 11:30 AM 1275 Main Street Department: Community Development
El Centro, CA 92243 Category: Ordinance
Prepared By: Andrea Montano
SCHEDULED Department Head: Angel Hernandez
ORDINANCE (ID # 6145) DOC ID: 6145
Public hearing to consider the recommendation of the
Planning Commission regarding Vasquez Apartments Zone
Change No. 22-05
CITY MANAGER’S RECOMMENDATION:
Introduce Ordinance No. 23- , AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF EL CENTRO AMENDING THE ZONING MAP FOR THE CITY OF EL CENTRO PERTAINING TO CHANGE OF ZONE NO. 22-05, waive reading and approve as first reading and authorize City Clerk to place on the next agenda for second reading and adoption.
Please refer to Item no. 6143 for discussion regarding this item. An ordinance for the approval of Zone Change 22-05 is attached as Exhibit A.
CONCLUSION:
Introduce Ordinance No. 23- , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF EL CENTRO AMENDING THE ZONING MAP FOR THE CITY OF EL CENTRO PERTAINING TO CHANGE OF ZONE NO. 22-05, waive reading and approve as first reading and authorize City Clerk to place on the next agenda for second reading and adoption.
ATTACHMENTS:
• Exhibit A-Ordinance (DOCX)
8 Packet Pg. 322
1 10/2023/cdz/A23-0201/Ordinance/AmendingZoningMap
ChangeofZone22-05
ORDINANCE NO. 23-__
ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF EL CENTRO AMENDING THE ZONING MAP OF
THE CITY OF EL CENTRO PERTAINING TO
CHANGE OF ZONE 22-05
THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The Zoning Map of the City of El Centro, California is hereby amended to provide:
“The following property which consists of approximately 2.3 acres of land, located at 1274 West Pico Avenue, further identified by APN 044-261-010, is hereby re-zoned from R1 (Single-Family Residential) to R3 (Multiple Family Residential).” Section 2. This Amendment shall be given appropriate enumeration in the files of the City Clerk regarding the Zoning Map.
Section 3. This Ordinance shall take effect thirty (30) days from and after its adoption. Within fifteen (15) days after adoption, it shall be published once in a newspaper, published and circulated within the City of El Centro, California.
INTRODUCED at a regular meeting of the City Council of the City of El Centro, California, held on the 7
th day of November, 2023.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2023.
CITY OF EL CENTRO
By
Martha Cardenas-Singh, Mayor
ATTEST:
By
Norma Wyles, City Clerk
8.a
Packet Pg. 323 Attachment: Exhibit A-Ordinance (6145 : Vasquez Apartments Zone Change 22-05) 2 10/2023/cdz/A23-0201/Ordinance/AmendingZoningMap
ChangeofZone22-05
APPROVED AS TO
FORM:
Office of the City Attorney
By
Elizabeth L. Martyn, City Attorney
STATE OF CALIFORNIA )
COUNTY OF IMPERIAL )
ss CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the foregoing Ordinance No. 23- had its first reading on the 7 th day of
November, 2023, and had its second reading on , 2023, and was passed by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By
Norma Wyles, City Clerk
8.a
Packet Pg. 324 Attachment: Exhibit A-Ordinance (6145 : Vasquez Apartments Zone Change 22-05) City Council of the City of El Centro Meeting: 11/07/23 11:30 AM 1275 Main Street Department: Community Development
El Centro, CA 92243 Category: Resolution
Prepared By: Andrea Montano
SCHEDULED Department Head: Angel Hernandez
RESOLUTION (ID # 6144) DOC ID: 6144
Public hearing to consider the recommendation of the
Planning Commission regarding the Vasquez Apartments
General Plan Amendment No. 22-05
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING GENERAL PLAN AMENDMENT NO. 22-05 CHANGING THE LAND USE DESIGNATION FROM LOW DENSITY RESIDENTIAL TO HIGHMEDIUM RESIDENTIAL FOR PROPERTY WITH APN 044-261-010 AND LOCATED AT 1274 PICO AVENUE, AND DECLARING SAME TO BE THE FIRST GENERAL PLAN AMENDMENT FOR CALENDAR YEAR 2023.
Please refer to Item no. 6143 for discussion regarding this item. A resolution approving General Plan Amendment 22-05 is attached as Exhibit A.
CONCLUSION:
Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO APPROVING GENERAL PLAN AMENDMENT NO. 22-05 CHANGING THE LAND USE DESIGNATION FROM LOW DENSITY RESIDENTIAL TO HIGHMEDIUM RESIDENTIAL FOR PROPERTY WITH APN 044-261-010 AND LOCATED AT 1274 PICO AVENUE, AND DECLARING SAME TO BE THE FIRST GENERAL PLAN AMENDMENT FOR CALENDAR YEAR 2023.
ATTACHMENTS:
• Exhibit A- Resolution (DOCX)
9 Packet Pg. 325
1 10/2023/cdz/a23-0201/Reso/GeneralPlanAmendment
22-05ZoneChange
RESOLUTION NO. 23-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO APPROVING GENERAL PLAN AMENDMENT 22-05
CHANGING THE LAND USE DESIGNATION FROM LOW DENSITY
RESIDENTIAL TO HIGH-MEDIUM DENSITY RESIDENTIAL FOR
PROPERTY WITH APN 044-161-010 AND LOCATED AT 1274 WEST
PICO AVENUE, AND DECLARING SAME TO BE THE FIRST
GENERAL PLAN AMENDMENT FOR CALENDAR YEAR 2023
WHEREAS, Carlos Vasquez has initiated a request for a Zone Change and concurrent General Plan Amendment for the property located at 1274 West Pico Avenue on the parcel identified by APN 044-261-010; and
WHEREAS, the request requires an amendment to the General Plan Land Use Map from Low Density Residential to High-Medium Density Residential for the property further identified by APN 044-261-010, and containing an area of 2.3 acres; and WHEREAS, a public hearing was held by the Planning Commission on the proposed General Plan Amendment 22-05 on August 29, 2023 and no objections were filed with the Commission; and
WHEREAS, the Planning Commission, adopted Resolution 23-11 to recommend the approval of General Plan Amendment 22-05; and
WHEREAS, the proposed General Plan Amendment would not have a deleterious effect on the environment and is necessary and proper at this time for consistency with the City’s Zoning Map; and
WHEREAS, a Mitigated Negative Declaration (SCH# 2023060637) was prepared and considered for the proposal pursuant to the California Environmental Quality Act, as amended; and
WHEREAS, a public hearing was advertised in accordance with the law; and WHEREAS, a public hearing was held on the 7
th day of November, 2023 and the
petitioner was present, and heard, and no one was present to object to the petition nor were any objections filed with the City Council; and
WHEREAS, the proposed amendment would be compatible with the existing and planned land uses of the surrounding areas and would be in the best interest of the general health, safety, and welfare of the community.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
9.a
Packet Pg. 326 Attachment: Exhibit A- Resolution (6144 : Vasquez Apartments General Plan Amendment 22-05) 2 10/2023/cdz/a23-0201/Reso/GeneralPlanAmendment
22-05ZoneChange
1. The foregoing is true, correct, and adopted.
2. That the City Council does hereby approve General Plan Amendment 22-05, a proposed amendment from Low Density Residential to High-Medium Density for property located at 1274 West Pico Avenue and further identified as 044-261-010.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California, held on the 7
th day of November, 2023.
CITY OF EL CENTRO
By:_____________________________
Martha Cardenas-Singh, Mayor
ATTEST:
By: ___________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:_____________________________
Elizabeth L. Martyn, City Attorney
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 7 th day of November, 2023, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By________________________________
Norma Wyles, City Clerk
9.a
Packet Pg. 327 Attachment: Exhibit A- Resolution (6144 : Vasquez Apartments General Plan Amendment 22-05) City Council of the City of El Centro Meeting: 11/07/23 11:30 AM 1275 Main Street Department: Community Development
El Centro, CA 92243 Category: Ordinance
Prepared By: Angel Hernandez
SCHEDULED Department Head: Angel Hernandez
ACTION ITEM (ID # 6164) DOC ID: 6164
Zoning Ordinance Text Amendment 23-01 - Allowing
Cardrooms in the CG-General Commercial Zone
CITY MANAGER’S RECOMMENDATION:
Cancel public hearing regarding Zoning Ordinance Text Amendment 23-01 - Allowing Cardrooms in the CG-General Commercial Zone
FISCAL IMPACT:
N/A
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
N/A
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
N/A
DISCUSSION:
Staff is in the process of amending Chapter 4, Article III of the Municipal Code regarding regulations on the license and operation of one cardroom in the City. Amendments to local cardroom ordinances are required to be reviewed by the California Department of Justice’s Bureau of Gambling Control. The proposed amendments are being drafted by staff and are pending submittal to the Bureau of Gambling Control for review and comment. Because the rules and regulations affect the operation of the cardroom and related potential effects as a result of their location and zoning, staff is requesting that the public hearing on the zoning ordinance text amendment scheduled for November 7, 2023 be canceled until the city received comments from the Bureau.
As mentioned, staff is working on preparing a draft of the amended regulations that will be brought before the City Council once reviewed by the Department of Justice’s Bureau of Gambling.
CONCLUSION:
It is staff's recommendation that the City Council cancel the public hearing regarding Zoning Ordinance Text Amendment 23-01 - Allowing Cardrooms in the CG-General Commercial Zone.
10 Packet Pg. 328
City Council of the City of El Centro Meeting: 11/07/23 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 # 6185) DOC ID: 6185
City Manager's New Staffing Recommendation
CITY MANAGER’S RECOMMENDATION:
Approve the creation of the Multimedia Content Creator position as described in job description
FISCAL IMPACT:
No fiscal impact to the General Fund as current budget for services provided by contracted agencies will be transferred to cover the full cost of this new position.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal #1, Financial & Governance Stability & Sustainability DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
N/A
BACKGROUND:
The City currently receives a variety of multimedia services to the equivalency of a parttime employee. With the approval of the Multimedia Content Creator, we would have a full-time employee and will also see a $10,000 savings per fiscal year in contract expenses.
DISCUSSION:
Under the direction of the Public Information Officer, the Multimedia Content Creator duties include:
▪ Collaborate with various departments to develop video content and photos. ▪ Create visually appealing flyers to publish in various social media formats. ▪ Shoot and edit high-quality videos and photos.
▪ Create a wide range of graphic designs and layouts for brochures logos, signage and promotional materials.
▪ Create presentations for various events.
▪ Live stream of council meetings and events.
CONCLUSION:
Approve the creation of the Multimedia Content Creator position as described in job description
ATTACHMENTS:
• Multimedia content creator FINAL (DOCX)
11 Packet Pg. 329
TITLE: Multimedia Content Creator JOB CODE:
PREPARED: November 2023 FLSA: Exempt
UPDATED: Click or tap here to enter text. BU: CONF
Summary:
Under direction, creates digital multimedia content in a clear, concise, and compelling way to promote Citywide programs and events through traditional and social media avenues; to collaborate with various City departments in highlighting various programs, events, collaborations, and special circumstances. Performs related responsibilities and other duties as assigned.
Distinguishing Characteristics:
This position reports to the Public Information Officer and collaborates with various City departments to develop engaging video content, photos, and visually appealing flyers to publish in various social media formats.
Essential Job Functions:
Essential functions, as defined under the Americans with Disabilities Act, may include any of the following tasks, knowledge, skills, and other characteristics. The list that follows is not intended as a comprehensive list; it is intended to provide a representative summary of the major duties and responsibilities. Incumbent(s) may not be required to perform all duties listed and may be required to perform additional, position-specific tasks. • Conceptualizes and storyboards ideas for videos, photography, and other multimedia projects.
• Engages in video editing, animating, and other post-production duties for a variety of video content.
• Shoots and edits high-quality videos and photos for use in disseminating information through social and other forms of media.
• Comfortably directs multimedia content.
• Develops strategies for social growth on channels.
• Adheres to licensing agreements to create engaging, exciting, and high-quality content.
• Provides technical knowledge of cameras, lighting, audio, and other related equipment.
• Exhibits strong organizational and time management skills, with the ability to manage multiple projects simultaneously.
Required: Open to flexible hours, including evening and weekend events.
11.a
Packet Pg. 330 Attachment: Multimedia content creator FINAL (6185 : City Manager's New Staffing Recommendation)
MINIMUM QUALIFICATIONS
Knowledge of:
• Live-streaming techniques with a focus on City Council meetings. • Content Management Systems to manage the City’s website. • DSLR camera operation.
• Drone videography operation.
• Desired: Adobe Creative Suite, particularly Premiere Pro, Photoshop, Illustrator, or InDesign – After Effects and Lightroom.
Skill to:
• Manage social media.
• Create engaging videos and reels to be posted across various City-owned social media sites.
• Create PowerPoint presentations for various events.
• Communicate effectively, both orally and in writing.
Ability to:
• Work collaboratively in a fast-paced environment.
• Pre-plan collaborations effectively.
• Create promotional items in various sizes to conform to the City’s social media pages.
• Meet strict deadlines.
• Create various graphic designs and layouts for brochures, logos, signage, promotional materials.
• Be a liaison with external printers or production teams to ensure deadlines are met, and materials are printed in their highest quality.
TRAINING AND EXPERIENCE: Three (3) years of full-time media relations, journalism, marketing, community relations, or social media experience.
EDUCATIONAL REQUIREMENTS:
Required:
• Bachelor’s Degree in multimedia, film, graphic design, communications, or related field.
LICENSING/CERTIFICATION REQUIREMENTS;
• Current California Class C Driver’s License and acceptable driving record must be maintained.
Environmental Factors and Conditions/Physical Requirements:
11.a
Packet Pg. 331 Attachment: Multimedia content creator FINAL (6185 : City Manager's New Staffing Recommendation) • The majority of the job duties are performed in an office environment with outdoor/on-site works, as needed.
• Required to sit, stand, or walk for extended periods. • Required to hear and speak to exchange information in person and on the phone. • Required to use hands to finger, handle, grip, grasp, or feel objects. • Required to work outdoors on occasion.
• May be required to bend, stoop, kneel, crawl, and crouch. • May occasionally lift and/or move up to 25 pounds.
• Requires travel to and from meetings, visits various locations, and interacts with various people.
• May require travel outside the County.
Equipment and Tools Utilized:
• Personal computer, copier, fax, and other office equipment; pens, pencils, and other office tools.
• City Vehicles.
• Radios, cell phones, and/or other communication devices.
Approved:
________________________________
City Manager Date
11.a
Packet Pg. 332 Attachment: Multimedia content creator FINAL (6185 : City Manager's New Staffing Recommendation) City Council of the City of El Centro Meeting: 11/07/23 11:30 AM 1275 Main Street Department: Public Works
El Centro, CA 92243 Category: Award of Bid
Prepared By: Abraham Campos
SCHEDULED Department Head: Abraham Campos
ACTION ITEM (ID # 6156) DOC ID: 6156
Award Police Station Construction Project
CITY MANAGER’S RECOMMENDATION:
1. Approve FY24 budget amendment as presented in Exhibit A
2. Approve Resolution No. 23- RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL CENTRO AWARDING THE BID AND AUTHORIZING THE EXECUTION
OF A CONTRACT FOR THE CONSTRUCTION OF THE CITY OF EL CENTRO
POLICE STATION
3. Approve Project Budget as presented in this report
FISCAL IMPACT:
No construction related impact to the general fund.
Projected ongoing increased general fund cost in operation, maintenance and programs as compared to existing facility maintenance funding levels estimated at $250,000 to $500,000 per year starting FY26. Example additional costs include expanded janitorial staff, landscape, technology, utilities and expected new programs.
Project Costs:
Design Contract $ 2,710,168
Construction Management $ 1,672,120
Construction Contract $ 39,764,499
Construction Contingency $ 4,000,000
Soft costs $ 1,600,000 (permits, relocation, utilities, filling fees electronic/communication systems, capacity fees)
Total Estimated Project Costs $ 49,791,282
Proposed Project Budget:
Measure P Fund 299 FY 23 $ 2,012,109.29 < Previously expended Measure P Fund 299 FY 24 $ 3,000,000.00
Measure P Fund 299 FY 25 $ 4,000,000.00
Measure P Fund 299 FY 26 $ 2,000,000.00
MEASURE P BOND $36,390,964.52
IMPACT FEES $1,259,217.00
Fund 226 Asset forfeiture $ 482,383.00
Fund 269 2011 A/B Bonds $ 618,843.00
Total Project Budget $49,763,516.81
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal No. 2 - Environmental Sustainability & Infrastructure - Action 2.8 Ensure that infrastructure is thoughtfully designed and maintained to meet the current and future 12 Packet Pg. 333
Action Item (ID # 6156) Meeting of November 7, 2023
needs of the community while minimizing negative financial impacts and Goal No. 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:
Contractor satisfactory completed the new City Library building, has completed other safety projects as well.
BACKGROUND:
On April 6, 2021, the City Council approved a contract with Arrington Watkins Architects Inc., (AWA) for the design services relating to the Police Station project.
The project consists of phased demolition of the existing police station to allow for the construction two buildings totaling 44,477 SF. The main building is 32,671 square feet two story building and will include a public lobby, a community meeting/multipurpose space, offices for administration, investigators and records and patrol related functions including: lockers, fitness, report writing areas, etc. The second building is a support building of 11,806 square feet. The ground floor will house property and evidence, k-9, the fingerprint laboratory and various police support and storage functions. The upper floor is proposed to house an indoor police firearms range, depending on the overall cost of the project.
To obtain quality bids, staff released a Request for Pre-qualification on June 13, 2023.
The same process occurred during the construction of the regional bus terminal, Skate Park, Aquatic Center and Library projects. Pre-qualification of contractors reviews the contractor ability to perform the project by looking at financial information, contractor’s safety program, similar projects completed and references to assess the technical and managerial competency and financial soundness of the interested bidders. It helps create a pool of contractors that have the quality, capacity and ability to perform work on projects of a particular size and complexity. Only those contractors that are pre-qualified were allowed to bid on the project.
On June 26, 2023 Council approved construction plans for public bidding.
On September 19, 2023 two bids were received as follows:
Contractor Base Bid Additive Bid Total Bid
Barnhart-Reese $39,764,499 $ 665,000 $40,429,499
Nielson Construction $43,141,926 $1,556,002 $44,697,928 The project was designed to fit within a $40 million project budget. The project budget included construction contract cost as well as all soft costs. The construction contract estimate ranged from $29 to $32 million dollars, however the low bid came in at $39,764,499. As such, there is a gap of $9 million dollars needed to complete the new project budget of $49.8 million dollars.
DISCUSSION:
12 Packet Pg. 334
Action Item (ID # 6156) Meeting of November 7, 2023
Staff has reviewed the bids and found both to be responsive and responsible. Given the difference in the bid amount compared to the cost estimate, staff confirmed with the firm who prepared the original estimate and also directed the Construction Manager firm to perform their own construction estimate and confirm if the received bid is representative of current construction costs. The received bid is representative of current bidding environment, the location of the project and project duration.
Staff recommends the bid be awarded to Barnhart-Reese in the Base Bid amount of $39,764,499 and approve the proposed Project Budget as presented in this report.
