El Centro City Council
August 19, 2025

SP34
m) Attending Project Meetings;
n) Complying with the Air Pollution Control District Permit Requirements and paying the associated Fees;
o) Providing Project Signs (Contractor's Identity Sign and Project Identity Sign); p) Coordinating with utility purveyors, complying with their requirements and paying any fees;
q) Securing any temporary construction easements with private property owners and paying any fees;
r) Complying with the funding source requirements, filling out the required forms (Caltrans LAPM forms), and submitting the required forms in timely manner; and s) Paying other miscellaneous fees.

Method of Measurement:

Mobilization will be measured for payment by the lump sum as a single unity of work.

Basis of Payment:

All costs incurred for the mobilization and the associated work shall be included in the Bid Item for the Mobilization cost and no additional compensation shall be provided therefor.

END TECHNICAL SPECIFICATIONS

AND SPECIAL PROVISIONS

City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243

SUBMITTED
ACTION ITEM (ID # 2025-263)
Item: 17.

Meeting: 8/19/2025 3:30 PM
Department: Public Works
Category: Action Item
Prepared by: Abraham Campos, Public
Works Director/City Engineer
Department Head: Abraham Campos
DOC ID: 2025-263
Police Station Project Budget Update.

CITY MANAGER'S RECOMMENDATION:

Approve the revised Police Station Budget as presented.

FISCAL IMPACT:

There is no impact to the General Fund.

Staff requests restoring $600,000 of Measure P funding for FY26 related to the Police Station Construction Project. This request remains $1,400,000 below the original $2,000,000 FY26 Measure P budget approved on November 7, 2023. The revised funding request will fully support all known and proposed construction-related items, as well as additional needed features (see Exhibit B), including the installation of photovoltaic shade structures to protect Police Department vehicles and equipment. The table below outlines the original 2023 project budget, the current FY26 budget, and the proposed revised budget moving forward.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Financial & Governance Stability & Sustainability
Community Health, Safety & Welfare
Environmental Sustainability & Infrastructure
City Beautification, Engagement & Civic Pride
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKS, INSURANCE, ETC.:

NA
BACKGROUND:
• On April 6, 2021, the City Council awarded the project design contract to Arrington Watkins Architects. The design was based on years of needs assessment efforts by the Police Department.
• In April 2023, Council authorized bond funding through Measure P, enabling the release of final design plans for public bidding.
• On November 7, 2023, Council awarded the construction contract to Barnhart Reese and approved a total project budget of $49,763,516.81. At that time, the total projected project cost—including design, construction, construction management, soft costs, and contingency—was $49,791,282. A breakdown of the funding sources is provided in Exhibit A, which also includes current expenses to date and a balanced project budget.
• On June 24, 2025, as part of the FY26 budget adoption, Council removed $2,000,000 in previously approved FY26 Measure P funding, as bond interest earnings were sufficient to offset the need for that funding.

DISCUSSION:

Construction continues to progress on time and within budget. The original project completion target—Q1 of 2026—remains on track. Early in construction, staff proactively reduced project scope to create budgetary room for critical elements such as the outfitting of the shooting range.

The building is substantially complete and is expected to be turned over to the Police Department by mid-October 2025. Once staff relocates, the contractor will proceed with demolition of the existing buildings and construction of the new parking facilities.

As we approach the late portion of the project, we now have a clearer view of the potential final project costs. These costs include construction related Change Orders, and Change Orders needed to provide furniture, technology and system to provide a functional facility.

Many of these items were not included in the original construction award but have since been added to ensure efficient project sequencing and reduce future disruption.

Currently, $1,257,469.45 in contingency remains. However, the estimated cost of known pending and enhanced work—outlined in Exhibit B—totals $2,502,313.98, resulting in a funding shortfall of approximately $1,244,844. This estimate does not account for potential unknown costs related to building demolition or other final construction activities.

Pending work includes essential features such as photovoltaic parking shade structures and various functional enhancements.

To fully fund all known project changes and enhancements and maintain a modest contingency of approximately $550,000 for any unforeseen needs, staff recommends the revised project budget as outlined in the Fiscal Impact section. Any unused contingency will be returned to the Measure P fund at project closeout.

CONCLUSION:

Approve revised Police Station Budget as presented
ATTACHMENTS:

1. EXHIBIT A

2. EXHIBIT B

EXHIBIT A
Project Activities
Approved by
Council
11/7/2023
Approved Project
Expenses to date Notes
Design Contract 2,710,168.00 $ 2,873,758.00 $
Construction Management 1,672,120.00 $ 2,053,810.00 $
Construction Contrct 39,764,499.00 $ 42,334,193.18 $
Contingency $ 1,257,469.45 4,000,000.00 $ reduced to balance Soft Costs 1,600,000.00 $ 1,227,556.37 $
$ 49,746,787.00 49,746,787.00 $ Currently Balanced!

EXHIBIT B
Approved Construction Change Orders
Change Order No.

Amount Status
Construction
Related or New
Request General Scope
CCO#1 (10,000.00) $ Fully Executed Con Related Cost Loaded Schedule Contract revisionCCO#2 90,211.18 $ Fully Executed Con Related South Wing Ceiling Asbestos Testing and AbatementCCO#3 33,625.00 $ Fully Executed Con Related Automatic Gates and Man Gates (Logistics Plan for under construction)CCO#4 191,564.00 $ Fully Executed Con Related ASI #001 Changes (Most substantial being Excel Concrete)CCO#5 83,785.00 $ Fully Executed Con Related Temporary Power During Construction (IID and MAC Electric)CCO#6 383,000.00 $ Fully Executed Con Related Value Engineering Items and Shooting Range incorporation CCO #7 93,960.00 $ Fully Executed Con Related IID De-energizing and Ferell Standby costs (12th street)CCO #8 128,608.00 $ Fully Executed Con Related IID TransformerCCO #9 70,838.00 $ Fully Executed Con Related moving Building Pad, (Extend building pad (soil) 6' east, sewer re-install) CCO #10 195,280.00 $ Fully Executed Con Related Custom Triple Switch for GeneratorCCO #11 936,850.00 $ Fully Executed New Request GMBI General Furniture (offices, conference rooms, etc.)CCO #12 193,772.00 $ Fully Executed New Request Russ Bassett Dispatch FurnitureCCO #13 129,938.00 $ Fully Executed Con Related Elevator Room + minor re-route items for moving the building 6' to the east)CCO #14 6,894.00 $ Fully Executed Con Related Re-Route undocumented gas line for temporary useCCO #15 41,369.00 $ Fully Executed Con Related Over Excavation of Building Pads per geotechnic requirements Total CCO's 2,569,694.18 $

EXHIBIT B (CONT.)
Upcomming Potential Construction Change Orders (Rough Order of Magnitude) Change Order No. Amount Status General Scope
Pending 435,049.98 $ Pending CO New Request Avidex audio visual (conference rooms, general building) Pending 126,500.00 $ Pending CO Con Related Time Impact Analysis Construction CO - pending resolutionPending 100,000.00 $ Pending CO New Request ASI 8 Exterior Signage Pending 16,000.00 $ Pending CO New Request ASI 8 Electric turnstile conduits Pending 121,000.00 $ Pending CO New Request ASI 8 turnstile equipment Pending 90,000.00 $ Pending CO New Request ASI 8 east patio guardrail, elevator canopy Pending 30,000.00 $ Pending CO New Request ASI 8 room redesign for extended patio and hallway Pending 80,000.00 $ Pending CO New Request ASI 8 east patio expansion flooring Pending 20,000.00 $ Pending CO New Request ASI 8 grill gas lines Pending 5,000.00 $ Pending CO New Request ASI 8 Chief's office add furring Pending 58,000.00 $ Pending CO Con Related PCO 16 - ASI 04 (Locker Soffits, added doors)Pending 24,000.00 $ Pending CO New Request PCO 17 - ASI 05 (Exhaust Hood and appurtenances) Pending 49,000.00 $ Pending CO New Request Conference Room Podium Pending 1,100.00 $ Pending CO Con Related K-9 Wash area Pending 4,000.00 $ Pending CO Con Related Domestic Hot Water Tank Pending 13,946.00 $ Pending CO Con Related Added copper Pending 50,000.00 $ Pending CO Con Related Gas Line Trench + Backfill (Main St.) Pending 1,000,000.00 $ Pending CO New Request Parking Shade Structures- With PV & Lighting (pending contract light poles credit) Pending 6,695.00 $ Pending CO New Request Additional Furniture Pending 79,023.00 $ Pending CO New Request Fire system pre action B 105 Pending 120,000.00 $ Pending CO New Request Day Wireless (relocation of the existing consoles) Pending 40,000.00 $ Pending CO New Request additional card readers and camaras Pending 33,000.00 $ Pending CO New Request Meco Roller shades for windows Total $2,502,313.98Note: The term "New Request" refers to added scope not related or included in the original Construction Contract. However, adding or incorporating into Construction Contract allows for timely delivery of project and potential cost savings as compared as doing after construction finishes.

City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243

SUBMITTED
ACTION ITEM (ID # 2025-270)
Item: 18.

Meeting: 8/19/2025 3:30 PM
Department: Police
Category: Ordinance
Prepared by: Rene McNish ,
Lieutenant
Department Head: James Thompson
DOC ID: 2025-270
Approving the proposed changes to the city ordinance regarding unlawful camping and unlawful storage will enhance the El Centro Police Department’s effectiveness in addressing these community concerns.

CITY MANAGER'S RECOMMENDATION:

Adopt Ordinance No. 25- , AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL CENTRO REVISING SECTION 18-149 OF THE MUNICIPAL CODE TO

CLARIFY ITS TERMS AND PROVIDE THAT VIOLATIONS OF THE CAMPING

PROVISIONS OF THAT CODE MAY BE PROSECUTED AS MISDEMEANORS AND DECLARING THE URGENCY THEREOF.

FISCAL IMPACT:

None
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Community Health, Safety & Welfare
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKS, INSURANCE, ETC.:

BACKGROUND:

The City recognizes the complex challenges associated with homelessness, including camping activities occurring on streets, in parks, public spaces, utility rights-of-way, and occasionally on private property. The impact is particularly noticeable in the downtown area, where ongoing efforts are underway by the City and local business owners to enhance the area as an inclusive and welcoming gathering place for all community members.

Current municipal codes addressing unauthorized camping only permit enforcement through infractions that carry monetary penalties, which often fail to effectively address underlying issues faced by individuals experiencing homelessness. To provide the City with more effective tools and flexibility, it is proposed that violations related to unauthorized camping under Article VIII be designated as misdemeanors. However, understanding the sensitive nature of these circumstances, the Municipal Code authorizes the City Attorney to reduce any misdemeanor charges to infractions when appropriate, ensuring a fair and compassionate enforcement approach tailored to individual cases.

DISCUSSION:

Approving the proposed changes to the city ordinance regarding Unlawful Camping and Unlawful Storage will enhance the El Centro Police Department’s effectiveness in addressing these community concerns. Currently, violations for illegal camping and

storage are classified as infractions, limiting enforcement effectiveness and voluntary compliance. Allowing officers the discretion to address these violations through custodial measures, when necessary, typically increases voluntary compliance and promotes a safer and cleaner environment for all residents.

CONCLUSION:

Approve and authorize the modifications to the City Ordinance to the Chief of Police, or their designees, to enforce unlawful camping and unlawful storage ordinances as misdemeanors.

ATTACHMENTS:

1. Ordinance No. 25-

08/2025/cdz/A25-0079/Reso/CampingProvisionRevisions 1
ORDINANCE NO. 25-04

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL CENTRO REVISING SECTION 18-149 OF THE MUNICIPAL CODE TO CLARIFY ITS TERMS AND

PROVIDE THAT VIOLATIONS OF THE CAMPING PROVISIONS OF THAT CODE MAY

BE PROSECUTED AS MISDEMEANORS AND DECLARING THE URGENCY THEREOF Section 1. Findings: The City Council of the City of El Centro finds as follows:
a. The City has a number of persons camping on public streets and adjacent rights-of-way as well as in parks and other public areas, including but not limited to utility and railroad rights of way, which camping creates immediate health and safety impacts for both those camping and those members of the public utilizing such public streets, parks, rights-of-way and other areas; and b. This situation is especially acute in the downtown area and has created emergency issues in some cases which need to be addressed without delay to avoid or mitigate health and safety impacts from sanitation issues in such public areas as well as lack of access, including for those with disabilities; and
c. The City and the downtown business owners are working to upgrade the downtown area as a gathering place for the entire City which requires that the camping issues be addressed. d. Clarification of code enforcement tools is needed to assist with such issues. e. Prosecution of violation of the camping provisions of the City Code now may be prosecuted only as an infraction, subject only to monetary fines which may be meaningless in some situations.
f. The City Council is and remains committed to addresses the issue of homelessness.

Section 2. The City Council of the City of El Centro does ordain as follows:

Section 18-149. Violations, shall be amended to read as follows. (i) Violations of this article shall be a misdemeanor.
(ii) Notwithstanding. although the penalty for violation of this Article VIII is a misdemeanor, under the authority provide by Section 1-12, the City Attorney may reduce that misdemeanor to an infraction when appropriate to do so. (iii) The City shall adopt policies and procedures to support the provisions of this Article.

Section 3. This ordinance is an urgency ordinance which shall be effective immediately upon adoption in order to protect public health and safety days from the date of its adoption. Within fifteen (15) days after adoption, it shall be published once in a newspaper published and circulated within the City of El Centro, California.

08/2025/cdz/A25-0079/Reso/CampingProvisionRevisions 2
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California, held on the 19th day of August, 2025.

BY______________________________
Sonia Carter, Mayor
ATTEST:
___________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:

Office of the City Attorney
______________________________
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 Urgency Ordinance No. 25- was duly and regularly adopted at a special meeting of the City Council of the City of El Centro, California, held on the 19th day of August, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

By
Norma Wyles, City Clerk

City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243

SUBMITTED
ACTION ITEM (ID # 2025-253)
Item: 19.

Meeting: 8/19/2025 3:30 PM
Department: Community Services
Category: Reports
Prepared by: Omar Negrete, Engineer
Department Head: Adriana Nava
DOC ID: 2025-253
Discussion and any necessary action regarding the approval of bid documents for Frazier Field - Eddie White Complex Parking Lot Project.

CITY MANAGER'S RECOMMENDATION:

Approve Bid Documents for the Frazier Field - Eddie White Complex Parking Lot Project and authorize the Community Services Department to send the project out to bid.

FISCAL IMPACT:

In 2021, the City submitted a grant application to the Imperial County Air Pollution Control District. Although the grant was not awarded at the time, the City was notified in 2024 that funding in the amount of $342,012 had been approved for a parking lot at Frazier Field - Eddie White Complex. Given the time that has passed since the original submission, it is anticipated that project bids may exceed the budgeted amount. Prior to awarding the contract, staff will return to Council to address any potential funding shortfall.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

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

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKS, INSURANCE, ETC.:

The Due Diligence process will be completed after bid opening. This process will include contractor's license and business license verification.

BACKGROUND:

The City of El Centro and El Centro Elementary School District have a Joint Use Agreement for Frazier Field - Eddie White Complex (the facility), located at the southwest corner of Villa Avenue (extended) and 6th Street. The City owns the eastern half of the property and the school district owns the western half of the property. These ballfields are the main home for games and tournaments hosted by El Centro Little League, which had 225 participants last season. The current parking lot at the facility is undersized for the number of families that use the fields and the residents adjacent to Villa Avenue.

To remediate the parking shortage, City Staff submitted a grant application to the Air Pollution Control District in 2021 to construct a parking lot. The grant was subsequently awarded in 2024 and since the grant award, City Staff has been working on the design of the parking lot.

DISCUSSION:

The proposed project includes the construction of a 59-space parking lot, a bioretention basin, and a 5-foot-wide pedestrian pathway running east-west for a length of 140 feet.

Connectivity to the adjacent ballfields will be established via a 10-foot-wide, 140-foot-long north-south walkway.

Due to property constraints, including landlocked residential parcels to the north, several design considerations were incorporated. The existing alleyway, which provides access to these residential properties, will remain accessible through the installation of new asphalt dikes along the northern project boundary. These dikes are designed to maintain resident access while preventing stormwater runoff from entering the adjacent properties.

Additional improvements to enhance quality of life for nearby residents include upsizing an existing waterline from 1 inch to 4 inches to improve water pressure. The project design also eliminates the need for a pump station, thereby avoiding the ongoing maintenance and electrical infrastructure costs typically associated with such systems.

Other planned improvements include the installation of a new driveway, curb ramps, alley approaches, and preservation of existing survey monuments. Relocation of traffic signs and adjustment of utility valves may also be required. Temporary traffic control measures will be in place throughout the duration of the project to ensure public safety.

CONCLUSION:

It is Staff's recommendation that city council approve the Bid Documents and authorize staff to send project out to bid.

ATTACHMENTS:

1. FRAZIER FIELD BID DOCUMENT

2. PLANS 08-04-2025

City of El Centro
FRAZIER FIELD – EDDIE WHITE COMPLEX

PARKING LOT PROJECT

PROJECT MANUAL

PROJECT CODE
August 2025

06/2025/cdz/A25-0104/BidDoc/FrazierField_EddieWhiteParkingLot

CITY OF EL CENTRO

STATE OF CALIFORNIA
FRAZIER FIELD – EDDIE WHITE COMPLEX PARKING LOT PROJECT

TABLE OF CONTENTS
Title Section Page Number
Invitation for Bids 2-7
Required Documents 8
Proposal Requirements 9-11
Proposal Bid Form 12-14
Bid Bond 15
Proposal Agreement 16
Construction Services Agreement 17-28
Faithful Performance Bond 29
Workers’ Compensation Insurance Certification 31
Drug and Alcohol Testing Requirements 32
Subcontractor’s Listing 33-34
Noncollusion Affidavit 35
Corporate Certification or Partnership Information 36
Contractor’s Certification of Qualification for License Classification 37 General Conditions 38-56
Supplemental General Conditions (State) 57-61
Specifications 62
Special Provisions 63-77
Technical Specifications 78-95
State Labor Standards Provisions 96
Certification of Understanding and Authorization 97
Exhibit B 98-102
Payroll Forms 103
State prevailing Wages 104
Plans -

2 INVITATION FOR BIDS

1. GENERAL INFORMATION
The City of El Centro (“the City”) is inviting bids for the “Frazier Field – Eddie White Complex Parking Lot Project” located at Frazier Field Park, 1150 N 6th St, in El Centro, California

2. SCOPE OF WORK
This project encompasses general demolition, including saw cutting of concrete and asphalt, and responsible disposal of construction waste. The construction scope includes installing new asphalt pathways, dikes, gutters, approaches, curb ramps, and streets, including AC joiner strips and survey monument preservation. Additionally, a bioretention basin will be constructed in accordance with the plans, specifications, and special provisions.

3. PROJECT SCHEDULE
To be completed within ninety (90) calendar days after the issuance of a Notice to Proceed. All days set out in this Bid Packet are calendar days unless otherwise specified.

4. PROPOSAL REQUIREMENTS
SEALED PROPOSALS will be accepted at the Office of the City Clerk, City Hall, 1275 Main Street, El Centro, California until 2:00 PM local time on________________ , 2024, at which time all proposals will be publicly opened and read aloud.

No bid will be received unless it is made on the prescribed bid form furnished by the City. Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his/her address, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form. No emailed bids will be accepted.

Questions may be submitted until 10 days before bid opening via email through Planetbids.com.

Any responses will be posted as an addenda to the bid documents. No oral responses will be given.

3 PLANS & SPECIFICATIONS:

Copies of plans and specifications (bid book) may be obtained at Planetbids.com via the City of El Centro website www.cityofelcentro.org.

Bidders are also responsible for checking the City’s website at www.cityofelcentro.org for any addenda that may be posted.

MANDATORY PRE-BID MEETING: Bidders are required to attend a pre-bid meeting which will be conducted by the City at 10 a.m. on _______________, 2025. The meeting will be held at the City’s Economic Development Department Conference Room located at 1249 Main Street in El Centro. The object of the meeting is to acquaint bidders with the site conditions and mandatory bidding requirements.

Each bid must be accompanied by a guaranty of cash, certified check, cashier’s check or bid bond made payable to the City of El Centro for an amount equal to at least ten percent (10%) of the bid. Such guaranty will be forfeited should the bidder to whom the contract is awarded fail to enter the contract. All guaranties are to be returned after the contract is awarded.

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

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

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

State Prevailing Wage Rates:

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

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

All bids are to be compared on the basis of the Engineer estimate of the quantities of work to be done. A bid will only be accepted from a contractor who is licensed in accordance with the

4 provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California as amended.

Liquidated damages:

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

Contractor and Subcontractor Registration with Department of Industrial Relations.

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Public Contract Code §4104, or engage in the performance of any contract for public work, as that term is defined in Division 2, Part 7, Chapter 1 of the Labor Code, unless currently registered and qualified to perform public work pursuant to Labor Code §1725.5. It is not a violation of Labor Code §1771.1 for an unregistered contractor to submit a bid that is authorized by Business and Professions Code §7029.1 or by Public Contract Code §§ 10164 or 20103.5, provided the contractor is registered to perform public work pursuant to Labor Code §1725.5 at the time the contract is awarded. A bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor’s and all subcontractor's current registration to perform public work pursuant to Labor Code §1725.5.

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

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

If bidder is a corporate entity and is awarded the contract, prior to execution of the contract, the contractor shall submit satisfactory, documentary proof that the person(s) executing said contract on the behalf of said corporation has authority to do so.

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

RETAINAGE FROM PAYMENTS: CONTRACTOR may elect to receive one hundred (100%) percent of payments due under the Contract Documents from time to time, without retention of any portion of the payment by OWNER, by depositing securities of equivalent value with OWNER in accordance with the provisions of section 22300 of the Public Contract Code. Such securities, if deposited by CONTRACTOR, shall be valued by OWNER, whose decision on valuation of the securities shall be final. Securities eligible for investment under this provision shall be limited to those listed in section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit or any other security mutually agreed to by CONTRACTOR and OWNER.

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

A. Solicitation Phase Protest. The purpose of the solicitation is to obtain competitive Bids from Bidders. Any Bidder who has submitted a bid and who believes that a free and open competition has not taken place or that a particular specification or requirement is impractical, unduly restrictive, or ambiguous may advise the AGENCY of its concerns by submitting a detailed Solicitation Protest Statement in accordance with the requirements set forth below in this Section A. The Protest does not replace the requirement to report irregularities in the bid documents.
(1) Contents and Requirements
A solicitation protest must be submitted to the contact named in the bid documents by personal delivery or email by close of business at least fifteen (15) calendar days prior to the Bid due date, and must contain all of the following to be considered:
a. The name, address, and telephone number of the protester; and b. The Project Name and Project Number; and
c. A detailed statement setting forth the grounds for protest, which shall include all the factual and legal documentation in support of the protest in sufficient detail to establish merits of the protest; and d. The desired resolution of the protest.

