Agenda packet — El Centro City Council, July 2, 2024

AGENDA

CITY OF EL CENTRO

CITY COUNCIL
TUESDAY, JULY 2, 2024
City Hall Regular Meeting 11:30 AM

CITY HALL

COUNCIL CHAMBERS
1275 MAIN STREET
EL CENTRO, CA 92243
City of El Centro Page 1
The public may attend in person. Any member of the public attending in person and wishing to make a comment is asked to complete a speaker slip and follow the instructions below regarding “Notice to the Public”. Any member of the public is invited to submit public comments in advance of the meeting to be answered at the meeting. Please email your questions to [email protected] or call 760-337-4515 by July 2, 2024.

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

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

Join Zoom Meeting:
https://us06web.zoom.us/j/4180375132?pwd=Rmo5UjZ1cWdyV1VoWUhSZWp6R0tVZz09&omn=81844682647 Optional dial-in number: 1 (669) 444-9171
Meeting ID: 418 037 5132 Passcode: 5iHJYM
Mayor & Council Members may be reached at (760) 336-8989 Mayor: Sylvia Marroquin City Manager: Cedric Ceseña
Interim Mayor ProTem:Martha Cardenas-Singh City Attorney: Elizabeth Martyn Evans Council Members: Tomás Oliva City Clerk: Norma Wyles
Sonia Carter
Edgard Garcia
11:30 A.M CLOSED SESSION - CONFERENCE ROOM "A"
ROLL CALL (Open Session)
CLOSED SESSION PUBLIC COMMENT:

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

CITY COUNCIL ADJOURNS INTO CLOSED SESSION
Agenda City Council of the City of El Centro July 2, 2024 City of El Centro Page 2

CITY COUNCIL CLOSED SESSION

EXISTING LITIGATION
Closed Session pursuant to Govt. Code Section 54956.9(d)(1): City of El Centro v.

Imperial County LAFCO.

ANTICIPATED LITIGATION: BY THE CITY
A point has been reached where, in the opinion of the City Council upon the advice of its legal counsel, and based upon existing facts and circumstances, there is a significant possibility of initiation of litigation by the City pursuant to Govt. Code Section 54956.9(d)(4) - 2 cases.

CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN 054-310-037.

Agency negotiators: City Manager and Community Services Director Negotiating party: Rove Engineering
Under negotiation: price and terms

NOTICE TO THE PUBLIC
This is a public meeting. If there is an item on the agenda on which you wish to be heard, you are asked to complete a blue speaker slip and submit it to the City Clerk prior to the start of the meeting. Persons wishing to address the Council are not required to identify themselves (Gov’t Code § 54953.3); however, this information assists the Mayor by ensuring that all persons wishing to address the Council are recognized and also assists the City Clerk in preparing the City Council meeting minutes. When the item is announced and your name is called by the Mayor, please step to the podium and state your name for the record.

Unless the Mayor extends the time, there is a three (3) minute time limit for each public presentation. If you wish to address the Council concerning any other matter not appearing on the agenda, you may do so during the public comment portion of the agenda. However, you may not show a visual presentation without review of that material. If you do so, you will be considered out of order.
* Any information provided on the “Speaker Slip” is voluntary and will be public record.

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

ALL TIMES ARE APPROXIMATE AND MAY VARY
CALL TO ORDER:

ROLL CALL BY CITY CLERK:

PLEDGE OF ALLEGIANCE:

INVOCATION:

Agenda City Council of the City of El Centro July 2, 2024 City of El Centro Page 3
6:05-6:10 - CITY ATTORNEY REPORT ON CLOSED SESSION:
6:10-6:15 - (TIME MAY VARY) PUBLIC COMMENTS:

The City Council welcomes your input. At this time, members of the public may address the City Council on any matter not listed on the posted agenda. Pursuant to the Brown Act, no action will be taken on any issue brought forth under Public Comments. We ask that you please complete a “Speaker Slip” and submit it to the City Clerk prior to the start of the meeting. Although you are not required to identify yourself (Gov’t Code §54953.3); this information on the “Speaker Slip” assists the Mayor that all persons wishing to address the Council are recognized and also assists the City Clerk in preparing the City Council meeting minutes. Unless the Mayor extends the time, there is a three (3) minute time limit for each public presentation. * Any information provided on the “Speaker Slip” is voluntary and will be public record. 6:15-6:45 - PRESENTATIONS AND ANNOUNCEMENTS BY MAYOR:

1. Measure P Funding for Youth Sports Program update from El Centro Little League, El Centro Police Athletic League, and El Centro Youth Football Association.

2. International Lifeguard Day - July 31, 2024.

3. National Parks and Recreation Month - July 2024.

4. Presentation of the Imperial Valley 9/11 Memorial Event & Stair Climb. 6:45-6:50 - CONSENT AGENDA:

5. Approval of City Council Minutes of June 18, 2024 and June 24, 2024.

6. Adopt Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO ORDERING THE SUMMARY ABANDONMENT OF THE RIGHT OF WAY LOCATED ON A PORTION OF TRACT 86 TOWNSHIP 16 SOUTH, RANGE 14

EAST, SAN BERNARDINO MERIDIAN, GENERALLY LOCATED ALONG THE SOUTHEAST QUADRANT OF THE IMPERIAL AVENUE AND INTERSTATE 8 INTERSECTION IN THE CITY OF EL CENTRO.

7. Approve the execution of Contract Change Order #2 in the amount of $137,702.50 and approve a revised budget as presented for the Commercial Ave. Improvements Project.

8. Adopt Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF EL CENTRO APPROVING PROGRAM SUPPLEMENT
AGREEMENT NO. 00000A603 TO THE ADMINISTERING AGENCY-STATE AGREEMENT FOR STATE FUNDED PROJECTS NO. 11-5169S21 WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION.

9. Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO APPROVING A FUNDING AGREEMENT WITH THE

IMPERIAL COUNTY AIR POLLUTION CONTROL DISTRICT FOR THE
PAVING OF FRAZIER FIELD PARKING LOT.

Agenda City Council of the City of El Centro July 2, 2024 City of El Centro Page 4
6:50-7:15 - NEW BUSINESS:

10. Approval of Additional Funding to the Agreement with Arrington Watkins Architects, Inc., for the Police Station Project.

PRESENTATION: Abraham Campos, PE - Public Works Director/City Engineer RECOMMENDATION:

1. Approve additional funding in the amount of $251,053 and authorize the City Manager to approve Amendment No.8 to the agreement with Arrington Watkins Architects, Inc., for a revised contract cost of $2,792,213.00. or

2. Do not approve additional funding and provide staff direction.

11. Letter of Support Requested by SCAG for AB 2485 - Increasing Transparency and Accuracy of the Regional Housing Needs Assessment Determination.

PRESENTATION: Cedric Ceseña, City Manager
RECOMMENDATION:

The City Manager’s Office has received a request for a letter of support from Southern California Association of Governments (SCAG) for AB 2485, Increasing Transparency and Accuracy of the Regional Housing Needs Assessment Determination.

12. Discussion and any necessary action regarding the appointment to the Imperial Valley Housing Authority.

PRESENTATION: Mayor Sylvia Marroquin
RECOMMENDATION:

Mayors Recommendation: Appointment to the Imperial Valley Housing Authority with one (1) scheduled vacancy with term ending July 1, 2028.

LEGISLATIVE ACTION:

INFORMATIONAL ITEMS:

13. Old City Library Electrical Emergency Repairs

14. Received and referred to Community Development Department, Application for Alcoholic Beverage License -VSR Marketing Inc. El Sol Market 1586 S 4TH ST El Centro, CA 92243-4504

15. Received and filed notification of Southern California Gas Company's request for compensation through the gas cost incentive mechanism A.24-06-005 Agenda City Council of the City of El Centro July 2, 2024 City of El Centro Page 5
7:15-7:35 - TASK FORCE REPORTS AND MAYOR - COUNCIL
MEMBER REPORTS:
7:35-7:45 - CITY MANAGER REPORT:

ADJOURNMENT:

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

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

City Council of the City of El Centro Meeting: 07/02/24 11:30 AM 1275 Main Street Department: City Council
El Centro, CA 92243 Category: Presentation
Prepared By: Cynthia De Zilwa
SCHEDULED Department Head: Sylvia Marroquin
PRESENTATION (ID # 6433) DOC ID: 6433
Measure P Funding for Youth Sports Program update from El Centro Little League, El Centro Police Athletic League, and El Centro Youth Football Association
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City Council of the City of El Centro Meeting: 07/02/24 11:30 AM 1275 Main Street Department: City Council
El Centro, CA 92243 Category: Presentation
Prepared By: Cynthia De Zilwa
SCHEDULED Department Head: Sylvia Marroquin
PRESENTATION (ID # 6345) DOC ID: 6345
International Lifeguard Day - July 31, 2024
2 Packet Pg. 7
City Council of the City of El Centro Meeting: 07/02/24 11:30 AM 1275 Main Street Department: City Council
El Centro, CA 92243 Category: Presentation
Prepared By: Cynthia De Zilwa
SCHEDULED Department Head: Sylvia Marroquin
PRESENTATION (ID # 6344) DOC ID: 6344
National Parks and Recreation Month - July 2024
3 Packet Pg. 8
City Council of the City of El Centro Meeting: 07/02/24 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Presentation
Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
INFORMATION ITEM (ID # 6434) DOC ID: 6434
Presentation of the Imperial Valley 9/11 Memorial Event & Stair Climb
DISCUSSION:

The Imperial Valley 9/11 Memorial Stair Climb is a way for the community to remember those who made the ultimate sacrifice on September 11, 2001. Each participant climbs or walks the equivalent of the 110 stories of the World Trade Center carrying the name and photo of a fallen hero to symbolically complete the climb. 4 Packet Pg. 9
City Council of the City of El Centro Meeting: 07/02/24 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Minutes
Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
ACTION ITEM (ID # 6440) DOC ID: 6440
Approval of City Council Minutes of June 18, 2024 and June 24, 2024.

CITY MANAGER’S RECOMMENDATION:

Approval of City Council Minutes of June 18, 2024 and June 24, 2024.

ATTACHMENTS:
· 06-18-2024 Regular CC Minutes (PDF)
· 6-24-2024 Adj. Regular Meeting CC Minutes (PDF)
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Book 37

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REGULAR MEETING

EL CENTRO CITY COUNCIL

CITY HALL, COUNCIL CHAMBERS
1275 MAIN STREET, EL CENTRO, CA
TUESDAY, JUNE 18, 2024, 11:30 A.M.

The El Centro City Council met in a regular session on Tuesday, June 18, 2024 at 11:37 a.m. in Conference Room A, El Centro City Hall, 1275 W. Main Street, El Centro, California for the purpose of closed session.

PRESENT: Council: Oliva, Marroquin, Carter
City Clerk Wyles, City Manager Ceseña, City Attorney Martyn Evans ABSENT: Council: Garcia (arrived at 11:41 a.m.), Cardenas-Singh (arrived at 11:48 a.m.)

CLOSED SESSION PUBLIC COMMENT
None

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

EXISITING LITIGATION:

Closed Session pursuant to Govt. Code Section 54956.9(d)(1): Aaron Reel v. City of El Centro (case update).

ANTICIPATED LITIGATION:

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

CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS:

Property: APN 054-310-037.

Agency negotiators: City Manager and Community Services Director Negotiating party: Rove Engineering
Under negotiation: price and terms
Motion carried.

Closed Session was adjourned to Monday, June 24, 2024 at 11:00 a.m.

City Council recessed to 6:00 p.m.

OPEN SESSION
The El Centro City Council met in a regular session on Tuesday, June 18, 2024 at 6:00 p.m. in Council Chambers, El Centro City Hall, 1275 Main Street, El Centro, California.

PRESENT: Council: Cardenas-Singh, Oliva, Marroquin, Garcia, Carter City Clerk Wyles, City Manager Ceseña, City Attorney Martyn Evans

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Attachment: 06-18-2024 Regular CC Minutes (6440 : Approval of City Council Minutes) Book 37

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Pledge of Allegiance to the flag of the United States of America was led by Council Member Garcia and Invocation was given by Council Member Carter.

CITY ATTORNEY REPORT ON CLOSED SESSION
No reportable action at this time.

This meeting will be adjourned to Monday, June 24, 2024 in order to continue closed session.

PUBLIC COMMENTS
Public comments were made by Robert Williams.

PRESENTATIONS AND ANNOUNCEMENTS BY MAYOR

1. Proclamation for Alzheimer’s and Brain Awareness Month June 2024 received by Agnes Zsigovics.

2. Imperial Valley LGBT Resource Center – Pride Month received by Rosa Diaz. Public comments were received by Marty Ellett.

CONSENT AGENDA (ITEMS 3-9)
Moved by Marroquin, second by Carter, approving consent items # 3-9.

3. Approval of Warrant Registers for the Month of May 2024.

4. Approval of Payroll Registers for the Month of May 2024.

5. Approval of Treasurer’s Report for the Month of May 2024.

6. Approval of City Council Minutes of June 4, 2024.

7. Acceptance of Mrs. Sedalia Sanders resignation from the Personnel Appeals Board effective immediately with regrets, and authorize City Clerk to advertise the unscheduled vacancy.

