Agenda packet — El Centro City Council, January 20, 2026 (part 5 of 10)

City of El Centro Housing Rehabilitation Program Guidelines 34 ATTACHMENT A-1
Title 25 Section 6914 Gross Income Inclusions – For CalHome activities “Gross income” shall mean the anticipated income of a person or family for the twelve-month period following the date of determination of income.
“Income” shall consist of the following:
(a) Except as provided in subdivision (b), “Exclusions”, all payments from all sources received by the family head (even if temporarily absent) and each additional member of the family household who is not a minor shall be included in the annual income of a family. Income shall include, but not be limited to:
(1) The gross amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses;
(2) The net income from operation of a business or profession or from rental or real or personal property (for this purpose, expenditures for business expansion or amortization of capital indebtedness shall not be deducted to determine the net income from a business);
(3) Interest and dividends;
(4) The full amount of periodic payments received from social security, annuities, insurance policies, retirement funds, pensions, disability or death benefits and other similar types of periodic receipts;
(5) Payments in lieu of earnings, such as unemployment and disability compensation, worker’s compensation and severance pay;
(6) Public Assistance. If the public assistance payment includes any amount specifically designated for shelter and utilities which is subject to adjustment by the public assistance agency in accordance with the actual cost of shelter and utilities, the amount of public assistance income to be included as income shall consist of:
(A) The amount of the allowance or grant exclusive of the amount specifically designated for shelter and utilities, plus
(B) The maximum amount which the public assistance agency could in fact allow for the family for shelter and utilities,
(7) Periodic and determinable allowances such as alimony and child support payments, and regular contributions or gifts from persons not residing in the dwelling; All regular pay, special pay and allowances of a member of the Armed Forces (whether or not living in the dwelling) who is head of the family or spouse.

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City of El Centro Housing Rehabilitation Program Guidelines 35 ATTACHMENT B
Asset Inclusions and Exclusions
24 CFR Part 5 Asset Inclusions and Exclusions
ASSET INCLUSIONS (section 5.603):

5.603 Definitions:

Net family assets.
(1) Net family assets are the net cash value of all assets owned by the family, after deducting reasonable costs that would be incurred in disposing real property, savings, stocks, bonds, and other forms of capital investment.
(2) In determining net family assets, PHAs or owners, as applicable, must include the value of any business or family assets disposed of by an applicant or tenant for less than fair market value (including a disposition in trust, but not in a foreclosure or bankruptcy sale) during the two years preceding the date of application for the program or reexamination, as applicable, in excess of the consideration received therefor. In the case of a disposition as part of a separation or divorce settlement, the disposition will not be considered to be for less than fair market value if the applicant or tenant receives consideration not measurable in dollar terms.

Negative equity in real property or other investments does not prohibit the owner from selling the property or other investments, so negative equity alone would not justify excluding the property or other investments from family assets. sition will not be considered to be for less than fair market value if the applicant or tenant receives consideration not measurable in dollar terms. Negative equity in real property or other investments does not prohibit the owner from selling the property or other investments, so negative equity alone would not justify excluding the property or other investments from family assets.
ition will not be considered to be for less than fair market value if the applicant or tenant receives consideration not measurable in dollar terms. Negative equity in real property or other investments does not prohibit the owner from selling the property or other investments, so negative equity alone would not justify excluding the property or other investments from family assets.
[88 FR 9656, Feb. 14, 2023; 88 FR 12560, Feb. 28, 2023] ASSET EXCLUSIONS:

From 24 CFR Section 5.603 (continued):
(3) Excluded from the calculation of net family assets are:
(i) The value of necessary items of personal property;