Given that this is a two year construction project that spans three fiscal years, staff recommends that the $9,000,000 difference in funding required is approved from Measure P revenue based on the following considerations:
1. Staff has identified funding that requires reallocation from FY24 Measure P allocations as certain projects are projected to be constructed in FY25 instead of FY24. This budget amendment if approved will allow capacity in FY24 Measure P to fund the requested FY24 Measure P request for the Police Station Construction (see Exhibit A attached)
2. Approval of Measure P funds to Police Station as presented will not impact existing FY24 approved Measure P projects ready for construction.
3. Although the scenario will require a reduction in approvals of new major Measure P capital projects in FY25, minor approvals could still be considered.
Starting FY26 (July 2025), new major Measure P requests could be considered for funding again. Exhibit B attached illustrates unallocated funding that is available for future projects and activities through FY29.
4. Staff will pursue cost saving measures with the contractor. If identified, cost savings during construction will fund the shooting range outfitting and reduce the burden on Measure P fund in FY25 and FY26
SCHEDULE
Date Milestone
10/17/2023 Project awarded to lowest responsible bidder 11/10/2023 Notice to Proceed is issued
Second week of November Ground Breaking
Mid-Late November Construction of Project starts
First Quarter 2026 Construction complete
CONCLUSION:
1. Approve FY24 budget amendment as presented in Exhibit A
2. Approve Resolution No. 23- RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL CENTRO AWARDING THE BID AND AUTHORIZING THE EXECUTION
OF A CONTRACT FOR THE CONSTRUCTION OF THE CITY OF EL CENTRO
POLICE STATION
12 Packet Pg. 335
Action Item (ID # 6156) Meeting of November 7, 2023
3. Approve Project Budget as presented in this report
ATTACHMENTS:
• Bid Sheet Results 091923 (PDF)
• Resolution 00072193 (PDF)
• Exhibit A Budget amendment proposal (PDF)
• Exhibit B Measure P funding stream (PDF)
12 Packet Pg. 336
12.a
Packet Pg. 337 Attachment: Bid Sheet Results 091923 (6156 : Award Police Station Construction Contract) 09/2023/cdz/A23-0198/Reso/AwardBid/ExecuteAgreement
forConstructionPoliceStation
RESOLUTION NO. 23 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO AWARDING THE BID AND AUTHORIZING THE
EXECUTION OF A CONTRACT FOR THE CONSTRUCTION OF
THE CITY OF EL CENTRO POLICE STATION
WHEREAS, the plans and specifications have been adopted by the City Council of the City of El Centro, California (the “City Council”) and the notice inviting bids has been advertised as required by section 2-185.15 of the City of El Centro (the “City”)’s municipal code for the Police Station Project (the “Project”); and
WHEREAS, bids were received and opened on September 19, 2023, in accordance with law and the Director of Public Works/City Engineer has made a report thereon; and WHEREAS, the City Council has considered the report of the Director of Public Works/City Engineer and, as a result, has determined that two (2) firms submitted bids with Barnhart-Reese Construction, Inc., an active California corporation, submitting the lowest responsive and responsible Base Bid in the amount of thirty nine million, seven hundred sixty four thousand, four hundred ninety-nine dollars and zero cents ($39,764,499.00); and WHEREAS, the City Council has determined to award the Base Bid in the total amount of thirty nine million, seven hundred sixty four thousand, four hundred ninety-nine dollars and zero cents ($39,764,499.00); and
WHEREAS, the City Council finds that the award and approval of a contract for the Project will be in the best interest of the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. That the foregoing is true, correct and adopted.
2. That the City Council hereby accepts the bid of Barnhart-Reese Construction, Inc. and waives any informality with regard to said bid.
3. That the City Council hereby rejects all other bids for the Project.
4. That the City’s City Manager is hereby authorized to sign a contract with BarnhartReese Construction, Inc. for the construction of the Project in the total amount of thirty nine million, seven hundred sixty four thousand, four hundred ninety-nine dollars and zero cents ($39,764,499.00), a copy of which is on file in the Office of the City Clerk, on behalf of the City.
5. That the City Council hereby establishes a construction contingency fund of 10.06% or four million dollars and zero cents ($4,000,000.00) for the Project.
12.b
Packet Pg. 338 Attachment: Resolution 00072193 (6156 : Award Police Station Construction Contract) 09/2023/cdz/A23-0198/Reso/AwardBid/ExecuteAgreement
forConstructionPoliceStation
6. That the City Manager is further authorized to approve and execute any change orders for the Project up to a single change order amount of four million dollars and zero cents ($4,000,000.00) individually or collectively, as needed for unanticipated construction contingencies and is required to report all change orders to the City Council as soon as practical.
7. That the City Council shall approve any change order that either individually exceeds the single change order amount or in combination with other approved change orders, exceed the amount established as the construction contingency fund for the Project as set forth herein.
8. That the contract for the Project shall be reviewed and approved as to form and legality by the City Attorney prior to execution and placed on file in the Office of the City Clerk.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on day of , 2023.
CITY OF EL CENTRO
By _____________________
Martha Cardenas-Singh, Mayor
ATTEST:
By _____________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
By________________________________
Elizabeth L. Martyn, City Attorney
12.b
Packet Pg. 339 Attachment: Resolution 00072193 (6156 : Award Police Station Construction Contract) 09/2023/cdz/A23-0198/Reso/AwardBid/ExecuteAgreement
forConstructionPoliceStation
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.b
Packet Pg. 340 Attachment: Resolution 00072193 (6156 : Award Police Station Construction Contract)
EXHIBIT A
Budget
Budget
Revision
Request
To be
requested in
FY25 Budget
FY24 FY24 FY25
City Hall ADA upgrades Const.. $ 500,000 1,291,966 $ $ 700,000 Bucklin Alley Paving $ - 450,000 $ $ 450,000
Community Center ADA Upgrades
Const. $ - 700,000 $ $ 700,000
Adult Center ada upgrads $ - 500,000 $ $ 500,000
Demo of Valley Center point buildings $ 2,000,000 2,900,000 $ $ 1,500,000 Expenditure Summary $ 2,500,000 5,841,966 $ $ 3,850,000 Cost reallocation savings to FY24 $ 3,341,966
Police Facility FY24 Request $ - $ 3,000,000
12.c
Packet Pg. 341 Attachment: Exhibit A Budget amendment proposal (6156 : Award Police Station Construction Contract) Approved
Budget PROJECTION3
FY24 FY24 FY25 FY26 FY27 FY28 FY29
2023/2024 2023/2024 2024/2025 2025/2026 2026/2027 2027/2028 2028/2029 $19,392,418 $20,255,474 $9,342,350 $5,407,159 $5,540,371 $5,527,527 $5,539,790
REVENUE
Measure P Revenues1 $7,506,000 $7,506,000 $7,618,590 $7,732,869 $7,848,862 $7,966,595 $8,086,094 Interest Earning $150,000 $150,000 $100,000 $100,000 $100,000 $100,000 $100,000 REVENUE + FUND BALANCE $27,048,418 $27,911,474 $17,060,940 $13,240,027 $13,489,233 $13,594,122 $13,725,884
DEBT SERVICE
Library Bond Financing $901,469 $900,169 $898,269 $895,769 $897,569 $898,569 $898,769Police Bond Financing $1,797,627 $1,798,927 $2,395,513 $2,393,888 $2,854,138 $2,845,763 $2,844,888 TOTAL DEBT SERVICE $2,699,096 $2,699,096 $3,293,781 $3,289,656 $3,751,706 $3,744,331 $3,743,656 $ 12,770,028 15,751,994 $ $ 10,000 3,860,000 $ 10,000 $ 10,000 $ 10,000 $ $ - $ 500,000 100,000 $ 2,400,000 $ 4,200,000 $ 4,300,000 $ 4,400,000 $ $ 2,699,096 2,699,096 $ 3,293,781 $ 3,289,656 $ 3,751,706 $ 3,744,331 $ 3,743,656 $ $ - $ 4,000,000 3,000,000 $ 2,000,000 $ $ - - $ - $
$8,597,328 $9,342,350 $5,407,159 $5,540,371 $5,527,527 $5,539,790 $5,572,228 Notes / Assumptions
1. Conservative Projected Revenues provided by Measure P includes 1.5% growth per year2. Assumes goal to maintain Measure P fund balance at or about a minimum of $5 million for unforseen factors and fund stability.3. Projection assumes some FY24 projects will be completed in split years (FY24 and FY25 and FY26). Also assumes some known rebudget or budget requests yet to be processed.4. No projects/expenditures identified at this point for this amount. Funding scenarios in future years may vary based on various economic factors5. FY24 approved funding accurate to July 1, 2023FUND BALANCE JULY 1 (start of fiscal year) POLICE GAP FUNDING REQUESTFUND BALANCE / RESERVE JUNE 30 (END OF FY)2
EXHIBIT B
SUMMARY:
BUDGETED / PROJECTED EXPENDITURES UNALLOCATED FUNDING (AVAILABLE)4
TOTAL DEBT SERVICE
CITY OF EL CENTRO
MEASURE P (FUND 299) 6-YR BUDGET SPREADSHEET (FY 24 TO FY29)
12.d
Packet Pg. 342
Attachment: Exhibit B Measure P funding stream (6156 : Award Police Station Construction Contract) City Council of the City of El Centro Meeting: 11/07/23 11:30 AM 1275 Main Street Department: Public Works
El Centro, CA 92243 Category: Purchase
Prepared By: Catherine Gutierrez
SCHEDULED Department Head: Abraham Campos
RESOLUTION (ID # 6176) DOC ID: 6176
Purchase of a Service Truck for Street Maintenance Division CITY MANAGER’S RECOMMENDATION:
1. Appropriate additional funding as presented
2. Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL CENTRO APPROVING AND AUTHORIZING THE PURCHASE OF A SERVICE
TRUCK FOR STREET MAINTENANCE DIVISION
FISCAL IMPACT:
No Impact to the General Fund.
$65,000 was budgeted in Fiscal Year 2024 Measure P Street Maintenance Division Trucks account, 299-3201-730102
Purchase Amount is $72,273.06
FY'24 Budget Amendment Request:
An additional $7,300 is requested from Measure P funds to proceed with the vehicle purchase.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal #2 - Environmental Sustainability & Infrastructure; Ensure the city’s infrastructure is enhanced and maintained to support existing and future development through innovative and sustainable principles.
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
N/A
BACKGROUND:
Street Maintenance division identified the existing 2002 Chevrolet 2500 truck to be in need of replacement during the fiscal year 2023 budget cycle. The division was budgeted $65,000 in Measure P funds to proceed with the vehicle purchase.
DISCUSSION:
Due to trucks availability, the purchase was not made during fiscal year 2023 and as such, Measure P funds were re-budgeted to fiscal year 2024.
The existing service truck has over 100,000 city miles. This service truck will assist in removing and replacing bus shelters, street signs, tree trimming, repairing potholes and to assist with alley cleanups.
Street Maintenance division staff obtained two informal bids/quotes from Bob Stall La 13 Packet Pg. 343
Resolution (ID # 6176) Meeting of November 7, 2023
Mesa and El Centro Ford. El Centro Ford provided a quote for a new 2022 F250 while Bob Stall La Mesa provided a quote for a 2024 Chevrolet Silverado HD2500.
Staff has reviewed the quotes and would like to proceed with purchasing the 2024 Chevrolet Silverado HD2500 Crew Cab Utility truck from Bob Stall La Mesa in an amount of $72,273.06 as it is a newer model year. The price also includes extended warranty.
CONCLUSION:
1. Appropriate additional funding as presented
2. Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL CENTRO APPROVING AND AUTHORIZING THE PURCHASE OF A SERVICE
TRUCK FOR STREET MAINTENANCE DIVISION
ATTACHMENTS:
• Resolution 00072630 (PDF)
13 Packet Pg. 344
10/2023/cdz/A23-0209/Reso/ServiceTruckPurchase_StreetsDiv 1 RESOLUTION NO. 23-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO APPROVING AND AUTHORIZING THE PURCHASE
OF A SERVICE TRUCK FOR STREET MAINTENANCE
DIVISION BASED UPON INFORMAL BIDS
WHEREAS, the City of El Centro (the “City”) Street Maintenance Division existing 2002 Chevrolet 2500 service truck must be replaced immediately; and WHEREAS, the City Code Section 2-174 requires competitive bidding for amounts of $50,000 or more unless there is an applicable exception; and WHEREAS, the City Code Section 2-173 allows a more informal bids for amounts up to $50,000, and allows for; and
WHEREAS, staff obtained two informal bids and determined to proceed with Bob Stall La Mesa quote in an amount of $72,273.06 (seventy-two thousand two hundred seventy-three dollars and six cents) for a 2024 Chevrolet Silverado HD2500 Crew Cab Utility truck; and WHEREAS, in order it is necessary for the City Manager, Purchasing Officer and City Council to approve and authorize the purchase of the service truck for Street Maintenance Division and waive the provision on Code Section 2-173 and 2-174 for the bidding process; and WHEREAS, the City Council finds that its approval of the purchase 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.
2. That the City Council finds that it is appropriate to waive the monetary limits and process set out in the City Code and on that basis to approve the purchase.
3. That the City Manager and Purchasing Agent approve the purchase as provided under Code Section 2-173.
4. That the City Manager is hereby authorized to sign any documents related to the purchase of the equipment if needed, a copy of which is on file in the office of the City Clerk, on behalf of the City and to take all necessary steps to implement such purchase.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on the day of , 2023.
13.a
Packet Pg. 345 Attachment: Resolution 00072630 (6176 : Vehicle Purchase for Street Maintenance Division) 10/2023/cdz/A23-0209/Reso/ServiceTruckPurchase_StreetsDiv 2
CITY OF EL CENTRO
By __________________________
Martha Cardenas-Singh, Mayor
ATTEST:
By _____________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
By _______________________________
Elizabeth L. Martyn, City Attorney
STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss
CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the forgoing Resolution No. 23- was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
By _________________________
Norma Wyles, City Clerk
13.a
Packet Pg. 346 Attachment: Resolution 00072630 (6176 : Vehicle Purchase for Street Maintenance Division) City Council of the City of El Centro Meeting: 11/07/23 11:30 AM 1275 Main Street Department: City Manager's Office
El Centro, CA 92243 Category: Support
Prepared By: Cynthia De Zilwa
SCHEDULED Department Head: Cedric Cesena
ACTION ITEM (ID # 6184) DOC ID: 6184
Letter of Support - Community Food Projects Grant Program Planning, San Diego State University
CITY MANAGER’S RECOMMENDATION:
Ratify letter of support requested by San Diego State University for Community Food Projects Competitive Grant Program Planning Project.
BACKGROUND:
San Diego State University requested a letter of support as they are applying for a planning grant to assess the access to fresh produce in the Imperial Valley. This letter will be submitted to the National Institute of Food and Agriculture, U.S. Department of Agriculture. They will be inventorying places where residents can get access to fresh produce in Imperial Valley to then pursue a larger grant to bring services to our region.
This proposed Planning Project will leverage existing local capabilities and assets to identify approaches to increasing access to produce for Imperial County residents.
This project will focus on assessing the current community food environment, its stakeholders, and existing assets in the community that can be leveraged to increase healthy food access in the community. This information will be used to develop comprehensive multi-prong approaches that can be implemented to improve the community food environment.
DISCUSSION:
The requested letter of support was to be submitted in a short turnaround, so SDSU requested we submit to them as soon as possible. The City Manager's Office submitted the letter on October 26, 2023.
CONCLUSION:
Ratify and approve letter of support requested by San Diego State University for Community Food Projects Competitive Grant Program Planning Project.
ATTACHMENTS:
• 10-26-23 Letter of Support - Community Food Projects Grant PP COEC (PDF) 14 Packet Pg. 347
14.a
Packet Pg. 348 Attachment: 10-26-23 Letter of Support - Community Food Projects Grant PP COEC (6184 : Ratify Letter of Support - Community Food City Council of the City of El Centro Meeting: 11/07/23 11:30 AM 1275 Main Street Department: Community Services
El Centro, CA 92243 Category: Award of Bid
Prepared By: Javier Villaverde
SCHEDULED Department Head: Adriana Nava
RESOLUTION (ID # 6141) DOC ID: 6141
Discussion and Necessary Action Regarding the Award of
Bid and Authorizing the Execution of a Contract for the Swarthout Park Field Lighting Project
CITY MANAGER’S RECOMMENDATION:
Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL CENTRO AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A
CONTRACT FOR THE SWARTHOUT PARK FIELD LIGHTING PROJECT
FISCAL IMPACT:
The estimated fiscal impact for the Swarthout Park Field Lighting Project is approximately $2 million. Measure P Funds were previously allocated for this project; as such, there will be no impact to the general fund.
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:
Goal #4: Recreation and Life Long Learning - Offer opportunities for recreation and life long learning through innovative, inclusive programming, parks and facilities that serve all residents and visitors.
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE
DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:
Staff has checked the contractor's state license and city business license and both are in good standing. Premier Electrical Solutions has worked on numerous city projects as an electrical sub-contractor most recently on the McGee Park Field Lighting Project.
They also completed the installation of the pathway lighting at Bucklin Park and have completed numerous repairs to the existing field lighting at Stark Field and Frazier Park.
BACKGROUND:
The City of El Centro has various ball parks with lighting amenities. It is estimated that the light fixtures and wooden poles are from the 1960's and the lifespan of the poles is approximately 50 years. As such, the wooden poles, which range from 50 to 70 feet in height have reached their serviceable lifespan. During the past years, two wooden poles have been replaced at Swarthout due to the immediate danger of collapsing. The poles exhibited large visible cracks and were leaning heavily.
DISCUSSION:
The scope of work for the Swarthout Park Field Lighting project includes the removal of all existing wooden light poles and main electrical overhead service, the installation of new metal poles with Musco LED field lighting throughout the park to service two football fields, one large soccer field, one baseball/softball field, basketball court.
Additionally, parking lot lighting will be installed at the existing parking lot located at northwest corner of the park. The main electrical switch gear will be replaced with new 400A switch gear to service the entire park.
15 Packet Pg. 349
Resolution (ID # 6141) Meeting of November 7, 2023
In order to carry out the project, the City followed the formal bidding process. Below is a timeline of events.
July 30, 2023 Invitation for Bids Released (date of advertisement) August 23, 2023 Mandatory Pre-Bid Meeting
September 7, 2023 Bid Opening
September 12, 2023 Bid Protest Submitted by Ace Electric, Inc.
September 15, 2023 Bid Protest Response by Premier Electrical Solutions, Inc.
October 31, 2023 Response Letter from City Attorney to Ace Electric, Inc.
The Bid Opening was held on September 7, 2023 and five (5) bids were submitted.
After the review and bid tabulation, the bid results were as follows:
Three Peaks Corporation: $2,780,000
MAC GC Electric: $2,174,586
Legacy Electrician Inc.: $2,140,000
Ace Electric Inc.: $2,126,000
Premier Electrical Solutions: $1,939,200
The lowest bidder was Premier Electrical Solutions at $1,939,200, followed by Ace Electric Inc. $2,126,000. Ace Electric’s bid is $187,000 more than Premier Electrical Solutions’ bid.