8. Adoption of Resolution No. 24-51, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO, CALIFORNIA, REJECTING BIDS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT FAÇADE IMPROVEMENT PROGRAM.

9. Adoption of Resolution No. 24-52, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING AN AGREEMENT WITH FIVE COMPANIES: MICHAEL BAKER

INTERNATIONAL (MBI), RICK ENGINEERING CHAMBERS GROUP, RECON

ENVIRONMENTAL AND HARRIS & ASSOCIATES FOR AS-NEEDED ENVIRONMENTAL CONSULTING SERVICES.

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

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Attachment: 06-18-2024 Regular CC Minutes (6440 : Approval of City Council Minutes) Book 37

Page 228 ends

NEW BUSINESS

10. Presentation by Karla Chaparro, Director of Finance, Transportation Development Act Program Claims.

Moved by Garcia, second by Cardenas-Singh, authorized the filing of the fiscal year 2023-2024 claims with Imperial County Transportation Commission (ICTC) for Public Transportation pursuant to:

1. Article 8(e) of the Public Utilities code for bus benches/shelter in the amount of $18,962, 7th/State Street bus terminal in the amount of $55,000, and for the regional maintenance and upkeep for benches/shelter in the amount of $25,000 for a grand total of $98,962.

2. Article 3 of the Public Utilities code for bicycle and pedestrian facilities in the amount of $40,592.

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

11. Presentation by Adriana Nava, Community Services Director, discussion and any necessary action to award of bid and authorizing the execution of a contract for the Emergency Replacement of Electrical Conduits and Associated Pumps at Bucklin Park.

Motion amended by Council Member Garcia for staff to expend all possible ARPA and any remaining balance to dip into Measure P.

Moved by Garcia, second by Oliva, adoption of Resolution No. 24-53, RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF EL CENTRO AWARDING THE BID AND AUTHORIZING THE

EXECUTION OF A CONTRACT FOR THE EMERGENCY REPLACEMENT OF ELECTRICAL CONDUITS AND ASSOCIATED PUMPS AT BUCKLIN PARK.

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

LEGISLATIVE
None

INFORMATION ITEM

12. Received Old City Library Electrical Emergency Repairs report.

13. Received and referred to Community Development Department, Application for Alcoholic Beverage License – El Centro Travel Center, LLC. 550 Wake Ave. #B, El Centro, CA 92243-9721.

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

CITY MANAGER REPORT
Reported on activities.

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Attachment: 06-18-2024 Regular CC Minutes (6440 : Approval of City Council Minutes) Book 37

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ADJOURNMENT
With no further business the meeting was adjourned to Monday, June 24, 2024 at 11:00 a.m. __________________________
Norma Wyles, City Clerk
APPROVED BY:
________________________________
Sylvia Marroquin, Mayor

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Attachment: 06-18-2024 Regular CC Minutes (6440 : Approval of City Council Minutes) Book 37

Page 230 ends

ADJOURNED REGULAR MEETING

EL CENTRO CITY COUNCIL

CONFERENCE ROOM A
1275 W MAIN STREET, EL CENTRO, CA
TUESDAY, JUNE 24, 2024 11:00 A.M.

The El Centro City Council met in adjourned regular session on Tuesday, June 24, 2024 at 11:07 a.m. in Conference Room A, 1275 W. Main Street, El Centro, California.

PRESENT: Council: Cardenas-Singh, Oliva, Marroquin, Garcia City Clerk Wyles, City Manager Ceseña, City Attorney Martyn Evans (via Zoom) ABSENT: Council Member: Carter

CLOSED SESSION PUBLIC COMMENT
No comments.

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

EXISTING LITIGATION
Closed Session pursuant to Govt. Code Section 54956.9(d)(1): Aaron Reel v. City of El Centro (case update).

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

CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: APN 054-310-037
Agency Negotiators: City Manager and Community Services Director Negotiation Party: Rove Engineering
Under Negotiation: Price and terms

CITY ATTORNEY REPORT ON CLOSED SESSION
No reportable action.

ADJOURNMENT
With no further business to be discussed the meeting was adjourned at 1:30 p.m. ______________________________
Norma Wyles, City Clerk
APPROVED BY:
_________________________________
Sylvia Marroquin, Mayor

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Attachment: 6-24-2024 Adj. Regular Meeting CC Minutes (6440 : Approval of City Council Minutes) City Council of the City of El Centro Meeting: 07/02/24 11:30 AM 1275 Main Street Department: Engineering Division
El Centro, CA 92243 Category: Resolution
Prepared By: Elizabeth Zarate
SCHEDULED Department Head: Abraham Campos
ACTION ITEM (ID # 6153) DOC ID: 6153
Right of Way/ Abandonment of Imperial and Wake Avenue
CITY MANAGER’S RECOMMENDATION:

Adopt Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO ORDERING THE SUMMARY ABANDONMENT OF THE RIGHT OF WAY LOCATED ON A PORTION OF TRACT 86 TOWNSHIP 16 SOUTH, RANGE 14 EAST, SAN

BERNARDINO MERIDIAN, GENERALLY LOCATED ALONG THE SOUTHEAST QUADRANT OF THE IMPERIAL AVENUE AND INTERSTATE 8 INTERSECTION IN THE CITY OF EL CENTRO
FISCAL IMPACT:

None
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

None
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

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

N/A
BACKGROUND:

In 1990, the owner of the property lying South East of the Imperial Avenue and Interstate 8 freeway recorded a road right of way in favor of the City along its property that would have allowed Imperial Avenue to continue south via a small intersection in the now demolished ramp to the old bridge.

DISCUSSION:

Said right-of-way was never developed or utilized. In addition, the alignment was not in the location needed to accommodate the currently built bridge. As such, staff recommends the ROW be summarily vacated pursuant to Streets and Highway Code, Section 8333 and 8335.

Letters were sent to utility owners and responses have been received as attached to this report. All utilities had no objection to the vacation of easement. Existing easement for IID will remain in place.

CONCLUSION:

Adopt Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO ORDERING THE SUMMARY ABANDONMENT OF THE RIGHT OF WAY LOCATED ON A PORTION OF TRACT 86 TOWNSHIP 16 SOUTH, RANGE 14 EAST, SAN

BERNARDINO MERIDIAN, GENERALLY LOCATED ALONG THE SOUTHEAST QUADRANT OF THE IMPERIAL AVENUE AND INTERSTATE 8 INTERSECTION IN THE CITY OF EL CENTRO
6 Packet Pg. 16
Action Item (ID # 6153) Meeting of July 2, 2024
ATTACHMENTS:
· Exh A and B - ROW Abandonment - 05-08-24 (PDF)
· Resolution 06.24.24 (PDF)
· AT&T - Imperial Ave and Wake Ave - No Objection Letter (PDF) · IID Electrical - Imperial Ave and Wake Ave - No Objection Response (PDF) · IID Irrigation - Imperial Ave and Wake Ave - No Objection Response (PDF) · IVTA - Imperial Ave and Wake Ave - No Objection Response (PDF) · SoCal Gas - Imperial Ave and Wake Ave - No Objection Response (PDF) · Spectrum - Imperial Ave and Wake Ave - No Objection Response (PDF) 6 Packet Pg. 17
Exhibit l-AlRIght of Way Abandorment
Legal Description:

That portion of Tract 86, Township 1 6 South, Range 14 East, San Bemardino Meridian, granted to the City ofEI Centro Febmary 15, 1990 as創e no. 90-2849 in book 1642, Page 687 ofo飾cial records ofthe County of Imperial, State of Califomia, lying south ofthe north line ofParce1 35508-4 as conveyed to the State of Califomia per Final Order of Condermation recorded O9-06-201 9 as Instrument No. 2019-016862.

Subject thereto all easements of record including the easement granted to the Imperial Irrigation District recorded Ol -26-202l as Instrument No. 2021 -000272.

Said area containing O.99 acres, mOre Or less.

As shown on Exhibit ’’B’’, attaChed hereto and by this reference made a part hereof r-もーや上し
Page l ofl

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Attachment: Exh A and B - ROW Abandonment - 05-08-24 (6153 : Right of Way/Abandonment of Imperial and Wake Avenue)

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Attachment: Exh A and B - ROW Abandonment - 05-08-24 (6153 : Right of Way/Abandonment of Imperial and Wake Avenue) 03/2024/cdz/A24-0053/Reso/ROWAbandonmentImperialWakeAve RESOLUTION NO. 24 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

EL CENTRO ORDERING THE SUMMARY

ABANDONMENT OF THE RIGHT OF WAY LOCATED ON
A PORTION OF TRACT 86 TOWNSHIP 16 SOUTH, RANGE
14 EAST, SAN BERNARDINO MERIDIAN, GENERALLY

LOCATED ALONG THE SOUTHEAST QUADRANT OF
THE IMPERIAL AVENUE AND INTERSTATE 8

INTERSECTION IN THE CITY OF EL CENTRO
WHEREAS, pursuant to the provision of Streets & Highways Code Section 8333(a), the City of El Centro would like summarily to vacate a portion of a public service easement that has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation pursuant to the provisions of Streets & Highways; and
WHEREAS, pursuant to those provisions, staff has requested that City of El Centro City Council to consider ordering such summary vacation of that particular property located in the City of El Centro, County of Imperial, State of California, as more particularly described in Exhibit “A”, attached and incorporated; and
WHEREAS, the Gas Company, Imperial Irrigation District (IID), AT&T, Spectrum Cable and Imperial Valley Telecommunications Authority (IVTA) have stated that they do not require additional easement reservations.

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, from all the evidence submitted, that such summary vacation is unnecessary for present or prospective public use.

3. That the summary vacation is consistent with the adopted El Centro General Plan.

4. That from and after the date this Resolution is recorded, the area described in Exhibit “A” shall no longer constitute an “easement” as defined in Section 8335(a)(1) of the California Streets and Highways Code.

5. That the City Manager is authorized and directed to sign any and all documents, if any, needed to vacate the easement.

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Attachment: Resolution 06.24.24 (6153 : Right of Way/Abandonment of Imperial and Wake Avenue) 03/2024/cdz/A24-0053/Reso/ROWAbandonmentImperialWakeAve

6. That the City Clerk is hereby directed to file for recording with the Imperial County Recorder a certified copy of this Resolution, attested by 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 , 2024.

CITY OF EL CENTRO
By _____________________
Sylvia Marroquin, 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. 24- 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 , 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

By__________________________
Norma Wyles, City Clerk

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Attachment: Resolution 06.24.24 (6153 : Right of Way/Abandonment of Imperial and Wake Avenue) January 10, 2024
Liz Zarate
307 Brighton Ave
El Centro, CA 92243
760-337-6438
[email protected]
Re: Vacating Public Utility Easement - Imperial Ave and Wake Ave Tract 86 Lot Line Adjustment No. 23-03

This is in response to your inquiry on 12/20/2024 regarding the Easement Vacation/Abandonment consent at Imperial Ave and Wake Ave.

We have determined that AT&T California has no existing facilities within the proposed vacation and have no objection to the vacation/ abandonment of the Public
Thank you for your notification of this request. If you should require additional information, please contact me.

Respectfully,
Alexandra Butsko
Manager OSP Planning & Engineering - Right of Way
AT&T Technology Operations, C&E
7337 Trade St. San Diego CA 92121
c 858.200.6944 |o 714.618.9162 | [email protected]
Cc: [Cheryl Saenz]

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Attachment: AT&T - Imperial Ave and Wake Ave - No Objection Letter (6153 : Right of Way/Abandonment of Imperial and Wake Avenue)

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Attachment: IID Electrical - Imperial Ave and Wake Ave - No Objection Response (6153 : Right of Way/Abandonment of Imperial and Wake

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Attachment: IID Electrical - Imperial Ave and Wake Ave - No Objection Response (6153 : Right of Way/Abandonment of Imperial and Wake

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Attachment: IID Electrical - Imperial Ave and Wake Ave - No Objection Response (6153 : Right of Way/Abandonment of Imperial and Wake 1 Liz Zarate
From: Kilps, John R <[email protected]>
Sent: Thursday, February 8, 2024 12:04 PM
To: Liz Zarate
Subject: RE: Vacating Public Utility Easement - Imperial Ave and Wake Ave - Utility Review - IID Irrigation CAUTION: This email originated from outside of the City of El Centro. Do not click links or open attachments unless you recognize the sender and know the content to be safe.

Hi Liz,
I was working with Jorge Pacheco at IID Real Estate in review of this PUE vacation. IID Water Dept is aware the City no longer needs this PUE with reconfiguration of the I-8 Imperial Ave interchange.

A new 80-foot easement has been provided for IID by Caltrans in this area. The proposed City PUE vacation will not affect IID Water Department; no impact.