If the submitted protest does not comply with the requirements set forth herein, then it will not be considered for evaluation and will be returned to the protestor. Any grounds for protest not raised are waived. The protest may not be amended after filing. The protest is a public document.
(2) Evaluation and Determination
No hearing will be held on the protest. City’s Public Works Director or designee (“_Public Works

6 Director”), will review the protest and any supporting material and conduct an investigation of the facts. He/she may, but need not, requires other Bidders to submit statements or arguments regarding the protest and may discuss the protest with the protestor.

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

B. Protest of Award
(1) Contents and Requirements
Following the opening of the Bids any unsuccessful Bidder may protest City’s proposed award of the Contract by submitting a protest to the Public Works Director no later than close of business on the fifth business day after the proposed award of the bid. That protest must be submitted in a timely manner, signed by the protesting Bidder, and must contain all of the following to be considered:
a. The name, address, and telephone number of the protestor; and b. The Project Name and Project Number; and
c. The City action or recommendation that is being protested; d. A detailed statement setting forth every ground, reason, legal authority and facts in support of the protest, including all documents and evidence including specific references to parts of the bid documents; and
e. A clear statement of the relief request
A protest that does not comply with the requirements set forth herein will be returned to the protestor. The protest shall not be amended after filing. Any grounds for protest not raised are waived. The protest is a public document.

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

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

C. Delay in Award

7 Execution of any proposed contract shall be delayed pending the resolution of the protest unless one or more of the following conditions is present:

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

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

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

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

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

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

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

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

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

F. Remedies
If the City determines that the award or proposed award was not made in accordance with applicable statues, regulations, policies and/or procedures, the City, in its sole discretion, may grant any of the following remedies or any other remedy it deems appropriate:

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

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

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

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

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

END OF INVITATION FOR BIDS

8 REQUIRED DOCUMENTS
The following is a list of documents to be submitted as part of the bid packet. Proposals not containing the following documents could be considered incomplete and are subject to rejection.
• Completed Proposal/Bid Form
• Bid Bond
• Proposal Agreement
• Workers’ Compensation Certificate
• Drug/Alcohol Testing Requirements
• Noncollusion Affidavit
• Subcontractor Listing
• Corporate Certification Partnership Information
• Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion • Faithful Performance and Labor and Materials Bond
• Certification of Qualifications for License Classification

9 PROPOSAL REQUIREMENTS

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

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

If the bid is made by an individual, the individual's name and post office address must be shown. If made by a firm or partnership, then the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, then the bid must show the name of the State under the laws of which the corporation is chartered and the name, titles and business addresses of the President, Secretary and Treasurer.

A certification by the legal representative of the firm must be included in the bid.

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

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

4.1 Omissions and Discrepancies: If the bidder finds discrepancies in or omissions on the drawings, or other contract documents or if bidder is in doubt as to their meaning, the bidder must at once notify the Director of Public Works who may send a written instruction to all bidders. Discrepancies or omissions raised after the award of bid are not a basis for relief of the bidder.

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

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

5. Bidder’s Guaranty: All bids shall be presented under sealed cover and shall be accompanied by cash, cashier's check, certified check, or bid bond made payable to the City of El Centro for an amount equal to at least ten percent (10%) of the amount of said

10 bid, and no bid shall be considered unless such cash, cashier's check, certified check or bid bond is enclosed therewith.

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

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

5.3 Sureties: The successful bidder shall also promptly secure with a responsible corporate surety or corporate sureties satisfactory bonds conditioned upon faithful performance by the said bidder of all the requirements under the contract and upon the payment of claims of any material men and laborers thereunder. The form of such bonds is set out in these bid documents. Such bonds shall meet the requirements of Section 11 below

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

7. Projects financed in whole or in part with State funds shall be subject to inspection at all times by the Director of Public Works or his agents.

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

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

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

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

The bond for material men and laborers shall be in an amount equal to not less than one hundred percent (100%) of the contract price. The form of bond required is attached to the form of contract below.

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

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

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

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

13. PREVAILING WAGES: In accordance with the provisions of Labor Code §§1770 to 1781, the City Council of the City of El Centro has adopted the latest publication of the General Prevailing Wage Rates entitled, “State of California, Department of Transportation, Equipment Rental Rates and General Prevailing Wage Rates.

END OF PROPOSAL REQUIREMENTS

12 PROPOSAL BID FORM
TO THE CITY OF EL CENTRO:

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

BASE BID SCHEDULE

SCHEDULE A
Item Description
Unit Amount Unit
Price Total Price
1 Traffic Control LS
2 Mobilization / Demobilization / Required permits LS
3 Materials Testing and Compaction LS
4 Construction Surveying Including As-Built Plan
Documents
LS
5 Unclassified excavation
CY
6 Site grading and compaction SF
7 Construct Asphalt Concrete, HMA 2.5" SF
8 Construct Class II Base for asphalt CY
9 Construct 4" Class II base pathway CY
10 Furnish and install concrete wheel stops EA
11 Construct Ribbon Gutter SF
12 Striping and signage
LS
13 Construct type E Dike per CALTRANS detail LF
14 Installation of 24"x24" drop inlet EA

13 15 Installation of 12" HDPE pipe, including fittings LF 16 Installation of 8" HDPE pipe LF
17 Installation of 3" layer of 3/4" crushed rock CY
FRAZIER FIELD – EDDIE WHITE COMPLEX PARKING LOT PROJECT / El Centro, CA For the total sum of:

Dollars
($ ), hereinafter called Base Bid Price
AWARD BASIS: The contract will be awarded based on the lowest responsive and responsible Total Bid Price as shown on Proposal Bid Form.

1.00 – The undersigned hereby acknowledges the receipt of the following addendum:

None______; No. 1______; No. 2______; No. 3______; No. 4 ______; No. 5______

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

3.00 – The undersigned hereby accepts on the behalf of his firm all provisions and requirements of the contract documents, including but not limited to those related to time of completion and liquidated damages.

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

Name of firm:

Address of firm:

Telephone
Number:
( ) Fax Number: ( )

14 Contractor’s License
Number:

Type:

Signed: Date:

END OF PROPOSAL/BID FORM

15 BID BOND
KNOW ALL MEN BY THESE PRESENTS:

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

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

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

IN WITNESS WHEREOF, we have hereunto set our hands and sealed this ________day of _______________, 202___.

BY:

BY:

Insurance companies A.M. Best Company identifying
number:

END OF BID BOND

16 PROPOSAL AGREEMENT
The undersigned agrees that this bid may not be withdrawn within a period of ninety (90) days from the opening thereof, and further agrees that in case of default in executing the required contract with necessary bonds with the ten (10) days, not including Sunday, after having received notice that the contract is ready for signature, the proceeds of the check or bond accompanying his/her bid shall become the property of the City of El Centro, California.

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

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

License Number: Class:

Registration Number:

Company
Business Address
Telephone Number
Fax Number
Signature Bidder Date

END OF PROPOSAL

17 CITY OF EL CENTRO

CONSTRUCTION SERVICES AGREEMENT
This CONSTRUCTION SERVICES AGREEMENT (“Agreement”), is made and effective , by and between the City of El Centro, a municipal corporation ("CITY"), and , a ("CONTRACTOR"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

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

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

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

II. TIME FOR PROJECT COMPLETION
All of CONTRACTOR’s work on the Project shall be completed within durations established for the individual activities as set forth in the Project Schedule attached hereto as Exhibit B. All work shall commence within ten (10) calendar days after receiving a written Notice to Proceed from the CITY. The Project shall be completed within 90 calendar days from the date of commencement of work, unless earlier terminated or extended as provided in Article 12.

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

18 I. PROGRESS PAYMENTS
a. For CONTRACTOR's full and complete performance of its obligations under this Agreement, and subject to the maximum cumulative payment obligation provisions set forth in Article 6 below, CITY shall pay CONTRACTOR in accordance with Sections 1-23, 1-24, 1-25 and 1-26 of the General Conditions.
b. CONTRACTOR shall submit invoices monthly during the term of this Agreement, based on the cost for services performed prior to the Invoice date. Invoices shall contain the following:
• Serial identification of progress bills: i.e., Progress Bill No. 1 for the first invoice, etc. • The beginning and ending dates of the billing period
• A task summary containing the original contract amount, the amount of prior billings, the total due the current period, the balance available under the Agreement and the percentage of completion • At CITY's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, and/ or a brief description of the work
• The CONTRACTOR's signature
c. Monthly Payment CITY shall make payments based on invoices received for services satisfactorily performed and may retain 5% of such amount.

Notwithstanding, Public Contract Code Section 22300 permits the substitution of securities for any monies withheld by a public Agency to ensure performance under a contract, at the request and expense of the CONTRACTOR until completion of the term of the contract. The provisions of Exhibit “B,” attached and incorporated, govern such substitution.
d. Final Payment CITY shall pay the last 5% of the total sum due pursuant to this Agreement within thirty - five (35) days after written acceptance of all satisfactory work under this Agreement (which may be indicated by a Notice of Completion) or as otherwise agreed with the Contractor. e. Contractor Claims Any Contractor claims under this Agreement are subject to the provisions of Public Contract Code Section 9204, attached and incorporated here as Exhibit "A".

V. INDEMNITY, DEFENSE AND HOLD HARMLESS AGREEMENT
CONTRACTOR shall indemnify, defend with legal counsel approved by CITY, and hold harmless City, its officers, agents, employees and volunteers (“CITY”) from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the CITY. Should conflict of interest principles preclude a single legal counsel from representing both CITY and CONTRACTOR, or should CITY otherwise find CONTRACTOR’s legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable legal counsels’ fees, expert fees and all other costs and

19 fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the CITY with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

CONTRACTOR’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this agreement, CONTRACTOR shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of CITY.

VI. PREVAILING WAGES
Wage rates for this Project shall be in accordance with the “General Wage Determination Made by the Director of Industrial Relations Pursuant to California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1, for Riverside County. Wage rates shall conform to those posted at the CITY offices and the Project site. Statutory provisions for penalties for failure to pay prevailing wages or to comply with State wage and hour laws will be enforced.

The following Labor Code sections are hereby referenced and made a part of this Agreement:

1. Section 1773.8 - Travel and Subsistence Pay

2. Section 1774 - Prevailing Wage Requirement

3. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates

4. Section 1776 - Payroll Records (as applicable)

5. Section 1777.4 - Apprenticeship Requirements

6. Section 1777.5 - Apprenticeship Requirements

7. Sections 1810 and 1811 - Working Hour Restrictions

8. Section 1813 - Penalty for Failure to Pay Overtime

9. Section 1815 – Overtime Rate Requirement
VII. RECORD AUDIT
Under California Government Code, Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars ($10,000), any records or documents of both the CITY and the CONTRACTOR shall be subject to examination, audit, and/or copying at any time during regular business hours by the Auditor General for a period of

20 three (3) years after final payment, upon oral or written request of the CITY.

VIII. CERTIFICATIONS
At the time of commencing work and throughout the Project duration, CONTRACTOR shall be in possession of a valid California State Contractor’s License with the following classifications: [Class A License]
Furthermore, CONTRACTOR shall ensure that any subcontractor working on the Project possesses at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing.

If CONTRACTOR is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and in good standing in the State of _____________, and that _________________ whose title is __________________________, is authorized to act for and bind the corporation.

IX. BONDING REQUIREMENTS
CONTRACTOR shall deliver to the CITY two fully executed, identical counterparts of the Faithful Performance Bond and Payment (Labor and Materials) Bond. Each bond shall be for one hundred percent (100%) of the Contract Price. The surety insurer shall be admitted to transact surety business in the State of California, in accordance with Code of Civil Procedure section 995.120. Personal sureties and unregistered surety companies are unacceptable. Failure to furnish a bond within the time requirements may result in the forfeiture of the Bid Guarantee at the sole discretion of City.

X. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF PROJECT In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if the CONTRACTOR for a period of three (3) calendar days after receipt of written demand from CITY or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within said three (3) calendar days, fails to continue to do so; then the CITY may exclude the CITY from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the CITY to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the CITY, shall be a charge against the CONTRACTOR, and may be deducted

21 from any money due or becoming due to CONTRACTOR from the CITY, or the CONTRACTOR shall pay the CITY the amount of said charge, or the portion thereof unsatisfied. The sureties, provided for under this Agreement shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by the CITY.

22 XI. INSURANCE
Prior to the beginning of and throughout the duration of the Work, CONTRACTOR and its subcontractors shall maintain insurance in conformance with the requirements set forth below.

CONTRACTOR will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.

CONTRACTOR shall not allow any subcontractor to commence work on any subcontract until CONTRACTOR has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to DISRICT. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. All insurance coverage and limits provided by CONTRACTOR and available or applicable under this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement limits the application of such insurance coverage.

CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to CONTRACTOR or its subcontractors in excess of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to CITY.

A. CONTRACTOR shall provide the following types and amounts of insurance:

Without limiting CONTRACTOR’s indemnification of CITY, and prior to commencement of Work, CONTRACTOR shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and, in a form, satisfactory to CITY.

General liability insurance CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile liability insurance CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Workers’ compensation insurance CONTRACTOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, CONTRACTOR

23 shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.

CONTRACTOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.

Other provisions or requirements
a. Proof of insurance CONTRACTOR shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by CITY’s risk manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.
b. Duration of coverage CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONTRACTOR, his agents, representatives, employees or subcontractors. CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies. c. Primary/noncontributing Coverage provided by CONTRACTOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.
d. CITY’s rights of enforcement In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may cancel this Agreement.
e. Acceptable insurers All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the CITY’s risk manager.
f. Waiver of subrogation All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow

24 CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
g. Enforcement of contract provisions (non estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.
h. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. i. Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
j. Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
k. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing. l. Separation of insureds. A severability of interests’ provision must apply for all additional insureds ensuring that CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. m. Pass through clause. CONTRACTOR agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by CONTRACTOR, provide the same minimum insurance coverage and endorsements required of CONTRACTOR. CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. CONTRACTOR agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to CITY for review.
n. CITY’s right to revise requirements. The CITY reserves the right at any time during the

25 term of the contract to change the amounts and types of insurance required by giving the CONTRACTOR a ninety (90) day advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the CITY and CONTRACTOR may renegotiate CONTRACTOR’s compensation.
o. Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.
p. Timely notice of claims. CONTRACTOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
q. Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.
r. Claims-made limitations. The following provisions shall apply if any of the required policies are written on a claims-made basis:
i. The retroactive Date of the policy must be shown and must be before the date of the Agreement or the beginning of the contracted work.
ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work. iii. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a Retroactive Date that precedes the date of this Agreement, CONSULTANT must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work. The CITY shall have the right to exercise, at the CONSULTANT'S sole cost and expense, any extended reporting provisions of the policy, if the CONSULTANT cancels or does not renew the coverage. iv. A copy of the claim reporting requirements must be submitted to the CITY prior to the commencement of any work under this Agreement.

XII. REGISTRATION REQUIREMENTS
Pursuant to Section 1771.1(a) of the Labor Code, CONTRACTOR and all subcontractors must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects. CONTRACTOR must ensure registration with the DIR that is active and in good standing.

No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code

26 section 1725.5.

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

NOT APPLICABLE: If CONTRACTOR is not required to register with the Department of Industrial Relations due to the Small Project Exemption, Effective July 1, 2017, CONTRACTOR is still required to maintain certified payroll records on a continuous basis, and provide them to the Labor Commissioner’s Office upon request. Certified payroll records will be provided by CONTRACTOR to CITY upon request.

XIII. PROVISIONS REQUIRED BY LAW
Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party the Agreement shall forthwith be physically amended to make such insertion or correction. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.

Clayton andCartwright Acts: TheCONTRACTORand any and allsubcontractors offer and agree to assign to the CITY all rights, title and interest in and to all causes of action they may have under Section 4 of the Clayton Act (15 USC Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Profession Code) arising from purchases of goods, services or materials pursuant to the public works contract or any subcontract.

Trenching: For any jobs involving trenching more than four (4) feet deep, the CONTRACTOR shall notify the CITY of hazardous materials, subsurface or latent physical site conditions different from those indicated in information about the site made available to bidders, as well as unusual site conditions and the CITY shall investigate those as required by Public Contracts Code Section 7104.

XIV. SUBSURFACE HAZARDOUS MATERIALS
A. In the event trenches or other excavations extend deeper than four (4) feet below the surface, the CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the CITY in writing of any:

1. Material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II or Class III disposal site in accordance with the provisions of existing law.

2. Subsurface or latent physical conditions at the site differing from those indicated.

3. Unknown physical conditions at the site of any unusual nature, different materially

27 from those ordinarily encountered and generally recognized as inherent in the Work or the character provided for in the CONTRACT.

B. Upon receipt of said notification the CITY will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the CONTRACTOR's cost of or the time required for performance of any part of the work, the CITY will issue a change order under the procedures described in the General Conditions.

C. In the event that a dispute arises between the CITY and the CONTRACTOR whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in the CONTRACTOR's cost of or time required for performance of any part of the work, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. The CONTRACTOR shall retain any and all rights provided either by Agreement or by law that pertain to the resolution of disputes and protests between the contracting parties XV. LIQUIDATED DAMAGES
Pursuant to Government Code Section 53069.85, if work is not completed within the contract time or in strict accordance with the Project Schedule, it is understood, acknowledged and agreed that the CITY will suffer damage. It is therefore agreed that the CONTRACTOR shall pay to the CITY the sum of Five Hundred ($500.00) for each and every calendar day of delay beyond the Contract Time, or beyond any completion schedule, construction schedule or Project milestones established in or pursuant to the Project Schedule, or beyond the time indicated in the Project Schedule for any individual Contract activity.

CONTRACTOR expressly understands, acknowledges and agrees that such liquidated damages can and shall be imposed if the CONTRACTOR does not meet each and every aspect of any activity schedule, completion schedule, construction schedule or Project milestones established in or pursuant to the Project Schedule. If the CITY accepts work or makes any payment under this Agreement after a default by reason of delays, the acceptance of such work and/or payment(s) shall in no respect constitute a waiver or modification of any provisions regarding Contract Time, a completion schedule, the Project Schedule or the accrual of liquidated damages.

In the event the same is not paid, the CONTRACTOR further agrees that the CITY may deduct the amount thereof from any money due or that may become due the CONTRACTOR under the Agreement. This Article does not exclude recovery of damages under provisions of the Contract Documents, and is expressly in addition to the CITY’s ability to seek other damages.

CONTRACTOR is to refer to Section II, Project Construction Schedule for duration of individual activities. Liquidated damages may be assessed if any individual activity duration exceeds the time indicated for that activity on the Project Construction Schedule.

XVII. COMPONENT PARTS OF THE CONTRACT
A. The complete Agreement shall consist of the following component parts, to-wit: This Agreement; Amendments, if any; the accepted CONTRACTOR’s bid/proposal, dated Month Day, Year, including all required attached documents; each of the component parts of the "INSERT

28 PROJECT TITLE”, IFB Solicitation XX-XXX-XX-XX, dated Month Day, Year; and the addenda, if any. Agreement between CITY and CONTRACTOR and the said other documents are as fully a part of this Agreement as if hereto attached or herein repeated.

This instrument and the other documents mentioned above in this Article 1 constitute the complete and exclusive statement of the term(s) and condition(s) of the Agreement between CITY and CONTRACTOR and it supersedes all prior representations, understandings, and communications. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other term(s) or condition(s).

B. In the event of any discrepancy between or among the portions of the Agreement Documents, the following shall take precedence: (a) Change Orders/ Amendments/ Modifications; (b) this Agreement; (c) the accepted CONTRACTOR’s bid/proposal; (d) Addenda, if any; and (e) the solicitation, dated Month Day, Year.

C. CITY's failure to insist in any one or more instances upon CONTRACTOR's performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of CITY's right to such performance or to future performance of such term(s) or condition(s) and CONTRACTOR's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon CITY except when specifically authorized by signed written amendment to this Agreement issued in accordance with the provisions of this Agreement.

D. All days set out here shall be calendar days unless otherwise specified.

XVIII. ENTIRE CONTRACT
This Contract constitutes the entire contract of the parties. No other Contracts or contracts, whether oral or written, pertaining to the work to be performed, exist between the parties.

This Contract can be modified only by an amendment in writing, signed by both parties.

No waiver of any term or condition of this Agreement shall be a continued waiver thereof.

CONTRACTOR CITY
City of El Centro
By: ____________________________ By: ____________________________ Title: __________________________ Title: __________________________ Date: __________________________ Date: __________________________ ATTACHMENTS:

Non-collusion Affidavit
Faithful Performance Bond
Labor and Materials Bond

29 FAITHFUL PERFORMANCE BOND
Whereas, CITY OF EL CENTRO, State of California, and ____________ (hereinafter designated as “Principal”) have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated ____, 2025, and identified as project ____, is hereby referred to and made a part hereof; and
Whereas, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.

Now, therefore, we, the Principal and ____, as surety, are held and firmly bound unto the CITY OF EL CENTRO (hereinafter called (“City”), in the penal sum of _________________ dollars ($____) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above-bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless CITY OF EL CENTRO, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.

In witness whereof, this instrument has been duly executed by the principal and surety above named, on ____, 2025.
_______________________________
Principal
By: ____________________________
_______________________________
Surety
By: ____________________________
Its Attorney-in-Fact

END OF FAITHFUL PERFORMANCE BOND

30 LABOR AND MATERIALS BOND
Whereas, the CITY OF EL CENTRO, State of California, and ____ (hereinafter designated as “the principal”) have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, dated ____, 2025, and identified as project ____, is hereby referred to and made a part hereof; and
Whereas, under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of El Centro to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

Now, therefore, the Principal and the undersigned as corporate surety and admitted surety insurer, are held firmly bound unto the City of El Centro (“City”) and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of __________ dollars ($____), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

In witness whereof, this instrument has been duly executed by the principal and surety above named, on ____, 2022.
_______________________________ _____________________________ Principal Surety
By: ____________________________ By: __________________________ Its Attorney-in-Fact

END OF LABOR AND MATERIALS BOND

31 WORKERS’ COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by Labor Code §§1860 and 1861:

I am aware of the provisions of section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the work of this contract.
_____________________________ ____________________________ Date Contractor’s Name
____________________________
Contractor’s Signature
____________________________
Title
ATTEST:

By _____________________________
Signature
_____________________________
Title
END OF WORKERS’ COMPENSATION INSURANCE CERTIFICATE

32 DRUG/ALCOHOL TESTING REQUIREMENTS
The Contractor shall execute the following form as required by the Federal Drug and Alcohol, section 49 CFR Part 382.

I agree to comply with the provisions of Federal Omnibus Transportation Employee Testing Act of 1991, and that I will administer a program of alcohol and drug testing of all commercial vehicle operators, as required by Federal Regulations.

Contractor certifies compliance with the City of El Centro’s Drug and Alcohol-Free Workplace Policy as a condition of the State Drug-Free Workplace Act of 1990 (Government Code section 8350 et seq.) and the Federal Drug Free Workplace Act of 1988 (41 U.S.C.A. section 701 et seq.) In addition, Contractor agrees to submit a copy of its own drug free workplace policy.