On September 12, 2023, Ace Electric Inc. submitted a protest letter. On September 15, 2023, Premier Electrical Solutions, submitted a response to the Ace Electric Inc. letter.
Both letters are attached to this Staff Report for the record.
After careful review of bids submitted and the protest letter, City staff noted the protest letter by Ace Electric did not have merit. Ace Electric raised minor technical issues that the City has the discretion to waive in a bid, in accordance with “Section 14. F.
Remedies” of the bid documents. In reviewing the protesting bidder’s bid, it was also noted that three (3) of the bid documents were incomplete as signatures were missing.
Thus, the protesting bidder’s bid had items at least equal in severity to the ones being protested from the low bidder.
On October 31, 2023, the City Attorney responded to Ace Electric, the protesting party, recommending the bid be awarded to the lowest responsible bidder, Premier Electrical Solutions.
Estimated Schedule
Council Award: November 7, 2023
Estimated Start Date: November 21, 2023
Estimated Completion Date: June 2023
CONCLUSION:
Staff is recommending the award of the bid to Premier Electrical Solutions, Inc. in the amount of $1,939,200 and establishment of a contingency in the amount of $200,000. 15 Packet Pg. 350
Resolution (ID # 6141) Meeting of November 7, 2023
ATTACHMENTS:
• Swarthout Park Field Lighting Project Bid Review Packet (PDF) • Urgent Bid Protest - Ace Electric (PDF)
• Bid Protest Response - Premier Electrical Solutions (PDF) • 3Q15662 Response to Premier's Response - Ace Electric (PDF) • A23-0193 Response Bid Protest 10.30 (PDF)
15 Packet Pg. 351
BID SHEET
PROJECT: Swarthout Park Field Lighting
Project
Community Services
BID OPENING DATE: September 7, 2023
BID OPENING TIME: 2:00 p.m.
BIDDER NAME TOTAL BID
Three Peaks Corp
$2,780,000.00
Legacy Electrician Inc.
$2,140,000.00
Ace Electric Inc.
$2,126,000.00
Premier Electrical Solutions $1,939,200.00
MAC GC Electric $2,174,586.00
Exhibit A15.a
Packet Pg. 352 Attachment: Swarthout Park Field Lighting Project Bid Review Packet (6141 : Award of Contract for 1 Swarthout Park Field Lighting Project
Bid Review
For purposes of this document, five bids were received on September 7, 2023 and the lowest two bids are being reviewed fully compared.
Bid Amounts
Item Ace Electric Inc. Premier Electrical
Base bid amount
(Basis of award) $2,126,000 $1,939,200
Required Documentation
Proposal/Bid Form Included - Complete Included - Complete Bid Bond Included - Complete Included - Complete
Proposal Agreement Included - Complete Included - Complete Workers’
Compensation
Certificate
Included – Incomplete
missing Attest
signature
Included - Complete
Drug/Alcohol Testing
Requirements Included - Complete Included - Complete
Subcontractor’s Listing Included - Complete
Included – Complete
Typo on A&N license
number. Added extra zero.
Put percentages in lieu of
“type” of work for two
subcontractors in portion
column
Non-collusion
Declaration
For Corporation
Included - Complete Included - Complete
Corporate Certification
or Partnership
Information
Included – Incomplete
missing Attest
signature
Included - Complete
Contractor’s
Certification of
Qualification for
License Classification
Included – Incomplete
missing Attest
signature
Included - Complete
State Contractor License / EPLS Checks
Prime Contractor
CSL #835109
A, B, C-10
Issued in 3-30-2004
Expires 3-31-2024
CSL #1043349
C10
Issued in 8-21-2018
Expires 2-29-2024
Exhibit "B"15.a
Packet Pg. 353 Attachment: Swarthout Park Field Lighting Project Bid Review Packet (6141 : Award of Contract for Swarthout Park Field Lighting Project) 2 Valid / Clear Valid / Clear
Subcontractors (0) subcontractors
from Imperial County
• Craig’s Crane
Services -963466 Valid • Curtis Drilling Co. -624663 Valid • A1 Pumpcrete Mix -1051669 Valid • Tom Watson Inc. -644243 Valid (2) subcontractors
•Robles Underground -886057 Valid • A&N Quality Builders -1001206 Valid Department of Industrial Relations
Registration Checks
Prime Contractor PWC Reg. No.
1000001519
Reg. Date 7-1-2023
Exp. Date 6-30-2026
PWC Reg. No.
1000868857
Reg. Date 7-1-2022
Exp. Date 6-30-2024
Subcontractors
• Craig’s Crane
Services
PWC Reg. No.
1000435665
Reg. Date 10-10-2022
Exp. Date 6-30-2025
• Curtis Drilling Co.
PWC Reg. No.
1000006928
Reg. Date 7-1-2023
Exp. Date 6-30-2024
• Superior Ready Mix
PWC Reg. No.
1000003711
Reg. Date 7-1-2022
Exp. Date 6-30-2024
• Tom Watson Inc.
PWC Reg. No.
1000002371
Reg. Date 7-1-2022
Exp. Date 6-30-2025
•Robles Underground
PWC Reg. No.
1000600888
Reg. Date 7-1-2023
Exp. Date 6-30-2024
•A&NQuality Builders
PWC Reg. No.
1000012584
Reg. Date 7-1-2022
Exp. Date 6-30-2025
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Packet Pg. 389 Attachment: Swarthout Park Field Lighting Project Bid Review Packet (6141 : Award of Contract for Swarthout Park Field Lighting Project) Finch, Thornton & Baird, LLP 4747 Executive Drive, Suite 700 San Diego, CA 92121 T 858.737.3100 F 858.737.3101 ftblaw.com
URGENT BID PROTEST
VIA OVERNIGHT DELIVERY
Ms. Adriana Nava
Community Services Director
City of El Centro
Community Services Department
1249 West Main Street
El Centro, California 92243
VIA ELECTRONIC MAIL ONLY
Mr. Javier Villaverde
Parks Supervisor
City of El Centro
Community Services Department
1249 West Main Street
El Centro, California 92243
[email protected]
Re: Protest of Award to Premier Electrical Solutions, Inc.
Protestor: Ace Electric, Inc.
6061 Fairmount Avenue, San Diego, California 92120; (619) 814-4767 Owner: City of El Centro (“City”)
Project: Swarthout Park Field Lighting Project,
350 W. Euclid Avenue, El Centro, California (“Project”) Dear Ms. Nava and Mr. Villaverde:
1. Introduction
We represent Ace Electric, Inc. (“Ace Electric”) with respect to the above referenced Project. This is Ace Electric’s protest of the award of the Project to Premier Electrical Solutions, Inc. (“PESI”).
PESI’s bid is nonresponsive because it failed to comply with the Subletting and Subcontracting Fair Practices Act, Public Contract Code section 4100, et seq. Specifically, based on PESI’s failure to properly complete the Subcontractors Listing form, PESI’s subcontracting commitments are improperly uncertain and/or unclear. Further, PESI did not list a valid contractors license number for one of its subcontractors. California law prohibits the City from waiving these defects because it would provide PESI with a competitive advantage not afforded to other bidders and would open the door to improper bid shopping. Therefore, the City must find PESI’s bid nonresponsive and award the Project to the next lowest responsive and responsible bidder, Ace Electric.
2. Brief Factual Background
In July 2023, the City published a project manual for the Project which included an Invitation for Bids (“Bid Documents”). A copy of the City’s Bid Documents is attached at Tab 1.
Bids for the Project were due on September 7, 2023. The City received five bids for the Project.
PESI submitted the lowest bid with a bid of $1,939,000.00. Ace Electric submitted the second lowest bid with a slightly higher bid of $2,126,000.00.
September 12, 2023
P. Randolph Finch Jr.
[email protected]
File 897.001
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Packet Pg. 390 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) Finch, Thornton & Baird, LLP 4747 Executive Drive, Suite 700 San Diego, CA 92121 T 858.737.3100 F 858.737.3101 ftblaw.com Ms. Adriana Nava
Mr. Javier Villaverde
September 12, 2023
3. Requirements and Purpose of the Subcontractors Listing Form As part of a bid, the Bid Documents required bidders complete and submit a Subcontractors Listing form. The Subcontractors Listing form contained three columns which must be completed: (1) Portion of Work; (2) Name/Place of Business Address/Telephone No.; and (3) State Contractor’s License and DIR Registration No.
Under the Portion of Work column on Subcontractors Listing form, the instructions provide that a bidder must “list 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.” The Bid Documents’ requirement that bidders provide an actual description of the scope of work performed by its subcontractors is consistent with California’s Subletting and Subcontracting Fair Practices Act. (Pub. Contract Code, section 4100, et. seq.) The central purpose of the Subletting and Subcontracting Fair Practices Act is to protect both the public and subcontractors from the practices of bid shopping and bid peddling in connection with public works projects. (See Cal-Air Conditioning, Inc. v.
Auburn Union School Dist. (1993) 21 Cal.App.4th 655, 668; see also JMS Air Conditioning & Appliance Service, Inc. v. Santa Monica Community College Dist. (2018) 30 Cal.App.5th 945, 958 [The Subletting and Subcontracting Fair Practices Act’s “express and singular purpose is to prevent bid shopping and bid peddling”].) Generally speaking, the Subletting and Subcontracting Fair Practices Act effectuates this purpose by requiring bidders to expressly list its subcontracting commitments. (See id. at 951.) The intent is to prevent a prime contractor from using a subcontractor’s bid to prepare its bid, and then shopping that bid to get a lower price after award. (Valley Crest Landscape, Inc. v. City Council (1996) 41 Cal.App.4th 1432, 1439-40.) This purpose is accomplished by requiring bidders to list the portion of work the subcontractor is to perform and the type of work. (Id.) If a certain subcontractor is listed, for example, as performing the masonry work, the public entity can determine that particular subcontractor is performing the masonry work, not another subcontractor that was pressured to perform at a lower cost. (Id.)
4. PESI Failed to Complete the Subcontractors Listing Form Here, PESI failed to properly complete the Portion of Work column or otherwise provide a description of the portion of work that its two subcontractors will be performing in violation of both the Subcontractors Listing form and the Subletting and Subcontracting Fair Practices Act.
As shown in the below screenshot of PESI’s Subcontractors Listing form, rather than provide the portion of the work that its subcontractors will be performing, PESI simply put a vague percentage of the overall bid:
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Packet Pg. 391 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) Ms. Adriana Nava
Mr. Javier Villaverde
September 12, 2023
Finch, Thornton & Baird, LLP 4747 Executive Drive, Suite 700 San Diego, CA 92121 T 858.737.3100 F 858.737.3101 ftblaw.com Specifically, for subcontractor Robles Underground, PESI simply put “2.2%.” Likewise, PESI only listed “7.5%” for A&N Quality Builders. It is unclear what these percentages represent, i.e., percentage of the total bid versus a certain bid item. In any event, it is entirely unclear what scope of work these subcontractors will be performing.
These descriptions fail to comply with the requirements of the Subcontractors Listing form which requires a bidder “list the portion of the work which will be done by each subcontractor[.]” The term “portion” clearly refers to the actual type and scope of work the subcontractor will perform rather than percentage of the overall bid. For example, a correct entry would be something like “electrical” or “concrete,” which would allow the City to determine what type of work a subcontractor will be performing. This interpretation of “portion” is consistent with and supported by the other requirement of the Subcontractors Listing form which states that a bidder “shall list only one subcontractor for each portion of the WORK.” If bidders were allowed to simply list a percentage, the foregoing sentence would be illogical. Further, if bidders were allowed to only list a percentage as the description, the door would still be open for bid shopping which the Subletting and Subcontracting Fair Practices Act (and reason for the Subcontractors Listing form) aims to curtail. Accordingly, PESI’s listing of percentages does not comply with the requirements of the Subcontractors Listing form or the Subletting and Subcontracting Fair Practices Act.
Further, PESI did not provide a valid State Contractor’s License number for A&N Quality Builders. As shown above, PESI listed “#10001206” as the license number on the Subcontractors Listing form. However, a CSLB license search for 10001206 shows that this license number does not exist:
5. PESI’s Bid is Nonresponsive on Its Face
“A bid is responsive if it promises to do what the bidding instructions require.” (MCM Construction, Inc. v. City and County of San Francisco (1998) 66 Cal.App.4th 359, 368.) Accordingly, a bid is non-responsive if it does not exactly conform to the public agency’s specifications for the contract. (Bay Cities Paving & Grading, Inc. v. City of San Leandro (2014) 223 Cal.App.4th 1181, 1188.) Questions of responsiveness are generally determined by looking exclusively at the face of the bid, and do not depend on outside investigation or information. (Great West Contractors, Inc. v. Irvine Unified School
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Packet Pg. 392 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) Ms. Adriana Nava
Mr. Javier Villaverde
September 12, 2023
Finch, Thornton & Baird, LLP 4747 Executive Drive, Suite 700 San Diego, CA 92121 T 858.737.3100 F 858.737.3101 ftblaw.com Dist. (2010) 187 Cal.App.4th 1425, 1453; Taylor Bus Service, Inc. v. San Diego Board of Education (1987) 195 Cal.App.3d 1331, 1341.) “[L]iteral noncompliance with a bid request does indeed make a bid nonresponsive.”
As set forth above, PESI’s bid did not follow the Bid Documents, and thus, must be rejected as nonresponsive. On the other hand, Ace Electric’s Bid is the lowest, responsive bid and should be awarded the Project.
6. Legal Standard for Waiving Bid Defects
Although public entities have limited discretion to waive defects, a bid defect can only, “be accepted if the variance cannot have affected the amount of the bid or given the bidder an advantage or benefit not allowed other bidders or, in other words, if the variance is inconsequential.” (Valley Crest Landscape, Inc. v. City Council, supra, 41 Cal.App.4th at 1440–41.) Simply put, a bid including a discrepancy may only be deemed responsive if the discrepancy is immaterial. (See Ghilotti Construction Co. v. City of Richmond (1996) 45 Cal.App.4th 897, 906.) A bid deviation is immaterial if it does not: (1) affect the bid amount; (2) give the bidder an advantage over other bidders; (3) serve as a potential vehicle for favoritism; (4) influence other potential bidders to refrain from bidding; or (5) affect the ability to make bid comparisons. (Id. at p. 907.)
One way to identify a nonwaivable error is if a bidder could have sought relief under Public Contract Code section 5103. Under Public Contract Code section 5103, bidders may seek to withdraw their bid without forfeiting the bid bond if the bidder made a mistake filling out the bid that made the bid materially different. Courts have further defined that qualifying bid errors must be “typographical or arithmetical errors.” (Valley Crest Landscape, Inc., supra, 41 Cal.App.4th 1432, 1442 [citation omitted].) Any error giving a bidder the ability to withdraw its bid without forfeiting its bond is a nonwaivable error because it affords the bidder an unfair advantage not available to other bidders. (Id.) Further, California law requires a public entity to comply with the representations it makes—the rules it sets—in the bid documents. (Pozar v. Department of Transportation (1983) 145 Cal.App.3d 269, 270 [public entity has a ministerial duty to follow the bid evaluation rules published in its bid documents].) Accepting a nonresponsive bid is violative of these rules.
7. The PESI Defects Are Material and Cannot Be Waived
PESI’s bid is nonresponsive because it contains multiple material errors related to the listing of subcontractors on the Subcontractors Listing form. Such errors are material because PESI failed to comply with both California law and the City’s requirements. Further, as a result of these errors, PESI’s subcontracting commitments for both of its listed subcontractors are entirely unclear. For example, there is no indication what type of work these subcontractors will perform. This opens the door for the exact type of bid shopping and bid peddling that the California subcontractor statutory listing requirements are intended to prevent. These errors cannot be waived because it would provide PESI with a competitive advantage not provided to other bidders. Other bidders were not permitted to have “placeholders” for unidentified subcontractor work.
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Packet Pg. 393 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project)
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Packet Pg. 394 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) TAB 1
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Packet Pg. 395 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) City of El Centro
Swarthout Park Field Lighting
Project
PROJECT MANUAL
PROJECT CODE
July 2023
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Packet Pg. 396 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 1 CITY OF EL CENTRO
STATE OF CALIFORNIA
SWARTHOUT PARK FIELD LIGHTING PROJECT
TABLE OF CONTENTS
Title Section Page Number
Invitation for Bids 2-4
Required Documents 5
Proposal Requirements 6-11
Proposal Bid Form 12-13
Bid Bond 14
Proposal Agreement 15
Construction Services Agreement 16-26
Faithful Performance Bond 27
Labor and Materials Bond 28
Workers’ Compensation Insurance Certification 29
Drug and Alcohol Testing Requirements 30
Subcontractor’s Listing 31-32
Noncollusion Affidavit 33
Corporate Certification or Partnership Information 34
Contractor’s Certification of Qualification for License Classification 35 General Conditions 36-53
Supplementary General Conditions 54-58
Special Provisions 59
Exhibit A – California Public Contracts Code Section 9204 --------- Exhibit B – State Prevailing Wage Rates ---------
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Packet Pg. 397 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 2 INVITATION FOR BIDS
1. GENERAL INFORMATION
The City of El Centro (“the City”) is inviting bids for the Swarthout Park Field Lighting Project located at 350 W. Euclid Avenue, El Centro, California.
2. SCOPE OF WORK
The work involves all site work as marked in the approved set of plans to construct new Field Lighting at Swarthout Park located at 350 W. Euclid Avenue. The work involves the demolition of all existing wood light poles including all wood power poles, installation of new LED Field Lighting with metal poles and new 400A switch gear with underground service (the “Project”).
3. PROJECT SCHEDULE
To be completed within one hundred twenty (120) calendar days after the issuance of a Notice to Proceed. All days set out in this Bid Packet are calendar days unless otherwise specified.
4. PROPOSAL REQUIREMENTS
SEALED PROPOSALS will be accepted at the Office of the City Clerk, City Hall, 1275 W. Main Street, El Centro, California until 2:00 PM local time on Thursday, September 7, 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 Thursday, August 31, 2023 at 5:00 PM to allow time for distributing answers and/or clarifications to plan holders. Any responses to questions will be provided by Addendum. No oral comments shall be of any force or effect with respect to this solicitation.
As used herein, all days are calendar days unless otherwise specified.
BIDS TO REMAIN OPEN: The Bidder shall guarantee the total Bid price for a period of ninety (90) calendar days from the date of Bid opening.
PLANS & SPECIFICATIONS:
Copies of plans and specifications (bid book) may be obtained at Planetbids.com via the City of El Centro website www.cityofelcentro.org. Bidders are responsible for checking the City’s website at www.cityofelcentro.org for any Addenda that may be posted.
MANDATORY PRE-BID MEETING: Bidders must attend a mandatory pre-bid meeting which will be conducted by the City’s Construction Manager at 10 a.m. on Wednesday, August 23, 2023.
The meeting will be held at the City’s Community Services Department Conference Room located at 1249 Main Street in El Centro. The object of the meeting is to acquaint bidders with the site conditions and mandatory bidding requirements. At that meeting the City’s Equal Opportunity Program goals and reporting procedures will be discussed.