John Kilps, PE
Principal Engineer
Water Department
Imperial Irrigation District
(760) 339-9189
[email protected]
From: Liz Zarate <[email protected]>
Sent: Wednesday, February 7, 2024 4:06 PM
To: Kilps, John R <[email protected]>
Subject: RE: Vacating Public Utility Easement - Imperial Ave and Wake Ave - Utility Review - IID Irrigation [CAUTION] This email originated from outside of the IID. Do not reply, click on any links or open any attachments unless you trust the sender and know the content is safe.

Hello John,
Just following up on this request. Can you give me an update? Thank you,
Liz Zarate, M.P.A. | Public Works Analyst I
City of El Centro | 307 W. Brighton Ave, El Centro, CA 92243 Office 760.337.4505 Ext. 3310

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Attachment: IID Irrigation - Imperial Ave and Wake Ave - No Objection Response (6153 : Right of Way/Abandonment of Imperial and Wake 2 [email protected] | www.cityofelcentro.org
From: Liz Zarate <[email protected]>
Sent: Wednesday, December 20, 2023 3:04 PM
To: '[email protected]' <[email protected]>
Cc: Felix De Leon Jr <[email protected]>; Abraham Campos <[email protected]>; Rocio Ruelas <[email protected]>
Subject: Vacating Public Utility Easement - Imperial Ave and Wake Ave - Utility Review - IID Irrigation Hello,
The City of El Centro is considering vacating a Public Utility Easement. Please refer to the attached letter and exhibits.

Kindly review and provide the City with any comments or concerns within 30 days from receipt of this notice.

Regards,
Liz Zarate, M.P.A. | Public Works Analyst I
City of El Centro | 307 W. Brighton Ave, El Centro, CA 92243 Office 760.337.4505 | Direct 760.337.6438
[email protected] | www.cityofelcentro.org
#WeAreElCentro

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Attachment: IID Irrigation - Imperial Ave and Wake Ave - No Objection Response (6153 : Right of Way/Abandonment of Imperial and Wake 1 Liz Zarate
From: Michael Kahler <[email protected]>
Sent: Thursday, December 21, 2023 3:41 PM
To: Liz Zarate; Luis Alejandro Wong
Cc: Felix De Leon Jr; Abraham Campos; Rocio Ruelas
Subject: RE: Vacating Public Utility Easement - Imperial Ave and Wake Ave - Utility Review - Imperial Valley Telecomm
CAUTION: This email originated from outside of the City of El Centro. Do not click links or open attachments unless you recognize the sender and know the content to be safe.

Good morning Ms. Zarate,
Thank you for the communication and the supporting information. IVTA does not have any utilities in the designated area. Please let us know if you need any further information on this matter. Have a great day and Happy Holidays.

Thank you,
Michael B. Kahler
Network Operations Manager
Imperial County Office of Education
4202 Sperber Road
El Centro, CA. 92243
Office….760.312.6564
Cell….760.222.6453


"Confidentiality Notice: The contents of this email are intended solely for the recipient(s) and are protected by law. If you are not the intended recipient, please notify the sender immediately and delete this email. Any unauthorized use, dissemination, or copying of this email or its contents is strictly prohibited." From: Liz Zarate <[email protected]>
Sent: Wednesday, December 20, 2023 12:28 PM
To: Michael Kahler <[email protected]>; Luis Alejandro Wong <[email protected]> Cc: Felix De Leon Jr <[email protected]>; Abraham Campos <[email protected]>; Rocio Ruelas <[email protected]>
Subject: Vacating Public Utility Easement - Imperial Ave and Wake Ave - Utility Review - Imperial Valley Telecomm Hello,
The City of El Centro is considering vacating a Public Utility Easement. Please refer to the attached letter and exhibits.

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Attachment: IVTA - Imperial Ave and Wake Ave - No Objection Response (6153 : Right of Way/Abandonment of Imperial and Wake Avenue) 2 Kindly review and provide the City with any comments or concerns within 30 days from receipt of this notice.

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Attachment: IVTA - Imperial Ave and Wake Ave - No Objection Response (6153 : Right of Way/Abandonment of Imperial and Wake Avenue) City of El Centro, County of Imperial
Attn: Abraham Compos, P.E.

Public Works Director and City Engineer
City of El Centro
Subject:

Jared Gauthier
Distribution Right of Way Department
SoCalGas
cc: City Clerk
City of El Centro, County of Imperial
We have received notice of the resolution of intention to vacate the above-named street(s) pursuant to California Streets and Highways Code Section 8320.

Southern California Gas Company does not maintain gas piping facilities within the area of this proposed street vacation. A location print is enclosed for your reference.

When the resolution and/or ordinance have been recorded, please send a copy to us so that we may update our records and mapping.

Thank you for bringing this matter to our attention. Should you have any questions or require additional information, please contact our Right of Way desk at (213) 231-5613.

Sincerely,
SoCalGas
Right of Way
PO Box 3003, SC8031
Redlands, CA 92373-0306
12/26/2023
Proposed PUE Vacation - That certain Public Utility Easement which is located on Tract 86 per proposed Lot Line Adjustment No. 23-03
Vacation Reservation Letter
Review by Legal Dept. Andrew Cheung 12/31/2009

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Attachment: SoCal Gas - Imperial Ave and Wake Ave - No Objection Response (6153 : Right of Way/Abandonment of Imperial and Wake

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Attachment: Spectrum - Imperial Ave and Wake Ave - No Objection Response (6153 : Right of Way/Abandonment of Imperial and Wake

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Attachment: Spectrum - Imperial Ave and Wake Ave - No Objection Response (6153 : Right of Way/Abandonment of Imperial and Wake

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Attachment: Spectrum - Imperial Ave and Wake Ave - No Objection Response (6153 : Right of Way/Abandonment of Imperial and Wake City Council of the City of El Centro Meeting: 07/02/24 11:30 AM 1275 Main Street Department: Engineering Division
El Centro, CA 92243 Category: Change Order
Prepared By: Felix De Leon
SCHEDULED Department Head: Abraham Campos
ACTION ITEM (ID # 6430) DOC ID: 6430
The Approval of Contract Change Order #2 for the
Commercial Ave. Improvements Project
CITY MANAGER’S RECOMMENDATION:

Approve the execution of Contract Change Order #2 in the amount of $137,702.50 and approve a revised budget as presented for the Commercial Ave. Improvements Project FISCAL IMPACT:

No Impact to the General Fund
Funding approved by council on April 16th, 2023
SB1LPP (401-3277-710106) $ 460,439.90
LTA MEASURE D (205-3277-710106) $ 460,439.90
Total $ 920,879.80
Request
SB1LPP (401-3277-710106) $ 497,352.15
LTA MEASURE D (205-3277-710106) $ 497,352.15
Total $ 994,704.30
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. Action 2.13 Implement 2015/2016 Pavement Management System Plan which consists of recommended street repair costs to the City's streets network.

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

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

N/A, contractor is currently under contract
BACKGROUND:

In November 2022, City Staff applied for and was awarded SB1 Local Partnership Program Formulaic funding (SB1LPP) in the amount of $518,000 for road work on Commercial Ave. The grant program requires a 1:1 local match, therefore city staff initially budgeted for a $1,036,000 project.

City staff designed in house the Commercial Ave. Improvements Project to rehabilitate Commercial Avenue from 3rd St. to Dogwood Ave.

On December 5, 2023, City Council awarded the Commercial Avenue Improvements project contract to Pyramid Construction and Aggregates Inc., and authorized the budget as presented in the Fiscal Impact section of said report.

On January 9, 2024, Pyramid Construction and Aggregates Inc., was issued a Notice to 7 Packet Pg. 34
Action Item (ID # 6430) Meeting of July 2, 2024
Proceed.

On January 20, 2024, Pyramid Construction and Aggregates Inc. began construction activities.

On April 4, 2024, City Council Approved Contract Change Order #1 DISCUSSION:

Due to available SB1LPP funding, and due to the funds being specific project area, staff recommends utilizing the funds to extend the pavement rehabilitation and to construct additional items such as curb ramps, curb and gutter, sidewalk, and a driveway to the City's lift station.

The additional costs for Change Order #2 are outside of contract contingencies, however due to the available SB1LPP funding, they are within the project's expected LTA and SB1 budget.

CONCLUSION:

Approve the execution of Contract Change Order #2 in the amount of $137,702.50 and approve a revised budget as presented for the Commercial Ave. Improvements Project.

ATTACHMENTS:
· CCO #2 - Commercial Ave. Improvements Project (PDF)
7 Packet Pg. 35

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Attachment: CCO #2 - Commercial Ave. Improvements Project (6430 : Contract Change Order #2 Commercial Ave. Improvements Project)

CITY OF EL CENTRO
Department of Public Works -Engineering Division
1275 W. Main Street
El Centro CA 92243
Ph. (760) 337-5182 Fax (760) 337-3856

MEMORANDUM
Date: June 17, 2024
From: Felix De Leon Jr., PE – Principal Engineer
Subject: Commercial Ave. Improvements Project
Contract Change Order #2
Item 2.1: Additional Quantity Bid Item No. 4
The actual Tons of ¾” Type-A Hot Mix Asphalt installed under Bid Item number 4 went over the bid quantity amount by 108.3 Tons. The total tonnage installed was reviewed by staff and fell within 4% of the estimated quantity which is considered reasonable. Item 2.1 is to account for the additional cost amount of $13,537.50 paid under Bid Item no. 4.

Item 2.2: RFCO #2 for Additional Pavement and Concrete Items within the project limits.

The City of El Centro requested a quote to repair the pavement at the intersection of 3rd St. and Commercial Ave. with a 2.5” grind and 2.5” Overlay of ¾” Type-A HMA as well as to construction two curb ramps, curb and gutter, and sidewalk along Commercial Ave. within the project limits. The attached RFCO #2 which provides a breakdown of the necessary activities was reviewed by staff and found to be reasonable.

Item 2.3:

Additional 10 Calendar Days at no incurring costs to the City of El Centro Included in the RFCO #2 is a request for 10 additional calendar days at no additional costs to the City of El Centro. The project was placed under suspension at the end of the April 12th, 2024 work day, with suspension ending June 30th ,2024. With the approval of the additional 10 Calendar days, the date of completion would be revised to July 31, 2024.

Thank you,
Felix De Leon Jr., PE
Principal Engineer
(To be Attached to Contract Change Order #2)

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Attachment: CCO #2 - Commercial Ave. Improvements Project (6430 : Contract Change Order #2 Commercial Ave. Improvements Project)

REQUEST FOR CHANGE ORDER
CHANGE ORDER INITIATED BY (check one) PROJECT NAME Commercial Ave PCAI OWNER X CONTRACT NO.

REQUEST CHANGE ORDER NO. 2
Item Cost Code Description Approx.

Quantity
Unit
Measure
Unit Price
1 LS $ 6,000.00
1 LS $ 9,000.00
1 LS $ 1,000.00
1 LS $ 1,500.00
1 LS $ 1,500.00
75 Ton $ 95.00
1 LS $ 2,000.00
1 LS $ 14,000.00
1 LS $ 5,000.00
1 LS $ 5,000.00
1 LS $ 5,000.00
90 LF $ 57.50
3 EA $ 6,555.00
1250 SF $ 13.00
9 Ea $ 1,000.00
2 Ea $ 2,000.00
1 EA $ 3,000.00
1 EA $ 2,000.00
265 SF $ 30.00
$ -
$ -
$ -
It is understood and agreed by the parties hereto that the forgoing change in contract amount constitutes full compensation for all the changes in the contract work as set forth in this change order. By reason of this change order the time permitted for performance of the contract by the contractor is herby extended (or reduced) by 10 working days.
$ 124,165.00
$ 9,000.00
$ 4,000.00
$ 3,000.00
$ 2,000.00
$ 7,950.00
$ -
$ -
$ -
This Change Order
Adjust Utilities
Restipe stop bars and legend
Geotechnical testing
Monument Preservation
Driveway at Lift Station
Asphalt $ -
Flaggers/Traffic Control
Grinder
Grindings/ Trucking
Water Truck for Grinding
Sweep $ 1,500.00
Approx. Amount
$ 6,000.00
$ 9,000.00
$ 1,000.00
$ 1,500.00
Buy $ 7,125.00
Truck $ 2,000.00
Placing Asphalt $ 14,000.00
Prep Concrete
Dig and Prep Curb
Dig and Prep Handicap
Dig and Prep Sidewalk
Sidewalk
Concrete
Curb and Gutter
Handicap Ramp
$ -
$ 5,000.00
$ 5,000.00
$ 5,000.00
$ 16,250.00
$ -
$ 5,175.00
$ 19,665.00

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Attachment: CCO #2 - Commercial Ave. Improvements Project (6430 : Contract Change Order #2 Commercial Ave. Improvements Project) All other terms and conditions of the contract remain uncharged IN WITNESS WHEREOF, the parties have executed this Change Order on the day and year hereinafter written.

OWNER PYRAMID CONTRUCTION AND AGGREGATES, INC.