Dated_____________________________ __________________________________ Contractor’s Name
__________________________________
Contractor’s Signature
__________________________________
Title

END OF DRUG/ALCOHOL TESTING REQUIREMENTS

33 SUBCONTRACTORS LISTING
The Bidder shall list below the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent (.005%) of the prime contractor’s total bid. The Bidder shall also list below the portion of the work which will be done by each subcontractor under this Contract. The prime contractor shall list only one subcontractor for each portion of the WORK.

If the Bidder does NOT intend to use ANY subcontractors, then state “NONE” in the first block.

The Bidder’s attention is directed to the provisions of the section entitled “Subcontract Limitations” of the Supplementary General Conditions, which stipulates the percent of the WORK to be performed with the Bidders’ own forces. Failure to comply with this requirement will render the Bid non-responsive and may cause its rejection.

PORTION OF WORK NAME/State Contractor
License No/DIR Registration
No

PLACE OF BUSINESS
ADDRESS/TELEPHONE No.

34 * No subcontractor will be used for this project.
*Indicate if no subcontractor will be used.

END OF SUBCONTRACTORS LISTING

35 NON-COLLUSION DECLARATION FOR CORPORATION
The undersigned declares:

I am the of , the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham.

The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true.

The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on [date], at [city], [state].”

END OF NONCOLLUSION DECLARATION FOR CORPORATION

36 CORPORATE CERTIFICATION OR PARTNERSHIP INFORMATION
Name of Corporation or Partnership
_________________________________________________
State of Incorporation
_____________________________________________________________ List names and addresses of each partner, or titles, names and business addresses of President, Secretary and Treasurer.
____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Date_____________________________ Contractor____________________________ Signature_________________________ Title________________________________ ATTEST:
________________________________________
Signature by
________________________________________
Title

END OF CORPORATE CERTIFICATION

37 CONTRACTOR’S CERTIFICATION OF QUALIFICATION

FOR LICENSE CLASSIFICATION
After award of the contract, the Contractor, whether an individual, co-partnership, limited partnership, corporation, or any other combination or organization, shall execute the following form:

1. If an individual, I hereby certify that I am, or my responsible managing employee ________________________ (insert name) is, qualified for the license classification called for in these contract documents.

2. If a co-partnership or limited partnership, the general partner hereby certifies that the general partner _______________________________ (insert name), or responsible managing employee __________________________________ (insert name), is qualified for the license classification called for in these contract documents.

3. If a corporation, or any other combination or organization, the responsible managing officer _______________________________ (insert name), or a responsible managing employee ________________________________ (insert name), is qualified for the license classification called for in these contract documents.

If the individual who qualifies the Contractor for the license classification called for in these contract documents changes during the progress of the work, then Contractor shall, within seven (7) days of any such change, notify the Director of Public Works in writing of such change, including the name, license number and status of the individual.

For the purpose of this Certification, a responsible managing employee shall mean an individual who is a bona fide employee of the Contractor and is actively engaged in the classification of work for which that individual is the qualifying person on behalf of the Contractor under California law.

DATED: ____________________ CONTRACTOR:
___________________________________
SIGNATURE: _____________________________ TITLE:
______________________________
ATTEST:

SIGNATURE BY: ___________________________________________ TITLE: ____________________________________________________

38 GENERAL CONDITIONS
1-01 DEFINITIONS.
a) The word “City” shall mean the City of El Centro, California. b) The term “City Council” shall mean the City Council of the City of El Centro. c) The word “Contractor” shall mean the party of the second part entering into the contract with the City for the performance of work required by these specifications, and legal representatives of said party, or agent appointed to act for said party in the performance of the work. Said party is referred to throughout the contract documents as if of the singular number and the masculine gender.
d) The term “Day” shall mean calendar days unless otherwise provided. e) The term “Director of Public Works” shall mean the City of El Centro Public Works Director, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.
f) The word GREENBOOK shall mean the Standard Specifications for Public Works Construction contained in the latest Edition, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California. Copies of these Standard Specifications are available from the publisher, Building News, Incorporated, 990 Park Center Drive, Suite E, Vista, CA 92081 (760) 734- 1113.
1-02 CONTRACT DOCUMENTS
The Notice of Inviting Bids, the Instructions to Bidders, the Proposal, the Specifications, and the Drawings, together with the Agreement and all documents referenced there, constitute the Contract. These Contract documents are complimentary, and what is called for in any one (1) shall be as binding as if called for in all. The intention of the documents is to require a complete and finished piece of work. The Contractor at its sole cost and expense shall perform all labor and services and shall furnish all materials, tools, equipment, and facilities necessary for the proper execution of the work, with the exception of such items as are definitely set forth in the specifications or the drawings to be furnished by the City. Anything shown in the drawings and not in the specifications or in the specifications and not in the drawings shall be performed by the Contractor as though shown in both the drawings and the specifications. 1-03 AUTHORITY OF THE PUBLIC WORKS DIRECTOR
The Public Works Director shall give all orders and directions contemplated under the contract; shall determine the adequacy of the Contractor’s methods, plans, and appurtenances; shall determine in all cases the amount, quality, acceptability, and fitness of the several kinds of work and materials which are to be paid for; shall determine all questions in relation to said work and the construction thereof; and shall decide in all cases every question, which may arise relative to the fulfillment of this contract on the part of the Contractor. Should any discrepancy appear or any misunderstandings arise as to the import of anything contained in the specifications or drawings, the matter shall be referred to the Public Works Director, who shall decide the same in accordance with the true intent and meaning as construed by that Director, and that decision shall be binding on the Contractor. Any differences or conflicts which may arise between the Contractor

39 and other contractors of the City in regard to their work shall be adjusted and determined by the Public Works Director.
1-04 ACCESS TO WORK
The Public Works Director, their assistants, inspectors, agents, and other employees shall at all times and for any purposes have access to the work and the premises used by the Contractor, and the Contractor shall provide safe and proper facilities therefor. 1-05 LINES AND GRADES
All distances and measurements are given and will be made in horizontal plane. Grades are given from the top stakes, or nails, unless otherwise noted on the plans.

Three consecutive points shown in the same rate of slope must be used in common, in order to detect any variation from a straight grade, and in case any such discrepancy exists, it must be reported to the Public Works Director. If such a discrepancy is not reported to the Public Works Director, the Contractor shall be responsible for any error in the finished work.

Services Assistance Notice: The Contractor shall give at least twenty-four (24) hours’ notice in writing when he will require the services of the Public Works Director for laying out any portion of the work. The Contractor shall furnish the Public Works Director such facilities and labor necessary for marking and maintaining points and lines as he may require. Labor furnished by the Contractor for such purposes will be paid for as extra work.

The Contractor will preserve all stakes and points set for lines, grades or measurements of the work in their proper places until authorized to remove them by the Public Works Director. All expenses incurred in replacing stakes that have been removed without proper authority shall be paid by the Contractor.
1-06 LEGAL ADDRESS OF CONTRACTOR
The address given in the Contractor’s proposal on which the contract is founded is hereby designated as the place to which all notices, letters, and other communications to the Contractor shall be mailed or delivered. The mailing to or delivering at the above-named place of any notice, letters, or other communication to the Contractor shall be deemed sufficient service thereof upon the Contractor. The date of said service shall be the date of such mailing or delivery. Such address may be changed at any time by a written notice signed by the Contractor and delivered to the Public Works Director.
1-07 CONTRACTOR'S RESPONSIBILITIES
(a) The Contractor shall be responsible for safe, efficient, and adequate methods and equipment during the progress of the work so as to secure the safety of the workers, the quality of work required and the required rate of progress. (b) The Contractor shall bear all losses resulting to it on account of the amount of character of the work, or from any unforeseen obstructions or difficulties, which may be encountered, on account of the weather, floods, or other causes.
(c) The Contractor shall assume the defense of and indemnify and save harmless the City and its officers and agents from all claims of any kind arising from his own negligence or that of its agents in the performance of the contract.

40 (d) The Contractor shall be responsible for any materials furnished him and for the care of all work until its completion and final acceptance, and shall at its own expense replace damaged or lost material and repair damaged parts of the work, or the same may be done at its expense by the City.
(e) During the progress of the work the Contractor shall keep the premises occupied by it in a neat and clean condition, and free from any unsightly accumulation of rubbish, unused material, concrete forms, and other equipment and materials belonging to him or used under its direction during construction, and in the event of its failure to do so, the same may be removed by the City at the expense of the Contractor. (f) Traffic Control. The Contractor shall be responsible for maintaining traffic control at all times under the guidelines of the California Manual on Uniform Traffic Control Devices (“California MUTCD”). Contractor shall submit two (2) traffic control plans in a minimum of two (2) business weeks for pre-approval by the Public Works Director before starting construction work.
1-08 CONTRACTOR TO FURNISH INFORMATION
(a) Before proceeding with the erection of the construction plant, and other temporary structures, the Contractor shall furnish the Public Works Director with information and drawings of all such structures as may be required.
(b) Drawings and prints in such detail as may be required, or articles, machinery, or fabricated materials entering into permanent construction which are by these specifications required to be furnished by the Contractor and of which detailed drawings are not furnished by the City shall be submitted by the Contractor for approval and shall become the property of the City. Such approval shall not, however, operate to waive or modify any provision or requirement contained in these specifications.
1-09 EXAMINATION OF WORK
Bidders must examine the location, physical conditions and surrounding of the proposed work and judge for themselves the nature of the excavations to be made and the work to be done.

The Contract documents for the work show conditions as they are supposed or believed by the Engineer to exist, but it is not intended or to be inferred that the conditions as shown therein constitute a representation or warranty, express or implied, by the City or any of it officers or employees, that such conditions are actually existent, nor shall the Contractor be relieved of the liability under his contract, nor shall the City or any of its officers or employees be liable for any loss sustained by the Contractor as a result of any variance between conditions shown in the Contract Documents and the actual conditions revealed during the progress of the work or otherwise.
1-10 PLANS AND DRAWINGS
All authorized alterations affecting the requirements and information given on the approved plans shall be in writing. No changes shall be made of any plan or drawing after the same has been approved by the Public Works Director, except by direction of the Public Works Director.

41 Deviations from the approved plans, as may be required by the exigencies of construction, will be determined in all cases by the Public Works Director and authorized in writing.

Working drawings or plans for any structure not included in the plans furnished by the Public Works Director shall be approved by the Public Works Director before any work involving these plans shall be performed, unless approval is waived in writing by the Public Works Director.

It is mutually agreed, however, that approval by the Public Works Director of the Contractor’s working plans does not relieve the Contractor of any responsibility for accuracy of dimensions and details, and that the Contractor shall conform to the approved plans and specifications. 1-11 PERSONAL ATTENTION
The Contractor shall give his personal attention constantly to the faithful prosecution of the work, and shall be present, either in person or by a duly authorized and competent representative, on the site of the work, continually during its progress, to receive directions or instructions from the Public Works Director. Whenever the Contractor is not present on any part of the work where it may be desired to give directions, orders may be given by the Public Works Director, and shall be received and obeyed by the superintendent or foreman who may have charge of the particular part of the work in reference to which orders are given. 1-12 PROTESTS
All protests and disputes after final award of the contract are subject to the provisions of Public Contract Code Section 9204 as attached and incorporated. 1-13 RIGHT-OF-WAY
The right-of-way for the work to be constructed will be provided by the City. The Contractor shall make his own arrangements and pay all expenses for additional area required by him outside of the limits of the right-of-way, unless otherwise provided in the special conditions. 1-14 TIME AND ORDER OF WORK
(a) The Contractor shall at all times employ such force, plant, materials and tools as will be sufficient, in the opinion of the Public Works Director, to complete the work or any separable portions thereof in accordance with a progress schedule and within the time limit fixed by the contract. If the Contractor should fail to employ sufficient force, plant, materials and tools or to maintain adequate progress he may, after such failure, be required to increase its progress at any point or points or to modify his plans and procedures in such manners and to such extent as the Public Works Director may direct, any extension of such shall not relieve the Contractor from the necessity of maintaining the required progress. In case of an extension by the Public Works Director of the time for the completion of the contract, as hereinafter provided a revised schedule of progress may be prescribed in accordance with such extension of time. (b) The time in which the various portions and the whole of the contract are to be performed and the work is to be completed is of the essence of the contract. 1-15 ASSIGNMENT FORBIDDEN
The Contractor shall not assign, transfer, convey, or otherwise dispose of this contract, or of his right, title or interest in or to the same or any part thereof, without the previous consent in writing

42 of the Public Works Director and he shall not assign, by power of attorney or otherwise, any of the monies to become due and payable under the contract unless by and with the like consent signified in like manner. If the Contractor shall, without such previous written consent, assign, transfer, convey or otherwise dispose of the contract or of his right, title or interest therein, or of any of the monies to become due under the contract, to any other person, company or other corporation, the contract may at the option of the City be terminated and revoked, and the City shall thereupon be relieved and discharged from any and all liability and obligations growing out of the same to the Contractor, and to his assignee or transferee.

No right under the contract, nor any right to any money to become due hereunder, shall be asserted against the City in law or equity by reason of any so-called assignment of the contract, or any part thereof, or by reason of the assignment of any monies to become due hereunder, unless authorized as aforesaid by the written consent of the Public Works Director. 1-16 SUBLETTING
The Contractor shall give his personal attention of the fulfillment of the contract and shall keep the work under his control. Subcontractors will not be recognized as such, and all persons engaged in the work of construction will be considered as employees of the Contractor, and their work shall be subject to the provisions of the contract and specifications. Where a portion of the work sublet by the Contractor is not being prosecuted in a manner satisfactory to the Public Works Director, the subcontractor shall be removed immediately on the recommendation of the Public Works Director and shall not again be employed on the work. 1-17 SUSPENSION OF CONTRACT
(a) If the work to be done under the contract shall be abandoned by the Contractor, or if the Contractor shall make a general assignment for the benefit of his creditors or be adjudicated a bankrupt, or if a receiver of his property or business is appointed by a court of competent jurisdiction, or if this contract shall be assigned by him otherwise than hereinbefore specified, or if at any time the Public Works Director shall be of the opinion that the performance of the contract is unnecessarily or unreasonably delayed, or that the Contractor is willfully violating any of the conditions or covenants of the contract, or of the specifications, or is executing the same in bad faith or not in the time named in the contract for its completion, or within the time to which the completion of the contract may have been extended as hereinbefore provided, the Public Works Director, acting on behalf of the City, may, by written notice, instruct the Contractor to discontinue all work or any part thereof under this contract.
(b) When such written notice is served upon the Contractor as provided in section 1-06, he shall immediately discontinue the work or such part thereof as is covered by the notice and shall not resume the same except by written instructions from the Director of Public Works. In any such case, the City may take charge of the work and complete it by a new contract or by force account. In so doing, the City may take possession of and use any of the materials, plant, tools, equipment, supplies and property of every kind provided by the Contractor for the purposes of his work. The City may procure other materials and provide labor for the completion of same, or contract therefore and charge the expense of completion by either method to the Contractor. These charges shall be deducted from such monies as may be due or may at any time hereafter become due the Contractor under and by virtue of this contract or any part thereof. In case such expense shall exceed the amount which would have been due the Contractor under the contract if the same had been completed by him, he shall pay the amount of such excess to the City; and in case such expense shall be less than the amount which would have been payable under this

43 contract if the same had been completed by the Contractor, he shall have no claim to the difference except to such extent as may be necessary, in the opinion of the Public Works Director, to reimburse the Contractor or the Contractor's sureties for any expense, properly incurred for plant, equipment, materials, supplies and labor devoted to the prosecution of the work of which the City shall have received the benefit and which shall not have been otherwise paid for by the City. In computing such expense so far as it shall be deducted from the depreciated value thereof at the time taken over by the City and the difference shall be considered as an expense. Evidence of such expense satisfactory to the Public Works Director, shall be required, and all necessary estimates and appraisements shall be made by him.

When any particular part of the work is being carried on for the City by contract or otherwise, under the provisions of this section, the Contractor shall continue the remainder of the work in conformity with the terms of his contract, and in such manner as in nowise to hinder or interfere with the persons or workers employed, as above provided, by the City, by contract or otherwise to do any part of the work or to complete the same under the provisions of this section.
1-18 SUSPENSION OF WORK – EXTENSION OF TIME - NO EXTRA COMPENSATION (a) The Public Works Director shall have the authority to suspend the work wholly or in part, for such period as he may deem necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the work or for such time as he may deem necessary due to the failure on the part of the Contractor to carry out orders given or to perform any provisions of the work. The Contractor shall immediately obey such order of the Public Works Director. (b) Applications for extension of time must be made promptly in writing, stating cause. No delay shall be made the basis in any application for extension of time, unless such delay and the cause thereof shall have been called to the attention of the Public Works Director in writing within the ten (10) days from the beginning of such delay. Applications for extension of time shall be addressed to the Public Works Director. (c) Permitting the Contractor to continue and finish the work, or any part of it, after the date to which the time fixed for its completion may have been extended, shall in nowise operate as a waiver on the part of the City or any of its rights under this contract. (d) The Contractor shall receive no compensation on account of any suspension of the work either in whole or in part or for any delay or hindrance herein mentioned except as provided in the Detail Specifications or as otherwise required by law. 1-19 FAILURE TO COMPLETE ON TIME AND LIQUIDATED DAMAGES (a) The Contractor shall pay for each and every day, including Sundays and legal holidays that they shall be in default in completing the whole work to be done under this contract, the sum named in the Special Provisions, which sum is by the execution of the Agreement mutually agreed upon as liquidated damages which the City will suffer by reason of such default. The City shall have the right to deduct the amount of such damages from any monies due or to become due the Contractor under this contract. (b) It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the time specified, the City Council shall have the right to extend the time for completion or not, as may seem best to serve the

44 interest of the City; and if it decides to extend the time limit for the completion of the contract, it shall further have the right to charge to the Contractor, his heirs, assigns or sureties and to deduct from the final payment for the work, all or any part, as it may deem proper of the actual cost of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such extension, except that the cost of final surveys and preparation of final estimate shall not be included in such charges.
(c) The Contractor shall not be assessed with liquidated damages nor the cost of engineering and inspection during any delay in the completion of the work caused by the acts of God or of the public enemy, acts of the City, fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather or delays of subcontractors due to such causes; provided, that the Contractor shall within ten (10) days from the beginning of any such delay notify the Public Works Director in writing of the causes of delay, who shall ascertain the facts and the extent of delay, and his findings of the facts thereon shall be final and conclusive.
1-20 CHANGES
(a) If either the Public Works Director or the Contractor on account of conditions which develop during the progress of the work finds it impracticable to comply strictly with these specifications, the Public Works Director may prescribe a modification of requirements of methods of work. For such purposes, the Public Works Director may at any time during the life of the contract, by written order make such changes as he shall find necessary in the design, line, grade, form, location, dimensions, plan or material of any part of the work or equipment hereinafter specified, or in the quantity or character of the work or equipment to be furnished. If such changes increase or diminish the quantity or amount of work to be done, they shall not constitute the basis for a claim for damages or anticipated profits on the work that may be dispensed with; provided, that if such changes or alterations render useless, any work already done or materials already furnished or used in the work, the Public Works Director shall make reasonable allowance therefore, which action shall be binding upon both parties.
(b) In the event of increasing or decreasing of work, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit price established for such work under the contract, wherever such unit price has been established. In the event no prices are named in the contract to cover such changes or alteration, the cost of such changes shall be covered as hereinafter provided for extra work.
(c) The City reserves the right to increase or decrease the quantity of any item or portion of work or to omit portions of the work as may be deemed necessary or expedient by the Public Works Director.
1-21 EXTRA WORK
(a) If during the performance of the contract, it shall, in the opinion of the Public Works Director, become necessary or desirable for proper completion of the contract to order work done or materials or equipment furnished which in the opinion of the Public Works Director are not susceptible of classification under the bid items, the Contractor shall do and perform such work and furnish such materials and equipment as extra work, as

45 hereinafter provided. All extra work shall be ordered in writing before it is started. No extra work shall be paid for unless ordered in writing. (b) Extra work will ordinarily be paid for at a lump sum or unit price agreed upon in writing by the Public Works Director and the Contractor before the extra work shall be ordered. (c) Whenever in the judgment of the Public Works Director extra work or extra material, as the case may be, is not of like character to and is not susceptible of classification under the bid items of the contract as specified, and it is impracticable because of the nature of the work, or for any other reason to fix the price before the extra work order shall be issued, extra work and material, when furnished by the Contractor, shall be paid for at actual necessary cost of materials, supplies, labor (including foremen’s wages), Workers’ Compensation insurance, contributions made to the State as required by the provisions of the Unemployment Insurance Act, Chapter 352, Statutes of 1935, as amended, taxes paid to the Federal government as required by The Social Security Act, approved August 14, 1935, as amended and the reasonable value of the use of equipment for the actual time it is used, all as determined by the Director of Public Works, plus fifteen percent (15%) to cover the following:

Profit
General Expenses
All insurance except Workers’ Compensation insurance
Excise taxes
Property taxes
Bond premiums
License and inspection fees imposed by any governmental authority Any and all other items of expense not specifically mentioned under this subsection (c) herein
The Public Works Director determination and certification of said actual necessary cost shall be binding and conclusive on the Contractor, and the Public Works Director shall be deemed the arbiter to determine the cost of such work. (d) If any work or materials be ordered under this section on a cost-plus basis, the Contractor shall, at the times directed during the performing of the work or the furnishing of the materials, render to the Public Works Director, written reports in prescribed form, showing all items that may enter into the cost, the quantity and the character of each such material, from whom purchased and the net amount paid or to be paid therefore, and such other information as directed. If required, the Contractor shall produce any books, vouchers, other records, or memoranda, which will assist the Public Works Director in determining the true, necessary cost of the work and materials to be paid for. (e) Any extra work performed hereunder shall be subject to all the provisions of the contract and the Contractor's sureties shall be bound with reference thereto as under the original contract.
1-22 COST BREAKDOWN
Within ten (10) days after commencing work, the Contractor shall submit, to the Public Works Director, a cost breakdown in duplicate of all unit and lump sum prices under the contract. The breakdown, as approved, may be used by the Public Works Director to verify the fair value of the work for progress payments.

46 1-23 PROGRESS ESTIMATES
The Public Works Director, shall on or about the fifth (5th) day of each calendar month, except as provided in section 1-23, make in writing and certify an estimate such as in her/his opinion shall be just and fair, of the amount and value of the work done by the Contractor and of the amount and value of all acceptable materials furnished and delivered by the Contractor to the site and not used up to that time in the performance of the contract. To the figure thus arrived at, shall be added any amounts due the Contractor for extra work and the amount of any approved claims for extra cost to the date of the progress estimate.