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Packet Pg. 398 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 3 PROPOSAL FORMS: No bid will be received unless it is made on the prescribed bid form furnished by the City. Each bid must be accompanied by a guaranty of cash, certified check, cashier’s check or bid bond made payable to the City of El Centro for an amount equal to at least ten percent (10%) of the bid. Such guaranty will be forfeited should the bidder to whom the contract is awarded fail to enter the contract. All guaranties are to be returned after the contract is awarded.
In addition to the required documents listed on page 5, the bid may be considered incomplete and be disqualified if any of the following information is not provided.
1. On the bid form(s), the unit price items must be written in figures and total contract price must be written in words and figures. The words and figures shall appear on the blank spaces provided.
2. On pages 23-24 the Subcontractor’s Listing shall be completed. If no subcontractor will be used, indicate an “X” mark on the space provided for “No subcontractor.” The contractor shall possess a Class C-10 Electrical Contractor license at the time this contract is awarded.
PREVAILING WAGE RATES: The salary and wage for any classification shall be the current applicable State of California wage rates.
In accordance with the provisions of Labor Code §§1770 to 1781 as duly enacted by the State of California, the City Council has ascertained the general prevailing rate of wages applicable to the work to be done as those shown in the specifications of the work. Information on the current state prevailing wages can be obtained by contacting the State of California, Department of Industrial Relations, Division of Labor Statistics and Research, 45 Fremont Street, Suite 1160, San Francisco, California, 94105, (415) 972-8628 or from the California Department of Industrial Relations’ internet website at http://www.dir.ca.gov.
Future effective general prevailing wage rates, which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates.
All bids are to be compared on the basis of the Engineer’s estimate of the quantities of work to be done. A bid will only be accepted from a contractor who is licensed in accordance with the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California as amended.
LIQUIDATED DAMAGES: As set out in Section XVI of the Construction Services Agreement, CONTRACTOR shall pay to the CITY the sum of Five Hundred Dollars ($500.00) for each and every calendar day of delay beyond the Contract Time, or beyond any completion schedule, construction schedule or Project milestones established in or pursuant to the Project Schedule, or beyond the time indicated in the Project Schedule for any individual Contract activity.
CONTRACTOR AND SUBCONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS.
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Public Contract Code §4104, or engage in the performance of any contract
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Packet Pg. 399 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 4 for public work, as that term is defined in Division 2, Part 7, Chapter 1 of the Labor Code, unless currently registered and qualified to perform public work pursuant to Labor Code §1725.5. It is not a violation of Labor Code §1771.1 for an unregistered contractor to submit a bid that is authorized by Business and Professions Code §7029.1 or by Public Contract Code §§ 10164 or 20103.5, provided the contractor is registered to perform public work pursuant to Labor Code §1725.5 at the time the contract is awarded. A bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor’s and all subcontractor's current registration to perform public work pursuant to Labor Code §1725.5.
AWARD BASIS: The contract will be awarded based on the lowest responsive and responsible base bid as shown by the bid proposal form. See bid proposal form for further clarification.
Special attention of all prospective bidders is called to “Proposal Requirements and General Conditions” annexed to the blank form of the proposal for full directions as to bidding, etc.
Pursuant to California Public Contract Code §22300, the Contractor has the option of substituting securities for any money that is withheld by the City. Refer to section 1-23 of the General Conditions for further information.
CITY’S RIGHTS RESERVED: The City reserves the right to reject any or all bids, to waive any technical irregularity informality in a bid, and to make awards in the interest of the City.
DATE: _____________________ CITY OF EL CENTRO, CALIFORNIA _____________________________
Norma Wyles, City Clerk
END OF INVITATIONS FOR BIDS
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Packet Pg. 400 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 5 REQUIRED DOCUMENTS
The following is a list of documents to be submitted as part of the bid packet. Proposals not containing the following documents could be considered incomplete and are subject to rejection.
• Proposal/Bid Form
• Bid Bond
• Proposal Agreement
• Workers’ Compensation Certificate
• Drug/Alcohol Testing Requirements
• Subcontractor’s Listing
• Noncollusion Affidavit
• Corporate Certification or Partnership Information
• Contractor’s Certification of Qualification for License Classification
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Packet Pg. 401 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 6 PROPOSAL REQUIREMENTS
1. Examination of Plans, Specifications, Special Provisions and Site of Work: The bidder is required to examine carefully the site of work contemplated and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and quantities of work to be performed and materials to be furnished and as to the requirements of the specifications, special provisions and the contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination.
2. Bid Form: All proposals must be made on the bid forms to be obtained from the Community Services Department at 1249 West Main Street, El Centro, CA. All bids must give the prices proposed both in writing and figures and must be signed by the bidder with bidders’ business address.
If the bid is made by an individual, the individual's name and post office address must be shown.
If made by a firm or partnership, then the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, then the bid must show the name of the State under the laws of which the corporation is chartered and the name, titles and business addresses of the President, Secretary and Treasurer. A certification by the legal representative of the firm must be included in the bid. If bidder is a corporate entity and is awarded the contract, prior to execution of the contract, the contractor shall submit satisfactory, documentary proof that the person(s) executing said contract and all related documents on the behalf of said corporation has authority to do so.
3. Rejection of Bid Containing Alterations, Erasures or Irregularities: Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, erasures or irregularities of any kind.
4. Withdrawing Bid. The Bid may be withdrawn upon request by the bidder without prejudice prior to, but not after the time fixed for opening of bids provided that the request is in writing, has been executed by the bidder or the bidders duly authorized representative and is filed with the City Clerk.
4.1 Omissions and Discrepancies: If the bidder finds discrepancies in or omissions on the drawings, or other contract documents or if bidder is in doubt as to their meaning, the bidder should at once notify the Director of Community Services who may send a written instruction to all bidders. Failure to discover or report any such discrepancies or omissions will not relieve the bidder of responsibility for the bid.
4.2 Interpretations and Addenda: No oral interpretations shall be made to any bidder as to the meaning of any of the contract documents, or be effective to modify any of the provisions of the contract documents. Every request for an interpretation shall be made in writing and addressed and forwarded to the Community Services Director.
4.3 The City reserves the right to reject any or all bids.
5. Bidder’s Guaranty: All bids shall be presented under sealed cover and shall be accompanied by cash, cashier's check, certified check, or bid bond made payable to the City of El Centro for an amount equal to at least ten percent (10%) of the amount of said bid, and no bid shall be considered unless such cash, cashier's check, certified check or bid bond is enclosed therewith.
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Packet Pg. 402 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 7 5.1 Return of Bid Guaranty: Within ten (10) business days after the award of the contract, the City Council will return the bid guaranties accompanying the bids which are not to be considered in making the award. All other bid guaranties will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose bids they accompany.
5.2 Execution of Contract: The contract and contract documents shall be signed by the successful bidder and returned together with the contract bonds, within ten (10) days, not including Sundays, after the bidder has received notice the contract has been awarded. No bid shall be considered binding upon the City until the execution of the contract. Failure to execute the contract and file acceptable bonds as provided herein within ten (10) days, not including Sundays, after the bidder has received notice that the contract has been awarded, shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty.
5.3 Sureties: The successful bidder shall also promptly secure with a responsible corporate surety or corporate sureties satisfactory bonds conditioned upon faithful performance by the said bidder of all the requirements under the contract and upon the payment of claims of any material men and laborers thereunder.
6. Award of Contract: The award of the contract, if it is awarded, will be to the lowest responsive and responsible bidder whose bid complies with all the requirements prescribed. The lowest bid shall be the lowest base bid price on the base contract and those additive or deductive items that are specifically identified in the bid solicitation as being used for the purpose of determining the lowest bid price. The award, if made, will be made within sixty (60) calendar days after the opening of the proposals. All bids will be compared on the basis of the Engineer estimate of quantities of work to be done.
7. Inspection: Projects financed in whole or in part with State or Federal funds shall be subject to inspection at all times by the City’s Director of Public Works or designee and the Community Services Director or designee (hereafter “Community Services Director”).
8. Removal of Defective and Unauthorized Work: All work which is defective in its construction or deficient in any of the requirements of these specifications, special provisions or plans shall be remedied or removed and replaced by the Contractor in an acceptable manner and no compensation will be allowed for such correction. Any work done beyond the lines and grades shown on the plans or established by the Community Services Director or any extra work done without written authority will be considered as unauthorized and will not be paid for.
9. Order of Community Services Director. Upon failure on the part of the Contractor to comply with any order of the Community Services Director made under these provisions, the Community Services Director shall have the authority to cause defective work to be removed and to deduct the costs thereof from any monies due or to become due to the Contractor.
10. Final Inspection: Whenever the work provided and contemplated by the contract shall have been satisfactorily completed and the final clean up performed, the Community Services Director will make the final inspection at the site.
11. Amount of Bonds: The faithful performance bond shall be in the sum of not less than one hundred percent (100%) of the contract price.
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Packet Pg. 403 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 8 The bond for material men and laborers shall be in an amount equal to not less than one hundred percent (100%) of the contract price. The form of bond required is attached to the form of contract below.
Payment and performance bonds shall be executed by a California-admitted surety insurer with a minimum A. M. Best Company rating of A+, Class VII.
Whenever any surety or sureties on any such bond, or on any bonds required by law for the protection of the claims of laborers and material men, become insufficient or the City Council has cause to believe such surety or sureties have become insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not exceeding that originally required, as is considered necessary, considering the extent of the work remaining to be done. Thereafter, no payment shall be made upon such contract to the contractor or any assignee of the contractor until such further bond or bonds or additional surety has been furnished.
12. Compliance with Laws and Regulations: No proposal for work will be accepted from a contractor who is not licensed in accordance with the law under the provisions of Chapter 9 of Division III, of the Business and Professions Code of the State of California, as amended. The contractor awarded the contract shall also submit the Contractor’s Certification of Qualifications for License Classification contained in these contract documents along with the submission of the executed contract and acceptable sureties.
All bids submitted and all contracts awarded hereunder must be submitted, filed, made and executed in accordance with all applicable laws and regulations of the State of California and of the United States of America which relate to bids and contracts of the nature referred to herein, whether such laws are expressly referred to herein or not.
13. PREVAILING WAGES: In accordance with the provisions of Labor Code §§1770 to 1781, the City Council of the City of El Centro has adopted the latest publication of the General Prevailing Wage Rates entitled, “State of California, Department of Transportation, Equipment Rental Rates and General Prevailing Wage Rates.” Please note that federal prevailing wage requirements also apply.
14. Filing of Bid Protests: By submitting a Bid, each Bidder hereby agrees and understands that the Bidder must comply with these protest procedures and exhaust all administrative remedies set forth herein prior to the initiation of any type of related legal action. The following terms as used in this Section shall have the following meanings:
“Protest” shall mean a written objection by an interested party or affected party to (i) the requirements or specifications contained in the Notice to Bidders or any portion of the documents accompanying that notice; or (ii) a proposed award recommendation protest.
A. Solicitation Phase Protest. The purpose of the solicitation is to obtain competitive Bids from Bidders. Any Bidder who has submitted a bid and who believes that a free and open competition has not taken place or that a particular specification or requirement is impractical, unduly restrictive, or ambiguous may advise the City of its concerns by submitting a detailed Solicitation Protest Statement in accordance with the requirements set forth below in this Section A. The Protest does not replace the requirement to report irregularities in the bid documents.
(1) Contents and Requirements
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Packet Pg. 404 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 9 A solicitation protest must be submitted to the contact named in the bid documents by personal delivery or email by close of business at least fifteen (15) calendar days prior to the Bid due date, and must contain all of the following to be considered:
a) The name, address, and telephone number of the protestor; and b) The Project Name and Project Number; and
c) A detailed statement setting forth the grounds for protest, which shall include all the factual and legal documentation in support of the protest in sufficient detail to establish the merits of the protest; and
d) The desired resolution to the protest.
If the submitted protest does not comply with the requirements set forth herein, then it will not be considered for evaluation and will be returned to the protestor. Any grounds for protest not raised are waived. The protest may not be amended after filing. The protest is a public document.
(2) Evaluation and Determination
No hearing will be held on the protest. City's Community Services Director, or designee, will review the protest and any supporting material and conduct an investigation of the facts. He/she may, but need not, request other Bidders to submit statements or arguments regarding the protest and may discuss the protest with the protestor.
The Community Services Director or designee shall issue a final written decision regarding any solicitation protest to each Bidder prior to Bid opening. The written decision will cite any actions that will or will not be taken in response to the protest. That decision shall be final, and there shall be no further administrative recourse.
B. Protest of Award
(1) Contents and Requirements
Following the opening of the Bids any unsuccessful Bidder, may protest City's proposed award of the Contract by submitting a protest to the Community Services Director or designee no later than close of business on the on the fifth business day. That protest must be submitted in a timely manner, signed by the protesting Bidder, must and contain all of the following to be considered:
a) The name, address and telephone number of the protestor; and b) The Project Name and Project Number; and
c) The City action or recommendation that is being protested; d) A detailed statement setting forth every ground, reason, legal authority and facts in support of the protest, including all documents and evidence including specific references to parts of the bid documents; and
e) A clear statement of the relief request.
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Packet Pg. 405 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 10 A protest does not comply with the requirements set forth herein will be returned to the protestor. The protest shall not be amended after filing. Any grounds for protest not raised are waived. The protest is a public document.
Award Protest Statements are public documents. City will notify the affected parties when a protest has been submitted, and will provide copies of the protest to the affected parties as soon as is reasonably practical.
(2) Evaluation and Determination
The affected parties may file responsive statements in support of or in opposition to the protest within three (3) business days after the receipt of the protest from City. The Community Services Director, or designee, shall review the facts and all submittals relative to the protest and shall issue a written decision setting forth the basis for such decision. The written decision will be issued to the protestor and to all affected parties.
Unless otherwise required by law, no hearing shall be provided. In the event a hearing is conducted, the Community Services Director or designee, shall issue written notice to the protestor and affected parties identifying the date and time for the hearing, along with rules concerning the hearing.
C. Delay in Award
Execution of any proposed contract shall be delayed pending the resolution of the protest unless one or more of the following conditions is present:
1. The items or services being procured are urgently required;
2. Delivery or performance will be unduly delayed by failure to make award promptly; or
3. Failure to make prompt award will otherwise cause undue harm to City.
D. No Limitation on Remedies
Nothing contained herein shall be construed to act as a limitation on City's choice of remedies or confer any right upon any interested party or affected party to a remedy.
E. Basis for Choice of Remedy
In determining the appropriate remedy, the City shall consider all the circumstances surrounding the notice of bids and/or award, including, but not limited to:
1. The seriousness of any deficiency found to exist in the contracting process;
2. The effect of the action on the competitive process;
3. Any urgency surrounding the requirement to enter into a contract; and
4. The effect that implementing the remedy will have on the City.
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Packet Pg. 406 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 11 F. Remedies
If the City determines that the award or proposed award was not made in accordance with applicable statutes, regulations, policies and/or procedures, the City, in its sole discretion, may grant any of the following remedies or any other remedy it deems appropriate:
1. Prior to award, City may issue a new solicitation, make a new selection/award recommendation, or award the contract consistent with applicable statutes, regulations, policies and procedures;
2. In its sole discretion, take no further action; or
3. Take any other action that is permitted by law to promote compliance.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
END OF PROPOSAL REQUIREMENTS
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Packet Pg. 407 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 12 PROPOSAL BID FORM
TO THE CITY OF EL CENTRO:
The undersigned hereby declares that he/she has carefully examined the location of the proposed work that he/she has examined the plans and specifications and read the accompanying instructions to bidders and hereby proposes to furnish all material except owner furnished materials, and labor and do all work required to complete the said work in accordance with said plans and specifications and special provisions for the unit prices set forth in the following schedule. The bidder shall furnish prices for all items shown in the proposal.
ITEM
NO.
APPROXIMATE
QUANTITY
UNIT ITEM W/ UNIT PRICE
(WRITTEN IN WORDS)
PRICE
(NUMBERS ONLY)
TOTAL
(NUMBERS ONLY)
1. 1 LS Mobilization/Bonds
2. 1 LS Demolition
3. 1 LS Field Lighting
4. 1 LS Parking Lot Lighting
5. 1 LS 400A Switch Gear
6. 1 LS Transformer Pad Including
Primary Conduit & Riser
7. 1 LS Profit/Overhead
SWARTHOUT PARK FIELD LIGHTING PROJECT / El Centro, CA
For the total sum of:
Dollars
($ ), hereinafter called Base Bid Price
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Packet Pg. 408 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 13 AWARD BASIS: The contract will be awarded based on the lowest responsive and responsible Base Bid Price as shown on Proposal Bid Form.
1.00 – The undersigned hereby acknowledges the receipt of the following addenda:
None______; No. 1______; No. 2______; No. 3______; No. 4 ______; No. 5______
2.00 – The undersign hereby certifies that this proposal/bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation.
3.00 – The undersigned hereby accepts on the behalf of his firm all provisions and requirements of the contract documents, including but not limited to those related to time of completion and liquidated damages.
4.00 – The undersigned hereby certifies that they are authorized representative of the firm on whose behalf this proposal/bid is submitted and that they are acting at the direction and with the required approval of said firm, which is identified as follows:
Name of firm:
Address of firm:
Telephone
Number:
( ) Fax Number: ( )
Contractor’s License Number: Type:
Signed: Date:
END OF PROPOSAL/BID FORM
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Packet Pg. 409 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 14 BID BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT _____________________________________________, hereinafter called Principal, and _______________________________________, hereinafter called Surety, are jointly and severally held and firmly bound unto the City of El Centro, hereinafter called Owner, in the penal sum of ______________________________ dollars ($________________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal is herewith submitting a bid for the work entitled “Swarthout Park Field Lighting Project.”
NOW, THEREFORE, the condition of this obligation is such that if Principal is awarded a contract for the work, and if Principal within the time specified in the bid enters into, executes and delivers to owner an agreement in the form provided herewith, and if Principal within the time specified in the bid gives to the owner the performance bond and the payment bond on the forms provided herewith, then this obligation shall be void. If, however, Principal shall fail or refuse to furnish, execute and deliver to owner said agreement in the time stated in the bid or should fail or refuse to furnish performance bond and payment bond in the time stated in the bid, then Principal and Surety shall forfeit to Owner the penal sum hereof.
AND, IT IS HEREBY DECLARED AND AGREED that Surety shall be liable under this obligation as Principal, and that nothing of any kind of nature whatsoever that will not discharge, Principal shall operate as a release of liability of Surety.
IN WITNESS WHEREOF, we have hereunto set our hands and sealed this ________day of _______________, 202___.
BY:
BY:
Insurance companies A.M. Best Company identifying number:
END OF BID BOND
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Packet Pg. 410 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 15 PROPOSAL AGREEMENT
The undersigned agrees that this bid may not be withdrawn within a period of ninety (90) days from the opening thereof, and further agrees that in case of default in executing the required contract with necessary bonds with the ten (10) days, not including Sunday, after having received notice that the contract is ready for signature, the proceeds of the check or bond accompanying his/her bid shall become the property of the City of El Centro, California.