By: By:

Title: Title: Project Manager
Date: Date: 6.12.24

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Attachment: CCO #2 - Commercial Ave. Improvements Project (6430 : Contract Change Order #2 Commercial Ave. Improvements Project) City Council of the City of El Centro Meeting: 07/02/24 11:30 AM 1275 Main Street Department: Engineering Division
El Centro, CA 92243 Category: Agreement
Prepared By: Hector Salcedo
SCHEDULED Department Head: Abraham Campos
ACTION ITEM (ID # 6435) DOC ID: 6435
The approval of the Program Supplement Agreement for
ATPL-5169 (060) Related to the 2023 ATP Cycle 5
Improvements Project
CITY MANAGER’S RECOMMENDATION:

Adopt Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 00000A603 TO THE ADMINISTERING AGENCY-STATE AGREEMENT FOR STATE FUNDED PROJECTS NO. 11-5169S21 WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION.
\FISCAL IMPACT:

No impact to the General Fund. Funding to supplement the 2023 ATP Cycle 5 Improvements Project in the amount of $882,000 for Construction Activities. Estimated costs are as follows:

Purpose State STIP Local Match Total funding
FY24/25 Construction $882,000 $1,378,908 $2,260,908
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #2 Environmental Sustainability & Infrastructure; Action 2.5 Implement Mobility Element recommendations, such as pedestrian crosswalk treatment criteria, Local Road Safety Plan, neighborhood traffic calming program and Action 2.8: Ensure that infrastructure is thoughtfully designed and maintained to meet the current and future needs of the community while minimizing negative financial impacts.

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

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

N/A
BACKGROUND:

City Staff applied and received allocations of State STIP funds in the amount of $882,000 to Improve pedestrian safety through the installation of traffic control devices, sidewalks, and curb ramps, and pavement markings including pedestrian crosswalks at various intersections on Imperial Ave including Imperial Ave & Barbara Worth Dr, Imperial Ave & Holt Ave, Imperial Ave & Pepper Dr, Imperial Ave & Main St, Imperial Ave & State St, Imperial Ave & Hamilton Ave, and Imperial Ave & Ross Ave.

DISCUSSION:

A Program Supplement Agreement is necessary to proceed with submitting reimbursement invoices to obtain the grant funding. The attached program supplement 8 Packet Pg. 40
Action Item (ID # 6435) Meeting of July 2, 2024
agreement was sent by Caltrans and is typical with every Caltrans State and Federal Project and is in accordance with Article I of the Master Agreement between the California Department of Transportation and the City of El Centro.

Currently, the project design phase is complete, with expected construction bid advertisement in September 2024.

CONCLUSION:

TRANSPORTATION
ATTACHMENTS:
· RESOLUTION NO. 24- (PDF)
· EXHIBIT A - ATPL-5169 (060) PSA(PDF)
8 Packet Pg. 41
06/2024/cdz/A24-0101/Reso/ProgSupplementAgrmtState
FundedProjectsNo11-5169S1
RESOLUTION NO. 24 –

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING PROGRAM SUPPLEMENT AGREEMENT NO.
00000A603 TO THE ADMINISTERING AGENCY-STATE
AGREEMENT FOR STATE FUNDED PROJECTS NO. 11-5169S21

WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION
WHEREAS, the Administering Agency-State Agreement for State Funded Projects, No. 11-5169S21 (the “Agreement”) between the City of El Centro, California (the “City”) and the California Department of Transportation (“CalTrans”) covers the general requirements of all state funded projects for the implementation of projects and the maintenance of the completed facilities; and
WHEREAS, the City has been awarded $882,000.00 for the 2023 ATP Cycle 5 Improvements Project (the “Project”); and
WHEREAS, in order to receive this additional funding, it is necessary for the City Council of the City of El Centro, California (the “City Council”) to approve Program Supplement Agreement No. 00000A603 to the Master Agreement (the “Supplement Agreement”) for the 2023 ATP Cycle 5 Improvements Project (the “Project”); and
WHEREAS, the City Council finds that its approval of the Supplement Agreement 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 of the City of El Centro, California, does hereby approve the Supplement Agreement with CalTrans for additional funding for the Project.

3. That the City Manager is hereby authorized to sign the Supplement Agreement, identified as Exhibit “A”, a copy of which is on file in the office of the City Clerk, on behalf of the City.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on the day of , 2024.

CITY OF EL CENTRO
By _______________________
Sylvia Marroquin, Mayor

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Attachment: RESOLUTION NO. 24- (6435 : Program Supplement Agreement for ATPL-5169 (060) ATP Cycle 5) 06/2024/cdz/A24-0101/Reso/ProgSupplementAgrmtState
FundedProjectsNo11-5169S1
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. 24 - was duly and regularly adopted a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

By
Norma Wyles, City Clerk

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Attachment: RESOLUTION NO. 24- (6435 : Program Supplement Agreement for ATPL-5169 (060) ATP Cycle 5) 6/10/2024

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Attachment: EXHIBIT A - ATPL-5169 (060) PSA (6435 : Program Supplement Agreement for ATPL-5169 (060) ATP Cycle 5)

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Attachment: EXHIBIT A - ATPL-5169 (060) PSA (6435 : Program Supplement Agreement for ATPL-5169 (060) ATP Cycle 5)

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Attachment: EXHIBIT A - ATPL-5169 (060) PSA (6435 : Program Supplement Agreement for ATPL-5169 (060) ATP Cycle 5)

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Attachment: EXHIBIT A - ATPL-5169 (060) PSA (6435 : Program Supplement Agreement for ATPL-5169 (060) ATP Cycle 5) City Council of the City of El Centro Meeting: 07/02/24 11:30 AM 1275 Main Street Department: Engineering Division
El Centro, CA 92243 Category: Agreement
Prepared By: Felix De Leon
SCHEDULED Department Head: Abraham Campos
ACTION ITEM (ID # 6424) DOC ID: 6424
The Approval of the Rule 310 Frazier Field Funding
Agreement
CITY MANAGER’S RECOMMENDATION:

Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO APPROVING A FUNDING AGREEMENT WITH THE IMPERIAL COUNTY

AIR POLLUTION CONTROL DISTRICT FOR THE PAVING OF FRAZIER FIELD

PARKING LOT
FISCAL IMPACT:

No Impact to the General Fund.

ICAPCD Rule 310 Funding: $342,012
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #4, Recreation & Lifelong Learning, Action 4.5: Improve parks, recreational amenities, open space, and trail development, and fulfill critical lifecycle and facility maintenance needs.

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

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

N/A
BACKGROUND:

On October 28, 2021 City Staff applied for $342,012 of Imperial County Air Pollution Control District Rule 310 Funding to pave a portion of Frazier Field utilized for parking and utility access between 6th St. and 8th St. The grant seeks to improve air quality by reducing particulate matter and other airborne contaminants.

DISCUSSION:

The Imperial County Air Pollution Control District has awarded and prepared a Funding Agreement between the City and ICAPCD for the distribution of the funding ($342,012).

This agreement needs to be executed for the city to receive the funding for the project.

CONCLUSION:

Resolution No. 24- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO APPROVING A FUNDING AGREEMENT WITH THE IMPERIAL COUNTY

AIR POLLUTION CONTROL DISTRICT FOR THE PAVING OF FRAZIER FIELD

PARKING LOT
ATTACHMENTS:
· Funding Agreement - Exhbit A (PDF)
· Reso 24- (PDF)
9 Packet Pg. 48
1 ICAPCD\ AGREEMENT- 2022

FUNDING AGREEMENT
City of El Centro Paving of Frazier Field Parking Lot
THIS FUNDING AGREEMENT (“AGREEMENT”) entered into this _______ day of _________________, 2024, is by and between the IMPERIAL COUNTY AIR POLLUTION CONTROL DISTRICT, a political subdivision of the State of California (“ICAPCD”) and the CITY OF EL CENTRO, a political subdivision of the State of California (“CITY”) (individually, “Party” collectively, “Parties”).

RECITALS
WHEREAS CITY submitted an application, and was selected, for Rule 310 mitigation funding in the amount of three hundred forty-two thousand, twelve dollars ($ 342,012.00) from ICAPCD to assist with the paving of a dirt parking lot with 24-foot roadway and 6-foot pedestrian pathway (“PROJECT”) operated by the City of El Centro, in an attempt to mitigate PM10 pollutants resulting from the use of the dirt parking lot; and
WHEREAS ICAPCD believes the CITY request is both cost-effective and provides air quality and health benefits to a large number of citizens in Imperial County; NOW THEREFORE, for and in consideration of the mutual promises set out herein, ICAPCD and CITY have and hereby agree as follows:

1. That this AGREEMENT shall begin upon the execution by both Parties, and shall terminate upon completion of Exhibit “A,” attached hereto and incorporated herein by this reference.

2. CITY represents and warrants that the person executing this AGREEMENT on behalf of CITY has the authority of CITY to sign this AGREEMENT and bind CITY to the performance of all duties and obligations assumed by CITY herein.

3. CITY shall provide all materials and labor to perform the work outlined in this AGREEMENT and as set forth on Exhibit “A.”

4. CITY shall construct, install, place, and perform all described work in conformance with the California Uniform Building Code and all other applicable statutes, rules and regulations.

5. CITY, on its own behalf, and on the behalf of its agents and employees, agrees that CITY is acting as an independent contractor and not as an agent, officer, or employee of ICAPCD.

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Attachment: Funding Agreement - Exhbit A (6424 : Rule 310 Frazier Field Funding Agreement) 2 ICAPCD\ AGREEMENT- 2022

6. In no event shall ICAPCD be obligated to pay out funds to, or on behalf of, CITY in an amount greater than three hundred forty-two thousand, twelve dollars ($342,012.00) for the paving of the PROJECT, payable upon full execution of this AGREEMENT and Exhibit “A.” Payment of the award amount shall be made directly to CITY. CITY also agrees that work done prior to the execution of this AGREEMENT is at CITY’s own cost and expense.

7. CITY represents and warrants that any employee, contractor, subcontractor, or agent who will be performing any of the duties and obligations required by this AGREEMENT shall possess all required licenses and authorities, as well as the experience and training, to perform such tasks.

8. The Parties agree that time is of the essence in the completion of the PROJECT, and that ICAPCD shall monitor all progress related to the CITY to ensure it is completed in a timely fashion. For purposes of this AGREEMENT, “timely fashion” shall mean the PROJECT shall be completed as specified in Exhibit “A.” Any requests for extensions of time to perform in a timely fashion shall be in writing and forwarded to the attention of the ICAPCD’s Air Pollution Control Officer. All requests shall outline the factual basis for the extension request.

9. CITY shall submit periodic status reports to ICAPCD’s Air Pollution Control Officer that illustrate CITY’s progress toward completion of the PROJECT.

10. As between ICAPCD and CITY, CITY is deemed responsible and liable for, and CITY shall indemnify and hold harmless and defend, ICAPCD and any and all of its officers, agents, servants, or employees, against any and all claims, loss, damage, charge, or expense, including attorney’s fees and costs, whether direct or indirect, to which ICAPCD or such officers, agents, servants, or employees may be put or subject, by reason of any damage, loss, or injury of any kind or nature whatever, to persons or property, caused by or resulting from or in connection with any negligent act or action, or any neglect, or failure to act, when under a duty to act, on the part of CITY, in its performance hereunder.

In addition to any remedy authorized by law, so much of the money due to the CITY under this AGREEMENT as shall be considered necessary by ICAPCD, may be retained until disposition has been made of any claim for damages.

11. Nothing herein contained shall be construed to create, and the Parties hereto expressly disclaim any intent to create, any form of agency relationship, joint venture or partnership.

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Attachment: Funding Agreement - Exhbit A (6424 : Rule 310 Frazier Field Funding Agreement) 3 ICAPCD\ AGREEMENT- 2022

12. If any term or provision of this AGREEMENT, or the application of such provision to a particular situation, is held by a court of competent jurisdiction to be void, invalid, or otherwise unenforceable, the remaining terms and provisions shall continue in full force and effect.

13. If any material provision of this AGREEMENT, or the application of such provision to a particular situation, is held by a court of competent jurisdiction to be void, invalid or otherwise unenforceable, then the Party claiming the benefit of such provision may, upon written notice to the other party, terminate this AGREEMENT.

14. This AGREEMENT is made and entered into in Imperial County, California. This AGREEMENT shall be construed and enforced in accordance with the laws of the State of California, except that the Parties agree that any action brought by either Party regarding this AGREEMENT shall be brought in a court of competent jurisdiction in Imperial County or, if appropriate, in the Federal District Court serving Imperial County.

15. The Parties hereto agree to act in good faith and deal fairly with the other Party in the performance of this AGREEMENT.

16. Notices required hereunder shall be in writing and may be given either personally or U.S. Mail. Notice personally given shall be deemed given when delivered to the Party to whom the notice is addressed. Any Party may upon ten (10) days written notice to the other Party, change the address where notices are to be sent.