A deduction of five percent (5%) shall be made from the estimated value of the work done and fifty percent (50%) of the value of the materials so estimated to have been furnished and delivered and unused, and from the remainder there shall be further deducted any amounts due the City from the Contractor for supplies or materials furnished or services rendered and any the other amounts that may be due the City under the terms of the contract. From the balance thus determined shall be deducted the amount of all previous payments and the remainder shall constitute the progress estimate for that month.

Such progress estimates shall not be required to be made by strict measurement, but they may be made by measurement or by estimation, or partly by one method or partly by the other, and it shall be sufficient if they are approximate only.

Pursuant to Public Contract Code §22300, the Contractor has the option of substituting securities for any money that is withheld under this section.
1-24 PROGRESS ESTIMATES MAY BE WITHHELD
The progress estimates provided for in section 1-23 hereof may at any time be withheld or reduced if, in the opinion of the Public Works Director, the Contractor is not diligently and efficiently endeavoring to comply with the intent of the contract, or if the Contractor shall fail to pay his labor and material bills as they become due.
1-25 PROGRESS PAYMENTS
(a) Upon each progress estimate being made and certified in writing, the City shall, within fifteen (15) days after the date of such estimates, except as set forth in subsection (b) hereof, pay to the Contractor the amount stated in such estimates to be due the Contractor; provided, however, that the City may at all times reserve and retain from such progress payments, in addition to the retained percentage and other amounts above mentioned to be deducted in computing the progress estimated, any sum or sums which by the terms hereof, or of any law of the State of California, it is or may be authorized or required to reserve or retain; and provided further, that no progress estimate or progress payment shall constitute an acceptance of the work or any portion thereof. The percentage deducted as above set forth shall become due and payable with and as a part of the final payment to be made as hereinafter provided. (b) In the event the contract or any part thereof shall be suspended as provided in section 1- 17, the retained percentage as provided in section 1-23, shall become the sole and absolute property of the City to the extent necessary to repay to the City any excess in the cost of the work above the contract price. After issuance of notice to discontinue work, no

47 payments upon progress estimates or otherwise shall thereafter be made the Contractor for the work covered by said notice until completion of the work. 1-26 FINAL ESTIMATE AND PAYMENT
(a) Whenever in the opinion of the Public Works Director the Contractor shall have completely performed the contract on his part, the Public Works Director will submit to the Contractor a written statement of the final quantities of contract items for inclusion in the final estimate.

The Contractor will be expected to submit his written approval of said proposed final quantities within five (5) days of receipt of the Public Works Director’s statement, or in the event the Contractor disagrees with such written statement, shall within said period of five (5) days file a written statement of all claims, which he intends to present. (b) Upon receipt from the Contractor of written approval of the final quantities or such written statement of his claims, the Public Works Director shall make in writing and certify to the City Clerk an estimate in which he shall state, from actual measurements, the whole amount of work done by the Contractor and also the value of such work under and according to the terms of the contract. Within ten (10) days after the date of receipt of the aforesaid approval or state of claims, the Public Works Director shall cause to be filed, on behalf of the City, in the Office of the Imperial County Recorder, a Notice of Completion of the work herein agreed to be done by the Contractor. On the expiration of thirty-five (35) days after the filing of such notice of completion of the work, the City shall pay to the Contractor the amount remaining after deducting from the amount of value stated in the first mentioned estimate all prior payments to the Contractor and all amounts to be kept and retained under the provisions of the contract. (d) All prior estimates upon which partial payments have been made shall be subject to correction in the final estimate. The final estimate and payments made thereunder shall be final and conclusive upon the Contractor.
1-27 RECOVERY OF DAMAGES
The making of an estimate and payment in accordance therewith shall not preclude the City from demanding and recovering from the Contractor such damages as it may sustain by reason of his failure to comply with the specifications.
1-28 FINAL PAYMENT TERMINATES LIABILITY
The acceptance by the Contractor of the final payment aforesaid shall be a release to the City and its agents from all claim and liability to the Contractor for anything done or furnished for or relating to the work or for any act or neglect of the City or of any person relating to or affecting the work except the claim against the City for the remainder, if any, of the amount kept or retained as provided in section 1-31.
1-29 NO PERSONAL LIABILITY
No agent of the City shall be personally responsible for any liability arising under the contract. No claims shall be made or filed and neither the City nor any of its agents shall be liable for or held to pay any money, except as specifically provided in the contract. 1-30 MONIES MAY BE RETAINED

48 The City may keep any monies which would otherwise be payable at any time hereunder and apply the same, or so much as may be necessary therefore, to the payment of any expense, losses or damages as determined by the Public Works Director incurred by the City for which the Contractor is liable under the contract.
1-31 UNPAID CLAIMS
If, upon or before the completion of the work herein agreed to be performed or at any time prior to the expiration of the period within such claims of liens may be filed for the record as prescribed by Civil Code §§ 9350 et seq,, any person or persons claiming to have performed any labor or furnished any material, supplies or services toward the performance or completion of this contract, or that they have agreed to do so, shall file with the City a verified statement of such claim, stating in general terms the kind of labor and materials and the name of the person to or for whom the same was done or furnished, or both, together with a statement that the same has not been paid or if any person or persons shall bring against the City or against any agent or agents thereof any action to enforce such claim, the City shall until the discharges thereof withhold from the monies under its control so much of said monies due or to become due the Contractor under this contract as shall be sufficient to satisfy and discharge the amount in such notice or under such action claimed to be due, together with the costs thereof; provided that if the City shall in its discretion permit the Contractor to file such additional bonds as is authorized by Civil Code §9364, in a penal sum equal to one hundred twenty-five percent (125%) times the amount of said claim, said monies shall not thereafter be withheld on account of such claim. 1-32 ADDITIONAL SURETY
If during the continuance of the contract, any of the sureties upon the faithful performance bond in the opinion of the Public Works Director are/or become insufficient, he may require additional sufficient sureties which the Contractor shall furnish, to the satisfaction of the Public Works Director, within fifteen (15) days after notice and in default thereof the contract may be suspended and the work completed as provided in section 1-17 hereof. 1-33 PREVAILING RATE OF PER DIEM WAGES
The City has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft or type of worker or mechanic needed to execute the contract and has specified same in the Notice of Inviting Bids which is attached hereto and made a part of the contract. The Contractor shall forfeit as a penalty to the City of not more than fifty dollars ($50) for each laborer, worker or mechanics employed for each calendar day or portion thereof, such laborer, worker or mechanic is paid less than the required rates for any work done under the contract by him or by any subcontractor under him in violation of the provisions of the California Labor Code.
1-34 PAYMENT OF WAGES
The issuance as payment for wages of any evidence of indebtedness is prohibited unless the same is negotiable and payable on demand without discount. Wages must be paid at least semimonthly on regular pay days established in advance, and shall include all amounts for labor or services performed by employees of every description as required under the provisions of the California Labor Code.
1-35 EIGHT (8) HOUR LAW

49 The Contractor shall comply with all applicable provisions of Labor Code §§1810 to 1816, inclusive, relating to working hours. The time of service of any laborer, worker or mechanic employed on the work shall be limited and restricted to eight (8) hours during any one (1) calendar day, except in cases of an extraordinary emergency caused by fire, flood or danger to life or property and the Contractor shall forfeit as a penalty to the City of twenty-five dollars ($25) for each such laborer, worker or mechanic employed in the execution of this contract by him or any subcontractor under him for each calendar day during which such laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in violation of the provisions of the California Labor Code.
1-36 OVERTIME - NO EXTRA COMPENSATION
Overtime work (i.e., work in excess of eight (8) hours in any one (1) calendar day or work performed on a Sunday or other legal holiday) shall not entitle the Contractor to any compensation for any contract item in addition to that set forth in the contract for the kind of work performed even though such overtime or legal holiday work may be required under emergency conditions, and may be ordered by the Public Works Director in writing. In case of extra work ordered by the Public Works Director under the provisions of section 1-21 hereof, no additional payment will be made to the Contractor because of the payment by him of overtime or legal holiday rates for such work, unless the use of overtime or legal holiday work in connection with such extra work is specifically ordered in writing by the Public Works Director and then only to such extent as extra payment is regularly being made by the Contractor to his men for overtime or legal holiday work of a similar nature in the same locality.
1-37 CHARACTER OF WORKERS
None but skilled workers shall be employed on work requiring special qualifications. When required in writing by the Public Works Director, the Contractor or any subcontractor shall discharge any person who is in the opinion of the Public Works Director, incompetent, unfaithful, disorderly or otherwise unsatisfactory and shall not again employ such discharged person on the work except with the consent of the Public Works Director. Such discharge shall not be the basis of any claim for compensation or damage against the City or any of its officers. 1-38 SAMPLES AND TESTS
At the option of the Public Works Director, the source of supply of each of the materials shall be approved by the Public Works Director before delivery is started and before such material is used in the work. Representative preliminary samples of the character and quality prescribed shall be submitted by the Contractor or producer of all materials to be used in the work for testing or examination as desired by the Public Works Director.

All tests of materials furnished by the Contractor shall be made in accordance with commonly recognized standards of national organizations, and such special methods and tests are prescribed in these specifications.

The Contractor shall furnish such samples of materials as are requested by the Public Works Director, without charge. No material shall be used until it has been approved by the Public Works Director. Samples will be secured and tested whenever necessary to determine the quality of material.

50 1-39 INSPECTION
The Director of Public Works shall at all times have access to the work during construction, and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship and character of materials used and employed in the work.

Whenever the Contractor varies the period, which work is carried on each day, he shall give due notice to the Public Works Director, so that proper inspection may be provided. Any work done in the absence of the Public Works Director will be subject to rejection. The inspection of the work shall not relieve the Contractor of any of his obligations to fulfill the contract as prescribed.

Defective work shall be made good and unsuitable materials may be rejected notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the Public Works Director and accepted or estimated for payment. 1-40 DEFECTIVE WORK OR MATERIALS – WARRANTIES, GUARANTEES AND

INSTRUCTION SHEETS
(a) If the work, or any part thereof, shall be found defective at any time before the final acceptance of the whole work, the Contractor shall forthwith make good such defects without compensation in a manner satisfactory to the Public Works Director, and the cost of any excess material furnished by the City shall be borne by the Contractor. (b) All materials not conforming to the requirements of these specifications shall be considered as defective and all such material whether in place or not shall be rejected and shall be removed immediately from the site of the work unless otherwise permitted by the Public Works Director. No rejected material, the defects of which have been subsequently corrected shall be used until approved in writing by the Public Works Director. (c) Upon failure on the part of the Contractor to comply with any order of the Public Works Director made under the provisions of this article, the Public Works Director shall have authority to remove and replace defective material and to deduct the cost of removal and replacement from any monies due or to become due the Contractor. (d) The work shall be warranted by the Contractor against defective materials and workmanship for a period of one (1) year. The warranty period shall start on the date the work was completed as determined by the Engineer.
(e) The warranty period for specific items covered under manufacturers’ or suppliers’ warranties shall commence on the date they are placed into service at the direction of or as approved by the Engineer in writing.
(f) All warranties, express or implied, from subcontractors, manufacturers or suppliers, of any tier, for the materials furnished and work performed shall be assigned, in writing, to the City, and any such warranties shall be delivered to the Engineer prior to acceptance of the Contractor’s performance of the contract.
(g) The Contractor shall replace or repair defective materials and workmanship in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the City may perform the replacement or repairs at the Contractor’s expense. If the Contractor fails to reimburse the City for the actual costs, the Contractor’s Surety shall be liable for the cost thereof.

51 1-41 USE OF COMPLETED PORTIONS
The City may at any time during progress of the work, after written notice to the Contractor, take over and place in service any completed portions of the work which are ready for service, although the entire work of the contract is not fully completed and notwithstanding the time for completion of the entire work or such portions which may not be expired. In case, the City shall issue certificates of acceptance for such portions of the work but such taking possession thereof shall not be deemed an acceptance of any other portion of the work, nor of any incomplete portions, nor of any work not completed in accordance with the contract documents. 1-42 PROPERTY RIGHTS IN MATERIALS
Nothing in this contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the work or the soil or after payment has been made for the value of unused material delivered to the site of the work as provided for in section 1-23 hereof. All such materials attached or affixed or unused shall become the property of the City.
1-43 TITLE TO MATERIALS FOUND ON THE WORK
The right to the use of all soil, stone, gravel, sand and all other materials and equipment developed or obtained in the excavation or other operations by the Contractor or any subcontractor or any of their employees and the right to use and/or dispose of the same are hereby expressly reserved in the City and neither the Contractor, nor any subcontractor nor any of their employees shall have any right, title or interest in or to any part thereof nor shall they, nor any of them, assert or make any claim thereto. The Contractor shall be permitted to use in the work, without charge, any such materials, which meet the requirements of these specifications. 1-44 ENFORCEMENT OF ORDER
The Contractor shall be responsible for maintaining good order at the site where work is performed under this contract and to that end shall employ such watchmen or other persons as may be required. Unauthorized persons shall be excluded from the site of the work. The Contractor shall not sell, nor shall he permit or suffer the introduction or use of intoxicating liquors or narcotics upon the works embraced in these specifications or upon any of the grounds occupied or controlled by him in connection with such works.
1-45 PATENTS AND COPYRIGHTS
The Contractor shall hold and save the City, it officers, agents and employees harmless from liability of any nature and kind including costs and expenses for or on account of any copyrighted or copyrighted composition, secret process, patented or un patented invention, article or appliance manufactured, furnished or used by him in the performance of this contract, including their use by the City, unless otherwise specifically set forth in the contract. 1-46 LAWS AND REGULATIONS
(a) The Contractor shall keep himself fully informed of all Federal and State laws, County and City ordinances and regulations which in any manner affect those engaged or employed on the work or the materials used in the work or in any way affecting the conduct of the work. If any discrepancy or inconsistency should be discovered in this contract, or in the drawings or specifications herein referred to in relation to any such law, ordinance or regulation, he shall forthwith report the same in writing to the Public Works Director. He

52 shall, at all times, observe and comply with and shall cause all his agents and employees to observe and comply with all such applicable laws, ordinances and regulations in effect or which may become effective before completion of this contract. He shall protect and indemnify the City and its officers and agents against any claim or liability arising from or based on the violation of any such law, ordinance or regulation whether by himself or by his employees.
(b) Except as otherwise explicitly provided elsewhere in these specifications, all permits and licenses necessary to the prosecution of the work shall be secured by the Contractor at his own expense, and he shall pay all taxes properly assessed against his equipment or property used or required in connection with the work.
(c) All Federal laws and regulations now imposed by competent authority and relating to any materials required to be furnished under these specifications and work required to be done hereunder shall be deemed to be and hereby are made controlling and part of these specifications.
1-47 SALES AND/OR USE TAXES
Except as may be otherwise provided herein, all sales and/or use taxes assessed by Federal, State or local authorities on materials used or furnished by the Contractor in performing the work hereunder shall be paid by the Contractor.
1-48 RESPONSIBILITY FOR DAMAGE
(a) Indemnity Agreement
In addition and complementary to any other indemnification provided for the project, and except for the gross negligence or willful misconduct of an Indemnitee (as hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at Indemnitees’ option), indemnify, protect and hold harmless the City and its project consultants, engineers, officers, agents, and employees (“Indemnitees”) from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the Indemnitees arising out of or encountered in connection with this Agreement or the performance of the work including, but not limited to, death of or bodily or personal injury to persons or damage to property, including property owned by or under the care and custody of the City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of the Contractor, its officers, agents, employees or subcontractors including, but not limited to, liability arising from:

1. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use of occupation of the premises by the Contractor, its officers, agents, employees, or subcontractors;

2. Any operation conducted upon or any use or occupation of the premises by the Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this contract or otherwise;

3. Any act, omission or negligence of the Contractor, its officers, agents, employees, or subcontractors.

53 4. Any failure of the Contractor, its officers, agents or employees to comply with any of the terms or conditions of this contract or any applicable Federal, State, regional or municipal law, ordinance, rule or regulation; and

5. The conditions, operations, uses, occupations, acts, omissions or negligence referred to in sub-subsections (1), (2), (3), and (4), existing or conducted upon or arising from the use or occupation by the Contractor on any other premises in the care, custody and control of the City.

The Contractor also agrees to indemnify the City and pay for all damage or loss suffered by the City including but not limited to damage to or loss of the City’s property, to the extent not insured by the City and loss of the City’s revenue from any source, caused by or arising out of the conditions, operations, uses, occupations, acts, omissions or negligence referred to in sub-subsections (1), (2), (3), (4), and (5).

The Contractor’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of the City under any provision of this Agreement, the Contractor shall not be required to indemnify and hold harmless the City for liability attributable to the active negligence of the City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where the City is shown to have been actively negligent and where the City’s active negligence accounts for only a percentage of the liability involved, the obligation of the Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of the City.

The Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of the Contractor in the performance of this Agreement. In the event the Contractor fails to obtain such indemnity obligations from others as required here, the Contractor agrees to be fully responsible according to the terms of this section.

Failure of the City to monitor compliance with these requirements imposes no additional obligations on the City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend the City as set forth here is binding on the successors, assigns or heirs of the Contractor and shall survive the termination of this Agreement or this section.

This Indemnity shall survive termination of the Agreement of Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the Indemnitees may have under the law or under any other contract documents or agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, the City may, in its sole discretion, reserve, retain or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, the City may release such funds if the Contractor provides the City with reasonable assurance of protection of the Indemnitees’ interests. The City shall, in its sole discretion, determine whether such assurances or reasonable. (b) Insurance Requirements are set out in the Construction Agreement.

1. The Contractor agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by the Contractor, provide the same minimum insurance coverage required of the Contractor. The Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this

54 section. The Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to the City for review.

2. The Contractor agrees that all layers of third-party liability coverage required herein, primary, umbrella and excess, will have the same starting and expiration date. The Contractor agrees further that all other third-party coverages required herein will likewise have concurrent starting and ending dates.

3. For purposes of applying insurance coverage only, all contracts pertaining to the project will be deemed to be executed when finalized and any activity commences in furtherance of performance under this Agreement.

4. The Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform the Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights hereunder in this or any other regard.

5. The Contractor will renew the required coverage annually as long as the City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not this Agreement is canceled or terminated for any reason. The insurance shall include but not be limited to products and completed operations and discontinued operations, where applicable.

Termination of this obligation is not effective until the City executes a written statement to that effect.

6. Requirements of specific coverage features are not intended as limitations on other requirements or as a waiver of any coverage normally provided by any given policy.

Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be all inclusive.

7. Any provision in any of the construction documents dealing with the insurance coverage provided pursuant to these requirements is subordinate to and superseded by the requirements contained herein. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such.

8. All liability coverage provided according to these requirements must be endorsed to provide a separate aggregate limit for the project that is the subject of this agreement and evidencing products and completed operations coverage for not less than two (2) years after issuance of a final certificate of occupancy by all appropriate government agencies or acceptance of the completed work by the City.

9. The Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge the City or the Contractor for the cost of additional insurance coverage required by this Agreement.

Any such provisions are to be deleted with reference to the City. It is not the intent of the City to reimburse any third party for the cost of complying with these requirements.

There shall be no recourse against the City for payment of premiums or other amounts with respect thereto.
1-49 TRESPASS

55 The Contractor shall be responsible for all damage or injury, which may be caused on any property by trespass of the Contractor’s employees in the course of their employment whether the said trespass was committed with or without the consent or knowledge of the Contractor. 1-50 SAFETY, SANITARY AND MEDICAL REQUIREMENTS
The Contractor and his subcontractors, if any, and employees shall promptly and fully carry out the existing safety, sanitary and medical requirements as may from time to time be prescribed by the City or by County or State Health Departments to the end that proper work shall be done and the safety and health of the employees and of the community may be observed and safeguarded.

In case such regulations and orders are not observed by the Contractor they may be enforced by the Public Works Director at the Contractor’s expense.
1-51 PROTECTION AND CLEAN UP
The Contractor shall protect and care for all work until completion and acceptance thereof. Before the Contractor makes application for the acceptance of the work, all rubbish, excess earth and rock or surplus materials shall be removed leaving the site in a neat, orderly and presentable condition.
1-52 LABOR DISCRIMINATION
No discrimination shall be made in the employment of persons upon Public Works because of the race, color, religious creed, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age or sexual orientation of such persons except as provided in Government Code §12940, and every contractor for Public Works violating Labor Code §1735 is subject to all penalties imposed for a violation of Chapter 1, of Part 7, of Division 2 of the California Labor Code. 1-53 APPRENTICES
Attention is directed to the provisions of Labor Code §§1777.5 and 1777.6 concerning the employment apprentices by the Contractor or any subcontractor under him. The Contractor and any subcontractor under him shall comply with the requirements of said sections in the employment of apprentices.

Information relative to Apprenticeship Standards Wage Schedules and other requirements may be obtained from the Director of Industrial Relations, Ex Officio the Administrator of Apprenticeship - San Francisco, California or from the Division of Apprenticeship Standards and its branch offices.
1-54 PRECONSTRUCTION CONFERENCE
Before the start of construction, the Public Works Director will arrange to meet with the Contractor to discuss the requirements on such matters as project supervision, on-site inspections, progress, schedules and reports, payment(s) to Contractor(s), safety and other items pertinent to the project. At this conference, all parties should be prepared to discuss any anticipated problems.

56 1-55 SUBCONTRACTING LISTING
(a) Any person making a bid or offer to perform the work described in this contract shall in his bid or offer set forth:

1. The name and location of the place of business of each subcontractor who will perform work of labor or render service to the Contractor in or about the construction of the work or improvement or a subcontractor licensed by the State of California, who, under the subcontract to the Contractor, especially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of one percent (.005%) of the Contractor’s total bid.

1. The portion of the work, which will be done by each such subcontractor under this contract. The Contractor shall list only one subcontractor for each such portion as is defined by the Contractor in his bid.

2. His state registration number
(b) No Contractor whose bid is accepted shall, without the consent of the City either:

1. Substitute any person as subcontractor in place of the subcontractor designated in the original bid.

2. Permit any subcontractor to be assigned or transferred or allow it to be performed by any other than the original subcontractor listed in the bid.

3. Sublet or subcontract any portion of the work in excess of one-half of one percent (.005%) of the Contractor’s bid as to which his original bid did not designate a subcontractor.
(c) Subletting or subcontracting any portion of the work as to which no subcontractor was designated in the original bid shall be permitted only in case of public emergency or necessity, and then only after a finding reduced to writing as public record of the awarding authority setting forth the facts constituting such emergency or necessity.

END OF GENERAL CONDITIONS

57 SUPPLEMENTARY GENERAL CONDITIONS (STATE)
CALIFORNIA STATE REQUIREMENTS- These prevail over conflicting provisions of the General Conditions

1. State Wage Determinations:
a) As required by Labor Code §§1770 et seq., the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file at the office of the City, which copies shall be made available to any interested party on request. The Contractor shall post a copy of such determination at each job site. b) In accordance with Labor Code §1775, the Contractor shall, as a penalty to the City, forfeit not more than two hundred dollars ($200) for each calendar day or portion thereof, for each worker paid less than the prevailing rates as determined by the Director for the work or craft in which the worker is employed for any public work done under the contract by him or her or by any subcontractor under him or her.