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City of El Centro Housing Rehabilitation Program Guidelines 36 (ii) The combined value of all non-necessary items of personal property if the combined total value does not exceed $50,000 (which amount will be adjusted by HUD in accordance with the Consumer Price Index for Urban Wage Earners and Clerical Workers);
(iii) The value of any account under a retirement plan recognized as such by the Internal Revenue Service, including individual retirement arrangements (IRAs), employer retirement plans, and retirement plans for self-employed individuals; (iv) The value of real property that the family does not have the effective legal authority to sell in the jurisdiction in which the property is located; (v) Any amounts recovered in any civil action or settlement based on a claim of malpractice, negligence, or other breach of duty owed to a family member arising out of law, that resulted in a family member being a person with a disability; (vi) The value of any Coverdell education savings account under section 530 of the Internal Revenue Code of 1986, the value of any qualified tuition program under section 529 of such Code, the value of any Achieving a Better Life Experience (ABLE) account authorized under Section 529A of such Code, and the value of any “baby bond” account created, authorized, or funded by Federal, State, or local government. (vii) Interests in Indian trust land;
(viii) Equity in a manufactured home where the family receives assistance under 24 CFR part 982;
(ix) Equity in property under the Homeownership Option for which a family receives assistance under 24 CFR part 982;
(x) Family Self-Sufficiency Accounts; and
(xi) Federal tax refunds or refundable tax credits for a period of 12 months after receipt by the family.
(4) In cases where a trust fund has been established and the trust is not revocable by, or under the control of, any member of the family or household, the trust fund is not a family asset and the value of the trust is not included in the calculation of net family assets, so long as the fund continues to be held in a trust that is not revocable by, or under the control of, any member of the family or household.
(5) .
[88 FR 9656, Feb. 14, 2023; 88 FR 12560, Feb. 28, 2023]

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City of El Centro Housing Rehabilitation Program Guidelines 37 ATTACHMENT B-1
Title 25 Section 6914 Gross Income Inclusions – For CalHome activities (b) The following items shall not be considered as income:
(1) Casual, sporadic or irregular gift items;
(2) Amounts which are specifically for or in reimbursement of the cost of medical expenses;
(3) Lump-sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker’s compensation), capital gains and settlement for personal or property losses; (4) Amounts of educational scholarships paid directly to the student or to the educational institution, and amounts paid by the government to a veteran for use in meeting the costs of tuition, fees, books and equipment. Any amounts of such scholarships, or payments to veterans not used for the above purposes of which are available for a subsistence are to be included in income;
(5) The special pay to a serviceman head of a family away from home and exposed to hostile fire;
(6) Relocation payments made pursuant to federal, state, or local relocation law; (7) Foster childcare payments;
(8) The value of coupon allotments for the purchase of food pursuant to the Food Stamp Act of 1964 which is an excess of the amount actually charged the eligible household; (9) Payments received pursuant to participation of the following volunteer programs under the ACTION Agency:
(A)National Volunteer Antipoverty Programs which include VISTA, Service Learning Programs and Special Volunteer Programs.
(B) National Older American Volunteer Program for persons aged 60 and over which include Retired Senior Volunteer Programs, Foster Grandparent Program, older American Community Services Program, and National Volunteer Program to Assist Small Business Experience, Service Corps of Retired Executive (SCORE) and Active Corps of Executives (ACE).

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City of El Centro Housing Rehabilitation Program Guidelines 38 ATTACHMENT C

MAXIMUM AFTER-REHABILITATION VALUES FOR IMPERIAL COUNTY (HOME Homeownership Value Limits as of )
COUNTY NAME One-Family
IMPERIAL $XXX,XXX
[Note from HOME to remove: if you have exception limits approved by HOME, modify this table as needed and indicate from/through date of the exception]

HOME MAXIMUM PER-UNIT SUBSIDY LIMITS FOR STATE OF CALIFORNIA (Limits are effective )
O-BDR 1-BDR 2-BDR 3-BDR 4-BDR
$ $ $ $ $
HOUSEHOLD INCOME LIMITS FOR IMPERIAL COUNTY*
(Limits are effective )
Number of Persons in Household
1 2 3 4 5 6 7 8
80% of
AMI
$ $ $ $ $ $ $ $
HCD 20XX INCOME LIMITS FOR CALHOME

ADJUSTED FOR FAMILY SIZE FOR XXX COUNTY
Income
Level
Household Size
1 2 3 4 5 6 7 8
80% $ $ $ $ $ $ $ $
Sponsor will insert the limits for the county in which the Program is located, and will update the income limits annually as HCD provides new information. The link to the official, HCDmaintained Value, Subsidy, and Income limits is: State and Federal Income, Rent, and Loan/Value Limits | California Department of Housing and Community Development for HOME and CDBG limits, choose “CDBG, HOME, and NHTF/HHC Article I - Income, Value, Subsidy, and Rent Limits”; for CalHome income limits, choose “Official State Income Limits”).