NOTICES TO COUNTY
Imperial County Air Pollution Control District
150 South Ninth Street
El Centro, CA 92243
Telephone: 442/265-1800
Facsimile: 442/265-1799
Attn: Belen Leon, Air Pollution Control Officer
Clerk of the Board of Supervisors
940 Main Street Ste. 209
El Centro, CA 92243
Telephone: 442/265-1020
Facsimile: 442/265-1027
Attn: Blanca Acosta, Clerk of the Board of Supervisors

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Attachment: Funding Agreement - Exhbit A (6424 : Rule 310 Frazier Field Funding Agreement) 4 ICAPCD\ AGREEMENT- 2022

NOTICES TO CITY
City of El Centro
1275 Main Street
El Centro, CA 92243
Telephone: (760) 355-5182
Attn. Abraham Campos

17. This AGREEMENT constitutes the full and complete agreement between the Parties. All prior agreements and understandings with respect to the subject matter of this AGREEMENT are merged herein. This AGREEMENT may be executed in counterparts.

18. The Parties have and hereby agree that the indemnification provision set forth at Paragraph 10 of this AGREEMENT is a material factor in the ICAPCD Board of Directors’ approval of this AGREEMENT. Notwithstanding anything in this AGREEMENT to the contrary, the full execution by CITY and the delivery of this AGREEMENT to ICAPCD is a condition precedent to the effectiveness of this AGREEMENT.

19. Any failure by either Party to perform any term or provision of this AGREEMENT, which failure continues uncured for a period of thirty (30) days following written notice of such failure from the other Party, unless such period is extended by mutual written consent, shall constitute a default under this AGREEMENT. Any notice given pursuant to this section shall specify the nature of the alleged failure and, where possible, the manner in which the failure may be satisfactorily cured.

20. Upon failure to cure as herein provided, the party alleging the failure may terminate this AGREEMENT or institute legal or equitable proceedings to enforce this AGREEMENT.

21. CITY shall not have the right to transfer all or any portion of its interest, rights and obligations under this AGREEMENT except in conjunction with the transfer of a like interest in the CITY.

Any transfer of an equity interest in the CITY shall require assumption by the transferee of a proportional part of the rights and obligations hereunder. Notwithstanding such transfer, CITY shall remain responsible for the full performance of the rights and obligations imposed upon CITY herein.

22. The Parties acknowledge that this AGREEMENT has been negotiated at arm’s length.

Legal counsel for both ICAPCD and CITY have been provided the opportunity to review this AGREEMENT, and no presumption or rule that ambiguities shall be construed against the drafting Party shall apply to the interpretation or enforcement of the same or any subsequent amendments thereto.

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Attachment: Funding Agreement - Exhbit A (6424 : Rule 310 Frazier Field Funding Agreement) 5 ICAPCD\ AGREEMENT- 2022

IN WITNESS WHEREOF, the parties have executed this AGREEMENT on the day and year first above written.

IMPERIAL COUNTY AIR CITY OF EL CENTRO

POLLUTION CONTROL DISTRICT
_____________________________ _____________________________ LUIS A. PLANCARTE, Chairman Cedric Ceseña
Board of Directors City Manager
ATTEST:

By: _________________________

BLANCA ACOSTA
Clerk of the Board
APPROVED AS TO FORM:
_________________, County Counsel
By: __________________________ By: __________________________

County Counsel

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Attachment: Funding Agreement - Exhbit A (6424 : Rule 310 Frazier Field Funding Agreement) 06/2024/cdz/A24-0104/Reso/FrazierFieldParkingLotPaving
RESOLUTION NO. 24 –

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO APPROVING A FUNDING AGREEMENT WITH THE

IMPERIAL COUNTY AIR POLLUTION CONTROL DISTRICT FOR

THE PAVING OF FRAZIER FIELD PARKING LOT
WHEREAS, the City of El Centro (the “City”) submitted an application and was selected for Rule 310 mitigation project funding in the amount of three hundred and forty-two thousand, and twelve dollars ($342,012) from the Imperial County Air Pollution Control District, a political subdivision of the State of California (“ICAPCD”) to assist with the paving of Frazier Field Parking Lot (the “Project”) in an attempt to mitigate PM-10 pollutants from the Project; and
WHEREAS, ICAPCD, along with the Rule 310 Review Committee, determined that the City’s request is both cost-effective and provides air quality and health benefits to a large number of citizens in Imperial County; and
WHEREAS, it is necessary and in the best interest of the City for the City Council to approve a Funding Agreement with the Imperial County Air Pollution Control District.

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

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

2. That the City Council, does hereby approve the Agreement with ICAPCD for additional funding for the Project.

3. That the City Manager hereby is authorized to sign the Funding Agreement, attached and incorporated as Exhibit “A”, a copy of which is on file in the office of the City Clerk, on behalf of the City.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on the day of , 2024.

CITY OF EL CENTRO
By _______________________
Sylvia Marroquin, Mayor
ATTEST:

By
Norma Wyles, City Clerk

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Attachment: Reso 24- (6424 : Rule 310 Frazier Field Funding Agreement) 06/2024/cdz/A24-0104/Reso/FrazierFieldParkingLotPaving
APPROVED AS TO FORM:

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

STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

AYES:

NOES:

ABSENT:

ABSTAINED:

By
Norma Wyles, City Clerk

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Attachment: Reso 24- (6424 : Rule 310 Frazier Field Funding Agreement) City Council of the City of El Centro Meeting: 07/02/24 11:30 AM 1275 Main Street Department: Public Works
El Centro, CA 92243 Category: Authorization
Prepared By: Catherine Gutierrez
SCHEDULED Department Head: Abraham Campos
ACTION ITEM (ID # 6018) DOC ID: 6018
Approval of Additional Funding to the Agreement with
Arrington Watkins Architects, Inc., for the Police Station Project.

CITY MANAGER’S RECOMMENDATION:

2. Do not approve additional funding and provide staff direction.

FISCAL IMPACT:

No impact to the General Fund. $251,053 in Measure P bond funds are requested. Staff has reviewed available Measure P bond funds and the request is within available bond project budget.

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 needs of the community while minimizing negative financial impacts.

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

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

Consultant currently has an agreement with the city, this action is for an amendment to the agreement.

BACKGROUND:

On April 6, 2021, Council approved an agreement with Arrington Watkins Architects, Inc. for design services relating to the Police Station Project through Resolution No. 21- 33 in the amount of $2,372,152. Said amount included a 6% design contingency in the amount of $130,556 to be approved by City staff for unforeseen design conditions.

The following amendments were approved at a staff level and were funded by the 6% design contingency and contract allowances:

1. On August 24, 2021, Amendment No.1 was approved for additional services in the amount of $95,220. The additional services included the re-design of the new police station so that it could be constructed in one phase without the parking garage.

2. On December 29, 2021, Amendment No.2 was approved for additional services in the amount of $59,435. The additional services were for the consultant to provide a cost for services to fully outfit the gun range. The original contract 10 Packet Pg. 56
Action Item (ID # 6018) Meeting of July 2, 2024
included providing a building shell for the gun range.

3. On December 29, 2021, Amendment No.3 was approved for additional services in the amount of $24,250. The additional services included investigation of the new police station site to determine existing underground utility locations.

The total amount for Amendment No.1-3 is $178,905.00. This amount exceeded the 6% design contingency by $48,349. The excess amount was covered by reducing the budget of the contract allowances listed below. This allowed for the overall contract cost to remain within the approved contract cost.

1. As-Built Mapping of Existing Buildings
· Original budget $30,000
· Revised budget $5,750
$24,250

2. Reimbursable Expenses
· Original budget $29,660
· Revised budget $5,562
$24,098
The following amendment was approved at a staff level and was funded by reducing the Construction Administration budget:

4. On July 20, 2022, Amendment No. 4 was approved towards redesigning elements of the new Police station building and to provide deep foundations to the footings at Building A as recommended by the latest soils report in the amount of $169,008. By reducing the Construction Administration budget, the overall contract remained within the approved contract amount limits.

On May 17, 2022, Council approved additional funding in the amount of $169,008 to replenish the Construction Administration budget for a revised contract cost of $2,541,160.00.

5. On January 10, 2023, staff approved Amendment No. 5 for Certified Access Specialist (CASp) to be employed to provide construction inspection to document compliance with California Building Code services in an amount of $13,860 and for the design consultant to contract Bureau Veritas for building permit plan review services in an amount of $44,048. This amendment was funded by reducing the Construction Administration budget. By reducing the Construction Administration budget, the overall contract remained within the approved contract limits.

6. On June 12, 2023, staff approved Amendment No. 6 to extend the term of the agreement for an additional one-year term until April 26, 2024. No change to contract budget.

7. On May 9, 2024, staff approved Amendment No. 7 to extend the term of the agreement for an additional one-year term until April 26, 2025. No change to 10 Packet Pg. 57
Action Item (ID # 6018) Meeting of July 2, 2024
contract budget.

DISCUSSION:

Project is in construction stage. Construction is anticipated to be completed the first quarter of 2026.

Additional funding in the amount of $251,053 is needed to fund additional add service requests, replenish the Construction Administration budget amongst others for a revised contract cost of $2,792,213.00. The Construction Administration portion of the scope will be used during the construction phase of the project.

Staff requests direction to:

1. Approve additional funding in the amount of $251,053 and authorize the City Manager to approve Amendment No. 8 to the agreement with Arrington Watkins Architects, Inc., for a revised contract cost of $2,792,213.00. or

2. Do not approve additional funding and provide staff direction.

CONCLUSION:

Review staff recommendations and provide staff direction.

ATTACHMENTS:
· Amendment No. 8 00076097 (PDF)
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Attachment: Amendment No. 8 00076097 (6018 : Police Station Project - AWA Budget)

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Attachment: Amendment No. 8 00076097 (6018 : Police Station Project - AWA Budget) May 24, 2024
Abraham Campos
City of El Centro Public Works
Re: El Centro Police Department Building – Add Service #8 R1 Dear Mr. Campos
This letter is to request additional funds. The City of El Centro has requested the following:
• Provide a soils mitigation solution due to the contaminated soils the new structures will be constructed on. AW has contracted Ninyo and Moore to provide their recommendation to address this issue. AW will provide drawings or directions to the GC to reflect the City’s direction on what solution to provide.

The total fee for this add-service is $4,690. Please refer to the fee schedule below. A contract modification to the terms and conditions is not required.

Sincerely,
Arrington Watkins Architects
Michael W. Conder / Principal
Fee Schedule Estimate Summary
El Centro Police - Add Service 8
Arrington Watkins Architects

CONSULTANTS' FEE
ARCHITECT CONSULT'S Civil Eng Struct MPE/SEC/FP Estimating Interiors Landscape Environtmental

SERVICES TOTAL FEE FEE TOTALS NEI BUEHLER LSW CUM M ING WHITE BAUX DELORENZO NINYO & M OORE Soils Hazard Mitigation $4,690 1,190.00 $ $3,500 -$ -$ -$ -$ -$ -$ $ 3,500.00 SUBTOTAL $1,190 $3,500 $0 $0 $0 $0 $0 $0 $3,500
CONSULTANTS FEES $3,500
TOTAL FIXED FEES $4,690
5/13/2024
Exhibit A-8

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Attachment: Amendment No. 8 00076097 (6018 : Police Station Project - AWA Budget) 1301 Marina Village Parkway, Suite 110 | Alameda, California 94501 | p. 510.343.3000 | www.ninyoandmoore.com May 2, 2024
Proposal No. 09OAK03-01713
Mr. Matthew A. Gorman
Principal Architect
Arrington Watkins Architect
3003 N. Central Avenue, Suite 2400
Phoenix, Arizona 85012
Subject: Proposal for Environmental Peer Review Services City of El Centro Police Station
150 N. 11th Street
El Centro, California 92243
Dear Mr. Gorman:

Ninyo & Moore is pleased to submit this proposal to provide environmental services for the proposed City of El Centro Police Station in El Centro, California. Our services will include the peer review of Rincon Consultants, Inc. (Rincon) Limited Phase II Environmental Site Assessment dated April 18, 2024, our evaluation for the need for vapor instruction mitigation measures, and if needed, recommendations to address vapor intrusion concerns. We will document our evaluation and recommendations in a memorandum.

Ninyo & Moore is prepared to begin the services described herein upon receipt of written authorization. We will complete our initial peer review and submit the memorandum within one week of receiving written notice to proceed. Cost for the scope of work presented above will be $3,500 (Three Thousand Five Hundred Dollars) lump sum. If the scope of work presented above and the proposed fee contained in this proposal are acceptable, please forward the appropriate written authorization at your earliest convenience or return a signed copy of the attached Work Authorization Agreement form.

We appreciate the opportunity to submit this proposal and look forward to working with you on this project.