2. Workers' Compensation:
a) In accordance with the provisions of Labor Coded §3700, the Contractor shall secure the payment of compensation to his employees.
b) Prior to beginning work under the Contract, the Contractor shall sign and file with the City the following certification:
“I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the WORK of this Contract.” c) Notwithstanding the foregoing provisions, before the Contract is executed on behalf of the City, a bidder to whom a contract has been awarded shall furnish satisfactory evidence that it has secured in the manner required and provided by law the payment of Workers’ Compensation.

3. Apprentices on Public Works: The Contractor shall comply with all applicable provisions of Labor Code §1777.5 relating to employment of apprentices on public works.

4. Working Hours: The Contractor shall comply with all applicable provisions of Labor Code §§1810 to 1815, inclusive, relating to working hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of the Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) calendar week, unless such worker receives compensation for all hours worked in excess of eight (8) hours at not less than one and one-half (1.5) times the basic rate of pay.

5. Contractor Not Responsible For Damage Resulting From Certain Acts of God:

As provided in Public Contract Code §7105, the Contractor shall not be responsible for the cost of repairing or restoring damage to the work which damage is determined to have been proximately caused by an act of God, in excess of five percent (5%) of the contracted amount, provided, that the work damaged was built in accordance with accepted and applicable building standards and the plans and specifications of the City. The Contractor shall obtain insurance to

58 indemnify the City for any damage to the Work caused by an act of God if the insurance premium is a separate bid item in the bidding schedule for the work. For purposes of this section, the term “acts of God” shall include only the following occurrences or conditions and effects: earthquakes in excess of a magnitude of three and one-half (3.5) on the Richter Scale and tidal waves.

6. Notice of Completion: In accordance with Civil Code §§9204 and 9208, within fifteen (15) days after date of acceptance of the work by the City’s governing body, the City will file, in the County Recorder's office, a Notice of Completion of the work.

7. Unpaid Claims: If, at any time prior to the expiration of the period for service of a stop payment notice, there is served upon the City a stop payment notice as provided in Civil Code §§9350 et seq., the City shall, until the discharge thereof, withhold from the monies under its control so much of said monies due or to become due to the Contractor under this Contract as shall be sufficient to answer the claim stated in such stop payment notice and to provide for the reasonable cost of any litigation thereunder; provided, that if the construction manager shall, in its discretion, permit the Contractor to file with the City the bond referred to in Civil Code §9364, said monies shall not thereafter be withheld on account of such stop payment notice.

8. Concrete Forms, Falsework, and Shoring: The Contractor shall comply fully with the requirements of section 1717 of the Construction Safety Orders, State of California, Department of Industrial Relations, regarding the design of concrete forms, falsework and shoring, and the inspection of same prior to placement of concrete. Where the said section 1717 requires the services of a civil engineer registered in the State of California to approve design calculations and working drawings of the falsework or shoring system, or to inspect such system prior to placement of concrete, the Contractor shall employ a registered civil engineer for these purposes, and all costs therefore shall be included in the price named in the Contract for completion of the work as set forth in the Contract Documents.

9. Retainage From Monthly Payments: Pursuant to Public Contract Code §22300, the Contractor may substitute securities for any money withheld by the City to insure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a State or Federally chartered bank as the escrow agent, who shall return such securities to the Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement between the escrow agent and the City which provides that no portion of the securities shall be paid to the Contractor until the City has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The City will not certify that the Contract has been satisfactorily completed until at least thirty (30) days after filing by the City of a Notice of Completion. Securities eligible for investment under Public Contract Code §22300 shall be limited to those listed in Government Code §16430 and to bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the City.

10. Public Works Contracts; Assignment to Awarding Body: In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. sec. 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgement by the parties.

59 11. Payroll Records; Retention; Inspection; Noncompliance Penalties; Rules and Regulations: (a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis:
(1) A certified copy of an employee’s payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract and the Division of Labor Standards Enforcement of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public may not be given access to the records at the principal office of the contractor. (c) Unless required to be furnished directly to the Labor Commissioner in accordance with paragraph (3) of subdivision (a) of Section 1771.4, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division. The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Except as provided in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual’s name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a multiemployer Taft-Hartley trust fund (29 U.S.C. Sec. 186(c)(5)) that requests the records for the purposes of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual’s full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual’s social security number.

60 (f) An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in good faith in compliance with this subdivision. (g) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address. (h) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.
(i) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.

12. Cultural Resources: The Contractor’s attention is directed to the provisions of the Clean Water Grant Program Bulletin 76A which augments the National Historic Preservation Act of 1966 (16 U.S.C. 470) as specified under section 01560, “Temporary Environmental Controls” of the General Requirements.

13. Protection of Workers In Trench Excavations: As required by Labor Code §6705 and in addition thereto, whenever work under the Contract involves the excavation of any trench or trenches five (5) feet or more in depth, the Contractor shall submit for acceptance by the City or by a registered civil or structural engineer, employed by the City, to whom authority to accept has been delegated, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation, of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a registered civil or structural engineer employed by the Contractor, and all costs therefore shall be included in the price named in the Contract for completion of the work as set forth in the Contract Documents. Nothing in this section shall be deemed to allow the use of a shoring, sloping, or other protective system less effective than that required by the Construction Safety Orders. Nothing in this section shall be construed to impose tort liability on the City, the Construction Manager, the Design Consultant or any of their officers, agents, representatives, or employees.

14. Travel and Subsistence Pay:
a) As required by Labor Code §1773.1, the Contractor shall pay travel and subsistence payments to each worker needed to execute the work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this section. b) To establish such travel and subsistence payments, the representative of any craft, classification or type of worker needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within ten (10) days after their execution and thereafter shall establish such travel and subsistence payments whenever filed thirty (30) days prior to the call for bids.

61 15. Removal, Relocation or Protection to Existing Utilities:
a) In accordance with the provisions of Government Code §4215, any contract to which a public agency as defined in Government Code §4401 is a party, the public agency shall assume the responsibility, between the parties to the contract, for the timely removal, relocation, or protection of existing main or trunkline utility facilities located on the site of any construction project that is a subject of the contract, if such utilities are not identified by the public agency in the plans and specifications made a part of the invitation for bids. The agency will compensate Contractor for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy and for equipment on the project necessarily idled during such work.
b) The Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the public agency or the city of the utility to provide for removal or relocation of such utility facilities. c) Nothing herein shall be deemed to require the public agency to indicate the presence of existing service laterals or appurtenances when the presence of such utilities on the site of the construction project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of construction; provided, however, nothing herein shall relieve the public agency from identifying main or trunklines in the plans and specifications.
d) If the Contractor while performing the contract discovers utility facilities not identified by the public agency in the contract plans or specifications, he shall immediately notify the public agency and utility in writing.
e) The public utility, where they are the City, shall have the sole discretion to perform such repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price.

16. Contractor License Requirements: In accordance with Business and Professions Code §7028.15, a licensed contractor shall not submit a bid to a public agency unless his or her contractor’s license number appears clearly on the bid, and the license expiration date is stated.

Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered nonresponsive and shall be rejected by the public agency.

17. Prohibiting Work by Certain Contractors: Pursuant to the provisions in Labor Code §§1777.1 and 1777.7, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors is available from the Department of Industrial Relations web site at:
http://www.dir.ca.gov/DLSE/Debar.html.

END OF CALIFORNIA STATE REQUIREMENTS

END OF SUPPLEMENTARY GENERAL CONDITIONS

62 SPECIFICATIONS

1.01 STANDARD SPECIFICATIONS Unless indicated otherwise, the work embraced herein shall be done in accordance with the appropriate provisions of construction details as shown in the specifications entitled “GREEN BOOK Standard Specifications for Public Works Construction”, the latest edition, insofar as the same may apply, which specifications are hereinafter referred to as the Standard Specifications and in accordance with the following provisions:

In case of conflict between the Standard Specifications and these General Conditions and Specifications, the General Conditions and Specifications shall take precedence over and be used in lieu of such conflicting portions.

1.02 SCOPE OF WORK:

This work shall consist of: General demolition including saw cutting of concrete and asphalt, demolition of concrete sidewalks, curbs gutters, driveways, curb ramps, alley approaches and demolition of street areas along with associated construction waste disposal. Construction work will include installation of new sidewalks, curbs, gutters, alley approaches, curb ramps and driveways, along with AC joiner strips, and survey monument preservation. Relocation of traffic signs and raising of utility valves may also be required. Temporary traffic control shall be provided. Work shall comply with the form and dimensions as shown on the plans and as specified in these specifications and the special provisions
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63 SPECIAL PROVISIONS

1.00 ORDER OF WORK
Prior to commencement of any work on the project, a preconstruction conference will be held at the City Engineer's Office for the purpose of review and discussion of progress schedule and construction procedures. At the discretion of the Engineer, periodic meetings involving project personnel (Contractor, utility and others) will be held for the purpose of coordinating project activities.

The first order of work shall be to install the project signs and construction information signs ten (10) working days prior to the start of work.

At least one lane in each direction shall remain open at all times on public roadways unless otherwise approved on a Traffic Control Plan.

Attention is directed to "Traffic Control" of these Special Provisions.

At the end of each working day, if a difference in excess of 75 mm (0.25 ft.) exists between the elevation of the existing pavement and the elevation of any excavation within 1.5 m (5 ft.) of the traveled way, material shall be placed and compacted against the vertical cuts adjacent to the traveled way. During excavation operations, native material may be used for this purpose; however, once the placing of the structural section commences, structural material shall be used. The material shall be placed to the level of the elevation of the top of existing pavement and tapered at a slope of 1:4 (vertical: horizontal) or flatter to the bottom of the excavation. Treated base shall not be used for the taper.

Full compensation for placing the material on a 1:4 slope, regardless of the number of times it is required, and subsequent removing or reshaping of the material to the lines and grades shown on the Plans shall be considered as included in the Contract price paid for the materials involved and no additional compensation will be allowed therefore.

No payment will be made for material placed in excess of that required for the structural section.

The new Asphalt Concrete (AC) pavement shall not be placed until all underlying conduits have been installed. Final striping (second coat) shall not be placed until all final AC paving has been completed and deemed acceptable by the Inspector. This does not alleviate the Contractor from any final punch listed items of correctness for the pavement or striping.

Full compensation for conforming to these requirements will be considered included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor.

1.02 STARTING AND COMPLETION OF WORK - The Contractor shall begin work within ten (10) working days after receiving "Notice to Proceed" from the City Clerk, and shall diligently prosecute the work to completion before the expiration of ninety (90) calendar days from the "date of beginning" as stated in the Notice to Proceed".

64 1.03 FAILURE TO COMPLETE ON TIME AND LIQUIDATED DAMAGES - (See General Conditions 1-19). It is agreed by the parties of the contract that in case of all work called for under the contract is not completed before or upon the expiration of the time limits set forth in these Special Provisions, damage will be sustained by the City of El Centro and that it will be impracticable to determine the actual damage by which the City will sustain in the event of and by reason of such delay and it is therefore agreed that the Contractor will pay to the City of El Centro the sum of one thousand two hundred fifty dollars ($1250.00) day for each and every day's delay beyond the time prescribed to complete the work.

2.00 NOT USED

3.00 CONSTRUCTION AREA SIGNS
The Contractor shall furnish, install, maintain, and remove all construction area signs in conformance with the plans and Sections 12-3.06 of the State of California Department of Transportation (Caltrans) Standard Specifications, latest edition.

4.00 DUST CONTROL
Dust control shall be performed in accordance with Subsection 7-8.1, "Clean up and Dust Control," of the Standard Specifications, Imperial County Air Pollution Control District (ICAPCD) Rules 800, 801, 802, 803, the general Provisions and the following Provision.

Dust resulting from the Contractor’s performance of the work, either inside or outside, the right-of-way shall be controlled by the Contractor. Dust control includes the action necessary to prevent, reduce or control dust within the work area as required to complete the work. The Contractor shall carry out proper and efficient measures to prevent his operations from producing dust in amounts damaging to property or causing a nuisance, or harm to persons living nearby or occupying buildings in the vicinity of the work. The Contractor shall control dust 24 hours a day, seven days a week. The methods to be used for controlling dust in the construction area and along haul roads shall be approved by the Engineer prior to starting any work.

Dust or dirt accumulations generated by the Contractor’s operations shall be cleaned and removed by the Contractor from all areas as designated by the Engineer. The cost for cleaning and removal of dust or dirt shall be at the Contractor’s expense and no additional compensation will be made therefore.

Water for use in dust control shall, at the option of the Contractor, be potable or non-potable. Non-potable water shall consist of reclaimed waste water or non-potable water developed from other sources.

If the Contractor uses reclaimed waste water in the work, the sources and discharge of reclaimed waste water shall meet the California Department of Health Services Water Reclamation Criteria and the Regional Water Quality Control Board requirements. The

65 Contractor shall obtain either a waste water discharge permit or a waiver from the Regional Water Quality Control Board. Copies of permits or waivers from the Regional Water Quality Control Board shall be delivered to the engineer before using reclaimed waste water in the work.

Water shall be applied in the amounts, at the locations, and for the purposes designated in the Special Provision and these Specifications, and as order by the Engineer.

Water for compacting embankment material, sub-base, base and surfacing material, and for laying dust, shall be applied by means of pressure-type distributors or pipe lines equipped with a spray system or hoses with nozzles that will ensure a uniform application of water.

All equipment used for the application of water shall be equipped with a positive means of shut-off.

Unless otherwise permitted by the Engineer or unless all the water is applied by means of pipe lines, at least one mobile unit with a minimum capacity of 3700 L (1,000 gallons) shall be available for applying water on the project at all times.

Chemical additives or binder may be used in water for compaction or dust palliative. If such additives are used, furnishing and applying the additives shall be at the Contractor’s expense.

The right is reserved by the Engineer to prohibit the use of a particular type of additive, to designate the locations where a particular type of additive may not be used, or to limit the amount of a particular type of additive to be used at certain locations, all if the Engineer has reasonable ground for believing that such use will in any way be detrimental.

The additive or binder shall be either miscible in water or be some form of material that is directly applied to the surface without mixing with water.

Additives or binders that are miscible in water shall be either a resin emulsion, an SS1 type asphaltic emulsion, materials composed essentially of lignin sulfonate, or any other binder that is miscible in water in the proportions provided herein is non-corrosive, and is effective as a dust palliative.

Resin emulsion shall be composed of from 57 percent (57%) to 63 percent (63%) of semi-liquid petroleum resin and the remainder water to which a suitable emulsifying agent has been added. The resin emulsion shall be readily miscible with water and when diluted with any hard water in the proportions of one part of emulsion to 10 parts water shall show no signs of breakdown or separation of the petroleum resin base.

Resin emulsion, which has been stored in closed containers at temperatures above freezing for a period up to 3 months, shall show no signs of separation. Any resin emulsion which has been stored for more than 3 months shall not be used until tested and approved.

SS1 type asphaltic emulsion shall conform to the provisions in Subsection 203-3,

66 "Emulsified Asphalt."
Additives or binders that are miscible in water shall be mixed with additional water at the rate of from 4 to 19 parts of water to one part of binder, the exact rate to be determined by the Engineer. Mixing shall be accomplished by placing the binder and water in the spreading equipment simultaneously or by some other mixing method that will produce equivalent results.

The resulting mixture shall be applied with pressure type water distributor trucks equipped with a spray system or pressure type asphalt distributors at an approximate rate of from 0.9- to 3.6 L/m2. (O.2 to 0.8 gallon on per square yard) Additives or binders that are directly applied to the surface without mixing with water shall be applied with equipment approved by the Engineer. The binder shall be applied at a rate of from 0.4- to 1.1L/m2. (0.10 to 0.25 gallons per square yard) The exact rate and number of applications of binders will be determined by the Engineer.

Dust control ordered by the Engineer to be applied on Saturdays, Sundays or holidays will be included in the Contract price for dust control and no additional compensation will be allowed therefore.

No adjustment of compensation will be made for any increase or decrease in the quantity of dust control required, regardless of the reason for such increase or decrease.

The full compensation for all direct and indirect costs incurred for work performed or materials used to control dust resulting from the Contractor’s performance of the work and caused by public traffic, either inside or outside the right-of-way shall be considered as included in the Contract prices paid for the various items of work involved and no additional compensation will be allowed therefore.

5.00 NOT USED

6.00 COOPERATION AND COLLATERAL WORK
Cooperation shall be in accordance with Subsection 5-6, "Cooperation," and Subsection 7-7, "Cooperation and Collateral Work," of the Standard Specifications and these Special Provisions.

The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others and coordinating with the work by others. The City, other contractors and utilities shall have the right to operate within or adjacent to the work site during the performance of such work.

Should construction be under way by other forces or by other contractors within or adjacent to the limits of the work specified or should work of any other nature be under

67 way by other forces within or adjacent to those limits, the Contractor shall cooperate with all the other contractors or other forces to the end that any delay or hindrance to their work will be avoided. The right is reserved to perform other or additional work at or near the site (including material sources) at any time, by the use of other forces.

Each contractor shall be responsible to the other for all damage to work, to persons or property caused to the other by their operations, and for loss caused the other due to unnecessary delays or failure to finish the work within the time specified for completion.

The Contractor shall include in its bid all costs involved as a result of coordinating its work with others. The Contractor will not be entitled to additional compensation from the City for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall re-deploy its work force to other parts of the work.

It is anticipated that some or all of the existing utilities will be relocated during construction. The Contractor is to coordinate its work with the utility companies and with any other utility relocating their facilities, at no separate or additional cost.

Should the Contractor be delayed by the City, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. Should any agency or utility company’s work result in delays to the Contractor’s work schedule, the Contractor shall be entitled only to an equivalent extension of time for the completion of the contract, and shall not be entitled to damages due to downtime and idled equipment or additional payments over and above the agreed upon unit prices.

Compensation for compliance with all collateral work shall be considered as being included in the various Contract items in the bid schedule and no additional compensation will be allowed therefore.

7.00 TRAFFIC CONTROL
Traffic controls, including but not limited to, vehicular and pedestrian traffic controls, maintenance of vehicular and pedestrian access, detours, and street closures shall be in accordance with the Special Provisions; Traffic Control Plans; Manual on Uniform Traffic Control Devices (MUTCD) for Streets and Highways, 2003 Edition, California Supplemental Part 6 Temporary Traffic Control; Subsection 7-10, of the current "Standard Specifications for Public Works Construction," including all its subsequent amendments. Nothing in the Special Provisions shall be construed as relieving the Contractor from his or her responsibility to provide for the safety and convenience of traffic and the public during construction.

In the event of conflict, the order of precedence shall be as follows:

1. Special Provisions

2. Traffic Control Plans

3. MUTCD 2003, California Supplement Part 6, Temporary Traffic Control

4. MUTCD for Streets and Highways, 2003 Edition, Part 6 Temporary Traffic

68 Control

5. Standard Specifications
Traffic Control shall be in accordance with the following Special Provisions:

1. All streets shall remain open to through traffic at all times except when street closure is approved by the Engineer. The Contractor shall make provisions to allow local traffic access to the closed streets. The local traffic consists of, but is not limited to, residences, church congregations, farmers, post offices, meter readers, trash pickup, school buses, and emergency vehicles. The Contractor shall provide a smooth travel way and either a flagger and/or signing to direct traffic.

2. The Contractor shall be responsible for the preparation of Traffic Control Plans (TCP’s) as necessary for the work. The Traffic Control Plans shall be prepared by a Contractor that is qualified and licensed to perform traffic control. The TCP’s must be transmitted to the City for approval no later than fourteen (14) calendar days prior to the scheduled commencement of work. The City may require TCP’s to be signed and stamped by a California Registered Traffic Engineer. Comments and corrections from the City shall be returned to the Contractor within five (5) working days. The Traffic Control Plans shall conform to the requirements listed in these Technical Provisions; MUTCD 2003, California Supplement Part 6, Temporary Traffic Control; Manual on Uniform Traffic Control Devices for Streets and Highways, 2003 Edition, Part 6 Temporary Traffic Control; and the Standard Specifications.

3. All traffic controls and safety devices, equipment and materials, including but not limited to cones, channelizers, delineators, flashing warning lights, barricades, high level warning devices (telescoping flag trees), flags, signs, markers, portable barriers, temporary railing (Type-K), temporary fencing, flashing arrow signs, changeable message sign, markings, and flagging equipment shall be provided and maintained in “like new” condition.

4. The Contractor shall furnish and properly install, construct, erect, use and continuously inspect and maintain, twenty-four (24) hours per day, seven (7) days per week, which includes holidays, all said devices, equipment and materials and all temporary and permanent pedestrian and driving surfaces as necessary to provide for the safety and convenience of, and to properly warn, guide, control, regulate, channelize and protect the vehicular traffic, pedestrian traffic, project workers, and the public throughout the entire limits of the work activity and beyond said limits as necessary to include areas affecting or affected by the work, from the date of Notice to Proceed to the completion and acceptance of the work.

5. High-level warning devices (telescoping flag trees) are required at all times for work being performed within the roadway unless otherwise specifically approved by the Engineer.

6. All barricades shall be equipped with flashing warning lights, and all traffic cones shall be no less than 711mm (28“) in height, except that shorter cones, 305 mm (12“) minimum height, may be permitted during striping maintenance operations where the only function of the cone is to protect the wet paint from the traffic.

69 The entire area of orange and white stripes for barricades shall be Type I, engineering grade, or Type II, super engineering grade, retro-reflective sheeting conforming to the requirements of ASTM Designation: D 4956-95.

7. Type III barricades, no less than 1.83 m (6’) in length and equipped with two (2) Type “N” markers each and two (2) portable flashing beacons each, shall be used to close streets, except as otherwise specifically approved by the Engineer for minor maintenance work of no more than one (1) working day’s duration, on weekdays, or on holidays only, and limited to the hours between 8:30 a.m. and 3:30 p.m. Said barricades shall be placed across the full roadway at each point of closure with the distance between barricades, or between barricades and curbs, not exceeding 914 mm (3’) except that one (1) 3.3 m (11’) wide gap between barricades shall be provided at the center of the street. Barricades to the right of the street’s center, facing the inbound vehicular traffic, shall also be equipped with one (1) Type C2 “Road Closed” sign, one (1) Type C3A, “Road Closed to Thru Traffic,” sign, and a Type P warning sign.

8. Channelizers shall be surface mounted type and shall be furnished, placed and maintained at the locations shown on the Plans or as approved by the Engineer, and shall conform to the provisions in Subsection 12-3.07, “Channelizers,” of the State of California Standard Specifications and these Special Provisions.

When no longer required for the work as determined by the Engineer, channelizers (except channelizers to be left in place), and underlying adhesive used to cement the channelizer bases to the pavement, shall be removed. Removed channelizers and adhesive shall become the property of the Contractor and shall be removed from the site of work.