The certified or cashier's check, cash deposit or bid bond accompanying this proposal is in the amount of ten percent (10%) or more of the aggregate amount of this bid.
The undersigned is licensed in accordance with the Laws of the State of California.
License Number: Class:
Registration Number:
Company
Business Address
Telephone Number
Fax Number
Signature Bidder Date
END OF PROPOSAL
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Packet Pg. 411 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 16 CITY OF EL CENTRO
CONSTRUCTION SERVICES AGREEMENT
This CONSTRUCTION SERVICES AGREEMENT (“Agreement”), is made and effective , 2023, by and between the City of El Centro, a municipal corporation ("CITY"), and , a California Corporation ("CONTRACTOR"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
I. SCOPE OF WORK
A. CONTRACTOR shall provide all labor, materials, equipment, and services required to perform the Work as indicated in the Construction Plans and incorporated herein by this reference. Furthermore, CONTRACTOR shall perform the Work in accordance with the Payment Schedule outlined in Sections 1-23, 1-24, 1-25 and 1-26 of the General Conditions and incorporated herein by this reference.
B. All services and equipment shall be provided at the times and places designated by the CITY.
C. All days set out here are calendar days unless otherwise specified.
II. TIME FOR PROJECT COMPLETION
All of CONTRACTOR’s work on the Project shall commence within ten (10) calendar days after receiving a written Notice to Proceed from the CITY. The Project shall be completed within 120 consecutive calendar days unless earlier terminated or extended as provided in Article 12.
III. THE CONTRACT SUM
Notwithstanding any provisions of this Agreement to the contrary, CITY and CONTRACTOR mutually agree that CITY's maximum cumulative payment obligation hereunder (including, but not limited to obligation for CONTRACTOR's costs and profit), shall be dollars ($ ) for the Scope of Work which shall include
all amounts payable to CONTRACTOR for its labor, subcontracts, leases, materials, equipment, the deliverables, and costs arising from CONTRACTOR’s performance of this Agreement.
CONTRACTOR exceeds the maximum cumulative amount at its own risk and expense IV. PROGRESS PAYMENTS
A. For CONTRACTOR's full and complete performance of its obligations under this Agreement, and subject to the maximum cumulative payment obligation provisions set forth in Article 6 below, CITY shall pay CONTRACTOR in accordance with Sections 1-23, 1-24, 1-25 and 1-26 of the General Conditions.
B. CONTRACTOR shall submit invoices monthly during the term of this Agreement, based on the cost for services performed prior to the Invoice date. Invoices shall contain the following:
• Serial identification of progress bills: i.e., Progress Bill No. 1 for the first invoice, etc. • The beginning and ending dates of the billing period
• A task summary containing the original contract amount, the amount of prior billings, the total due the current period, the balance available under the Agreement and the percentage of completion
• At CITY’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours
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Packet Pg. 412 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 17 spent by each person, and/ or a brief description of the work • The CONTRACTOR’s signature
C. Monthly Payment CITY shall make payments based on invoices received for services satisfactorily performed and may retain 5% of such amount. Notwithstanding, Public Contract Code Section 22300 permits the substitution of securities for any monies withheld by a public Agency to ensure performance under a contract, at the request and expense of the CONTRACTOR until completion of the term of the contract.
D. Final Payment CITY shall pay the last 5% of the total sum due pursuant to this Agreement within thirty -five (35) days after acceptance of all satisfactory work under this Agreement (which may be indicated by a Notice of Completion) or as otherwise agreed with the Contractor.
E. Contractor Claims Any Contractor claims under this Agreement are subject to the provisions of Public Contract Code Section 9204, attached and incorporated here as Exhibit “A”.
V. INDEMNITY, DEFENSE AND HOLD HARMLESS AGREEMENT
CONTRACTOR shall indemnify, defend with legal counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the CITY. Should conflict of interest principles preclude a single legal counsel from representing both CITY and CONTRACTOR, or should CITY otherwise find CONTRACTOR’s legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable legal counsels’ fees, expert fees and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
CONTRACTOR obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this agreement, CONTRACTOR shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of CITY.
VI. PREVAILING WAGES
In accordance with the provisions of Labor Code §§1770 to 1781 as duly enacted by the State of California, the City Council has ascertained the general prevailing rate of wages applicable to the work to be done as those shown in the specifications of the work. Information on the current state prevailing wages can be obtained by contacting the State of California, Department of Industrial
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Packet Pg. 413 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 18 Relations, Division of Labor Statistics and Research, 45 Fremont Street, Suite 1160, San Francisco, California, 94105, (415) 972-8628 or from the California Department of Industrial Relations’ internet website at http://www.dir.ca.gov.
California wage rates for this Project shall be in accordance with the “General Wage Determination Made by the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1", for Riverside County. Wage rates shall conform to those posted at the CITY offices and the Project site. Statutory provisions for penalties for failure to pay prevailing wages or to comply with State wage and hour laws will be enforced.
The following Labor Code sections are hereby referenced and made a part of this Agreement:
1. Section 1773.8 - Travel and Subsistence Pay
2. Section 1774 - Prevailing Wage Requirement
3. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates
4. Section 1776 - Payroll Records (as applicable)
5. Section 1777.4 - Apprenticeship Requirements
6. Section 1777.5 - Apprenticeship Requirements
7. Sections 1810 and 1811 - Working Hour Restrictions
8. Section 1813 - Penalty for Failure to Pay Overtime
9. Section 1815 – Overtime Rate Requirement
VII. RECORD AUDIT
Under California Government Code, Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars ($10,000), any records or documents of both the CITY and the CONTRACTOR shall be subject to examination, audit, and/or copying at any time during regular business hours by the Auditor General for a period of three (3) years after final payment, upon oral or written request of the CITY.
VIII. CERTIFICATIONS
At the time of commencing work and throughout the Project duration, CONTRACTOR shall be in possession of a valid California State Contractor’s License with the following classifications: [Class License]
Furthermore, CONTRACTOR shall ensure that any subcontractor working on the Project possesses at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing.
If CONTRACTOR is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and in good standing in the State of California, and that whose title is , is authorized to act for and bind the corporation.
IX. BONDING REQUIREMENTS
CONTRACTOR shall deliver to the CITY two fully executed, identical counterparts of the Performance Bond and Payment (Labor and Materials) Bond. Each bond shall be for one hundred percent (100%) of the Contract Price. The surety insurer shall be admitted to transact surety business in the State of California, in accordance with Code of Civil
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Packet Pg. 414 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 19 Procedure section 995.120. Personal sureties and unregistered surety companies are unacceptable. Failure to furnish a bond within the time requirements may result in the forfeiture of the Bid Guarantee at the sole discretion of City.
X. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF PROJECT In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if the CONTRACTOR for a period of three (3) calendar days after receipt of written demand from CITY or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within said three (3) calendar days, fails to continue to do so; then the CITY may exclude the CITY from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the CITY to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the CITY, shall be a charge against the CONTRACTOR, and may be deducted from any money due or becoming due to CONTRACTOR from the CITY, or the CONTRACTOR shall pay the CITY the amount of said charge, or the portion thereof unsatisfied. The sureties, provided for under this Agreement shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by the CITY.
XI. INSURANCE
Prior to the beginning of and throughout the duration of the Work, CONTRACTOR and its subcontractors shall maintain insurance in conformance with the requirements set forth below.
CONTRACTOR will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.
CONTRACTOR shall not allow any subcontractor to commence work on any subcontract until CONTRACTOR has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to DISRICT. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. All insurance coverage and limits provided by CONTRACTOR and available or applicable under this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement limits the application of such insurance coverage.
CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to CONTRACTOR or its subcontractors in excess of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to CITY.
A. CONTRACTOR shall provide the following types and amounts of insurance:
Without limiting CONTRACTOR’s indemnification of CITY, and prior to commencement of Work, CONTRACTOR shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to CITY.
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Packet Pg. 415 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 20 General liability insurance CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
Automobile liability insurance CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
Workers’ compensation insurance CONTRACTOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.
CONTRACTOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.
Put the provisions for Umbrella Coverage back into your sample; they are used on a case by case basis depending on the size of the job:
Umbrella or excess liability insurance. Contractor shall obtain and maintain an umbrella or excess liability insurance policy that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• _A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • _ Pay on behalf of wording as opposed to reimbursement; • _ Concurrency of effective dates with primary policies; and_ _ • Policies shall follow form to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
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Packet Pg. 416 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 21 The named insureds shall be CONTRACTOR and CITY, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may appear. CONTRACTOR shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to CITY. The policy shall contain a provision that all proceeds from the builder’s risk policy shall be made payable to the CITY. The CITY will act as a fiduciary for all other interests in the Project.
Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to CITY to ensure adequacy of terms and sublimits and shall be submitted to the CITY prior to commencement of construction.
Other provisions or requirements
a. Proof of insurance CONTRACTOR shall provide endorsed certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by CITY’s risk manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.
b. Duration of coverage CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONTRACTOR, his agents, representatives, employees or subcontractors. CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies. c. Primary/noncontributing Coverage provided by CONTRACTOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY before the CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.
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Packet Pg. 417 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 22 d. CITY’s rights of enforcement In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may cancel this Agreement.
e. Acceptable insurers All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the CITY’s risk manager.
f. Waiver of subrogation All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its sub consultants.
g. Enforcement of contract provisions (non estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.
h. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. i. Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
j. Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
k. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing. l. Separation of insureds. A severability of interests provision must apply for all additional
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Packet Pg. 418 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 23 insureds ensuring that CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. m. Pass through clause. CONTRACTOR agrees to ensure that its sub consultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by CONTRACTOR, provide the same minimum insurance coverage and endorsements required of CONTRACTOR. CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. CONTRACTOR agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to CITY for review.
n. CITY’s right to revise requirements. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONTRACTOR a ninety (90) day advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the CITY and CONTRACTOR may renegotiate CONTRACTOR’s compensation.
o. Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.
p. Timely notice of claims. CONTRACTOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
q. Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.
r. Claims-made limitations. The following provisions shall apply if any of the required policies are written on a claims-made basis:
i. The retroactive Date of the policy must be shown and must be before the date of the Agreement or the beginning of the contracted work.
ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work. iii. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a Retroactive Date that precedes the date of this Agreement, CONSULTANT must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work. The CITY shall have the right to exercise, at the CONSULTANT'S sole cost and expense, any extended reporting provisions of the policy, if the CONSULTANT cancels or does not renew the coverage. iv. A copy of the claim reporting requirements must be submitted to the CITY prior to the commencement of any work under this Agreement.
XII. REGISTRATION REQUIREMENTS
Pursuant to Section 1771.1(a) of the Labor Code, CONTRACTOR must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to
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Packet Pg. 419 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 24 work on public works projects. CONTRACTOR must ensure registration with the DIR that is active and in good standing.
No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
XIII. PROVISIONS REQUIRED BY LAW
Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party the Agreement shall forthwith be physically amended to make such insertion or correction. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.
Clayton and Cartwright Acts: The CONTRACTOR and any and all subcontractors offer and agree to assign to the CITY all rights, title and interest in and to all causes of action they may have under Section 4 of the Clayton Act (15 USC Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Profession Code) arising from purchases of goods, services or materials pursuant to the public works contract or any subcontract.
Trenching: For any jobs involving trenching more than four (4) feet deep, the CONTRACTOR shall notify the CITY of hazardous materials, subsurface or latent physical site conditions different from those indicated in information about the site made available to bidders, as well as unusual site conditions and the CITY shall investigate those as required by Public Contracts Code Section 7104
XIV. SUBSURFACE HAZARDOUS MATERIALS
A. In the event trenches or other excavations extend deeper than four (4) feet below the surface, the CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the CITY in writing of any:
1. Material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II or Class III disposal site in accordance with the provisions of existing law.
2. Subsurface or latent physical conditions at the site differing from those indicated.
3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Work or the character provided for in the CONTRACT.
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Packet Pg. 420 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 25 B. Upon receipt of said notification the CITY will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the CONTRACTOR's cost of or the time required for performance of any part of the work, the CITY will issue a change order under the procedures described in the General Conditions.
C. In the event that a dispute arises between the CITY and the CONTRACTOR whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in the CONTRACTOR's cost of or time required for performance of any part of the work, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. The CONTRACTOR shall retain any and all rights provided either by Agreement or by law that pertain to the resolution of disputes and protests between the contracting parties XV. LIQUIDATED DAMAGES
Pursuant to Government Code Section 53069.85, if work is not completed within the contract time or in strict accordance with the Project Schedule, it is understood, acknowledged and agreed that the CITY will suffer damage. It is therefore agreed that the CONTRACTOR shall pay to the CITY the sum of Five Hundred Dollars ($500.00) for each and every calendar day of delay beyond the Contract Time, or beyond any completion schedule, construction schedule or Project milestones established in or pursuant to the Project Schedule, or beyond the time indicated in the Project Schedule for any individual Contract activity.
CONTRACTOR expressly understands, acknowledges and agrees that such liquidated damages can and shall be imposed if the CONTRACTOR does not meet each and every aspect of any activity schedule, completion schedule, construction schedule or Project milestones established in or pursuant to the Project Schedule. If the CITY accepts work or makes any payment under this Agreement after a default by reason of delays, the acceptance of such work and/or payment(s) shall in no respect constitute a waiver or modification of any provisions regarding Contract Time, a completion schedule, the Project Schedule or the accrual of liquidated damages. In the event the same is not paid, the CONTRACTOR further agrees that the CITY may deduct the amount thereof from any money due or that may become due the CONTRACTOR under the Agreement. This Article does not exclude recovery of damages under provisions of the Contract Documents, and is expressly in addition to the CITY’s ability to seek other damages.
XVI. COMPONENT PARTS OF THE CONTRACT
A. The complete Agreement shall consist of the following component parts, to-wit: This Agreement; Amendments or Change Orders, if any; Addenda, if any; the solicitation and the accepted CONTRACTOR’s bid proposal, dated , including all required attached documents; each of the component parts of the "SWARTHOUT PARK FIELD LIGHTING PROJECT”, dated ; and any and all attachments to this Agreement.
This instrument and the other documents mentioned above in this Article 1 constitute the complete and exclusive statement of the term(s) and condition(s) of the Agreement between CITY and CONTRACTOR and it supersedes all prior representations, understandings, and communications. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other term(s) or condition(s).
B. In the event of any discrepancy between or among the portions of the Agreement
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Packet Pg. 421 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 26 Documents, the following shall take precedence: (a) Change Orders/ Amendments/ Modifications; (b) this Agreement; (c) the accepted CONTRACTOR’s bid/proposal; (d) Addenda, if any; and (e) the solicitation, dated __________, 2023.
C. CITY's failure to insist in any one or more instances upon CONTRACTOR's performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of CITY's right to such performance or to future performance of such term(s) or condition(s) and CONTRACTOR's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon CITY except when specifically authorized by signed written amendment to this Agreement issued in accordance with the provisions of this Agreement.
D. All days set out here shall be calendar days unless otherwise specified.
XVII. ENTIRE CONTRACT
This Contract constitutes the entire contract of the parties. No other Contracts or contracts, whether oral or written, pertaining to the work to be performed, exist between the parties.
This Contract can be modified only by an amendment in writing, signed by both parties.
No waiver of any term or condition of this Agreement shall be a continued waiver thereof.
CONTRACTOR CITY
City of El Centro
By: ____________________________ By: ____________________________ Title: __________________________ Title: __________________________ Date: __________________________ Date: __________________________ ATTACHMENTS:
Non-collusion Affidavit Labor and Materials Bond
Faithful Performance Bond
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Packet Pg. 422 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 27 FAITHFUL PERFORMANCE BOND
Whereas, CITY OF EL CENTRO, State of California, and ____________ (hereinafter designated as “Principal”) have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated ____, 2023, and identified as project ____, is hereby referred to and made a part hereof; and Whereas, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.
Now, therefore, we, the Principal and ____, as surety, are held and firmly bound unto the CITY OF EL CENTRO (hereinafter called (“City”), in the penal sum of _________________ dollars ($____) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above-bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless CITY OF EL CENTRO, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on ____, 2023.
_______________________________
Principal
By: ____________________________
_______________________________
Surety
By: ____________________________
Its Attorney-in-Fact
END OF FAITHFUL PERFORMANCE BOND
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Packet Pg. 423 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 28 LABOR AND MATERIALS BOND
Whereas, the CITY OF EL CENTRO, State of California, and ____ (hereinafter designated as “the Principal”) have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, dated ____, 2023, and identified as project ____, is hereby referred to and made a part hereof; and Whereas, under the terms of the agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of El Centro to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
Now, therefore, the Principal and the undersigned as corporate surety and admitted surety insurer, are held firmly bound unto the City of El Centro (“City”) and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of __________ dollars ($____), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on ____, 2023.
_______________________________ _____________________________ Principal Surety
By: ____________________________ By: __________________________ Its Attorney-in-Fact
END OF LABOR AND MATERIALS BOND
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Packet Pg. 424 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 29 WORKERS’ COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by Labor Code §§1860 and 1861:
I am aware of the provisions of section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the work of this contract.
_____________________________ ____________________________ Date Contractor’s Name
____________________________
Contractor’s Signature
____________________________
Title
ATTEST:
By _____________________________
Signature
_____________________________
Title
END OF WORKERS’ COMPENSATION INSURANCE CERTIFICATE
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Packet Pg. 425 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 30 DRUG/ALCOHOL TESTING REQUIREMENTS
The Contractor shall execute the following form as required by the Federal Drug and Alcohol, section 49 CFR Part 382.
I agree to comply with the provisions of Federal Omnibus Transportation Employee Testing Act of 1991, and that I will administer a program of alcohol and drug testing of all commercial vehicle operators, as required by Federal Regulations.
Contractor certifies compliance with the City of El Centro’s Drug and Alcohol Free Workplace Policy as a condition of the State Drug-Free Workplace Act of 1990 (Government Code section 8350 et seq.) and the Federal Drug Free Workplace Act of 1988 (41 U.S.C.A. section 701 et seq.) In addition, Contractor agrees to submit a copy of its own drug free workplace policy.
Dated_____________________________ __________________________________ Contractor’s Name
__________________________________
Contractor’s Signature
__________________________________
Title
END OF DRUG/ALCOHOL TESTING REQUIREMENTS
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Packet Pg. 426 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 31 SUBCONTRACTORS LISTING
The Bidder shall list below the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent (.005%) of the prime contractor’s total bid. The Bidder shall also list below the portion of the work which will be done by each subcontractor under this Contract. The prime contractor shall list only one subcontractor for each portion of the WORK.
If the Bidder does NOT intend to use ANY subcontractors, then state “NONE” in the first block.
The Bidder’s attention is directed to the provisions of the section entitled “Subcontract Limitations” of the Supplementary General Conditions, which stipulates the percent of the WORK to be performed with the Bidders’ own forces. Failure to comply with this requirement will render the Bid non-responsive and may cause its rejection.
PORTION OF WORK
NAME
PLACE OF BUSINESS
ADDRESS/TELEPHONE NO.
STATE CONTRACTOR’S
LICENSE AND
DIR REGISTRATION NO.