Respectfully submitted,

NINYO & MOORE
Aubery K. Cool, PG
Principal Geologist
Brandon S. Wilken, PG, QSD
Principal Geologist
BSW/AKC/gvr
Attachment: Work Authorization and Agreement Form
Exhibit A-8

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Attachment: Amendment No. 8 00076097 (6018 : Police Station Project - AWA Budget) Ninyo & Moore | 150 N. 11th Street, El Centro, California 92243 | 09OAK03-01713 | May 2, 2024 1

WORK AUTHORIZATION AND AGREEMENT
Please Sign and Return One Copy to: NINYO & MOORE
1301 Marina Village Parkway, Suite 110
Alameda, California 94501
PROPOSAL NO. 09OAK03-01713

1. PROJECT ADDRESS: 150 N. 11th Street, El Centro, California 92243

2. PROJECT DESCRIPTION: Proposal for Environmental Peer Review Services - City of El Centro Police Station

3. SCOPE OF STUDY: Please refer to proposal dated May 2, 2024.

4. FEE: $3,500 (Three Thousand Five Hundred Dollars – Lump Sum)

5. PORTION OF FEE IN ADVANCE OF WORK: None

6. CLIENT: Arrington Watkins Architect PHONE: (602) 279-4373 3003 N. Central Avenue, Suite 2400
Phoenix, Arizona 85012
CONTACT: Mr. Matthew A. Gorman, Principal Architect PHONE: (602) 279-4373

7. STATEMENT TO BE SENT TO: Client

CONDITIONS OF AGREEMENT BETWEEN CLIENT AND NINYO & MOORE This AGREEMENT is made by and between: NINYO & MOORE GEOTECHNICAL AND ENVIRONMENTAL SCIENCES CONSULTANTS, hereinafter referred to as CONSULTANT, and Arrington Watkins Architect, hereinafter referred to as CLIENT. This AGREEMENT between the parties consists of these TERMS, the attached Proposal identified as No. 09OAK03-01713 dated May 2, 2024, and any exhibits or attachments noted in the Proposal. Together, these elements will constitute the entire AGREEMENT superseding any and all prior negotiations, correspondence, or agreements either written or oral. Any changes to this AGREEMENT must be mutually agreed to in writing.

STANDARD OF CARE
CLIENT recognizes that subsurface conditions may vary from those observed at locations where borings, surveys, or explorations are made, and that site conditions may change with time. Data, interpretations, and recommendations by CONSULTANT will be based solely on information available to CONSULTANT. CONSULTANT is responsible for those data, interpretations, and recommendations, but will not be responsible for other parties' interpretations or use of the information developed.

Services performed by CONSULTANT under this AGREEMENT are expected by CLIENT to be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the environmental sciences profession practicing contemporaneously under similar conditions in the locality of the project. It is important to recognize that even the most comprehensive scope of services may fail to detect environmental liabilities on a particular site. Therefore, CONSULTANT cannot act as an insurer and cannot "certify" that a site is free of environmental contamination. Under no circumstance is any warranty, express or implied, made in connection with the providing of environmental sciences consulting services.

SITE ACCESS AND SITE CONDITIONS
CLIENT will grant or obtain free access to the site for all equipment and personnel necessary for CONSULTANT to perform the work set forth in this agreement. CLIENT will notify any and all possessors of the project site that CLIENT has granted CONSULTANT free access to the site. Client will protect all property, inside and out, including all plants and landscaping.

CONSULTANT will take reasonable precautions to reduce the potential for damage to the site, but it is understood by CLIENT that, in the normal course of work, some damage may occur and the correction of such damage or alteration is not part of this AGREEMENT unless so specified in the Proposal.

Exhibit A-8

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Attachment: Amendment No. 8 00076097 (6018 : Police Station Project - AWA Budget) Ninyo & Moore | 150 N. 11th Street, El Centro, California 92243 | 09OAK03-01713 | May 2, 2024 2 CLIENT is responsible for accurately delineating the locations of all subterranean structures and utilities. CONSULTANT will take reasonable precautions to avoid known subterranean structures, and CLIENT waives any claim against CONSULTANT, and agrees to defend, indemnify and hold CONSULTANT harmless from any claim or liability for injury or loss, including costs of defense, arising from damage done to subterranean structures and utilities not identified or accurately located. In addition, CLIENT agrees to compensate CONSULTANT for any time spent or expenses incurred by CONSULTANT in defense of any such claim, with compensation to be based upon CONSULTANT's prevailing fee schedule and expense reimbursement policy.

CONTAMINATED MATERIALS
In performing environmental, hydrologic, or hydrogeologic services, CONSULTANT may excavate or otherwise come in contact with hazardous materials. CLIENT represents that CLIENT has informed CONSULTANT of the presence of any known hazardous materials.

CLIENT recognizes that a project site containing hazardous materials may not perform as anticipated by CLIENT, even though CONSULTANT's services are performed with currently acceptable levels of care and skill. Further, CLIENT acknowledges that, while necessary for site exploration, commonly used exploration methods such as drilling borings and excavating trenches involve an inherent risk. For example, exploration on a project site containing contaminated materials may result in inducing cross-contamination and/or other negative effects.

Unanticipated hazardous materials may be encountered in an area where there is no reason to believe they could or should be present. CONSULTANT and CLIENT agree that the discovery of unanticipated hazardous materials may make it necessary for CONSULTANT to take immediate measures to protect health and safety. CLIENT agrees to compensate CONSULTANT for any equipment decontamination or other costs arising out of the discovery of hazardous materials.

CONSULTANT agrees to notify CLIENT when hazardous materials or suspected hazardous materials are encountered.

CLIENT agrees to make any disclosures required by law to the appropriate governing agencies. CLIENT also agrees to hold CONSULTANT harmless for any and all consequences of disclosures made by CONSULTANT which are required by governing law. In the event that the project site is not owned by CLIENT, CLIENT recognizes that it is CLIENT's responsibility to inform the property owner of the discovery of hazardous materials or suspected hazardous materials.

Notwithstanding any other provision of the AGREEMENT, CLIENT waives any claim against CONSULTANT and, to the maximum extent permitted by law, agrees to defend, indemnify, and save CONSULTANT harmless from any claim, liability, and/or defense cost for injury or loss arising from CONSULTANT's discovery of hazardous materials or suspected hazardous materials, including, but not limited to, any costs created by delay of development projects and any cost associated with possible reduction of the property's value.

CLIENT will be solely responsible for the ultimate disposal of any materials secured by CONSULTANT which are found to be contaminated. Such materials include, but are not limited to, drilling mud, soil, groundwater, and other materials removed from excavations. Contaminated materials will be placed in suitable storage containers, labeled, and left on site.

SAMPLE DISPOSAL
CONSULTANT will dispose of soil, rock, and water samples collected for analyses approximately thirty (30) days after the laboratory analysis report date. Further storage or transfer of samples can be made at CLIENT's expense upon CLIENT's prior written request.

OWNERSHIP AND MAINTENANCE OF DOCUMENTS
Unless otherwise specified in this Agreement or in an Addendum, and provided that CONSULTANT has been fully paid for the Services, CLIENT shall have the right to use the documents, maps, photographs, drawings and specifications resulting from CONSULTANT’s efforts on the project, for purposes reasonably contemplated by the parties. CONSULTANT shall have the right, but shall not be obligated, to retain copies of all such materials and shall have the right to use the same for any purpose, unless such use would be expected to cause harm to CLIENT. CLIENT shall specify in advance, in writing, and be charged for all arrangements for special or extended-period maintenance of such materials by CONSULTANT.

CONSULTANT retains the right of ownership with respect to any patentable concepts or copyrightable materials arising from its Services.

Reuse of any material described by CLIENT, including publication to third parties, on extension of this project or on any other project without CONSULTANT’s written authorization, shall be at CLIENT’s risk, and CLIENT agrees to indemnify, defend, and hold harmless CONSULTANT from all claims, damages, and expenses, including attorney’s fees, arising out of such unauthorized reuse.

Exhibit A-8

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Attachment: Amendment No. 8 00076097 (6018 : Police Station Project - AWA Budget) Ninyo & Moore | 150 N. 11th Street, El Centro, California 92243 | 09OAK03-01713 | May 2, 2024 3

BILLING AND PAYMENT
CLIENT will pay CONSULTANT in accordance with the procedures indicated in the Proposal and its attachments. Invoices will be submitted to CLIENT by CONSULTANT, and will be due and payable upon presentation. If CLIENT objects to all or any portion of any invoice, CLIENT will so notify CONSULTANT in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay when due that portion of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice. In the absence of written notification described above, the balance as stated on the invoice will be paid.

Invoices are delinquent if payment has not been received within thirty (30) days from date of invoice. CLIENT will pay an additional charge of three quarters of a percent (.75) per month (or the maximum percentage allowed by law, whichever is lower) on any delinquent amount, excepting any portion of the invoiced amount in dispute and resolved in favor of CLIENT.

Payment thereafter will first be applied to accrued interest and then to the principal unpaid amount. All time spent and expenses incurred (including any attorney's fees) in connection with collection of any delinquent amount will be paid by CLIENT to CONSULTANT per CONSULTANT's current fee schedules. In the event CLIENT fails to pay CONSULTANT within sixty (60) days after invoices are rendered, CLIENT agrees that CONSULTANT will have the right to consider the failure to pay the CONSULTANT's invoice as a breach of this AGREEMENT and CONSULTANT may cease work on the project. At CONSULTANT’s option, CONSULTANT may waive said major breach upon payment by CLIENT of all arrearages and outstanding invoices.

TERMINATION
This AGREEMENT may be terminated by either party seven (7) days after written notice in the event of any breach of any provision of this AGREEMENT or in the event of substantial failure of performance by either party, or if CLIENT suspends the work for more than three (3) months. In the event of termination, CONSULTANT will be paid for services performed prior to the date of termination plus reasonable termination expenses, including, but not limited to, the cost of completing analyses, records, and reports necessary to document job status at the time of termination.

RISK ALLOCATION
Many risks potentially affect CONSULTANT by virtue of entering into this AGREEMENT to perform professional consulting services on behalf of CLIENT. The principal risk is the potential for human error by CONSULTANT. For CLIENT to obtain the benefit of a fee which includes a nominal allowance for dealing with CONSULTANT's liability, CLIENT agrees to limit CONSULTANT's liability to CLIENT and to all other parties for claims arising out of CONSULTANT's performance of the services described in this AGREEMENT. The aggregate liability of CONSULTANT will not exceed $50,000 for negligent professional acts, errors, or omissions, including attorney’s fees and costs which may be awarded to the prevailing party, and CLIENT agrees to indemnify and hold harmless CONSULTANT from and against all liabilities in excess of the monetary limit established above.

Limitations on liability and indemnities in this AGREEMENT are business understandings between the parties voluntarily and knowingly entered into, and shall apply to all theories of recovery including, but not limited to, breach of contract, warranty, tort (including negligence), strict or statutory liability, or any other cause of action, except for willful misconduct or gross negligence. The parties also agree that CLIENT will not seek damages in excess of the limitations indirectly through suits with other parties who may join CONSULTANT as a third-party defendant. Parties means CLIENT and CONSULTANT and their officers, employees, agents, affiliates, and subcontractors.

Both CLIENT and CONSULTANT agree that they will not be liable to each other, under any circumstances, for special, indirect, consequential, or punitive damages arising out of or related to this AGREEMENT.

INDEMNIFICATION
If any claim is brought against CONSULTANT, its employees, agents and subcontractors and/or CLIENT by a third party, relating in any way to the Services, the contribution and indemnification rights and obligations of CONSULTANT and Client, subject to the paragraph titled “Risk Allocation” above, such claim shall be determined as follows:

1. If any negligence, breach of contract, or willful misconduct of CONSULTANT caused any damage, injury, or loss claimed by the third party, then CONSULTANT and CLIENT shall each indemnify the other against any loss or judgement on a comparative negligence basis (CLIENT responsibility to include that of its agents, employees, and other contractors); and
Exhibit A-8

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Attachment: Amendment No. 8 00076097 (6018 : Police Station Project - AWA Budget) Ninyo & Moore | 150 N. 11th Street, El Centro, California 92243 | 09OAK03-01713 | May 2, 2024 4

2. Unless CONSULTANT was liable for negligence, breach of contract, or willful misconduct which in whole or in part, caused the damage, injury, or loss asserted in the third party claim, CLIENT shall indemnify CONSULTANT against the claim, liability, loss, legal fees, consulting fees, and other costs of defense reasonably incurred.

DISPUTE RESOLUTION
If a dispute at law arises from matters related to the services provided under this AGREEMENT and that dispute requires litigation, then:

1. The claim will be brought and tried in judicial jurisdiction of the court of the county where CONSULTANT's principal place of business is located and CLIENT waives the right to remove the action to any other county or judicial jurisdiction, and;

2. The prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorneys' and expert witness fees, and other claim-related expenses

GOVERNING LAW AND SURVIVAL
If any of the provisions contained in this AGREEMENT are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. Risk allocation and indemnities will survive termination or failure of this AGREEMENT for any cause.

The parties have read, or had the opportunity to read, the foregoing, including all attachments, addendums, and exhibits hereto, have had an opportunity to discuss the same, understand completely the terms, and willingly enter into this AGREEMENT which will become effective on the date signed below by CLIENT.