9. Reflectorized (both sides) temporary self-adhesive markers, 100mm (4in) wide, shall be applied to unstriped pavement surface before opening the travel way to public traffic. Reflectorized temporary yellow markers shall be used for to delineate the centerline to separate opposing traffic. Reflectorized temporary white markers shall be used to delineate lanes of travel and placed in 600mm (24in) intervals transverse to the road to delineate stop bars and limit lines.

The reflectorized temporary markers shall be removed the same day the first coat of striping has been placed on the pavement. The removal of the markers shall be done such a way that the pavement is not damaged.

10. Except as otherwise approved by the Engineer, two-way vehicular traffic shall be maintained at all times within two (2) 3.3m (11’) wide lanes on streets having an effective roadway width of 13.4 m (44’) or more with restricted parking. Other streets of lesser widths may be reduced to one (1) 3.6 (12’) wide lane with work activity being limited to one side at a time, and the one-way vehicular traffic being maintained at all times by properly trained and experienced flaggers. All lane closures shall have flashing arrow signs to provide additional, high level, advanced warning.

No reduction of the traveled way width shall be permitted on any City Street before 8:30 a.m. nor after 3:30 p.m., on weekends or holidays, or when active work is

70 not being done, unless otherwise approved by the Engineer.

11. Properly trained and experienced flaggers shall be provided to direct traffic when said traffic is to be interrupted, when two-way traffic is to be reduced to one-way traffic, and at other such times as is necessary to safely pass traffic through or around the work area and when so directed by the Engineer.

12. Vehicular access to occupied residential property may be restricted on weekdays, other than holidays, between the hours of 8:30 a.m. and 3:30 p.m. while essential work activity is taking place only upon approval by the Engineer and providing the Contractor gives the property owner or resident at least forty-eight (48) hours advance written and oral notice.

Convenient and safe pedestrian access to schools, churches, occupied residential and business property shall be maintained at all times. Access to mailboxes shall be maintained at all times such that the postal delivery service is not interrupted. Trash pick-up services shall not be interrupted. Access to vacant and unused property may be restricted when approved by the Engineer. Both vehicular and pedestrian access shall be maintained at all times to all other property except as otherwise specifically authorized in writing by the Engineer.

13. Vehicular access to business, school and church driveways shall be maintained at all times during construction.

14. Traffic control and safety devices and equipment being used that becomes damaged, destroyed, faded, graffitied, encrusted, soiled, misplaced, worn out, inoperative, lost, or stolen shall be promptly repaired, refurbished, or replaced. Traffic control and safety devices and equipment being used, that are displaced or not in an upright position from any cause, shall be promptly returned or restored to their proper position.

15. An unobstructed view of all signs and warning devices including, but not limited to, stop signs, stop ahead signs, street name signs, and other regulatory, warning and construction signs, markers, and warning devices shall be maintained at all times. All speed limit signs shall be black on white with signs at either end of the project notifying the motoring public that fines are doubled in construction zones. No trucks or other equipment or materials shall be stopped, parked, or otherwise placed so as to obscure said signs, markers and devices from the view of the vehicular and pedestrian traffic to which it applies.

16. When entering or leaving roadways carrying public traffic, the Contractor’s equipment, whether empty or loaded, shall yield to said public traffic at all times, except where the traffic is being controlled by police officers, fire officers, properly trained and experienced flaggers, or at traffic signalized intersections.

17. Stockpiling or storage of materials on any public right-of-way or parking area will not be allowed without the specific written permission of the Engineer. Materials spilled along or on said right-of-way or parking area shall be removed completely and promptly.

All stockpile and storage areas shall be maintained in a safe, neat, clean, and orderly

71 condition, and shall be restored to equal or better than original condition upon completion of the work.

18. On projects involving work on, closure of, or partial closure of existing streets, and where vehicular access to the abutting property must be restricted, the work shall be so selected, arranged and scheduled that the person(s) requiring access to said abutting property and residents along said streets affected will be able to park within a reasonable distance of not more than 150m (500’) from their homes or destination. In addition, no two adjoining streets shall be closed at the same time, except as otherwise approved by the Engineer. Residents must be given written notice of such restrictions a minimum of 48 hours in advance.

19. When work has been completed on a particular street or has been suspended or rescheduled, and said street is to be opened to vehicular traffic, all equipment, “NO PARKING” signs, other obstructions, and unnecessary traffic control devices and equipment shall be promptly removed from that street, except as otherwise approved by the Engineer.

20. Should the Contractor be neglectful, negligent, or refuse, fail, or otherwise be unavailable to promptly, satisfactorily, and fully comply with the provisions specified and referred to herein above, the City reserves the right to correct or mitigate any situation, that in the sole opinion of the Engineer, constitutes a serious deficiency or serious case of noncompliance, by any means at its disposal at the Contractor’s or permittee’s expense, and shall deduct the cost therefore from the Contractor’s progress or final payments. Such corrective action taken by the City shall not reduce or abrogate the Contractor’s legal obligations and liability for proper traffic control and safety measures and shall not serve to transfer said obligations and liabilities from the Contractor to the City or the City’s agents.

21. Violations of any of the above Provisions or provisions of the referenced publications, unless promptly and completely corrected to the satisfaction of the Engineer, shall, at the sole discretion of the City, be grounds for termination of the Contract, or shut down or partial shutdown of the work, without compensation to the Contractor or permittee, or liability to the City, all as prescribed by contractual obligation or State law, whichever is applicable.

7.01 ADDITIONAL TRAFFIC CONTROL REQUIREMENTS
The Contractor shall provide a Traffic Control Plan for the work within the City right of way and travel ways for approval no later than fourteen (14) days prior to the scheduled commencement of work.

Comments and corrections shall be returned to the Contractor within five (5) working days. The Traffic Control Plan shall be submitted on 610 mm x 914 mm (24” x 36”) blueprints and conform to the following requirements listed in this section.

The Traffic Control Plans as approved by the City shall be the minimum requirements for traffic control in accordance with the MUTCD (Manual for Uniform Traffic Control Devices). The Traffic Control Plans do not preclude the Contractor from providing

72 additional traffic control. Plans for traffic control must be submitted by a Contractor that is licensed and qualified to perform traffic control within the State of California. The City may require the Contractor’s traffic control plans to be signed by a licensed Civil Engineer at the Contractor’s expense.

If the Contractor elects to modify the Traffic Control Plans, the Contractor shall submit the revised Traffic Control Plans that are consistent with latest edition of the California MUTCD. Changes to the plans must be submitted to the City for approval no later than fourteen (14) calendar days prior to the scheduled commencement of work.

Comments and corrections will be returned to the Contractor within five (5) working days.

The revised Traffic Control Plan shall be submitted on 610 mm x 914 mm (24" x 36") blueprints, indicating the traffic handling and control requirements for the different types of work to be performed, including advance construction signs. The Contractor shall be responsible for the preparation of Plans as necessary for specific items of work.

The revised Traffic Control Plans shall indicate the traffic control requirements for the different types of work to be performed. The revised Traffic Control Plans shall be approved by the City Engineer or his duly authorized representative.

7.02 POSTING REQUIREMENT
The Contractor shall post and remove temporary "No Parking" signs along all routes.

Signs shall be in place for at least 72 hours in advance of commencing work. Maximum space between signs shall be 200 feet or as specified in the MUTCD. Signs may be attached to existing poles, parkway trees, or any available support that may exist in the public right-of-way or the Contractor may furnish sign supports as may be necessary.

The Contract lump sum (LS) price paid for any bid item TRAFFIC CONTROL shall include full compensation for, but not limited to, furnishing all labor (including flagging costs), materials (including construction area signs), tools, equipment, traffic control Plans and revisions, and incidentals, and for doing all the work involved in placing, removing, storing, maintaining, moving to new locations, replacing and disposing of the components of the traffic control including lights, channelizers (surface mounted), temporary railing (Type K) markers, delineators, temporary striping and pavement marking, barricades, portable flashing beacons, flashing arrow signs, portable changeable message signs, as shown on the Plans, as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer.

Full compensation for removing and salvaging the traffic control equipment and materials that are to be reused or reset in the project shall be considered as included in the Contract lump sum price paid for traffic control system and no additional compensation will be allowed therefore.

Partial payment for traffic control shall be based on the percentage of total value of work completed on the other items listed under each schedule as of each progress pay estimate.

73 8.00 EXISTING IMPROVEMENTS
The contractor shall make every effort to protect all existing improvements and facilities from damage during the progress of his/her/its work. No trees, planters, walks, shrubs, signs, fences or other such facilities shall be removed except as shown or called for on the plans or unless specifically authorized in writing by the Engineer. The contractor shall be held responsible for the care and preservation of the present premises and of adjacent premises and coterminous property. Any parts of them which are injured, damaged or disturbed because of his/her/its work shall be repaired, replaced or cleaned by him at his/her/its expense.

The contractor shall apply either water and/or dust palliative for the alleviation or prevention of dust nuisance and damage originating from the contractor's operation.

8.01 EXISTING UTILITIES
The contractor will be required to work around public utilities and other improvements that are to remain in place within the construction area. Contractor will be held liable for any damage to existing improvements or interference with service resulting from his/her operations. The exact location of underground facilities and improvements within the construction area shall be ascertained by the contractor before using equipment that may damage such facilities.

9.00 MAINTENANCE CALL-OUTS
Any expense for maintenance call-outs by the City’s traffic signal maintenance personnel resulting from the contractor's operations and construction of this project shall be borne by the contractor.

10.00 WARRANTIES, GUARANTEES AND INSTRUCTION SHEETS:

Warranties, guarantees and instruction sheets shall conform to the provisions in Section 86-1.04, “Warranties, Guarantees and Instruction Sheets” of the State Standard Specifications and these Special Provisions.

Completed work shall be guaranteed to the City of El Centro by the contractor for a period of not less than twelve (12) months following the date of acceptance thereof.

Where Contractor-installed equipment and/or facilities are damaged prior to final acceptance by the City, Contractor shall repair or replace such equipment and/or facilities at his/her own expense. The contractor shall include in his bid prices for various line items the necessary costs for warranty work. No additional compensation will be made therefore.

11.00 STORAGE OF MATERIAL.

The site of work shall be maintained clean at all times. Excavated material shall be loaded directly and hauled away from job site for disposal at contractor's expense.

74 The contractor shall not store material on job site. He shall store material at a site convenient to the job, off public ways, arranged and paid as a part of his/her/its contract work.

12.00 CLEANUP OF SITE.

During the progress of the work, the Contractor shall keep the premises occupied by him in a neat, orderly and sanitary condition. He shall dispose of refuse as often as directed, or as may be necessary so that at no time shall there be any accumulation of rubbish, excavated material or equipment that will interfere with convenience or operation of materials so as to provide the minimum obstruction to traffic at all times.

Dirt, dust, mud, native earth material, sand, gravel, asphalt debris, cement debris and all other construction-related material shall be swept from the street areas in the vicinity of the project sites on a daily basis. The material shall be removed and disposed of by the Contractor. The clean-up wok shall be incidental to respective mobilization bid item and shall be included in the lump sum cost.

13.00 SANITARY ARRANGEMENTS.

The contractor shall make provisions for and maintain, in a sanitary manner at the worksite, all necessary and sanitary conveniences for the workers, in accordance with the rules and regulations of the State of California Board of Health and all other Local, State and Federal rule and regulations that govern sanitary work conditions.

14.00 ACCESS.

The contractor's attention is directed to the existing pedestrian and vehicular access ways crossing the lines of work. These access ways shall not be closed unless an alternate access way is provided. The contractor shall assume full responsibility for providing alternate access. The compensation for the work in this time shall be considered as included in the cost of the various contract items of work and no additional compensation will be made therefore.

15.00 NOT USED

16.00 MOBILIZATION
Mobilization shall be in accordance with Subsection 9-3.4 “Mobilization,” of the Standard Specifications, and these special provisions.

Mobilization shall consist of preparatory work and operations, including but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; for the establishment of all offices, buildings, construction yards, sanitary facilities, and any other facilities necessary for work on the project; and for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site, as well as the related demobilization costs anticipated at the completion of the project. The cost of all bonds and insurance policies, including premiums and incidentals, shall be included in

75 mobilization.

No additional compensation will be allowed for additional mobilizations required, including but not limited to, delays caused by the relocation of existing utility facilities shown on the plans or discovered during construction operations.

The deletion of work or the addition of extra work as provided for herein shall not affect the price paid for Mobilization.

Payment for mobilization, additional mobilizations, cost of all bonds and insurance policies, and all costs incurred prior to beginning work and demobilization at the end of work shall be considered to be included in the mobilization/demobilization line-item bid, and no additional compensation will be allowed.

17.00 NOT USED

18.00 NOT USED

19.00 VERIFYING, MARKING, AND RE-ESTABLISHING SURVEY

MONUMENTATION
Prior to work, the Contractor shall locate all survey monuments and property corners within the areas of demolition, concrete and paving. Survey ties shall be performed to allow the Contractor to reset/reestablish survey monumentation and/or property markers. All work shall be done by a licensed Surveyor or Civil Engineer authorized to practice Land Surveying in the State of California. Contractor shall submit to the Imperial County. Contractor shall also submit City of El Centro form ED-006 Certificate of Monument preservation completed prior to construction activities.

Payment of this item shall be as listed in the bid proposal form and shall be considered to include compensation for all surveying of monuments and replacement of same as well as filing of any necessary record of surveys or other similar type reports.

19.50 CONSTRUCTION STAKING
The contractor shall perform all construction staking necessary for this contract. This includes providing surveying for pre and post paving operations and establishing grade for curb, gutter and sidewalk. The contractor shall maintain existing grade throughout and ensure cross slopes are at least 2% unless otherwise directed by the City Engineer or his representative. Payment of this item shall be by Lump Sum as listed in the bid proposal form and shall be considered to include compensation for all construction staking work.

76 20. CONSTRUCTION WATER SUPPLY
The Contractor may use City water at the current rate through a water meter to be provided by the City contingent upon a refundable deposit of five hundred dollars ($500).

21. MAINTAINING EXISTING AND TEMPORARY ELECTRICAL SYSTEMS Traffic signal system shutdown, if required, shall be limited to periods between the hours of nine (9:00) AM and three thirty (3:30) PM, Monday through Friday. Contractor shall coordinate with the City of El Centro for City owned intersections, and shall coordinate with Caltrans for State-Owned intersections.

The Contractor shall place “STOP AHEAD” and “STOP” signs shall be furnished by the Contractor and shall conform to the provisions in Section 12-3.06, “Construction Area Signs,” of the Standard Specifications, except that the base material for the signs shall not be plywood.

Two “STOP AHEAD” signs and two “STOP” signs shall be placed for each direction of traffic. Location of the signs shall be as directed by the City Traffic Engineer.

Full compensation for furnishing, installing, maintaining, and removing temporary “STOP AHEAD” and “STOP” signs, and for covering signs not in use, shall be considered as included in the contract lump sum price paid for the signal item involved and not additional compensation will be allowed therefore.

All existing signal indications, pedestrian push buttons, detectors, and control equipment shall be maintained in operation at all times, except during shutdown hours as specified above.

Costs for overhead temporary wiring, which may be required to keep the signals in operation during intersection re-wiring, shall be considered as a part of the lump sum bid price for each intersection.
22 El Centro Business License
The Contractor and Subcontractors performing work on the project shall obtain a city business license from the City of El Centro at 1275 W. Main St. El Centro, CA 92243, telephone number (760) 337-4508. The Contractor and Subcontractors shall contact the Community Development Department regarding the cost of the license and include the business license cost in the proposal.

23. Air Pollution Control District Requirements
The contractor shall be required to comply with the County of Imperial Air Pollution Control District’s requirements. County of Imperial Air Pollution Control District forms,

77 requirements and information are available via the internet at https://apcd.imperialcounty.org/. The contractor shall be responsible for completing, submitting, and implementing the construction notification form and dust control plan as required. The contractor shall be responsible for all necessary air pollution requirements. All costs associated with air pollution mitigation shall be included in the respective Mobilization Lump Sum (LS) Item.

24. BMP Inspection and Maintenance
Inspection and maintenance are required for all BMPs (run-off control, and sediment control) to maintain effectiveness for reducing or eliminating the amount of sediment that leaves a site for the duration of the project. All cost associated with BMP Inspection and Maintenance shall be included in the respective Erosion Control Lump Sum (LS) item.

25. Material Delivery Tickets
The Contractor shall provide material delivery tickets to the City for Class II Base, P.C.C. Concrete, Asphalt Concrete, sand and similar items delivered to the project site.

The material tickets shall be presented to the City immediately upon the material item arriving at the project site.
/// END OF SPECIAL PROVISIONS

78 TECHNICAL SPECIFICATIONS

CONSTRUCTION MATERIALS
All construction materials for this contract shall conform to Part 2 – Construction Materials of the Standard Specifications for Public Works Construction (2003 edition), with the following changes and/or additions, unless indicated otherwise:

SECTION 200 - ROCK MATERIALS
200-2 Untreated Base Materials
DELETE THE ENTIRE SUBSECTION AND SUBSTITUTE THE FOLLOWING:
200-2.1 Base material for roadway and driveway paving shall be Class 2 base and shall conform to the provisions in Section 26, “Aggregate Bases”, of the State of California, Department of Transportation (Caltrans) Standard Specifications (current edition) and these Special Provisions.
200-2.2 Aggregate for Class 2 aggregate base shall be ¾ inch maximum. The aggregate shall not be treated with lime, cement or other chemical material before performing grading, resistance, or sand equivalent tests. 200-2.25 Payment for Base Materials
The square foot price set forth in the Contract Documents for base material shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, for doing all the work involved in installation of base material as shown in the Plans and as described in the Contract Documents, and as directed by the Engineer. The price shall include all incidentals necessary to complete the work in place including not limited to, subgrade preparation and compaction. No additional compensation will be made therefore.

SECTION 201 – CONCRETE, MORTAR, AND RELATED MATERIALS
201-1.1.1 General
ADD THE FOLLOWING PARAGRAPH:

The Contractor shall furnish the Engineer in the field with a copy of the mix design to be used, and with a legible certified weighmasters certificate for each load of PCC delivered to the project. PCC delivered to the project site having a water content and/or slump greater than that specified in the mix design shall be rejected and removed from the project site.
201-1.1.2 Table 201-1.1.2(A)
DELETE THE ENTIRE TABLE AND SUBSTITUTE THE FOLLOWING:

79 Except as otherwise specified, all PCC used on this project shall be Class 330-C-23 (560-C-3250) with a maximum slump of 100mm (4 in) for all PCC and with the exact mix proportions being determined by the Contractor except for trench backfill slurry, air-placed Concrete-Method B, and as specified by the Engineer. /////
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SECTION 203 - BITUMINOUS MATERIALS
203-6 Asphalt Concrete.

DELETE THE ENTIRE SUBSECTION AND SUBSTITUTE THE FOLLOWING:
203-6.1 Conventional Asphalt Concrete for roadway and driveway paving shall be Type A and shall conform to the provisions in Section 39, “Asphalt Concrete”, of the State of California, Department of Transportation (Caltrans) Standard Specifications (current edition) and these Special Provisions.
203-6.15 Payment for Asphalt Concrete
The square foot price set forth in the Contract Documents for asphalt concrete shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved in installation of asphalt concrete as shown in the Plans and as described in the Contract Documents, and as directed by the Engineer. The price shall include all incidentals necessary to complete the work in place including not limited to, subgrade preparation and compaction. No additional compensation will be made therefore.

SECTION 211 – SOILS AND AGGREGATES

DELETE THE ENTIRE SECTION AND SUBSTITUTE THE FOLLOWING
PARAGRAPHS:
211-1 Sieve Analysis. Sieve analyses shall be performed in accordance with ASTM C 136.
211-2 Backfill and Site Leveling. All excavations shall be backfilled with materials and to a grade satisfactory to the City of El Centro. The areas to be backfilled shall be inspected and approved by the City of El Centro prior to the placement of any backfill.

Any backfill material placed or compacted without compliance with the requirements of these Special Provisions shall be deemed as unauthorized work.

Material to be placed as fill for excavations and depressions shall be placed in

80 horizontal, uniform layers, not to exceed eight (8) inches in thickness, before compaction; each layer is to be brought to optimum moisture content and thoroughly compacted to a relative compaction of not less than 95% relative compaction, in accordance with ASTM 1557, Method C.

Backfill shall be well-graded, pervious material containing no large rock layer or other deleterious material. The material shall be approved by the City of El Centro prior to its use.

Any backfill shall be inspected and tested by the City of El Centro’s soils consultant, at the City of El Centro’s discretion.

The Contractor shall compact fills by means of tamping or sheep’s foot rollers, multiple-wheel pneumatic tired rollers, or other types of rollers or equivalent which will be able to compact the fill to the desired density.

Rolling shall be accomplished while the fill material is at the desired moisture content.

Rolling of each layer shall be continuous over its entire area and sufficient trips shall be made by the rolling equipment to ensure that the desired relative compaction has been obtained.

If the moisture content of the fill material is below the needed amount necessary to create the necessary density, the proper amount of water shall be added. Similarly, if the moisture content of the fill is above the needed amount necessary to create the desired density, the fill material shall be aerated by blading or other satisfactory method until the moisture content of the fill material is satisfactory.

In the event a conflict arises between Section 200-2.1 and this section the more stringent shall apply. The City Engineer shall be the final arbiter if a conflict arises out of this specification. The contractor shall review each specification and bid accordingly.

No additional compensation will be made for any final interpretation of this specification. 211-2.1 Compaction tests, if carried out, will be in accordance with ASTM D-1557 Method C, to determine the maximum dry density.
211-2.3 The Relative Compaction shall mean the ratio of the field density to the laboratory maximum dry density, expressed as percentage. /////
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81 CONSTRUCTION METHODS
All construction methods for this contract shall conform to Part 3 – Construction Methods of the Standard Specifications for Public Works Construction (2003 edition), with the following changes and/or additions, unless indicated otherwise:

SECTION 300 – EARTHWORK
IS AMENDED AS FOLLOWS:
300-1 Clearing and Grubbing
300-1.1 General
ADD THE FOLLOWING PARAGRAPHS:

Along with all items indicated on the Plans to be removed, clearing and grubbing shall also include, but not be limited to, the following items:

1. Clearing for and providing temporary graded driveways and continuing maintenance thereof to provide continuous access to all residences within the project area as directed by the Engineer.

2. Saw-cutting of Portland cement concrete and asphalt concrete to neat straight lines at joints and right of way limits.

3. Protection of existing and relocated utility lines and structures prior to and during construction of proposed improvements.

4. Removal and disposal of interfering portions of abandoned utility lines and structures.

5. Removal, relocation, adjusting or salvaging of all facilities so indicated on the Plans which are not designated as separate bid items or which are not included in other bid items.

6. Removal and disposal of any additional items not specifically mentioned which may be found within the work limits.

7. Maintenance of project appearance.

8. Control of water and dewatering during construction.

9. Hauling and disposal of deleterious materials resulting from clearing and grubbing operations at a site obtained by the Contractor and approved by the Engineer.