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Packet Pg. 427 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 32 END OF SUBCONTRACTORS LISTING
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Packet Pg. 428 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 33 NON-COLLUSION DECLARATION FOR CORPORATION
The undersigned declares:
I am the of , the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham.
The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true.
The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on [date], at [city], [state].”
END OF NONCOLLUSION DECLARATION FOR CORPORATION
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Packet Pg. 429 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 34 CORPORATE CERTIFICATION OR PARTNERSHIP INFORMATION
Name of Corporation or Partnership
_________________________________________________
State of Incorporation
_____________________________________________________________ List names and addresses of each partner, or titles, names and business addresses of President, Secretary and Treasurer.
____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Date_____________________________ Contractor____________________________ Signature_________________________ Title________________________________ ATTEST:
________________________________________
Signature by
________________________________________
Title
END OF CORPORATE CERTIFICATION
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Packet Pg. 430 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 35 CONTRACTOR’S CERTIFICATION OF QUALIFICATION
FOR LICENSE CLASSIFICATION
After award of the contract, the Contractor, whether an individual, co-partnership, limited partnership, corporation, or any other combination or organization, shall execute the following form:
1. If an individual, I hereby certify that I am, or my responsible managing employee ________________________ (insert name) is, qualified for the license classification called for in these contract documents.
2. If a co-partnership or limited partnership, the general partner hereby certifies that the general partner _______________________________ (insert name), or responsible managing employee __________________________________ (insert name), is qualified for the license classification called for in these contract documents.
3. If a corporation, or any other combination or organization, the responsible managing officer _______________________________ (insert name), or a responsible managing employee ________________________________ (insert name), is qualified for the license classification called for in these contract documents.
If the individual who qualifies the Contractor for the license classification called for in these contract documents changes during the progress of the work, then Contractor shall, within seven (7) days of any such change, notify the Director of Public Works in writing of such change, including the name, license number and status of the individual.
For the purpose of this Certification, a responsible managing employee shall mean an individual who is a bona fide employee of the Contractor and is actively engaged in the classification of work for which that individual is the qualifying person on behalf of the Contractor under California law.
DATED:____________________ CONTRACTOR:___________________________________ SIGNATURE:_____________________________ TITLE:______________________________ ATTEST:
SIGNATURE BY:___________________________________________ TITLE:____________________________________________________
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Packet Pg. 431 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 36 GENERAL CONDITIONS
1-01 DEFINITIONS.
a) The word “City” shall mean the City of El Centro, California. b) The term “City Council” shall mean the City Council of the City of El Centro. c) The word “Contractor” shall mean the party entering into the contract with the City for the performance of work required by these specifications, and legal representatives of said party, or agent appointed to act for said party in the performance of the work. Said party is referred to throughout the contract documents as if of the singular number and the masculine gender.
d) The term “Days” shall mean calendar days unless otherwise specifically provided. e) The term “Director of Community Services” shall mean the City of El Centro Community Services Director, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. f) The word GREENBOOK shall mean the Standard Specifications for Public Works Construction contained in the latest Edition, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California. Copies of these Standard Specifications are available from the publisher, Building News, Incorporated, 990 Park Center Drive, Suite E, Vista, CA 92081 (760) 734- 1113.
1-02 CONTRACT DOCUMENTS
The Notice of Inviting Bids, the Instructions to Bidders, the Proposal, the Specifications, and the Drawings, together with the Agreement and all documents referenced there, constitute the Contract. These Contract documents are complimentary, and what is called for in any one (1) shall be as binding as if called for in all. The intention of the documents is to require a complete and finished piece of work. The Contractor at its sole cost and expense shall perform all labor and services and shall furnish all materials, tools, equipment, and facilities necessary for the proper execution of the work, with the exception of such items as are definitely set forth in the specifications or the drawings to be furnished by the City. Anything shown in the drawings and not in the specifications or in the specifications and not in the drawings shall be performed by the Contractor as though shown in both the drawings and the specifications. 1-03 AUTHORITY OF THE COMMUNITY SERVICES DIRECTOR
The Community Services Director shall give all orders and directions contemplated under the contract; shall determine the adequacy of the Contractor’s methods, plans, and appurtenances; shall determine in all cases the amount, quality, acceptability, and fitness of the several kinds of work and materials which are to be paid for; shall determine all questions in relation to said work and the construction thereof; and shall decide in all cases every question, which may arise relative to the fulfillment of this contract on the part of the Contractor. Should any discrepancy appear or any misunderstandings arise as to the import of anything contained in the specifications or drawings, the matter shall be referred to the Community Services Director, who shall decide the same in accordance with the true intent and meaning as construed by him, and his decision shall
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Packet Pg. 432 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 37 be binding on the Contractor. Any differences or conflicts which may arise between the Contractor and other contractors of the City in regard to their work shall be adjusted and determined by the Community Services Director.
1-04 ACCESS TO WORK
The Community Services Director, her assistants, inspectors, agents, and other employees shall at all times and for any purposes have access to the work and the premises used by the Contractor, and the Contractor shall provide safe and proper facilities therefor. 1-05 LINES AND GRADES
All distances and measurements are given and will be made in horizontal plane. Grades are given from the top stakes, or nails, unless otherwise noted on the plans.
Three consecutive points shown in the same rate of slope must be used in common, in order to detect any variation from a straight grade, and in case any such discrepancy exists, it must be reported to the Community Services Director. If such a discrepancy is not reported to the Community Services Director, the Contractor shall be responsible for any error in the finished work.
Services Assistance Notice: The Contractor shall give at least twenty-four (24) hours’ notice in writing when he will require the services of the Community Services Director for laying out any portion of the work. The Contractor shall furnish the Community Services Director such facilities and labor necessary for marking and maintaining points and lines as he may require. Labor furnished by the Contractor for such purposes will be paid for as extra work.
The Contractor will preserve all stakes and points set for lines, grades or measurements of the work in their proper places until authorized to remove them by the Community Services Director.
All expenses incurred in replacing stakes that have been removed without proper authority shall be paid by the Contractor.
1-06 LEGAL ADDRESS OF CONTRACTOR
The address given in the Contractor’s proposal on which the contract is founded is hereby designated as the place to which all notices, letters, and other communications to the Contractor shall be mailed or delivered. The mailing to or delivering at the above-named place of any notice, letters, or other communication to the Contractor shall be deemed sufficient service thereof upon the Contractor. The date of said service shall be the date of such mailing or delivery. Such address may be changed at any time by a written notice signed by the Contractor and delivered to the Community Services Director.
1-07 CONTRACTOR'S RESPONSIBILITIES
(a) The Contractor shall be responsible for safe, efficient, and adequate methods and equipment during the progress of the work so as to secure the safety of the workers, the quality of work required and the required rate of progress. (b) The Contractor shall bear all losses resulting to him on account of the amount of character of the work, or from any unforeseen obstructions or difficulties, which may be encountered, on account of the weather, floods, or other causes.
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Packet Pg. 433 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 38 (c) The Contractor shall assume the defense of and indemnify and save harmless the City and its officers and agents from all claims of any kind arising from his own negligence or that of his agents in the performance of the contract.
(d) The Contractor shall be responsible for any materials furnished him and for the care of all work until its completion and final acceptance, and he shall at his own expense replace damaged or lost material and repair damaged parts of the work, or the same may be done at his expense by the City.
(e) During the progress of the work the Contractor shall keep the premises occupied by him in a neat and clean condition, and free from any unsightly accumulation of rubbish, unused material, concrete forms, and other equipment and materials belonging to him or used under his direction during construction, and in the event of his failure to do so, the same may be removed by the City at the expense of the Contractor. (f) Traffic Control. The Contractor shall be responsible for maintaining traffic control at all times under the guidelines of the California Manual on Uniform Traffic Control Devices (“California MUTCD”). Contractor shall submit two (2) traffic control plans in a minimum of two (2) business weeks for pre-approval by the Director of Public Works before starting construction work.
1-08 CONTRACTOR TO FURNISH INFORMATION
(a) Before proceeding with the erection of the construction plant, and other temporary structures, the Contractor shall furnish the Community Services Director with information and drawings of all such structures as may be required. (b) Drawings and prints in such detail as may be required, or articles, machinery, or fabricated materials entering into permanent construction which are by these specifications required to be furnished by the Contractor and of which detailed drawings are not furnished by the City shall be submitted by the Contractor for approval and shall become the property of the City. Such approval shall not, however, operate to waive or modify any provision or requirement contained in these specifications.
1-09 EXAMINATION OF WORK
Bidders must examine the location, physical conditions and surrounding of the proposed work and judge for themselves the nature of the excavations to be made and the work to be done.
The Contract documents for the work show conditions as they are supposed or believed by the Engineer to exist, but it is not intended or to be inferred that the conditions as shown therein constitute a representation or warranty, express or implied, by the City or any of it officers or employees, that such conditions are actually existent, nor shall the Contractor be relieved of the liability under his contract, nor shall the City or any of its officers or employees be liable for any loss sustained by the Contractor as a result of any variance between conditions shown in the Contract Documents and the actual conditions revealed during the progress of the work or otherwise.
1-10 PLANS AND DRAWINGS
All authorized alterations affecting the requirements and information given on the approved plans shall be in writing. No changes shall be made of any plan or drawing after the same has been
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Packet Pg. 434 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 39 approved by the Community Services Director, accept by direction of the Community Services Director.
Deviations from the approved plans, as may be required by the exigencies of construction, will be determined in all cases by the Community Services Director and authorized in writing.
Working drawings or plans for any structure not included in the plans furnished by the Community Services Director shall be approved by the Community Services Director before any work involving these plans shall be performed, unless approval is waived in writing by the Community Services Director.
It is mutually agreed, however, that approval by the Community Services Director of the Contractor’s working plans does not relieve the Contractor of any responsibility for accuracy of dimensions and details, and that the Contractor shall conform to the approved plans and specifications.
1-11 PERSONAL ATTENTION
The Contractor shall give its personal attention constantly to the faithful prosecution of the work, and shall be present, either in person or by a duly authorized and competent representative, on the site of the work, continually during its progress, to receive directions or instructions from the Community Services Director. Whenever the Contractor is not present on any part of the work where it may be desired to give directions, orders may be given by the Community Services Director, and shall be received and obeyed by the superintendent or foreman who may have charge of the particular part of the work in reference to which orders are given. 1-12 CONTRACTOR CLAIMS
Any claim by the Contractor regarding this Contract is subject to the provisions of Public Contract Code Section 9204 attached and incorporated as Exhibit “D”. 1-13 RIGHT-OF-WAY
The right-of-way for the work to be constructed will be provided by the City. The Contractor shall make his own arrangements and pay all expenses for additional area required by him outside of the limits of the right-of-way, unless otherwise provided in the special conditions. 1-14 TIME AND ORDER OF WORK
(a) The Contractor shall at all times employ such force, plant, materials and tools as will be sufficient, in the opinion of the Community Services Director, to complete the work or any separable portions thereof in accordance with a progress schedule and within the time limit fixed by the contract. If the Contractor should fail to employ sufficient force, plant, materials and tools or to maintain adequate progress he may, after such failure, be required to increase his progress at any point or points or to modify his plans and procedures in such manners and to such extent as the Community Services Director may direct, any extension of such shall not relieve the Contractor from the necessity of maintaining the required progress. In case of an extension by the Community Services Director of the time for the completion of the contract, as hereinafter provided a revised schedule of progress may be prescribed in accordance with such extension of time. (b) The time in which the various portions and the whole of the contract are to be performed and the work is to be completed is of the essence of the contract.
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Packet Pg. 435 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 40 1-15 ASSIGNMENT FORBIDDEN
The Contractor shall not assign, transfer, convey, or otherwise dispose of this contract, or of his right, title or interest in or to the same or any part thereof, without the previous consent in writing of the Community Services Director and he shall not assign, by power of attorney or otherwise, any of the monies to become due and payable under the contract unless by and with the like consent signified in like manner. If the Contractor shall, without such previous written consent, assign, transfer, convey or otherwise dispose of the contract or of his right, title or interest therein, or of any of the monies to become due under the contract, to any other person, company or other corporation, the contract may at the option of the City be terminated and revoked, and the City shall thereupon be relieved and discharged from any and all liability and obligations growing out of the same to the Contractor, and to his assignee or transferee.
No right under the contract, nor any right to any money to become due hereunder, shall be asserted against the City in law or equity by reason of any so-called assignment of the contract, or any part thereof, or by reason of the assignment of any monies to become due hereunder, unless authorized as aforesaid by the written consent of the Community Services Director. 1-16 SUBLETTING
The Contractor shall give his personal attention of the fulfillment of the contract and shall keep the work under his control. Subcontractors will not be recognized as such, and all persons engaged in the work of construction will be considered as employees of the Contractor, and their work shall be subject to the provisions of the contract and specifications. Where a portion of the work sublet by the Contractor is not being prosecuted in a manner satisfactory to the Community Services Director, the subcontractor shall be removed immediately on the recommendation of the Community Services Director and shall not again be employed on the work. 1-17 SUSPENSION OF CONTRACT
(a) If the work to be done under the contract shall be abandoned by the Contractor, or if the Contractor shall make a general assignment for the benefit of his creditors or be adjudicated a bankrupt, or if a receiver of his property or business is appointed by a court of competent jurisdiction, or if this contract shall be assigned by him otherwise than hereinbefore specified, or if at any time the Community Services Director shall be of the opinion that the performance of the contract is unnecessarily or unreasonably delayed, or that the Contractor is willfully violating any of the conditions or covenants of the contract, or of the specifications, or is executing the same in bad faith or not in the time named in the contract for its completion, or within the time to which the completion of the contract may have been extended as hereinbefore provided, the Community Services Director, acting on behalf of the City, may, by written notice, instruct the Contractor to discontinue all work or any part thereof under this contract.
(b) When such written notice is served upon the Contractor as provided in section 1-06, he shall immediately discontinue the work or such part thereof as is covered by the notice and shall not resume the same except by written instructions from the Director of Public Works. In any such case, the City may take charge of the work and complete it by a new contract or by force account. In so doing, the City may take possession of and use any of the materials, plant, tools, equipment, supplies and property of every kind provided by the Contractor for the purposes of his work. The City may procure other materials and provide labor for the completion of same, or contract therefore and charge the expense of completion by either method to the Contractor. These charges shall be deducted from
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Packet Pg. 436 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 41 such monies as may be due or may at any time hereafter become due the Contractor under and by virtue of this contract or any part thereof. In case such expense shall exceed the amount which would have been due the Contractor under the contract if the same had been completed by him, he shall pay the amount of such excess to the City; and in case such expense shall be less than the amount which would have been payable under this contract if the same had been completed by the Contractor, he shall have no claim to the difference except to such extent as may be necessary, in the opinion of the Community Services Director, to reimburse the Contractor or the Contractor's sureties for any expense, properly incurred for plant, equipment, materials, supplies and labor devoted to the prosecution of the work of which the City shall have received the benefit and which shall not have been otherwise paid for by the City. In computing such expense so far as it shall be deducted from the depreciated value thereof at the time taken over by the City and the difference shall be considered as an expense. Evidence of such expense satisfactory to the Community Services Director, shall be required, and all necessary estimates and appraisements shall be made by him.
When any particular part of the work is being carried on for the City by contract or otherwise, under the provisions of this section, the Contractor shall continue the remainder of the work in conformity with the terms of his contract, and in such manner as in nowise to hinder or interfere with the persons or workers employed, as above provided, by the City, by contract or otherwise to do any part of the work or to complete the same under the provisions of this section.
1-18 SUSPENSION OF WORK – EXTENSION OF TIME - NO EXTRA COMPENSATION (a) The Community Services Director shall have the authority to suspend the work wholly or in part, for such period as she may deem necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the work or for such time as she may deem necessary due to the failure on the part of the Contractor to carry out orders given or to perform any provisions of the work. The Contractor shall immediately obey such order of the Community Services Director. (b) Applications for extension of time must be made promptly in writing, stating cause. No delay shall be made the basis in any application for extension of time, unless such delay and the cause thereof shall have been called to the attention of the Community Services Director in writing within the ten (10) days from the beginning of such delay. Applications for extension of time shall be addressed to the Community Services Director. (c) Permitting the Contractor to continue and finish the work, or any part of it, after the date to which the time fixed for its completion may have been extended, shall in nowise operate as a waiver on the part of the City or any of its rights under this contract. (d) The Contractor shall receive no compensation on account of any suspension of the work either in whole or in part or for any delay or hindrance herein mentioned except as provided in the Detail Specifications or as otherwise required by law. 1-19 FAILURE TO COMPLETE ON TIME AND LIQUIDATED DAMAGES (a) The Contractor shall pay for each and every day, including Sundays and legal holidays that they shall be in default in completing the whole work to be done under this contract, the sum named in the Special Provisions, which sum is by the execution of the Agreement mutually agreed upon as liquidated damages which the City will suffer by reason of such
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Packet Pg. 437 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 42 default. The City shall have the right to deduct the amount of such damages from any monies due or to become due the Contractor under this contract. (b) It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the time specified, the City Council shall have the right to extend the time for completion or not, as may seem best to serve the interest of the City; and if it decides to extend the time limit for the completion of the contract, it shall further have the right to charge to the Contractor, his heirs, assigns or sureties and to deduct from the final payment for the work, all or any part, as it may deem proper of the actual cost of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such extension, except that the cost of final surveys and preparation of final estimate shall not be included in such charges.
(c) The Contractor shall not be assessed with liquidated damages nor the cost of engineering and inspection during any delay in the completion of the work caused by the acts of God or of the public enemy, acts of the City, fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather or delays of subcontractors due to such causes; provided, that the Contractor shall within ten (10) days from the beginning of any such delay notify the Community Services Director in writing of the causes of delay, who shall ascertain the facts and the extent of delay, and his findings of the facts thereon shall be final and conclusive.
1-20 CHANGES
(a) If either the Community Services Director or the Contractor on account of conditions which develop during the progress of the work finds it impracticable to comply strictly with these specifications, the Community Services Director may prescribe a modification of requirements of methods of work. For such purposes, the Community Services Director may at any time during the life of the contract, by written order make such changes as he shall find necessary in the design, line, grade, form, location, dimensions, plan or material of any part of the work or equipment hereinafter specified, or in the quantity or character of the work or equipment to be furnished. If such changes increase or diminish the quantity or amount of work to be done, they shall not constitute the basis for a claim for damages or anticipated profits on the work that may be dispensed with; provided, that if such changes or alterations render useless, any work already done or materials already furnished or used in the work, the Community Services Director shall make reasonable allowance therefore, which action shall be binding upon both parties. (b) In the event of increasing or decreasing of work, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit price established for such work under the contract, wherever such unit price has been established. In the event no prices are named in the contract to cover such changes or alteration, the cost of such changes shall be covered as hereinafter provided for extra work.
(c) The City reserves the right to increase or decrease the quantity of any item or portion of work or to omit portions of the work as may be deemed necessary or expedient by the Community Services Director.