Printed Name of Client or Authorized Agent
Signature of Client or Authorized Agent Date
05/02/24
Date
PM: AKC
Brandon S. Wilken, PG, QSD / Principal Geologist
Matthew A Gorman 5/8/24
For prompt attention, please send invoices to
[email protected]
Reference Project:
2020.052 - El Centro Police Station Project
Exhibit A-8

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Attachment: Amendment No. 8 00076097 (6018 : Police Station Project - AWA Budget) May 24, 2024
Abraham Campos
City of El Centro Public Works
Re: El Centro Police Department Building – Add Service #9 R1 Dear Mr. Campos
This letter is to request additional funds. The City of El Centro has requested the following:
• Moving Building B 6’-0” to the east to meet Imperial Irrigation District powerline clearance requirements. This change affects the civil engineering, landscape, architectural, electrical and technology plans. These revised sheets will be submitted to Veritas for their review and approval.

The total fee for this add-service is $21,815. Please refer to the fee schedule below. A contract modification to the terms and conditions is not required.

Sincerely,
Arrington Watkins Architects
Michael W. Conder / Principal
Fee Schedule Estimate Summary
El Centro Police - Add Service 9
Arrington Watkins Architects

CONSULTANTS' FEE
ARCHITECT CONSULT'S Civil Eng Struct MPE/SEC/FP Estimating Interiors Landscape Environtmental

SERVICES TOTAL FEE FEE TOTALS NEI BUEHLER LSW CUM M ING WHITE BAUX DELORENZO NINYO & M OORE Move Building B $21,815 6,840.00 $ $14,975 7,500.00$ -$ 4,975.00$ -$ -$ 2,500.00$ $ - SUBTOTAL $6,840 $14,975 $7,500 $0 $4,975 $0 $0 $2,500 $0 CONSULTANTS FEES $14,975
TOTAL FIXED FEES $21,815
5/13/2024
Exhibit A-9

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Attachment: Amendment No. 8 00076097 (6018 : Police Station Project - AWA Budget) Civil • Architecture • Environmental Engineering & Consulting Industrial Hygiene • Geotechnical • Construction Management

www.neiaw.com
8(a) l DBE l WOSB l SBE
May 09, 2024
Arrington Watkins Architects
5240 N. 16th Street, Suite 101
Phoenix, Arizona 85016
Attn: Jorge A. Pierson, AIA
Architect, Associate
Re: Change Order Request No. 3,
El Centro Police Station, Relocate Building B
Dear Mr. Pierson,
Nicklaus Engineering, Inc. (Nicklaus) appreciates the opportunity to submit Change Order Request No. 3 for the above-referenced project.

This change order request is to provide revised plans reflecting the move of Building B, 6 feet to the east. This will include revisions to Civil Sheets C2.0, C2.1, C3.0, C3.1, C4.0, C5.0, and C5.1.

The services discussed above can be performed for a Lump Sum Fee of $7,500.00.

If you have any questions regarding this proposal, please feel free to give me a call at (928) 246-1616(cell).

Sincerely,
NICKLAUS ENGINEERING, INC.

Antonio Alvarez, P.E.

Vice President

Exhibit A-9

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Attachment: Amendment No. 8 00076097 (6018 : Police Station Project - AWA Budget)

May 7, 2024
Arrington Watkins Architects, LLC
3003 N Central Ave, Suite 2400
Phoenix, AZ 85012
Attn: Mr. Matt Gorman, AIA
Re: El Centro Police Headquarters
Value Engineering Plan Revisions
LSW Project No. 2021-067.000
Authorization for Additional Services No. 4
We have been asked to perform the following additional services:

Revise site plans to indicate the new site location for Bldg. B, and modify and adjust affected Revit model elements.

It is assumed that no additional mechanical, plumbing, electrical or technology system revisions outside of revising the site plans will be included in this add service.

Our fee for the work outlined above will be billed as a lump sum of $4,975. 2024: Principal $230./ hour
Senior Engineer $205./ hour
Senior Project Manager $195./ hour
Project Manager $175./ hour
Engineer $160./ hour
Senior Designer $140./ hour
Field Observer $130./ hour
Designer $120./ hour
CAD Operator $90./ hour
Administrative $80./ hour
Outside Services Our cost plus 10%
This proposal is effective for not more than 30 days.

All other terms and conditions of our original agreement shall apply. Please sign and return the original of this authorization to our office promptly so we may begin the work as requested.

Exhibit A-9

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Attachment: Amendment No. 8 00076097 (6018 : Police Station Project - AWA Budget) Arrington Watkins Architects, LLC
LSW Project No. 2021-067.000
May 7, 2024

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Regards,
LSW ENGINEERS ARIZONA, INC.

Cory Killpack, PE
Vice President
CEK:cwd
APPROVED: DATE:
\\serv2\vol1\proj\2021\2021-067.000\admin\pending add services\add04 site revisions\2021-067 add4 el centro police hq site revisions.docx Exhibit A-9

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Attachment: Amendment No. 8 00076097 (6018 : Police Station Project - AWA Budget) 4455 Murphy Canyon Road Suite 108, San Diego, California 92123 Phone: 858.430.61555 Fax: 858.430.6169
May 7, 2024
Ms. Jorge A. Pierson, AIA
Arrington Watkins Architects, LLC
3003 N. Central Ave., Suite 2400
Phoenix, AZ 85012
RE: Change Order #1, for the relocation of Building B.

El Centro Police Station, El Centro, CA
DLI Job No. 20-016
Dear Mr. Pierson,
As we discussed on the phone our proposed fee to revise our landscape Irrigation and Planting plan due to the relocation of Building B is $2,500.00.

Please let us know if you have any questions and/or if this proposal meets with your approval and we will begin work quickly.

Nicholas F. DeLorenzo, RLA 1388
President
DeLorenzo International, Inc.

Mr. Pierson

_____________________________________ ________________
Accepted By Date
Exhibit A-9

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Attachment: Amendment No. 8 00076097 (6018 : Police Station Project - AWA Budget) El Centro Police Station Change Order #1
May 7, 2024

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4455 Murphy Canyon Road Suite 108, San Diego, California 92123 Phone: 858.430.61555 Fax: 858.430.6169

DELORENZO INTERNATIONAL

SCHEDULE OF OFFICE HOURLY RATES
EFFECTIVE: January 2024
Staff Hourly Billing Rates
Principal of Record ................................................................................................... $ 200 Senior Landscape Architects/Planners..................................................................... $ 150 Project Managers/Landscape Architects/Planners ................................................... $ 110 Project Designers/Planners/CADD Drafters ............................................................... $ 85 Word Processing/Non-technical Staff ....................................................................... $ 75 In-house reproduction and miscellaneous services:

When requested, exhibits, blueprints, and report preparation supplies will be provided and billed at cost plus 15% handling or will be contracted for directly by you. Rates subject to change January 1st or July 1st of each year.

Exhibit A-9

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Attachment: Amendment No. 8 00076097 (6018 : Police Station Project - AWA Budget) May 24, 2024
Abraham Campos
City of El Centro Public Works
Re: El Centro Police Department Building – Add Service #10 Dear Mr. Campos
This letter is to request additional funds. The City of El Centro has requested the following:
• That some of the original construction administration service fees be used in add service 4 and part of this money is to reimburse those funds.
• AW and NEI to provide the services needed for the extended time of the construction administration services. This includes AW participating in weekly Owner’s, Architect’s, Contractor’s virtual meetings and NEI’s site visits.
• To participate in value engineering services. The outcome of the value engineering has not been determined and the construction documents may need to be revised. Our fee is an estimate and may need to be increased if the revisions to the construction documents and permit review fees exceed our estimate.
• $50,000 is included as a contingency/reimbursable fund to be available for future changes if needed. This money will not be used without City approval.

The total fee for this add-service is $224,548. Please refer to the fee schedule below. A contract modification to the terms and conditions is not required.

Sincerely,
Arrington Watkins Architects
Michael W. Conder / Principal
Exhibit A-10

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Attachment: Amendment No. 8 00076097 (6018 : Police Station Project - AWA Budget)

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Fee Schedule Estimate Summary
El Centro Police - Add Service 10
Arrington Watkins Architects

CONSULTANTS' FEE
ARCHITECT CONSULT'S Civil Eng Struct MPE/SEC/FP Estimating Interiors Landscape SERVICES TOTAL FEE FEE TOTALS NEI Bueler LSW CUMMING WHITE BAUX DELORENZO CA REIMBURSEMENT $46,618 $46,618 $ - $ - $ - $ - $ - $ - $ - CA EXTENDED SERVICES $37,930 $32,930 $ 5,000.00 $ 5,000.00 $ - $ - $ - $ - $ - VE & REDESIGN & PERMIT REVIEW $90,000 $37,500 $ 52,500.00 $ 30,000.00 - $ $ 22,500.00 $ - $ - $ - CONTINGENCY/REIMBURSABLE $50,000 $50,000 $ - $ - $ - $ - $ - $ - $ - SUBTOTAL $167,048 $57,500 $5,000 $30,000 $22,500 $0 $0 $0 CONSULTANTS FEES $57,500
TOTAL FIXED FEES $224,548
5/24/2024
Exhibit A-10

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Attachment: Amendment No. 8 00076097 (6018 : Police Station Project - AWA Budget) Civil • Architecture • Environmental Engineering & Consulting Industrial Hygiene • Geotechnical • Construction Management

www.neiaw.com
8(a) l DBE l WOSB l SBE
March 12, 2024
Arrington Watkins Architects
5240 N. 16th Street, Suite 101
Phoenix, Arizona 85016
Attn: Jorge A. Pierson, AIA
Architect, Associate
Re: Change Order Request No. 2,
El Centro Police Station, Site Visits
Dear Mr. Pierson,
Nicklaus Engineering, Inc. (Nicklaus) appreciates the opportunity to submit Change Order Request No. 2 for the above-referenced project.

This change order request is written to provide Site Visits to the El Centro Police Station construction site as may be requested by Arrington Watkins Architects or the General Contractor.

The services discussed above can be performed on a Time and Material basis not to exceed $5,000.00. Please refer to the attached Nicklaus Engineering, Inc. rate schedule.

Additional site visits that may exceed the amount of $5,000.00 can be provided with a separate request.

If you have any questions regarding this proposal, please feel free to give me a call at (928) 246-1616(cell).

Sincerely,
NICKLAUS ENGINEERING, INC.

Antonio Alvarez, P.E.

Vice President

Exhibit A-10

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Attachment: Amendment No. 8 00076097 (6018 : Police Station Project - AWA Budget) Civil • Architecture • Environmental Engineering & Consulting Industrial Hygiene • Geotechnical • Construction Management

www.neiaw.com
8(a) l DBE l WOSB l SBE
Standard Rate Schedule - 2024

SCHEDULE B

DIVISION LABOR CODE

RATE/HOUR
Administration Administrative Assistant - IV $57.00
Project Administrator - V $82.00
Marketing Coordinator - V $71.00
Contracts Manager - VI $176.00
Architecture Architectural Technician - II $55.00
Architectural Technician - III $65.00
Senior Architectural Designer - V $118.00
Principal Architect - VI $163.00
Engineering Engineering Technician - II $79.00
Engineering Technician - III $82.00
Engineering Technician - V $110.00
Engineering Designer - IV $104.00
Senior Engineering Designer - V $116.00
Project Engineer - IV $128.00
Senior Engineer - V $170.00
Principal Engineer - VI $211.00
Environmental Environmental Technician - IV $79.00
Environmental Professional - II $89.00
Environmental Professional - III $99.00
Environmental Professional - IV $121.00
Environmental Professional - V $126.00
Project Geologist - IV $118.00
Senior Geologist - V $148.00
Principal Geologist -VI $188.00
Staff Scientist - II $79.00
Staff Scientist - III $97.00
Senior Scientist - V $144.00
Principal Scientist - VI $188.00
Construction Senior Site Superintendent - V $99.00
Senior Estimator - V $133.00
Site Safety & Health Officer - V $130.00
Geotechnical Staff Technician - I $52.00
Staff Technician - II $56.00
Senior Technician - V $72.00
Lab Manager - VI $127.00
Exhibit A-10

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Attachment: Amendment No. 8 00076097 (6018 : Police Station Project - AWA Budget) Sacramento
Los Angeles
Phoenix
San Diego
San Francisco
Silicon Valley

ideas engineered | visions realized
600 Q Street
Suite 200
Sacramento, CA 95811
P 916 443 0303
buehlerengineering.com
March 5, 2024
Jorge Pierson
Arrington Watkins Architects
3003 North Central Avenue, Suite 2400
Phoenix, AZ 85012
[email protected]
Subject: City of El Centro Police Headquarters Renovation Value Engineering Evaluation Services
Buehler Project No. 2021-0164
Buehler Proposal No. 24-0275
Dear Jorge,
Thank you for requesting a proposal to provide additional structural engineering services for the subject project. The project consists of the replacement of the current police department facility with a new facility. The new facility will include two, two-story concrete masonry wall buildings with structural steel gravity framing enclosing approximately 44,500 SF of area. The project is located at 150 North 11th Street in El Centro, California and is now in its construction phase. As requested by Arrington Watkins Architects in their email dated March 1, 2024, this proposal is for value engineering evaluation and potential revisions to the current Contract Drawings for the project.