10. Cleanup of project area upon completion of work.

11. Removal existing signs as noted on the plans and as directed by the Engineer

82 12. Self-propelled drop hammers will not be allowed for removals.

The Contractor shall protect all existing structures or facilities which are adjacent to, or fall within, the limits of work to be done under this contract in accordance with Sections 7-9 and 300-1 of the Standard Specifications. This item shall also include those structures and facilities which the Plans show or these Specifications indicate to be protected. Any structure or facility to be protected which is damaged as a result of the Contractor shall be repaired or replaced at his cost, to the satisfaction of the Engineer. 300-1.3 Removal and Disposal of Materials
300-1.3.1 General
DELETE THIS SECTION AND SUBSTITUTE THE FOLLOWING:

All materials removed shall be disposed of outside of the right of way at a legal dump site approved by the Engineer. Burning shall not be permitted under any circumstance.

No accumulation of flammable material shall remain on or adjacent to the right of way.

The roadway and adjacent areas shall be left with a neat and finished appearance. 300-1.4 Payment
DELETE THE FIRST PARAGRAPH AND SUBSTITUTE THE FOLLOWING:

The Contract price for clearing and grubbing shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in clearing and grubbing as shown in the Plans and as described in the Contract Documents, and as directed by the Engineer, including preservation of property, relocation of various facilities, removal and disposal of material, salvage of material, cleanup, and repairs. and incidentals necessary to complete these items in place. The work shall be considered as included in the price paid for the various bid items of work and no additional compensation will be made therefore. 300-2 Unclassified Excavation
300-2.1 General
REVISE THE SUBSECTION TO READ:

Unclassified excavation shall consist of all excavation, including the removal of existing roadway asphalt pavement and base and native materials in areas shown on the Plans or as directed by the Engineer.
300-2.9 Payment
ADD THE FOLLOWING PARAGRAPH:

83 Quantities of unclassified excavation used for payment, other than additional work ordered or deleted by the Engineer, shall be the quantity indicated in the various bid items under demolition and construction as shown on the bid proposal form and no further compensation will be awarded therefore. 300-4 Unclassified Fill
300-4.1 General
ADD THE FOLLOWING PARAGRAPH:

All remaining excess materials not used on the project for fills, embankments, and roadbed purposes shall be disposed of by the Contractor according to Subsection 300-

2.6 of the Standard Specifications.
300-4.9 Measurement and Payment
ADD THE FOLLOWING PARAGRAPH:

Quantities of Unclassified Fill used for payment, other than additional work ordered or deleted by the Engineer, shall be the quantity indicated in the awarded Contract under demolition and construction as shown in the bid proposal form and no additional compensation shall be awarded therefore.

SECTION 301 – TREATED SOILS, SUBGRADE PREPARATION, AND PLACEMENT

OF BASE MATERIALS
IS AMENDED AS FOLLOWS:
301-1.6 Adjustment of Manhole Frame and Cover Sets to Grade ADD THE FOLLOWING PARAGRAPHS:

The Contractor shall adjust all sewer manholes and survey monument covers, as needed, to the finished pavement grade as indicated on the Plans in accordance with the provisions of Section 301 1.6 and Section 302 5.7 of the Standard Specifications and these Specifications:

1. The Contractor shall locate and tie out all manholes, valve covers, vaults, and survey monuments prior to any paving operation. The ties shall be marked on a set of construction plans.

2. All manholes, vaults, and covers, and gas and water valve covers shall be thoroughly cleaned of any construction debris which may have fallen in or otherwise entered due to the Contractor’s operations.

3. The survey monument covers shall be adjusted to match finished grade. The survey monuments shall be protected in place by the Contractor. If monuments require to be reset, the work shall be performed by a licensed land surveyor and all costs shall

84 be at the Contractor’s expense.

4. Manholes, meters, vaults, and valve covers not owned by the City shall be adjusted, as needed, to grade by the utility owner involved and at the utility company’s expense. The Contractor shall coordinate this work with the utility companies.

5. The contractor shall paint all water valve covers blue. 301-1.7 Payment
DELETE THE THIRD PARAGRAPH AND SUBSTITUTE THE FOLLOWING:

The Contract price paid for adjusting storm drain manholes and adjusting the survey monument covers, including all labor, materials, tools, equipment, tying out manholes, and valve covers, coordination with the various utility owners, and incidentals necessary to complete these items in place, shall be considered as included in the price paid for the various related items of work and no additional compensation will be made therefore.

SECTION 302 – ROADWAY SURFACING
IS AMENDED AS FOLLOWS:
302-5 Asphalt Concrete Pavement
REPLACE THE LAST PARAGRAPH WITH THE FOLLOWING:
302-5.1 General
Asphalt concrete shall conform to the requirements of Subsection 203-6 as modified by these Special Provisions. Bituminous pavement removals shall conform to the provisions of Subsection 300 1.3.2 of the Standard Specifications. 302-5.4.1 Fog Seal Application
ADD THE FOLLOWING:

A Fog Seal Application of SS-1h emulsified asphalt shall be uniformly applied to the top surface of the final layer of asphalt concrete on roadway surfaces at a rate of 0.45 L/m2 (0.10 gal/SY). The surface shall be free of water, foreign material, or dust when Fog Seal Application is applied.
302-5.5 Distribution and Spreading
ADD THE FOLLOWING:

Tarpaulins shall be used to cover all loads when directed by the Engineer or as

85 specified by the Imperial County Air Pollution Board rules and guidelines.

In advance of spreading asphalt concrete over asphalt concrete base course, or asphalt concrete surface, asphalt concrete leveling course shall be spread by any mechanical means that will produce a uniform smoothness and texture. Asphalt concrete leveling shall include, but is not limited to, the filling and leveling of irregularities and ruts.

Asphalt concrete used to change the cross slope or profile of an existing surface shall not be considered as asphalt concrete leveling.

Unless otherwise permitted by the Engineer, the top layer of asphalt concrete for shoulders, tapers, transitions, road connections, private drives, curve widening, turnouts, left-turn pockets, and other such areas, shall not be spread before the top layer of asphalt concrete for the adjoining through lane has been spread and compacted. At locations where the number of lanes are changed, the top layer for the through lanes shall be paved first. Tracks or wheels of spreading equipment shall not be operated on the top layer of asphalt concrete in any area until final compaction has been completed or unless directed by the Engineer.

The top layer of asphalt concrete shall not exceed 60 mm (0.20 ft) in compacted thickness. Each lane of the top layer, once commenced, shall be placed without interruption.

All screed extensions for paving machines shall be provided with a tamper, roller, or other suitable compacting devices.

Asphalt pavers shall be equipped with automatic screed controls and a sensing device or devices. Automatic grade and slope control shall be used for overlays.

All joints shall be sealed after rolling.

When placing asphalt concrete to the lines and grades noted in the plans or as approved by the Engineer, the automatic screed controls shall control the longitudinal grade and transverse slope of the screed. Grade and slope references shall be furnished, installed, and maintained by the Contractor. The Contractor shall use a ski device, the minimum length of the ski device shall be 10 m (30 ft.). The ski device shall be a rigid one-piece unit and the entire length shall be utilized in activating the sensor.

The Contractor may use a laser to control the screed.

When placing the initial mat of asphalt concrete on existing pavement, the end of the screed nearest the center line shall be controlled by a sensor activated by a ski device not less than 10 m (30 ft.) long. The end of the screed farthest from center line shall be controlled by an automatic transverse slope device set to reproduce the cross slope approved by the Engineer.

When paving contiguously with previously placed mats, the end of the screed adjacent to the previously placed mat shall be controlled by a sensor that responds to the grade of the previously placed mat and will reproduce the grade in the new mat within a 3 mm (0.01 ft.) tolerance. The end of the screed farthest from the previously placed mat shall be controlled in the same manner as when placing the initial mat.

86 Should the automatic screed controls fail to operate properly during any day's work, the Contractor may use manual control of the spreading equipment for the remainder of that day; however, the equipment shall be corrected or replaced with alternative automatically controlled equipment conforming to the requirements in this section before starting the next day's work.

Should the methods and equipment furnished by the Contractor fail to produce a layer of asphalt concrete conforming to the requirements, including straightedge tolerance, of Subsection 302-5.6.2, "Density and Smoothness," of the Standard Specifications, the paving operation shall be discontinued and the Contractor shall modify his equipment or furnish substitute equipment.

A drop-off of more than 45 mm (0.15 ft) will not be allowed at any time between adjacent lanes open to public traffic.

The Contractor shall schedule his paving operations such that each layer of asphalt concrete is placed on all contiguous lanes of a traveled way each work shift. At the end of each work shift, the distance between the ends of the layers of asphalt concrete on adjacent lanes shall not be greater than 3 m (10 ft.) nor less than 1.52 m (5 ft.).

Additional asphalt concrete shall be placed along the transverse edge at the end of each lane and along the exposed longitudinal edges between adjacent lanes, hand raked, and compacted to form temporary conforms. Kraft paper, or other approved bond breaker, may be placed under the conform tapers to facilitate the removal of the taper when paving operations resume.
302-5.6 Rolling
ADD THE FOLLOWING:
302-5.6.1 General
The Contractor shall furnish a sufficient number of rollers to obtain the specified compaction and surface finish required by the Standard Specifications and these Special Provisions.

Pneumatic rollers shall be required on lower layer only.

Initial breakdown compaction shall consist of a minimum of three (3) coverages of a layer of asphalt mixture. A pass shall be a movement of rolling in both directions over the same path. Coverage shall consist of as many passes as are necessary to cover the entire width being paved. Overlap between passes during coverage, made to ensure compaction without displacement of material in accordance with good rolling practice, shall be considered to be part of the coverage being made and not part of a subsequent coverage.

Each coverage shall be completed before subsequent coverages are started. 302-5.6.2 Density and Smoothness

87 The completed surfacing shall be thoroughly compacted, smooth and free from ruts, humps, depressions or irregularities. Any ridges, indentations or other objectionable marks left in the surface of the asphalt concrete shall be eliminated by rolling or other means. The use of any equipment that leaves humps, ridges, irregularities, indentations or other objectionable marks in the asphalt concrete shall be discontinued, and acceptable equipment shall be furnished by the Contractor.

The transverse slope of the finished surface shall be uniform to a degree such that no depressions greater than 3 mm (0.01 ft.) are present when tested with a straightedge 3 m (10') long, laid in a direction transverse to the center line.

If the test results for any lot of asphalt concrete indicate that the relative compaction is below 95.0 percent (95%), the Contractor will be advised that he is not attaining the required relative compaction and that his materials, procedures, or both, need adjustment. Asphalt concrete spreading operations shall not continue until the Contractor has notified the Engineer of the adjustment that will be made in order to meet the required compaction.
302-5.7 Joints
ADD THE FOLLOWING:

Before placing the top layer adjacent to cold transverse construction joints, the joints shall be trimmed to a vertical face and to a neat line. Longitudinal joints shall be trimmed to a vertical face and to a neat line if the edges of the previously laid surfacing are, in the opinion of the Engineer, in such condition that the quality of the completed joint will be affected. Longitudinal and transverse joints shall be tested with a 3 m (10’) straightedge and shall be cut back as required to conform to the provisions in Subsection 302-5.6.2, “Density and Smoothness,” for surface smoothness.

Connections to existing surfacing shall be feathered to conform to the provisions for smoothness.

Longitudinal joints in the top layer shall correspond with the edges of proposed traffic lanes (striping). Longitudinal joints in all other layers shall be offset not less than 150 mm (0.5') alternately each side of the edges of traffic lanes.

All feathered joints shall be sealed after rolling.
302-5.8 Manholes and Other Structures
REPLACE LAST PARAGRAPH WITH THE FOLLOWING:

After the pavement has been completed, the necessary portions of the subgrade, base, and pavement shall be neatly removed, the structure built up, and the manhole frame set to be backfilled to the asphalt concrete surface with Portland cement concrete conforming to 302-6.1 by the party responsible for adjustment of the frame and as further required in these specifications.

88 Contractor shall note and reference the locations of the manholes and water valves and vaults prior to placing pavement in order to locate and raise them following the work.

Manhole, water valve and of vault locations and distance from reference points to the center of each such facility shall be marked on either a curb face or other reference point indicators (stakes) by contractor prior to be getting any paving.

ADD THE FOLLOWING:
302-5.8.1 Adjustment of Water Valve Covers
Existing water valve covers and sewer manholes, within the Project limits, shall be adjusted to grade by the Contractor.

Contractor shall lower manhole and water valves within areas designated for cold milling prior to cold milling operations. Each such manhole water valve or utility box shall be lowered to a depth below the required milling depth. Frames and covers and utility boxes shall be removed to the city yard facility and a ½” thick steel plate shall be provided to cover the hole where the utility facility exists. Temporary AC shall be provided to fill any voids in the roadway surface which remain after the cover is in its final lowered position.

After completion of paving, the facility shall be raised to grade. The finish grade of raised facilities shall be ¼-inch below the finish grade of the asphalt concrete pavement.

Contractor shall exercise care such that rocks, dirt and debris do not enter sewer lines.

The water valves shall be raised as follows: the asphalt pavement immediately adjacent to the water valve shall be removed, the existing frame and cover removed, the existing sleeve extended or replaced with matching material to extend from the valve to the new valve frame elevation, the water valve frame and cover placed to match the respective water district's standards, the water valve and cover and adjusted to proper grade, and the pavement replaced with a minimum of two inches of asphalt concrete.

Contractor shall notify the respective utility owners at least five working days in advance of the paving operations and again after completion of paving operations. Such notifications of utilities to be adjusted to grade by others shall be made in writing.

Contractor shall mark locations of utilities for those locations of facilities to be adjusted to grade by others.

The Contractor shall take care to insure no intrusion of gravel or pulverized material into the manholes or valve stem areas.

The Contractor shall loosen and paint blue all water valve covers immediately after adjustment.
302-5.9 Not used

89 SECTION 303 – CONCRETE AND MASONRY CONSTRUCTION
IS AMENDED AS FOLLOWS:
303-1 Concrete Structures
303-1.11 Payment
ADD THE FOLLOWING PARAGRAPH:

Payment for concrete structures shall include full compensation for excavation, structural excavation, disposal of excess dirt, backfill, concrete, forming, and reinforcing, complete and in place and no additional payment will be made therefore.
303-5 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways.
303-5.1.1 General
ADD THE FOLLOWING:

When removals of curb and/or sidewalk are located at curb return, the Contractor shall install access ramps. The Contractor is to construct all access ramps in accordance with American Disability Act (ADA) Standards/California Code of Regulations Title 24 – Accessibility Regulations. If the ramps constructed by the Contractor are found to be in non-compliance with ADA Standards, the Contractor will be required to remove and replace the ramps to ADA Standards at the Contractor's expense.

All removed curb and gutter, cross gutters, spandrels, driveway approaches, and sidewalks shall be replaced within three (3) calendar days, unless the contractor provides reasonable documentation to exceed the three (3) day limit five (5) working days before removal and approved in writing by the Engineer. The Asphalt Concrete patch shall be placed within five (5) working days after the curb and gutters are replaced, and seven (7) days after the cross gutter and spandrels are replaced.

No PCC shall be ordered and/or placed until the forms and subgrade have been inspected and approved by the Engineer in the field.

All pull boxes, water meter boxes, and water valve covers shall be adjusted to proposed finish grade and approved by the Engineer in the field prior to placement of the PCC. 303-5.1.3 Driveway Entrances
REPLACE LAST PARAGRAPGH WITH THE FOLLOWING:

Driveway approaches shall be 150 mm (6 in.) thick for single family residential areas

90 and 200 mm (8 in.) thick for all other areas.
303-5.3 Placing Concrete
ADD THE FOLLOWING:

All temporary storage of PCC liquid residues and mixer wash out on the project site shall be deposited within a self-containment area or bin. The Contractor may elect to allow the moisture to evaporate and dispose of the material as a solid or dispose of the material as a liquid. The Contractor shall notify the engineer in writing, as a preconstruction meeting submittal, what method of disposal will be utilized.

If disposal of the material in liquid form is chosen, the Contractor must provide in writing, as part of the preconstruction meeting submittal, the name, location, telephone number, and a copy of the California Regional Water Quality Control Board (RWQCB) permit for disposal of PCC liquid residue, or if the disposal site is located outside of the State of California, a copy of a permit issued by that state is required. The engineer will verify the information before the Notice to Proceed is issued.

All PCC and related work, including grading and forming, shall be suspended if the Contractor does not have a PCC liquid residue or mixer wash out containment area or bin on site one (1) working day before the scheduled placement of PCC. The Contractor will not be allowed any additional compensation or extension of time for suspended operations due to not having a containment area or bin on site. The containment area or bin shall have sufficient room for two (2) days deposit of material.

The Contractor shall provide the engineer with a copy of the landfill receipts or disposal site receipt and weight ticket showing disposal of PCC liquid residues and wash out within five working days of disposal.
303-5.4.3 Weakened Plane Joints, (a) General
ADD THE FOLLOWING:

All weakened plane joints shall be spaced at a maximum of 3m (10 ft.) for curbs, gutters, and sidewalks. Scoring lines shall conform to those prevailing in the area and be uniform in spacing.
303-5.5.2 Curb
ADD THE FOLLOWING:

The curb and gutter surface shall not vary more than 3 mm (0.01 ft.) from 3 m (10 ft.) straightedge except at the grade changes. Prior to the removal of the forms, the surface shall be finished true to grade by means of a straightedge float of not less than 3m (10 ft.) in length, and operated longitudinally over the surface of the concrete. Form clamps shall be so constructed as not to interfere with the operation of the float. In no event shall forms be removed while the concrete is sufficiently plastic to slump. The top and face of the finished curb shall be true and straight and top surface of curbs shall be

91 of uniform width, free from humps, sags, blemishes or other irregularities. 303-5.5.3 Walk
ADD THE FOLLOWING:

The sidewalk surface shall not vary more than 5 mm (0.02') from the 3m (10') straightedge except at grade changes, and the finished surface shall be free from humps, sags, blemishes or other irregularities. All sidewalks shall be a minimum of 100 mm (4") thick, except at driveways where the sidewalks shall be a minimum of 150 mm (6") thick for single family residential areas and 200 mm (8") thick for all other areas. 303-5.6 Curing
ADD THE FOLLOWING:

Curing compound shall be translucent with red fugitive dye, Type 1, in accordance with Section 201-4, "Concrete Curing Compound," of the Standard Specifications.

In order to minimize vandalism damage to the finished PCC surfaces, the Contractor shall plan his work so that no PCC is poured after 1:00 p.m., unless otherwise authorized by the Engineer in the field.

The Contractor shall barricade and protect placed Portland Cement Concrete from all damages, marks, mars, and/or graffiti. Any Portland Cement Concrete damaged, defaced, discolored, or defective shall be replaced to the satisfaction of the Engineer at the Contractor's expense, and no additional time will be allowed.

Grading, patching, or other remedies to correct the situation will not be accepted unless in the opinion of the Engineer the vandalized area is so small that it does not warrant replacement. Concrete replacement areas shall be from score mark or control joint to score mark or control joint, and full width of the sidewalk. All replacement areas shall be saw cut.
/////
/////
SECTION 310 – PAINTING
IS AMENDED AS FOLLOWS:
310-5 Painting Various Surfaces
310-5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings

92 DELETE THE ENTIRE SUBSECTION AND SUBSTITUTE THE FOLLOWING:

Painted traffic stripes (lane lines and speed limit markings) and applying thermoplastic pavement markings (word and symbol markings, limit lines, crosswalk, etc.) shall conform to the provisions in Section 84, "Traffic Stripes and Pavement Markings," of the State of California Standard Specifications and these Special Provisions.

The subparagraphs of the first paragraph in Section 84 3.02, "Materials," of the State of California Standard Specifications are amended to read:

State Specification No.

Rapid Dry Water Base, Traffic Line. —White, Yellow and Black PTWB-01 The second and third paragraphs in Section 84-3.02, "Materials," of the State of California Standard Specifications are amended to read:

State Specifications for traffic paint and glass beads may be obtained from the Transportation Laboratory, 5900 Folsom Boulevard, Sacramento, CA 95819-4612, telephone number (916) 227 7289.

Glass beads shall conform to 1-ACOT type beads or equal.

The Contractor shall layout and “cat-track” the alignment of the proposed striping at 4.5 m (15 ft) intervals and “spot” the proposed pavement markings as called for on the Plans. Striping shall vary no more than 12 mm (2 in) in 15.2 m (50 ft) from the specified alignment. The Engineer may waive minor variations.

The Contractor shall not proceed with the painting of any striping or applying thermoplastic pavement markings until the Engineer has checked and approved the cat-tracking and spotting, and has authorized the Contractor to proceed.

Traffic striping shall be applied with airless equipment. All traffic striping shall be performed with a road liner type striping machine. Where the configuration or location of a traffic stripe is such that the use of a road liner type striping machine is unsuitable, traffic paint and glass beads may be applied by other methods and equipment approved by the Engineer. The Engineer shall determine if the road liner type striping machine is unsuitable for a particular use.

The first coat of paint shall be applied upon completion of the surfacing. The second coat of paint shall not be applied until seven (7) calendar days after the first coat. Each coat of paint shall be applied at the wet film thickness of 10-12 mils for white and yellow paint and 7 mils for black paint. All paint shall be applied at a relative humidity below seventy-five percent (75%) and an ambient temperature above 13°C (55°F), unless otherwise approved by the Engineer.

Except for black paint, No. 1 reflective glass beads shall be uniformly incorporated in all coats of paint concurrently with the application of the paint. The glass beads shall be embedded in the coat of traffic paint being applied to a depth of at least one-half their diameters. The reflective glass beads shall be applied to the first coat of paint at the

93 rate of 0.7 kg (1.5 lb) of beads per liter (0.26 Gal) of paint, and to the second coat of paint at the rate of 0.95 kg (2 lb) of beads per liter (0.26 Gal) of paint.

Except as otherwise noted on the Plans or as directed by the Engineer, all angle points, as shown on the striping Plans shall be painted as a smooth, tangent curve with a radius and length as approved in the field.

Temporary tape or reflective markers utilized for the purposes of interim delineation for centerline, lane lines, and crosswalk lines shall be placed to the side of the final striping pattern in such a way so that it will not interfere with the first coat of paint. All temporary tape and reflective markers applied for the purpose of interim delineation shall be removed by the Contractor at no additional cost to the City upon completion of the first coat of striping and prior to the final striping.

Stencils used for pavement markings must conform to the latest Caltrans approved Non-Metric Stenciling Standards.

Add to Subsection 84-1.04, “Protection from Damage,” of the State of California Standard Specifications the following:

Newly painted or existing striping or applied thermoplastic pavement markings which are damaged as a result of the construction, including wheel markings by public traffic and the construction equipment, shall be repainted or thermoplastic replaced, and any associated removals shall be performed as outlined in these Special Provisions at the sole expense of the Contractor and no separate compensation will be allowed therefore.