1-21 EXTRA WORK
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Packet Pg. 438 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 43 (a) If during the performance of the contract, it shall, in the opinion of the Community Services Director, become necessary or desirable for proper completion of the contract to order work done or materials or equipment furnished which in the opinion of the Community Services Director are not susceptible of classification under the bid items, the Contractor shall do and perform such work and furnish such materials and equipment as extra work, as hereinafter provided. All extra work shall be ordered in writing before it is started. No extra work shall be paid for unless ordered in writing. (b) Extra work will ordinarily be paid for at a lump sum or unit price agreed upon in writing by the Community Services Director and the Contractor before the extra work shall be ordered.
(c) Whenever in the judgment of the Community Services Director extra work or extra material, as the case may be, is not of like character to and is not susceptible of classification under the bid items of the contract as specified, and it is impracticable because of the nature of the work, or for any other reason to fix the price before the extra work order shall be issued, extra work and material, when furnished by the Contractor, shall be paid for at actual necessary cost of materials, supplies, labor (including foremen’s wages), Workers’ Compensation insurance, contributions made to the State as required by the provisions of the Unemployment Insurance Act, Chapter 352, Statutes of 1935, as amended, taxes paid to the Federal government as required by The Social Security Act, approved August 14, 1935, as amended and the reasonable value of the use of equipment for the actual time it is used, all as determined by the Director of Public Works, plus fifteen percent (15%) to cover the following:
Profit
General Expenses
All insurance except Workers’ Compensation insurance
Excise taxes
Property taxes
Bond premiums
License and inspection fees imposed by any governmental authority Any and all other items of expense not specifically mentioned under subsection (c) herein
The Community Services Director determination and certification of said actual necessary cost shall be binding and conclusive on the Contractor, and the Community Services Director shall be deemed the arbiter to determine the cost of such work. (d) If any work or materials be ordered under this section on a cost-plus basis, the Contractor shall, at the times directed during the performing of the work or the furnishing of the materials, render to the Community Services Director, written reports in prescribed form, showing all items that may enter into the cost, the quantity and the character of each such material, from whom purchased and the net amount paid or to be paid therefore, and such other information as directed. If required, the Contractor shall produce any books, vouchers, other records, or memoranda, which will assist the Community Services Director in determining the true, necessary cost of the work and materials to be paid for. (e) Any extra work performed hereunder shall be subject to all the provisions of the contract and the Contractor's sureties shall be bound with reference thereto as under the original contract.
1-22 COST BREAKDOWN
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Packet Pg. 439 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 44 Within ten (10) days after commencing work, the Contractor shall submit, to the Community Services Director, a cost breakdown in duplicate of all unit and lump sum prices under the contract. The breakdown, as approved, may be used by the Community Services Director to verify the fair value of the work for progress payments. 1-23 PROGRESS ESTIMATES
The Community Services Director shall, on or about the fifth (5th) day of each calendar month, except as provided in section 1-23, make in writing and certify an estimate such as in her/his opinion shall be just and fair, of the amount and value of the work done by the Contractor and of the amount and value of all acceptable materials furnished and delivered by the Contractor to the site and not used up to that time in the performance of the contract. To the figure thus arrived at, shall be added any amounts due the Contractor for extra work and the amount of any approved claims for extra cost to the date of the progress estimate.
A deduction of five percent (5%) shall be made from the estimated value of the work done and fifty percent (50%) of the value of the materials so estimated to have been furnished and delivered and unused, and from the remainder there shall be further deducted any amounts due the City from the Contractor for supplies or materials furnished or services rendered and any The other amounts that may be due the City under the terms of the contract. From the balance thus determined shall be deducted the amount of all previous payments and the remainder shall constitute the progress estimate for that month.
Such progress estimates shall not be required to be made by strict measurement, but they may be made by measurement or by estimation, or partly by one method or partly by the other, and it shall be sufficient if they are approximate only.
Pursuant to Public Contract Code §22300, the Contractor has the option of substituting securities for any money that is withheld under this section.
1-24 PROGRESS ESTIMATES MAY BE WITHHELD
The progress estimates provided for in section 1-23 hereof may at any time be withheld or reduced if, in the opinion of the Community Services Director, the Contractor is not diligently and efficiently endeavoring to comply with the intent of the contract, or if the Contractor shall fail to pay his labor and material bills as they become due.
1-25 PROGRESS PAYMENTS
(a) Upon each progress estimate being made and certified in writing, the City shall, within fifteen (15) days after the date of such estimates, except as set forth in subsection (b) hereof, pay to the Contractor the amount stated in such estimates to be due the Contractor; provided, however, that the City may at all times reserve and retain from such progress payments, in addition to the retained percentage and other amounts above mentioned to be deducted in computing the progress estimated, any sum or sums which by the terms hereof, or of any law of the State of California, it is or may be authorized or required to reserve or retain; and provided further, that no progress estimate or progress payment shall constitute an acceptance of the work or any portion thereof. The percentage deducted as above set forth shall become due and payable with and as a part of the final payment to be made as hereinafter provided.
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Packet Pg. 440 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 45 (b) In the event the contract or any part thereof shall be suspended as provided in section 1- 17, the retained percentage as provided in section 1-23, shall become the sole and absolute property of the City to the extent necessary to repay to the City any excess in the cost of the work above the contract price. After issuance of notice to discontinue work, no payments upon progress estimates or otherwise shall thereafter be made the Contractor for the work covered by said notice until completion of the work. 1-26 FINAL ESTIMATE AND PAYMENT
(a) Whenever in the opinion of the Community Services Director the Contractor shall have completely performed the contract on his part, the Community Services Director will submit to the Contractor a written statement of the final quantities of contract items for inclusion in the final estimate. The Contractor will be expected to submit his written approval of said proposed final quantities within five (5) days of receipt of the Community Services Director’s statement, or in the event the Contractor disagrees with such written statement, shall within said period of five (5) days file a written statement of all claims, which he intends to present.
(b) Upon receipt from the Contractor of written approval of the final quantities or such written statement of his claims, the Community Services Director shall make in writing and certify to the City Clerk an estimate in which he shall state, from actual measurements, the whole amount of work done by the Contractor and also the value of such work under and according to the terms of the contract. Within ten (10) days after the date of receipt of the aforesaid approval or state of claims, the Community Services Director shall cause to be filed, on behalf of the City, in the Office of the Imperial County Recorder, a Notice of Completion of the work herein agreed to be done by the Contractor. On the expiration of thirty-five (35) days after the filing of such notice of completion of the work, the City shall pay to the Contractor the amount remaining after deducting from the amount of value stated in the first mentioned estimate all prior payments to the Contractor and all amounts to be kept and retained under the provisions of the contract. (c) All prior estimates upon which partial payments have been made shall be subject to correction in the final estimate. The final estimate and payments made thereunder shall be final and conclusive upon the Contractor.
1-27 RECOVERY OF DAMAGES
The making of an estimate and payment in accordance therewith shall not preclude the City from demanding and recovering from the Contractor such damages as it may sustain by reason of his failure to comply with the specifications.
1-28 FINAL PAYMENT TERMINATES LIABILITY
The acceptance by the Contractor of the final payment aforesaid shall be a release to the City and its agents from all claim and liability to the Contractor for anything done or furnished for or relating to the work or for any act or neglect of the City or of any person relating to or affecting the work except the claim against the City for the remainder, if any, of the amount kept or retained as provided in section 1-31.
1-29 NO PERSONAL LIABILITY
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Packet Pg. 441 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 46 No agent of the City shall be personally responsible for any liability arising under the contract. No claims shall be made or filed and neither the City nor any of its agents shall be liable for or held to pay any money, except as specifically provided in the contract. 1-30 MONIES MAY BE RETAINED
The City may keep any monies which would otherwise be payable at any time hereunder and apply the same, or so much as may be necessary therefore, to the payment of any expense, losses or damages as determined by the Community Services Director incurred by the City for which the Contractor is liable under the contract.
1-31 UNPAID CLAIMS
If, upon or before the completion of the work herein agreed to be performed or at any time prior to the expiration of the period within such claims of liens may be filed for the record as prescribed by Civil Code §§ 9350 et seq,, any person or persons claiming to have performed any labor or furnished any material, supplies or services toward the performance or completion of this contract, or that they have agreed to do so, shall file with the City a verified statement of such claim, stating in general terms the kind of labor and materials and the name of the person to or for whom the same was done or furnished, or both, together with a statement that the same has not been paid or if any person or persons shall bring against the City or against any agent or agents thereof any action to enforce such claim, the City shall until the discharges thereof withhold from the monies under its control so much of said monies due or to become due the Contractor under this contract as shall be sufficient to satisfy and discharge the amount in such notice or under such action claimed to be due, together with the costs thereof; provided that if the City shall in its discretion permit the Contractor to file such additional bonds as is authorized by Civil Code §9364, in a penal sum equal to one hundred twenty-five percent (125%) times the amount of said claim, said monies shall not thereafter be withheld on account of such claim. 1-32 ADDITIONAL SURETY
If during the continuance of the contract, any of the sureties upon the faithful performance bond in the opinion of the Community Services Director are/or become insufficient, he may require additional sufficient sureties which the Contractor shall furnish, to the satisfaction of the Community Services Director, within fifteen (15) days after notice and in default thereof the contract may be suspended and the work completed as provided in section 1-17 hereof. 1-33 PREVAILING RATE OF PER DIEM WAGES
The City has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft or type of worker or mechanic needed to execute the contract and has specified same in the Notice of Inviting Bids which is attached hereto and made a part of the contract. The Contractor shall forfeit as a penalty to the City of not more than fifty dollars ($50) for each laborer, worker or mechanics employed for each calendar day or portion thereof, such laborer, worker or mechanic is paid less than the required rates for any work done under the contract by him or by any subcontractor under him in violation of the provisions of the California Labor Code.
1-34 PAYMENT OF WAGES
The issuance as payment for wages of any evidence of indebtedness is prohibited unless the same is negotiable and payable on demand without discount. Wages must be paid at least semimonthly on regular pay days established in advance, and shall include all amounts for labor
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Packet Pg. 442 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 47 or services performed by employees of every description as required under the provisions of the California Labor Code.
1-35 EIGHT (8) HOUR LAW
The Contractor shall comply with all applicable provisions of Labor Code §§1810 to 1816, inclusive, relating to working hours. The time of service of any laborer, worker or mechanic employed on the work shall be limited and restricted to eight (8) hours during any one (1) calendar day, except in cases of an extraordinary emergency caused by fire, flood or danger to life or property and the Contractor shall forfeit as a penalty to the City of twenty-five dollars ($25) for each such laborer, worker or mechanic employed in the execution of this contract by him or any subcontractor under him for each calendar day during which such laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in violation of the provisions of the California Labor Code.
1-36 OVERTIME - NO EXTRA COMPENSATION
Overtime work (i.e., work in excess of eight (8) hours in any one (1) calendar day or work performed on a Sunday or other legal holiday) shall not entitle the Contractor to any compensation for any contract item in addition to that set forth in the contract for the kind of work performed even though such overtime or legal holiday work may be required under emergency conditions, and may be ordered by the Community Services Director in writing. In case of extra work ordered by the Community Services Director under the provisions of section 1-21 hereof, no additional payment will be made to the Contractor because of the payment by him of overtime or legal holiday rates for such work, unless the use of overtime or legal holiday work in connection with such extra work is specifically ordered in writing by the Community Services Director and then only to such extent as extra payment is regularly being made by the Contractor to his men for overtime or legal holiday work of a similar nature in the same locality. 1-37 CHARACTER OF WORKERS
None but skilled workers shall be employed on work requiring special qualifications. When required in writing by the Community Services Director, the Contractor or any subcontractor shall discharge any person who is in the opinion of the Community Services Director, incompetent, unfaithful, disorderly or otherwise unsatisfactory and shall not again employ such discharged person on the work except with the consent of the Community Services Director. Such discharge shall not be the basis of any claim for compensation or damage against the City or any of its officers.
1-38 SAMPLES AND TESTS
At the option of the Community Services Director, the source of supply of each of the materials shall be approved by the Community Services Director before delivery is started and before such material is used in the work. Representative preliminary samples of the character and quality prescribed shall be submitted by the Contractor or producer of all materials to be used in the work for testing or examination as desired by the Community Services Director.
All tests of materials furnished by the Contractor shall be made in accordance with commonly recognized standards of national organizations, and such special methods and tests are prescribed in these specifications.
The Contractor shall furnish such samples of materials as are requested by the Community Services Director, without charge. No material shall be used until it has been approved by the
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Packet Pg. 443 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 48 Community Services Director. Samples will be secured and tested whenever necessary to determine the quality of material.
1-39 INSPECTION
The Director of Public Works shall at all times have access to the work during construction, and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship and character of materials used and employed in the work.
Whenever the Contractor varies the period, which work is carried on each day, he shall give due notice to the Community Services Director, so that proper inspection may be provided. Any work done in the absence of the Community Services Director will be subject to rejection. The inspection of the work shall not relieve the Contractor of any of his obligations to fulfill the contract as prescribed. Defective work shall be made good and unsuitable materials may be rejected notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the Community Services Director and accepted or estimated for payment. 1-40 DEFECTIVE WORK OR MATERIALS – WARRANTIES, GUARANTEES AND
INSTRUCTION SHEETS
(a) If the work, or any part thereof, shall be found defective at any time before the final acceptance of the whole work, the Contractor shall forthwith make good such defects without compensation in a manner satisfactory to the Community Services Director, and the cost of any excess material furnished by the City shall be borne by the Contractor. (b) All materials not conforming to the requirements of these specifications shall be considered as defective and all such material whether in place or not shall be rejected and shall be removed immediately from the site of the work unless otherwise permitted by the Community Services Director. No rejected material, the defects of which have been subsequently corrected shall be used until approved in writing by the Community Services Director.
(c) Upon failure on the part of the Contractor to comply with any order of the Community Services Director made under the provisions of this article, the Community Services Director shall have authority to remove and replace defective material and to deduct the cost of removal and replacement from any monies due or to become due the Contractor. (d) The work shall be warranted by the Contractor against defective materials and workmanship for a period of one (1) year. The warranty period shall start on the date the work was completed as determined by the Engineer.
(e) The warranty period for specific items covered under manufacturers’ or suppliers’ warranties shall commence on the date they are placed into service at the direction of or as approved by the Engineer in writing.
(f) All warranties, express or implied, from subcontractors, manufacturers or suppliers, of any tier, for the materials furnished and work performed shall be assigned, in writing, to the City, and any such warranties shall be delivered to the Engineer prior to acceptance of the Contractor’s performance of the contract.
(g) The Contractor shall replace or repair defective materials and workmanship in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within
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Packet Pg. 444 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 49 the time specified in the notice, the City may perform the replacement or repairs at the Contractor’s expense. If the Contractor fails to reimburse the City for the actual costs, the Contractor’s Surety shall be liable for the cost thereof. 1-41 USE OF COMPLETED PORTIONS
The City may at any time during progress of the work, after written notice to the Contractor, take over and place in service any completed portions of the work which are ready for service, although the entire work of the contract is not fully completed and notwithstanding the time for completion of the entire work or such portions which may not be expired. In case, the City shall issue certificates of acceptance for such portions of the work but such taking possession thereof shall not be deemed an acceptance of any other portion of the work, nor of any incomplete portions, nor of any work not completed in accordance with the contract documents. 1-42 PROPERTY RIGHTS IN MATERIALS
Nothing in this contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the work or the soil or after payment has been made for the value of unused material delivered to the site of the work as provided for in section 1-23 hereof. All such materials attached or affixed or unused shall become the property of the City.
1-43 TITLE TO MATERIALS FOUND ON THE WORK
The right to the use of all soil, stone, gravel, sand and all other materials and equipment developed or obtained in the excavation or other operations by the Contractor or any subcontractor or any of their employees and the right to use and/or dispose of the same are hereby expressly reserved in the City and neither the Contractor, nor any subcontractor nor any of their employees shall have any right, title or interest in or to any part thereof nor shall they, nor any of them, assert or make any claim thereto. The Contractor shall be permitted to use in the work, without charge, any such materials, which meet the requirements of these specifications. 1-44 ENFORCEMENT OF ORDER
The Contractor shall be responsible for maintaining good order at the site where work is performed under this contract and to that end shall employ such watchmen or other persons as may be required. Unauthorized persons shall be excluded from the site of the work. The Contractor shall not sell, nor shall he permit or suffer the introduction or use of intoxicating liquors or narcotics upon the works embraced in these specifications or upon any of the grounds occupied or controlled by him in connection with such works.
1-45 PATENTS AND COPYRIGHTS
The Contractor shall hold and save the City, it officers, agents and employees harmless from liability of any nature and kind including costs and expenses for or on account of any copyrighted or copyrighted composition, secret process, patented or un patented invention, article or appliance manufactured, furnished or used by him in the performance of this contract, including their use by the City, unless otherwise specifically set forth in the contract. 1-46 LAWS AND REGULATIONS
(a) The Contractor shall keep himself fully informed of all Federal and State laws, County and City ordinances and regulations which in any manner affect those engaged or employed
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Packet Pg. 445 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 50 on the work or the materials used in the work or in any way affecting the conduct of the work. If any discrepancy or inconsistency should be discovered in this contract, or in the drawings or specifications herein referred to in relation to any such law, ordinance or regulation, he shall forthwith report the same in writing to the Community Services Director. He shall, at all times, observe and comply with and shall cause all his agents and employees to observe and comply with all such applicable laws, ordinances and regulations in effect or which may become effective before completion of this contract. He shall protect and indemnify the City and its officers and agents against any claim or liability arising from or based on the violation of any such law, ordinance or regulation whether by himself or by his employees.
(b) Except as otherwise explicitly provided elsewhere in these specifications, all permits and licenses necessary to the prosecution of the work shall be secured by the Contractor at his own expense, and he shall pay all taxes properly assessed against his equipment or property used or required in connection with the work.
(c) All Federal laws and regulations now imposed by competent authority and relating to any materials required to be furnished under these specifications and work required to be done hereunder shall be deemed to be and hereby are made controlling and part of these specifications.
1-47 SALES AND/OR USE TAXES
Except as may be otherwise provided herein, all sales and/or use taxes assessed by Federal, State or local authorities on materials used or furnished by the Contractor in performing the work hereunder shall be paid by the Contractor.
1-48 ADDITIONAL RESPONSIBILITY FOR DAMAGE
(a) Indemnity Agreement
In addition and complementary to any other indemnification provided for the project, and except for the gross negligence or willful misconduct of an Indemnitee (as hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at Indemnitees’ option), indemnify, protect and hold harmless the City and its project consultants, engineers, officers, agents, and employees (“Indemnitees”) from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnitees arising out of or encountered in connection with this Agreement or the performance of the work including, but not limited to, death of or bodily or personal injury to persons or damage to property, including property owned by or under the care and custody of the City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of the Contractor, its officers, agents, employees or subcontractors including, but not limited to, liability arising from:
1. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use of occupation of the premises by the Contractor, its officers, agents, employees, or subcontractors;
2. Any operation conducted upon or any use or occupation of the premises by the Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this contract or otherwise;
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Packet Pg. 446 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 51 3. Any act, omission or negligence of the Contractor, its officers, agents, employees, or subcontractors.