Our scope of work in support of the effort to make value engineering modifications to the Contract Drawings consists of the following:
• Reviewing requests for revisions to the Contract Documents to reduce construction cost due to reasons beyond the control of Buehler and identifying their effect on the structure or its design. • Attending meetings to discuss and coordinate issues of concern with the architect and design team.
• Revising the structural documents, as required, to accommodate desired project changes. Contract drawing modifications will be coordinated with changes made by other design disciplines. For these revisions we will provide the following deliverables:
o Structural drawings and calculations to be submitted to the Client in PDF format for their use in the reproduction and assembling of documents necessary for building permit submittals and supplemental Contract Documents.

Exhibit A-10

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Attachment: Amendment No. 8 00076097 (6018 : Police Station Project - AWA Budget) ideas engineered | visions realized Page 2
This proposal modifies the scope and compensation of our previous agreement but does not modify the previously agreed Terms and Conditions or BIM Services. As clarification, we will not provide BIM deliverables as part of these services. For example, BIM deliverables for Requests-for-Information (RFIs), ASI, and post-construction documents are excluded.

Our compensation for these services will be on an hourly basis at our standard hourly rates. We estimate our compensation for these services will be $30,000.00. This is an estimate which we will not exceed without first notifying you that we require authorization to increase the estimate.

Our hourly rates are as follows:

Senior Principal .......................................................... $215.00 Principal...................................................................... $190.00 Senior Professional .................................................... $165.00 Professional ................................................................ $145.00 Senior Technician ....................................................... $125.00 Technician .................................................................. $105.00 If you have any questions, please do not hesitate to contact me, otherwise please sign, and return a copy of this proposal as your authorization to proceed with the work and your acceptance of this proposal. If you do not sign the proposal but provide verbal authorization to proceed with the work, it is our understanding that you have accepted this proposal as written.

Sincerely, Accepted:

Eric Fuller, SE For Arrington Watkins Architects
For Buehler Engineering, Inc.
[email protected]

Date
Exhibit A-10

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Attachment: Amendment No. 8 00076097 (6018 : Police Station Project - AWA Budget)

March 6, 2024
Arrington Watkins Architects, LLC
3003 N Central Ave, Suite 2400
Phoenix, AZ 85012
Attn: Mr. Matt Gorman, AIA
Re: El Centro Police Headquarters
Value Engineering Plan Revisions
LSW Project No. 2021-067.000
Authorization for Additional Services No. 3
We have been asked to perform the following additional services:

Attend up to two (2) virtual value engineering meetings to discuss the contractor’s proposed value engineering items.

Revise the mechanical, plumbing, electrical, and technology construction documents to implement the accepted value engineering design revisions.

It is assumed that no additional HVAC system revisions outside of like-for-like manufacturer substitutions will be included in the value engineering design revisions.

It is assumed that all lighting fixture substitution submittals will include photometric calculations provided by the lighting vender in the value engineering design revisions.

Our fee for the work outlined above will be billed hourly, at rates described herein, up to a limit of $22,500.
2024: Principal $230./ hour
Senior Engineer $205./ hour
Senior Project Manager $195./ hour
Project Manager $175./ hour
Engineer $160./ hour
Senior Designer $140./ hour
Field Observer $130./ hour
Designer $120./ hour
CAD Operator $90./ hour
Administrative $80./ hour
Outside Services Our cost plus 10%
Exhibit A-10

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Attachment: Amendment No. 8 00076097 (6018 : Police Station Project - AWA Budget) Arrington Watkins Architects, LLC
LSW Project No. 2021-067.000
March 6, 2024

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This proposal is effective for not more than 30 days.

All other terms and conditions of our original agreement shall apply. Please sign and return the original of this authorization to our office promptly so we may begin the work as requested.

Regards,
LSW ENGINEERS ARIZONA, INC.

Cory Killpack, PE
Vice President
CEK:cwd
APPROVED: DATE:
\\serv2\vol1\proj\2021\2021-067.000\admin\pending add services\add03 ve revisions\2021-067 add5 el centro police hq ve revisions.docx Exhibit A-10

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Attachment: Amendment No. 8 00076097 (6018 : Police Station Project - AWA Budget)

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Attachment: Amendment No. 8 00076097 (6018 : Police Station Project - AWA Budget) City Council of the City of El Centro Meeting: 07/02/24 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 # 6436) DOC ID: 6436
Letter of Support Requested by SCAG for AB 2485 -
Increasing Transparency and Accuracy of the Regional
Housing Needs Assessment Determination
CITY MANAGER’S RECOMMENDATION:

BACKGROUND:

AB 2485 seeks to enhance transparency in the Department of Housing and Community Development’s (HCD) regional housing needs calculation process by creating an advisory panel and requiring the publication of methodologies used on HCD’s website.

The bill would also require the department to assemble and convene an advisory panel that includes, among others, an expert on the data assumptions by each council of governments to advise the department on the assumptions and methodology it will use to determine each region housing needs. The RHNA (Regional Housing Needs Assessment) is a state-mandated program that requires cities and counties to build new housing for expected population growth over an eight-year planning year.

DISCUSSION:

SCAG recently developed and sponsored a state legislative bill this year which would increase transparency measures in the development of the Regional Housing Needs Assessment (RHNA) determination as developed by the States Office of Housing and Community Development (HCD). AB 2485 has been carried by Assemblymember Juan Carrillo, and works to establish procedures for HCD to publish data sources, analyses, and methodologies used in the development of the regions RHNA determination.

SCAG is requesting the City for a letter of support for their ongoing advocacy for the enactment of the legislation. The bill passed the Assembly unanimously and will be heard in the Senate on July 2nd at the Senate Housing Committee.

CONCLUSION:

Ratify letter of support that was submitted to SCAG by their deadline of June 26, 2024.

ATTACHMENTS:
· AB 2485 (J. Carrillo) - FACT SHEET 3.18.24 (PDF)
· Letter of Support AB 2485 (PDF)
11 Packet Pg. 82
REVISED 3/18/24

PURPOSE
Assembly Bill 2485 seeks to enhance transparency in
the Department of Housing and Community
Development’s (HCD) regional housing needs
calculation process by creating an advisory panel and
requiring the publication of methodologies used on
HCD’s website.

BACKGROUND
The Regional Housing Needs Assessment (RHNA)
is a state-mandated program that requires cities and
counties to build new housing for expected
population growth over an eight-year planning
period.

Initially, HCD first collaborates with regional
Council of Governments (COGs) to establish
methodologies for calculating housing needs. HCD
then communicates its estimations and final
determinations to COGs through written statements.

Next, COGs distribute needs to local jurisdictions
that develop implementation plans.

In March 2022, the State Auditor conducted an
emergency audit to examine the RHNA process and
identified several errors in HCD’s housing
projections, resulting in a decrease in the housing
amounts. Specifically, Sacramento COG fell short by
2,484 housing units and Santa Barbara COG by 1,338
units1.

The State Auditor attributed HCD’s miscalculations
to a lack of oversight in staff data entry and a failure to consider all factors required by state law in its
estimates. Additionally, the State Auditor stated that
shortcomings in calculations and support for HCD’s
factor considerations risk eroding public confidence
in their ability to provide accurate information to
COGs about housing needs.

In 2021, the Orange County COGs filed a lawsuit
against HCD, claiming that HCD used inaccurate
data rates in their evaluations. In a separate lawsuit,

1https://www.auditor.ca.gov/reports/2021-125/index.html individuals and nonprofit corporations argued that
HCD failed to consider factors required by law in its
assessment for the San Francisco Bay Area COGs.

The State Auditor recommended a formal review
process and thorough documentation measures to
ensure that all RHNA calculations provided to COGs
by the HCD are accurate.

EXISTING LAW
Government Code Section 65584.01 requires HCD
to meet and consult with COGs regarding the
assumptions and methodologies used to determine
the region’s housing needs at least 26 months prior to
final determinations.

Government Code Section 65584.01 requires HCD
to provide COGs with a written explanation of data
assumptions and methodologies used to determine
RHNA allocations.

SOLUTION
AB 2485 aims for transparency in the RHNA
determination process by providing COGs, housing
stakeholders, members of the public, and all
interested parties with information on the data
sources, analyses, and calculation methods used by
HCD. This bill would establish a formal review
process by creating an expert panel to advise HCD
on its assumptions, data, and analyses prior to a final RHNA determination.

SUPPORT
Southern California Association of Governments
(SCAG) – Sponsor

CONTACT
Claire Norton, Assembly Fellow
[email protected]
916-319-2039
AB 2485: RHNA Transparency Reform Act

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Attachment: AB 2485 (J. Carrillo) - FACT SHEET 3.18.24 (6436 : Ratify Letter of Support - AB 2485 - Regional Housing Needs Assessment)

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Attachment: Letter of Support AB 2485 (6436 : Ratify Letter of Support - AB 2485 - Regional Housing Needs Assessment)

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Attachment: Letter of Support AB 2485 (6436 : Ratify Letter of Support - AB 2485 - Regional Housing Needs Assessment) City Council of the City of El Centro Meeting: 07/02/24 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Appointment
Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
ACTION ITEM (ID # 6426) DOC ID: 6426
Discussion and any necessary action regarding the
appointment to the Imperial Valley Housing Authority.

CITY MANAGER’S RECOMMENDATION:

Mayors Recommendation: Appointment to the Imperial Valley Housing Authority with one (1) scheduled vacancy with term ending July 1, 2028.

ATTACHMENTS:
· MEMO (PDF)
12 Packet Pg. 86

M E M O R A N D U M
TO: Sylvia Marroquin, Mayor & City Council
FROM: Norma Wyles, City Clerk
RE: Imperial Valley Housing Authority Board Vacancy
DATE: July 2, 2024
There is one (1) scheduled board member vacancy with new term ending July 1, 2028.

The following individual would like to be considered for re-appointment:
a) Mary N. Camacho

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Attachment: MEMO (6426 : Appointment to Imperial Valley Housing Authority) City Council of the City of El Centro Meeting: 07/02/24 11:30 AM 1275 Main Street Department: Public Works
El Centro, CA 92243 Category: Informational
Prepared By: Catherine Gutierrez
SCHEDULED Department Head: Abraham Campos
INFORMATION ITEM (ID # 6428) DOC ID: 6428
Old City Library Electrical Emergency Repairs
FISCAL IMPACT:

No impact to the General Fund. The project will be paid with budgeted Measure P funds for the demolition of Valley Center Point buildings. A total of $300,000 has been allocated for said project this fiscal year and these electrical repairs are expected to be under that amount.

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:

NA
BACKGROUND:

The existing electrical meter and transformers supporting the old library site is located within the old mall area of the Valley Center Point development. The electrical area has been vandalized beyond repair resulting in loss of electrical power to the old library site, including HVAC and alarm systems. For the Health and Safety of the Public, electrical power must be restored to current code standards.

Public Works has worked with a consultant to complete plans and specifications for the demolition of the Valley Center Point buildings, which includes the old Mervyn's, Miller's Outpost and center mall hallway area where the shops were located. Part of the work included relocating the power source to the old library that is to remain within the old Sears building, currently shared between the City and Imagine school. This emergency has resulted in the acceleration of the electrical relocation part of the work as power cannot be restored via the existing vandalized obsolete system.

On May 7, City Council approved an Emergency Resolution to complete the repairs to the electrical system.

UPDATE:

Staff is currently working with IID, Tom Watson Electrical and Nicklaus Engineering to define the scope and obtain proposals for the needed repairs. 13 Packet Pg. 88
City Council of the City of El Centro Meeting: 07/02/24 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Alcoholic Beverage License Prepared By: Norma Valenzuela
SCHEDULED Department Head: Norma Wyles
INFORMATION ITEM (ID # 6437) DOC ID: 6437
Received and referred to Community Development
Department, Application for Alcoholic Beverage License - VSR Marketing Inc. El Sol Market 1586 S 4TH ST El Centro, CA 92243-4504
ATTACHMENTS:
· APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE VSR MARKETING INC EL SOL MARKET (PDF) 14 Packet Pg. 89

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Attachment: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE VSR MARKETING INC EL SOL MARKET (6437 : Application for Alcoholic

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Attachment: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE VSR MARKETING INC EL SOL MARKET (6437 : Application for Alcoholic City Council of the City of El Centro Meeting: 07/02/24 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Informational
Prepared By: Norma Valenzuela
SCHEDULED Department Head: Norma Wyles
INFORMATION ITEM (ID # 6439) DOC ID: 6439
Received and filed notification of Southern California Gas Company's request for compensation through the gas cost incentive mechanism A.24-06-005
Received and filed notification of Southern California Gas Company's request for compensation through the gas cost incentive mechanism A.24-06-005 ATTACHMENTS:
· SOUTHERN CALIFORNIA GAS COMPANY NOTIFICATION OF REQUEST FOR COMPENSATION THROUGH THE GAS

COST INCENT (PDF)
15 Packet Pg. 92

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El Centro City CouncilJuly 2, 2024

El Centro City Council
July 2, 2024