Existing traffic striping and pavement markings that do not conform to the approved Plans shall be removed by wet sandblasting. Other methods may be requested by the Contractor, but shall be submitted in writing to the Engineer for approval. Blackout of existing traffic striping or pavement markings, which do not conform to the approved Plan, shall not be allowed.

Painting traffic stripes and applying of thermoplastic pavement markings shall not be separately measured.

The Contract lump sum (LS) price paid for TRAFFIC STRIPING (2 COATS) AND PAVEMENT MARKING shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in painting traffic stripes and applying thermoplastic pavement markings including establishing alignment for stripes, layout work, and sandblasting markers, complete in place, as shown on the Plans, as specified in the Standard Specifications and these Special Provisions and as approved by the Engineer, and no additional compensation will be allowed therefore.

94 PAVEMENT MARKERS
Pavement markers shall conform to the provisions in Section 85, "Pavement Markers," of the State of California Standard Specifications and these Special Provisions.

Certificates of compliance shall be furnished for pavement markers as specified in "Prequalified and Tested Signing and Delineation Materials," elsewhere in these Special Provisions.

Reflective pavement markers shall comply with the specific intensity requirements for reflectance after abrading the lens surface in accordance with the "Steel Wool Abrasion Procedure," specified for pavement markers placed in pavement recesses in Section 85

1.05, "Reflective Pavement Markers," of the State of California Standard Specifications.

Non-reflective pavement markers shall conform to the requirements of the Section 85-

1.04, “Non-Reflective Pavement Markers,” of the State of California Standard Specifications. The bituminous adhesive used to install the markers shall be a hot melt bituminous adhesive asphaltic material with a homogeneously mixed mineral filler and shall conform with the requirements specified in Subsection 85-1.055, “Adhesives,” of the State of California Standard Specifications.

Reflective pavement markers shall be installed per the approved Plan unless otherwise approved by the Engineer. The composition of the material shall be such that its properties shall not deteriorate when heated to, and applied at temperatures up to 218°C (425°F), using either air or oil jacketed melters.

Reflected pavement markers shall be placed at locations as established by the applicable Caltrans striping detail noted on the approved striping Plan which includes, but is not limited to temporary painted line(s), new striping, or existing striping. There shall be one marker for each location. The Contractor shall perform all work necessary to establish satisfactory locations for markers.

The Contractor shall remove existing reflective pavement markers that do not conform to the approved Plan.

Reflective pavement markers shall be of the prismatic reflector type (3M model white RP290w and yellow RPM 2912y or equal) as outlined in Subsection 85-1.05, “Reflective Pavement Markers,” of the State of California Standard Specifications.

Existing pavement markers (blue) designating location of the fire hydrants shall be replaced “in kind” after the paving is completed.

The Contract unit price paid for pavement markers (blue) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in installing pavement markers (blue) complete in place, as shown on the Plans, as specified in the Standard Specifications and these Special Provisions and as approved by the Engineer.

Full compensation for pavement markers (traffic delineation) shall be considered as

95 included in the Contract lump sum (LS) price paid for TRAFFIC STRIPING (2 COATS) AND PAVEMENT MARKING and no additional compensation will be allowed therefore.

END OF TECHNICAL SPECIFICATIONS

96 STATE LABOR STANDARDS PROVISIONS
State prevailing wage rates shall apply when the State wage rate is higher than the Federal wage rate. The Contractor and all subcontractors are subject to the application of Labor Code §§1720 et seq. which detail the regulations and procedures governing the payment of State prevailing wages.

The Contractor and all subcontractors are subject to the provisions of Labor Code §3700 which requires that every employer be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of the code.

The Contractor and all subcontractors are subject to the provisions of Labor Code §§1810 through 1814 which provide that the maximum hours a worker is to be employed is limited to eight (8) hours a day and forty (40) hours a week and the Contractor or subcontractor shall forfeit, as a penalty, twenty-five dollars ($25) for each worker employed in the execution of the Contract for each calendar day during which a worker is required or permitted to labor more than eight (8) hours in any calendar day or more than forty (40) hours in any calendar week and is not paid overtime.

Labor Code §1815 requires that notwithstanding the provisions of Labor Code §§1810 through 1814, employees of the Contractor who work in excess of eight (8) hours per day and forty (40) hours per week shall be compensated for all hours worked in excess of eight (8) hours per day at not less than one and one-half (l.5) times the basic rate of pay.

97 CERTIFICATION OF UNDERSTANDING

AND AUTHORIZATION
PROJECT NAME: City of El Centro, Frazier Field – Eddie White Complex Parking Lot Project
This is to certify that the principals, and the authorized payroll officer, below, have read understand the minutes of the pre-construction conference, the Federal Labor Standards clauses pertaining to the subject project and the U.S. Department of Labor Wage Determinations CA and the State of California Labor Standards and Wage Determinations IMP and others.

The following person(s) is designated as the payroll officer for the undersigned and is authorized to sign the “Statement of Compliance” which will accompany our weekly Certified Payroll Reports for this project:

Payroll Officer
(Print Name)
Payroll Officer
(Signature)
(Contractor / Subcontractor)
(Print Name)
(Signature)
(Title)
(Date)

98 EXHIBIT B

PUBLIC CONTRACT CODE - PCC
DIVISION 2. GENERAL PROVISIONS [1100 - 22355]
( Division 2 enacted by Stats. 1981, Ch. 306. )

PART 5. WITHHELD CONTRACT FUNDS [22300- 22300.]
( Part 5 added by Stats. 1988, Ch. 1408, Sec. 11. )

22300.
(a) For purposes of this section, “contractor” includes, but is not limited to, a contractor performing a public works contract, as defined in Section 1101, and any person or entity that would qualify as a contractor under Section 6106.5. (b) Provisions shall be included in any invitation for bid and in any contract documents to permit the substitution of securities for any moneys withheld by a public agency to ensure performance under a contract; however, substitution of securities provisions shall not be required in contracts in which there will be financing provided by the Farmers Home Administration of the United States Department of Agriculture pursuant to the Consolidated Farm and Rural Development Act (7 U.S.C. Sec. 1921 et seq.), and where federal regulations or policies, or both, do not allow the substitution of securities. At the request and expense of the contractor, securities equivalent to the amount withheld shall be deposited with the public agency, or with a state or federally chartered bank in this state as the escrow agent, who shall then pay those moneys to the contractor.

Upon satisfactory completion of the contract, the securities shall be returned to the contractor.
(c) Alternatively, the contractor may request and the owner shall make payment of retentions earned directly to the escrow agent at the expense of the contractor. At the expense of the contractor, the contractor may direct the investment of the payments into securities and the contractor shall receive the interest earned on the investments upon the same terms provided for in this section for securities deposited by the contractor. Upon satisfactory completion of the contract, the contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the owner, pursuant to the terms of this section. (d) Securities eligible for investment under this section shall include those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the contractor and the public agency.

The contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon.

Failure to include these provisions in bid and contract documents shall void any provisions for performance retentions in a public agency contract.

For purposes of this section, the term “public agency” shall include, but shall not be limited to, chartered cities.
(e) (1) Any contractor who elects to receive interest on moneys withheld in retention by a public agency shall, at the request of any subcontractor, make that option available to the subcontractor regarding any moneys withheld in retention by

99 the contractor from the subcontractor. If the contractor elects to receive interest on any moneys withheld in retention by a public agency, then the subcontractor shall receive the identical rate of interest received by the contractor on any retention moneys withheld from the subcontractor by the contractor, less any actual pro rata costs associated with administering and calculating that interest. In the event that the interest rate is a fluctuating rate, the rate for the subcontractor shall be determined by calculating the interest rate paid during the time that retentions were withheld from the subcontractor. If the contractor elects to substitute securities in lieu of retention, then, by mutual consent of the contractor and subcontractor, the subcontractor may substitute securities in exchange for the release of moneys held in retention by the contractor.
(2) This subdivision shall apply only to those subcontractors performing more than five percent of the contractor’s total bid.
(3) No contractor shall require any subcontractor to waive any provision of this section.
(f) The Legislature hereby declares that the provisions of this section are of statewide concern and are necessary to encourage full participation by contractors and subcontractors in public contract procedures.
(g) The escrow agreement used hereunder shall be null, void, and unenforceable unless it is substantially similar to the following form:

ESCROW AGREEMENT FOR

SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between whose address is
hereinafter called “Owner,”
whose address is
hereinafter called “Contractor” and
whose address is
hereinafter called “Escrow Agent.”
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for ____ in the amount of ____ dated ____ (hereinafter referred to as the

100
“Contract”). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent.

When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of ____, and shall designate the Contractor as the beneficial owner.
(2) The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above.
(3) When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly.
(4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent.
(5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner.
(6) Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. (7) The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days’ written notice to the Escrow Agent from the owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner. (8) Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.

101
(9) Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release and disbursement of the securities and interest as set forth above.
(10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:

On behalf of Owner: On behalf of Contractor:

Title Title
Name Name
Signature Signature
Address Address
On behalf of Escrow Agent:

Title
Name
Signature
Address
At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.

Owner Contractor

102
Title Title
Name Name
Signature Signature
(Amended by Stats. 2022, Ch. 427, Sec. 21. (SB 1489) Effective January 1, 2023.)

103

PAYROLL FORMS

104
STATE

PREVAILING WAGE
RATES

04 05
05 27,945 SFT

TOTAL IMPERVIOUS AREA
TOTAL AREA = 29,437 SFT
SDV= 877 CFT
RETENTION CAPACITY= 4,420 CFT
5 IMPERVIOUS SURFACE AREA: 27,945
TOTAL DMA : 29,437
SDV= C (Area) (D)
D=.41
C= 0.9(%IMPERVIOUS) + (CP) (1-%IMPERVIOUS)
CP= .35
C= .87
SDV=.87 (29,437) (.41)
SDV=875 CFT
RETENTION BASIN VOLUME = 4420 CFT
RETENTION BASIN VOLUME > 875 CFT
INV 95.25
TOP 97.50
FREEBOARD .5 '
3" LAYER OF 3
4 " GRAVEL
CL

GROUND LEVEL

ASPHAT SURFACE
VARIES
% VARIES

REDWOOD HEADER

2.5"
8"
6"
2" x 6" PERIMETER
2"X2"X18" WOOD STAKE
HOLDER @ 3' O.C.

NEW ASPHALT

CLASS II BASE

SCARIFY
4'
1'

COMPACTED
NATIVE
6 ASPHALT STRUCTURAL SECTION
6"

1.5 ' 1.5'

EXISTING FENCE POLE
COMPACTED SUBGRADE TO 95% MDD
BELOW SWALE PER ASTM D-1557.

DRAINAGE DROP INLET
BOX PER DETAIL 4
12" HDPE PIPE
INV 95.71

DROP INLET CONNECTION
ASPHALT DIKE PER DETAIL 3

DMA CALCULATION
8" MIN. CLASS II

AGGEGATE BASE
COMPACTED TO 95%

OF DRY MAX

DENSITY ASTM
D-1557

CONCRETE GUTTER PER DETAIL
4 DROP INLET

FL AS SHOWN

ON PLAN SLOPE PER
PLAN
4000 PSI

CONCRETE

SLOPE PER
PLAN

PREPARED SUBGRADE

PER SPECIFICATIONS

PROPOSEDD PAVEMENT
PER CIVIL PLANS (TYP) 6" 6"

1.5% 1.5%
3' OR AS SHOWN ON PLANS
7 CROSS GUTTER

03 03
FS 97.50
EG 97.55
FL 97.37
INV 95.71
FS 97.70

48.33 '
INV 96.00
BOT 95.44
INV 95.54
GB 98.21
EG 97.50
FL 96.87
GRADING PLAN II SC 1:20
EG 97.78 FL 97.50
FL 97.76
INV 95.71
INV 95.29 INV 95.25
EG 97.62 TOP 97.50

1.89 ' 2.61 '

32.42 '

15.34 ' 8.84 '
6 ' 10 '
24 '
36" DRAINAGE DROP INLET
PER DETAIL 5, SHEET 04
FS 97.32
FS (97.79)
FS (97.79)
FL 97.70
EP (97.79)
TD 98.35

0.8%
FL 98.53
FL 98.38

2.3%
FL 98.91

1.5%
FS 97.50
BOT 96.00
BOT 95.25
INV 95.25
FL 97.50
FL 97.76
INV 95.29 EG 97.78
GB 98.21

2.3%

1.5%
FL 97.73
GB 98.09
FL 97.50
INV 95.71
INV 95.54
FL 97.37
FL 97.38
EG 97.50
FL 97.68
GB 97.85

0.15% 0.15% 0.22%

RETENTION
BASIN
B
B'
INV 95.39
TBM 100.00 STA 00+00 STA 00+25 STA 00+50 STA 00+75 STA 01+00 STA 01+25 STA 01+50 STA 01+75 STA 02+00 STA 02+25 STA 02+50 STA 02+75 STA 03+00 STA 03+25 STA 03+50 STA 03+75 STA 04+00 STA 04+25 STA 04+50 STA 04+75 STA 05+00 STA 05+25 STA 05+50 STA 05+75 STA 06+00 STA 06+25 TOP OF HYDRANT

0.15% 0.15% EP 97.96

0.14%

0.14% 0.14%

0.15%

0.15% EP 98.38 EP 98.34 EP 98.30 EP 98.26 EP 98.23 EP 98.19 EP 98.15 EP 98.11 EP 98.08 EP 98.04 EP 98.00 EP 97.93 EP 97.89 EP 97.85 EP 97.81 EP 97.78 FL 97.74 FL 97.70 FL 97.66 FL 97.63 FL 97.59 FL 98.49FL 98.46FL 98.42FL 98.39FL 98.35FL 98.32FL 98.28FL 98.21FL 98.18FL 98.14EP 98.11EP 98.07EP 98.04EP 98.00EP 97.97 EP 97.93EP 97.90 FL 98.25
FL 98.76

1.5%

2.3%
FL 98.61

1.5%

2.3%
FL 98.46

1.5%

2.3%
FL 98.31

1.5%

2.3%
FL 97.45

0.18%
.44%FL 97.60

1.84%

SECTION B - SURFACE LEVEL

ASPHALT STRUCTURAL
SECTION, SEE DETAIL 6,
SHEET 04
12" HDPE DRAINAGE PIPE
6" MODIFIED CONCRETE

CROSS GUTTER
8" HDPE DRAINAGE PIPE
568.46 ' 48.33 ' 2.25 '
05 FREEBOARD
A
3 A
3 B
4 B
4 C
3 C
3 D
3 D
3 10
12 6
12 12
4 1
7 2 TYP.

TOP OF HYDRANT
1 TYP.

BASIN
BASIN
3 3
FS 97.50

CONSTRUCT OF ASPHALT DIKE PER CALTRANS
STANDARD DETAIL, SEE DETAIL 03, SHEET 02

CONSTRUCT OF RETENTION BASIN PER CITY

GUIDELINES

INTSTALL HDPE PIPE PER PLAN
PAINT PARKING STRIPES PER DETAIL 1, SHEET 2

CONSTRUCTION KEYNOTES
1 2
3 4
5 6
NEW 24" X 24" DROP INLET, SEE DETAIL 04,
SHEET 05 7

INSTALL CONCRETE WHEEL STOP OVER

PARKING STALLS
8 INSTALLATION ADA PARKING SIGN, SEE DETAIL
2, SHEET 02 9

INSTALLATION OF ASPHALT DIKE PER
CALTRANS STANDARD DETAIL TYPE "F", SEE
DETAIL 03, SHEET 02
10 11 NEW CLASS II BASE PATHWAY
CONSTRUCT 2.5" HMA OVER 8" CLASS II BASE
COMPACTED TO 95% RELATIVE DENSITY OVER 12"

SCARIFIED AND RECOMPACTED NATIVE COMPACTED
TO 90% RELATIVE DENSITY. 12 HIGH POINT/ GRADEBREAK
13 CONSTRUCT SWALE PER PLAN WITH 4:1 SLOPES

CONSTRUCT CONCRETE CROSS GUTTER
PER DETAIL 07, SHEET 05

RETENTION
BASIN
8'
8" CLASS II BASE COMPACTED TO
95% RELATIVE DENSITY OVER

SELECT GRANULAR BACKFILL COMPACTED
TO 90% RELATIVE DENSITY.

EXISTING FENCE POLE
6" DEPTH OF GRAVEL
4 1
4 1 4
1 SECTION C - SCALE 1"=2'
SECTION A - SCALE 1"=4'
10 EXISTING 15.8' DEPTH

MANHOLE TO PROTECT IN
PLACE
EXISTING 6.33' DEPTH

MANHOLE TO PROTECT IN
PLACE
FS 97.00
FS 96.50
2 TYP.
13 SECTION D - SCALE 1"=2' 8 ' SWALE

W W W W W W W W W W W W W W W W
04 04
FS 97.68
EG 97.73
FL 97.45
INV 95.71
FL 97.85

1.33 ' 47 '

3.01 '
.5 ' GB 98.21
INV 95.39

1.5% 2.5%

24.01 ' 17.99 '
EG 97.57
UTILITY PLAN II 1:20
SECTION B - SCALE 1":4'
18" IID EXISTING LINE TO BE

PROTECTED, ENCROACHMENT

PERMIT WITH IID SHALL BE

PROCESSED PRIOR CONDUCTING
CONSTRUCTION ACTIVITIES, INV.

ELEVATION AROUND 4FT
EXISTING 1" WATERLINE, INV

ELEVATION TO BE VERIFIED

BY CONTRACTOR

EXISTING GAS LINE,

INVERT ELEVATION

TO BE LOCATED BY

GAS COMPANY

EXISTING/DEMOLITION KEYNOTES
EXISTING 27" SEWER MAIN LINE TO
PROTECT IN PLACE 1
2 EXISTING SEWER LATERAL SERVICE TO
REMAIN
3 EXISTING 1" WATER LINE TO BE REPLACED
WITH A 4", C-900 PIPE
4 EXISTING 3" WATER LINE TO REMAIN
5 EXISTING 6" WATER LINE TO REMAIN
6 EXISTING IID DRAIN PIPE TO PROTECT IN
PLACE
7 EXISTING HIGH PRESSURIZED GAS LINE,

CONTRACTOR TO COORDINATE WITH GAS

COMPANY TO FIND THE PIPE
2 3
4 5
6 7
1 2
7 EXISTING HIGH PRESSURIZED

GAS LINE, CONTRACTOR

SHALL COORDINATE WITH

GAS AGENCY TO LOCATE THE

LINE PRIOR CONDUCTING

CONSTRUCTION ACTIVITIES
EXISTING 27" SEWER LINE,

INV ELEVATION TO BE

VERIFIED BY CONTRACTOR
INV +-95.60
INV +- 88.73
8 EXISTING GAS LINE
8 05
INV +- 94.25
8" CLASS II BASE COMPACTED
TO 95% RELATIVE DENSITY
OVER 12" SCARIFIED AND

RECOMPACTED NATIVE
COMPACTED TO 90% RELATIVE
DENSITY.

City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243

SUBMITTED
ACTION ITEM (ID # 2025-226)
Item: 20.

Meeting: 8/19/2025 3:30 PM
Department: City Clerk
Category: Action Item
Prepared by: Norma Wyles, City Clerk
Department Head: Sonia Carter
DOC ID: 2025-226
Discussion and any necessary action regarding the appointments to the Library and Community Services Board to fill three (3) scheduled vacancies.

CITY MANAGER'S RECOMMENDATION:

Mayor's Recommendation: Approve three (3) appointments to the Library and Community Services Board with new terms ending June 30, 2028.

FISCAL IMPACT:

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKS, INSURANCE, ETC.:

BACKGROUND:

DISCUSSION:

CONCLUSION:

ATTACHMENTS:

1. Memo - Library & Community Services Board 8-19-2025

2. Betty Tucker

3. Adrianne Lawson

4. Matthew Cowie

5. Carmela Ruiz

M E M O R A N D U M
TO: Sonia Carter, Mayor & City Council
FROM: Norma Wyles, City Clerk
RE: Library and Community Services Board Vacancies

DATE: August 19, 2025
LIBRARY AND COMMUNITY SERVICES BOARD:

There are three (3) scheduled voting member vacancies with new terms ending June 30, 2028.

The following individuals would like to be considered for re-appointment:

Voting Member Re-appointment:
1) Betty Tucker
2) Adrianne Lawson
3) Matthew Cowie
The following individual would like to be considered for appointment:
a) Carmela Ruiz

City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243

SUBMITTED
ACTION ITEM (ID # 2025-227)
Item: 21.

Meeting: 8/19/2025 3:30 PM
Department: City Clerk
Category: Action Item
Prepared by: Norma Wyles, City Clerk
Department Head: Sonia Carter
DOC ID: 2025-227
Discussion and any necessary action regarding the appointment to the Imperial Valley Housing Authority Board to fill one (1) scheduled vacancy.

CITY MANAGER'S RECOMMENDATION:

Mayor's Recommendation: Approve one (1) appointment to the Imperial Valley Housing Authority Board with term ending July 1, 2029.

FISCAL IMPACT:

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKS, INSURANCE, ETC.:

BACKGROUND:

DISCUSSION:

CONCLUSION:

ATTACHMENTS:

1. MEMO

2. Michael Minnix Application

3. Carmela Ruiz

M E M O R A N D U M
TO: Sonia Carter, Mayor & City Council
FROM: Norma Wyles, City Clerk
RE: Imperial Valley Housing Authority Board Vacancy

DATE: August 19, 2025
There is one (1) scheduled board member vacancy with new term ending July 1, 2029.

The following individual would like to be considered for re-appointment:
a) Michael Minnix
The following individual would like to be considered for appointment:
b) Carmela Ruiz

City Council of the City of El Centro
1275 W. Main Street
El Centro, CA 92243

SUBMITTED
ACTION ITEM (ID # 2025-207)
Item: 22.

Meeting: 8/19/2025 3:30 PM
Department: City Clerk
Category: Action Item
Prepared by: Norma Wyles, City Clerk
Department Head: Sonia Carter
DOC ID: 2025-207
Discussion and any necessary action regarding the appointment of a voting delegate and alternate(s) for the League of California Cities Annual Conference and Expo - October 8-10, 2025, Long Beach, CA.

CITY MANAGER'S RECOMMENDATION:

Mayor's Recommendation: Appointment of voting delegate and alternate(s) in order to vote at the Annual Business Meeting.

FISCAL IMPACT:

No fiscal impact to serve as a voting delegate and alternate.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTOR'S LICENSE, REFERENCE CHECKS, INSURANCE, ETC.:

N/A
BACKGROUND:

The League's 2025 Annual Conference is scheduled for October 8-10, 2025, in Long Beach, CA. An important part of the Annual Conference is the Annual Business Meeting (during General Assembly), scheduled for Thursday, October 9, 2025, at the Long Beach Convention Center. At this meeting, the League membership considers and takes action on resolutions that establish League policy.

DISCUSSION:

CONCLUSION:

ATTACHMENTS:

1. Designation of Voting Delegate and Alternates