4. Any failure of the Contractor, its officers, agents or employees to comply with any of the terms or conditions of this contract or any applicable Federal, State, regional or municipal law, ordinance, rule or regulation; and
5. The conditions, operations, uses, occupations, acts, omissions or negligence referred to in sub-subsections (1), (2), (3), and (4), existing or conducted upon or arising from the use or occupation by the Contractor on any other premises in the care, custody and control of the City.
The Contractor also shall indemnify the City and pay for all damage or loss suffered by the City including but not limited to damage to or loss of the City’s property, to the extent not insured by the City and loss of the City’s revenue from any source, caused by or arising out of the conditions, operations, uses, occupations, acts, omissions or negligence referred to in sub-subsections (1), (2), (3), (4), and (5).
The Contractor’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of the City under any provision of this Agreement, the Contractor shall not be required to indemnify and hold harmless the City for liability attributable to the active negligence of the City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where the City is shown to have been actively negligent and where the City’s active negligence accounts for only a percentage of the liability involved, the obligation of the Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of the City.
The Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of the Contractor in the performance of this Agreement. In the event the Contractor fails to obtain such indemnity obligations from others as required here, the Contractor agrees to be fully responsible according to the terms of this section.
Failure of the City to monitor compliance with these requirements imposes no additional obligations on the City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend the City as set forth here is binding on the successors, assigns or heirs of the Contractor and shall survive the termination of this Agreement or this section.
This Indemnity shall survive termination of the Agreement of Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other contract documents or agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, the City may, in its sole discretion, reserve, retain or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, the City may release such funds if the Contractor provides the City with reasonable assurance of protection of the Indemnitees’ interests. The City shall, in its sole discretion, determine whether such assurances or reasonable. 1-49 TRESPASS
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Packet Pg. 447 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 52 The Contractor shall be responsible for all damage or injury, which may be caused on any property by trespass of the Contractor’s employees in the course of their employment whether the said trespass was committed with or without the consent or knowledge of the Contractor. 1-50 SAFETY, SANITARY AND MEDICAL REQUIREMENTS
The Contractor and his subcontractors, if any, and employees shall promptly and fully carry out the existing safety, sanitary and medical requirements as may from time to time be prescribed by the City or by County or State Health Departments to the end that proper work shall be done and the safety and health of the employees and of the community may be observed and safeguarded.
In case such regulations and orders are not observed by the Contractor they may be enforced by the Community Services Director at the Contractor’s expense. 1-51 PROTECTION AND CLEAN UP
The Contractor shall protect and care for all work until completion and acceptance thereof. Before the Contractor makes application for the acceptance of the work, all rubbish, excess earth and rock or surplus materials shall be removed leaving the site in a neat, orderly and presentable condition.
1-52 LABOR DISCRIMINATION
No discrimination shall be made in the employment of persons upon Public Works because of the race, color, religious creed, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age or sexual orientation of such persons except as provided in Government Code §12940, and every contractor for Public Works violating Labor Code §1735 is subject to all penalties imposed for a violation of Chapter 1, of Part 7, of Division 2 of the California Labor Code. 1-53 APPRENTICES
Attention is directed to the provisions of Labor Code §§1777.5 and 1777.6 concerning the employment apprentices by the Contractor or any subcontractor under him. The Contractor and any subcontractor under him shall comply with the requirements of said sections in the employment of apprentices.
Information relative to Apprenticeship Standards Wage Schedules and other requirements may be obtained from the Director of Industrial Relations, Ex Officio the Administrator of Apprenticeship - San Francisco, California or from the Division of Apprenticeship Standards and its branch offices.
1-54 PRECONSTRUCTION CONFERENCE
Before the start of construction, the Community Services Director will arrange to meet with the Contractor to discuss the requirements on such matters as project supervision, on-site inspections, progress, schedules and reports, payment(s) to Contractor(s), safety and other items pertinent to the project. At this conference, all parties should be prepared to discuss any anticipated problems.
1-55 SUBCONTRACTING LISTING
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Packet Pg. 448 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 53 (a) Any person making a bid or offer to perform the work described in this contract shall in his bid or offer set forth:
1. The name and location of the place of business of each subcontractor who will perform work of labor or render service to the Contractor in or about the construction of the work or improvement or a subcontractor licensed by the State of California, who, under the subcontract to the Contractor, especially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of one percent (.005%) of the Contractor’s total bid.
1. The portion of the work, which will be done by each such subcontractor under this contract. The Contractor shall list only one subcontractor for each such portion as is defined by the Contractor in his bid.
2. The Contractor’s State registration number
(b) No Contractor whose bid is accepted shall, without the consent of the City either:
1. Substitute any person as subcontractor in place of the subcontractor designated in the original bid.
2. Permit any subcontractor to be assigned or transferred or allow it to be performed by any other than the original subcontractor listed in the bid.
3. Sublet or subcontract any portion of the work in excess of one-half of one percent (.005%) of the Contractor’s bid as to which his original bid did not designate a subcontractor.
(c) Subletting or subcontracting any portion of the work as to which no subcontractor was designated in the original bid shall be permitted only in case of public emergency or necessity, and then only after a finding reduced to writing as public record of the awarding authority setting forth the facts constituting such emergency or necessity.
END OF GENERAL CONDITIONS
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Packet Pg. 449 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 54 SUPPLEMENTARY GENERAL CONDITIONS (STATE)
CALIFORNIA STATE REQUIREMENTS- These prevail over conflicting provisions of the General Conditions
1. State Wage Determinations:
a) As required by Labor Code §§1770 et seq., the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file at the office of the City, which copies shall be made available to any interested party on request. The Contractor shall post a copy of such determination at each job site. b) In accordance with Labor Code §1775, the Contractor shall, as a penalty to the City, forfeit not more than two hundred dollars ($200) for each calendar day or portion thereof, for each worker paid less than the prevailing rates as determined by the Director for the work or craft in which the worker is employed for any public work done under the contract by him or her or by any subcontractor under him or her.
2. Workers' Compensation:
a) In accordance with the provisions of Labor Coded §3700, the Contractor shall secure the payment of compensation to his employees.
b) Prior to beginning work under the Contract, the Contractor shall sign and file with the City the following certification:
“I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the WORK of this Contract.” c) Notwithstanding the foregoing provisions, before the Contract is executed on behalf of the City, a bidder to whom a contract has been awarded shall furnish satisfactory evidence that it has secured in the manner required and provided by law the payment of Workers’ Compensation.
3. Apprentices on Public Works: The Contractor shall comply with all applicable provisions of Labor Code §1777.5 relating to employment of apprentices on public works.
4. Working Hours: The Contractor shall comply with all applicable provisions of Labor Code §§1810 to 1815, inclusive, relating to working hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of the Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) calendar week, unless such worker receives compensation for all hours worked in excess of eight (8) hours at not less than one and one-half (1.5) times the basic rate of pay.
5. Contractor Not Responsible For Damage Resulting From Certain Acts of God:
As provided in Public Contract Code §7105, the Contractor shall not be responsible for the cost of repairing or restoring damage to the work which damage is determined to have been proximately caused by an act of God, in excess of five percent (5%) of the contracted amount, provided, that the work damaged was built in accordance with accepted and applicable building standards and the plans and specifications of the City. The Contractor shall obtain insurance to
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Packet Pg. 450 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 55 indemnify the City for any damage to the Work caused by an act of God if the insurance premium is a separate bid item in the bidding schedule for the work. For purposes of this section, the term “acts of God” shall include only the following occurrences or conditions and effects: earthquakes in excess of a magnitude of three and one-half (3.5) on the Richter Scale and tidal waves.
6. Notice of Completion: In accordance with Civil Code §§9204 and 9208, within fifteen (15) days after date of acceptance of the work by the City’s governing body, the City will file, in the County Recorder's office, a Notice of Completion of the work.
7. Unpaid Claims: If, at any time prior to the expiration of the period for service of a stop payment notice, there is served upon the City a stop payment notice as provided in Civil Code §§9350 et seq., the City shall, until the discharge thereof, withhold from the monies under its control so much of said monies due or to become due to the Contractor under this Contract as shall be sufficient to answer the claim stated in such stop payment notice and to provide for the reasonable cost of any litigation thereunder; provided, that if the construction manager shall, in its discretion, permit the Contractor to file with the City the bond referred to in Civil Code §9364, said monies shall not thereafter be withheld on account of such stop payment notice.
8. Concrete Forms, False work, and Shoring: The Contractor shall comply fully with the requirements of section 1717 of the Construction Safety Orders, State of California, Department of Industrial Relations, regarding the design of concrete forms, false work and shoring, and the inspection of same prior to placement of concrete. Where the said section 1717 requires the services of a civil engineer registered in the State of California to approve design calculations and working drawings of the false work or shoring system, or to inspect such system prior to placement of concrete, the Contractor shall employ a registered civil engineer for these purposes, and all costs therefore shall be included in the price named in the Contract for completion of the work as set forth in the Contract Documents.
9. Retainage From Monthly Payments: Pursuant to Public Contract Code §22300, the Contractor may substitute securities for any money withheld by the City to insure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a State or Federally chartered bank as the escrow agent, who shall return such securities to the Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement between the escrow agent and the City which provides that no portion of the securities shall be paid to the Contractor until the City has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The City will not certify that the Contract has been satisfactorily completed until at least thirty (30) days after filing by the City of a Notice of Completion. Securities eligible for investment under Public Contract Code §22300 shall be limited to those listed in Government Code §16430 and to bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the City.
10. Public Works Contracts; Assignment to Awarding Body: In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. sec. 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgement by the parties.
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Packet Pg. 451 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 56 11. Payroll Records; Retention; Inspection; Noncompliance Penalties; Rules and Regulations: (a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis:
(1) A certified copy of an employee’s payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract and the Division of Labor Standards Enforcement of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public may not be given access to the records at the principal office of the contractor. (c) Unless required to be furnished directly to the Labor Commissioner in accordance with paragraph (3) of subdivision (a) of Section 1771.4, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division. The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Except as provided in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual’s name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a multiemployer Taft-Hartley trust fund (29 U.S.C. Sec. 186(c)(5)) that requests the records for the purposes of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual’s full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual’s social security number.
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Packet Pg. 452 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 57 (f) An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in good faith in compliance with this subdivision. (g) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address. (h) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.
(i) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.
12. Cultural Resources: The Contractor’s attention is directed to the provisions of the Clean Water Grant Program Bulletin 76A which augments the National Historic Preservation Act of 1966 (16 U.S.C. 470) as specified under section 01560, “Temporary Environmental Controls” of the General Requirements.
13. Protection of Workers In Trench Excavations: As required by Labor Code §6705 and in addition thereto, whenever work under the Contract involves the excavation of any trench or trenches five (5) feet or more in depth, the Contractor shall submit for acceptance by the City or by a registered civil or structural engineer, employed by the City, to whom authority to accept has been delegated, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation, of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a registered civil or structural engineer employed by the Contractor, and all costs therefore shall be included in the price named in the Contract for completion of the work as set forth in the Contract Documents. Nothing in this section shall be deemed to allow the use of a shoring, sloping, or other protective system less effective than that required by the Construction Safety Orders. Nothing in this section shall be construed to impose tort liability on the City, the Construction Manager, the Design Consultant or any of their officers, agents, representatives, or employees.
14. Travel and Subsistence Pay:
a) As required by Labor Code §1773.1, the Contractor shall pay travel and subsistence payments to each worker needed to execute the work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this section. b) To establish such travel and subsistence payments, the representative of any craft, classification or type of worker needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within ten (10) days after their execution and thereafter shall establish such travel and subsistence payments whenever filed thirty (30) days prior to the call for bids.
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Packet Pg. 453 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 58 15. Removal, Relocation or Protection to Existing Utilities:
a) In accordance with the provisions of Government Code §4215, any contract to which a public agency as defined in Government Code §4401 is a party, the public agency shall assume the responsibility, between the parties to the contract, for the timely removal, relocation, or protection of existing main or trunkline utility facilities located on the site of any construction project that is a subject of the contract, if such utilities are not identified by the public agency in the plans and specifications made a part of the invitation for bids. The agency will compensate Contractor for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy and for equipment on the project necessarily idled during such work.
b) The Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the public agency or the city of the utility to provide for removal or relocation of such utility facilities. c) Nothing herein shall be deemed to require the public agency to indicate the presence of existing service laterals or appurtenances when the presence of such utilities on the site of the construction project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of construction; provided, however, nothing herein shall relieve the public agency from identifying main or trunklines in the plans and specifications.
d) If the Contractor while performing the contract discovers utility facilities not identified by the public agency in the contract plans or specifications, he shall immediately notify the public agency and utility in writing.
e) The public utility, where they are the City, shall have the sole discretion to perform such repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price.
16. Contractor License Requirements: In accordance with Business and Professions Code §7028.15, a licensed contractor shall not submit a bid to a public agency unless his or her contractor’s license number appears clearly on the bid, and the license expiration date is stated.
Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered nonresponsive and shall be rejected by the public agency.
17. Prohibiting Work by Certain Contractors: Pursuant to the provisions in Labor Code §§1777.1 and 1777.7, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors is available from the Department of Industrial Relations web site at:
http://www.dir.ca.gov/DLSE/Debar.html.
END OF CALIFORNIA STATE REQUIREMENTS
END OF SUPPLEMENTARY GENERAL CONDITIONS
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Packet Pg. 454 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) 59 SPECIAL PROVISIONS
1. ORDER OF WORK
Prior to commencement of any work on the project, a preconstruction conference will be held for the purpose of review and discussion of progress schedule and construction procedures. At the discretion of the Community Services Director, periodic meetings involving project personnel (Contractor, utility and others) will be held for the purpose of coordinating project activities.
2. STARTING AND COMPLETION OF WORK
The work called for in these contract documents shall commence within (10) calendar days after that date set out in the Notice-to-Proceed issued by the City, and shall be diligently pursued to completion within (120) calendar days of said date.
3. FAILURE TO COMPLETE ON TIME AND LIQUIDATED DAMAGES
(See General Conditions 1-19) It is agreed by the parties to the contract that in case of all work called for under the contract is not completed before or upon the expiration of the time limits set forth in these Special Provisions, damages will be sustained by the City and that it will be impracticable to determine the actual damage by which the City will sustain in the event of and by reason of such delay and it is therefore agreed that the contractor will pay to the City the sum of five hundred dollars ($500) per day for each and every day of delay beyond the time prescribed to complete the work.
4. MAINTAINING TRAFFIC
The Contractor shall maintain two way traffic in the work area in accordance with the “Manual of Traffic Controls for Construction and Maintenance Work Zones” and the MUTCD, 1990 Edition or as modified, available through the State of California, Department of Transportation, 1900 Royal Oaks Drive, Sacramento, California 95815.
Personal vehicles of the Contractor’s employees shall not be parked on the traveled way at any time, including any section closed to public traffic.
5. PERMIT FEES
The project shall proceed as a fee permit. The General Contractor shall be responsible for paying permit fees to the City.
6. CONSTRUCTION SIGN
The Contractor shall provide a four (4) foot tall by eight (8) foot wide construction sign to be visible to the public and maintained in good order for the duration of construction. Artwork for the sign shall be provided to the Contractor by the City.
15.b
Packet Pg. 455 Attachment: Urgent Bid Protest - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project)
15.c
Packet Pg. 456 Attachment: Bid Protest Response - Premier Electrical Solutions (6141 : Award of Contract for Swarthout Park Field Lighting Project)
15.c
Packet Pg. 457 Attachment: Bid Protest Response - Premier Electrical Solutions (6141 : Award of Contract for Swarthout Park Field Lighting Project)
15.c
Packet Pg. 458 Attachment: Bid Protest Response - Premier Electrical Solutions (6141 : Award of Contract for Swarthout Park Field Lighting Project)
15.c
Packet Pg. 459 Attachment: Bid Protest Response - Premier Electrical Solutions (6141 : Award of Contract for Swarthout Park Field Lighting Project)
15.c
Packet Pg. 460 Attachment: Bid Protest Response - Premier Electrical Solutions (6141 : Award of Contract for Swarthout Park Field Lighting Project)
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Packet Pg. 461 Attachment: Bid Protest Response - Premier Electrical Solutions (6141 : Award of Contract for Swarthout Park Field Lighting Project)
15.c
Packet Pg. 462 Attachment: Bid Protest Response - Premier Electrical Solutions (6141 : Award of Contract for Swarthout Park Field Lighting Project) Finch, Thornton & Baird, LLP 4747 Executive Drive, Suite 700 San Diego, CA 92121 T 858.737.3100 F 858.737.3101 ftblaw.com
VIA ELECTRONIC MAIL
AND OVERNIGHT DELIVERY
Ms. Adriana Nava, Community Services Director
Mr. Javier Villaverde, Parks Supervisor
City of El Centro
Community Services Department
1249 West Main Street
El Centro, California 92243
[email protected]
[email protected]
VIA ELECTRONIC MAIL ONLY
Elizabeth E. Martyn, Esq.
City Attorney
1275 Main Street
El Centro, California 92243
[email protected]
Re: Protest of Award to Premier Electrical Solutions, Inc.
Protestor: Ace Electric, Inc.
6061 Fairmount Avenue, San Diego, California 92120; (619) 814-4767 Owner: City of El Centro (“City”)
Project: Swarthout Park Field Lighting Project,
350 W. Euclid Avenue, El Centro, California (“Project”) Dear Mses. Nava and Martyn, and Mr. Villaverde:
1. Introduction
This is Ace Electric, Inc.’s (“Ace Electric”) response to Premier Electrical Solutions, Inc.’s (“PESI”) September 15, 2023 response to Ace Electric’s bid protest dated September 11, 2023.1
Much like PESI’s errant bid, PESI’s response again has its wires crossed. Despite PESI’s contentions, its bid is in fact nonresponsive. First, PESI admits PESI provided an incorrect Contractors License number for one of its subcontractors. However, PESI failed to make the required correction within the “inadvertent error” deadline imposed by the Public Contract Code. Second, PESI incorrectly provided percentages instead of descriptions for two of its subcontractors. PESI’s half-hearted contention that providing percentages only is sufficient is clearly incorrect under both the Bid Documents and the Subletting and Subcontracting Fair Practices Act. Therefore, PESI’s bid is nonresponsive and should be rejected.
PESI begs the City to apply an incorrect standard for waiving the defects in PESI’s nonresponsive bid. However, contrary to PESI’s arguments, the mere fact that PESI could have received a competitive advantage from the errors prevents the City from waiving them. In any event, even if the City could waive the errors, it is in the City’s best interest not to do so. Accordingly, the City must comply with California law and its Bid Documents, not waive the errors in PESI’s nonresponsive bid, and award the Project to the true lowest responsive and responsible bidder, Ace Electric.
1 Ace Electric’s bid protest and PESI’s bid protest response are attached at Tabs 1 and 2.
September 18, 2023
P. Randolph Finch Jr.
[email protected]
File 897.001
15.d
Packet Pg. 463 Attachment: 3Q15662 Response to Premier's Response - Ace Electric (6141 : Award of Contract for Swarthout Park Field Lighting Project) September 18, 2023