SPONSOR STANDARDS FOR BEDROOM AND BATHROOM ADDITIONS TO

ALLEVIATE OVERCROWDING
Maximum No.
of Persons in
the Household
Number of
Bedrooms
Number of
Bathrooms
1 SRO 1
1 0-BR 1
2 1-BR 1
4 2-BR 2
6 3-BR 2
8 4-BR 3

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City of El Centro Housing Rehabilitation Program Guidelines 39 10 5-BR 3
12 6-BR 4
• Opposite sex children under 6 years of age may share a bedroom, up to 2 children per bedroom.
• Opposite-sex children 6 years of age and older may have their own bedroom. • Children shall be permitted a separate bedroom from their parents. • Same-sex children of any age may share a bedroom, up to 2 children per bedroom. • Adults not in a partner relationship may have their own bedroom. • 4 or more people – a second bathroom may be added.
• 8 or more people – a third bathroom may be added.
• Same rules apply to mobile home units.

The chart above is used as a guide to overcrowding.

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City of El Centro Housing Rehabilitation Program Guidelines 40 ATTACHMENT D

HOUSING REHABILITATION MARKETING PLAN

SUMMARY
The Sponsor will continue its efforts to market the Housing Rehabilitation Program in a manner that will reach all community members.

All marketing related to the Housing Rehabilitation Program is publicized in both English and Spanish. All marketing materials include information identifying the Sponsor’s commitment to fair housing laws and affirmative marketing policy, and are widely distributed. Equal opportunity is emphasized in written materials and oral presentations. A record is maintained by the Sponsor identifying what marketing materials are used, and when and where they are distributed.

Forms of marketing may include fliers, brochures, newspaper ads, articles and public service announcements. Fliers and brochures are distributed at local government buildings, other public buildings and through the mail, as well as to businesses that assist those not likely to apply without special outreach. Advertisements and articles are published in newspapers that are widely circulated within the community.

Established working relationships with local lending agencies also aid in informing the public by facilitating the distribution of informational fliers to households seeking financial assistance for repairs that are unable to obtain conventional financing.

Informational meetings are offered to potential participants to explain Program requirements.

Often, minimal formal outreach efforts are required as the need for assistance generally exceeds funds available. However, marketing measures are actively performed in order to maintain a healthy interest list.

Characteristics on all applicants and participants are collected and compared with the Sponsor’s demographics. Should the Sponsor find that there are underserved segments of the population, a plan to better serve them will be developed and implemented.

MARKETING FORMS
Fliers
Brochures
Newspaper Ads and Articles
Public Service Announcements
Public Informational Meetings

MARKETING VENUES
Local Government Buildings
Local Public Services Buildings
Private Businesses
Lending Agencies
Real Estate Offices

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City of El Centro Housing Rehabilitation Program Guidelines 41 Newspaper
Radio
Mail

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City of El Centro Housing Rehabilitation Program Guidelines 42 ATTACHMENT E

RESIDENTIAL ANTI-DISPLACEMENT AND TEMPORARY RELOCATION
PLAN
Version 2
The Housing and Community Development Act of 1974, as amended, and the National Affordable Housing Act of 1990, require all grantees of Community Development Block Grant (CDBG) funds or Home Investment Partnership (HOME) funds to follow a written Residential Anti-displacement and Relocation Assistance Plan (Plan) for any activities which could lead to displacement of occupants whose property is receiving funds from these or other federal funding sources. Having been developed in response to both aforesaid federal legislations, this Plan is intended to inform the public of the compliance of the City of El Centro (Sponsor) with the requirements of federal regulations 24 CFR section 570.606 under state recipient requirements and Section 104(d) of the Housing and Community Development Act of 1974 and 24 CFR 92 of the HOME federal regulations. The Plan will outline reasonable steps, which the Sponsor will take to minimize displacement and ensure compliance with all applicable federal and state relocation requirements. The Sponsor’s governing body has adopted this plan via a formal resolution.

This Plan will affect rehabilitation activities funded by the U.S. Department of Housing and Urban Development (HUD) under the following program titles: HOME, CDBG, Urban Development Action Grant (UDAG), Special Purpose Grants, Section 108 Loan Guarantee Program, and such other grants as HUD may designate as applicable, which take place within the Sponsor’s jurisdiction limits.

The Sponsor will provide permanent relocation benefits to all eligible “displaced” households either owner-occupied or renter-occupied units which are permanently displaced by the housing rehabilitation program (See Section E below.). In addition, the Sponsor will replace all eligible occupied and vacant occupiable low-income group dwelling units demolished or converted to use other than low-income group housing as a direct result of rehabilitation activities. This applies to all units assisted with funds provided under the Housing and Community Development Act of 1974, as amended, and as described in the Federal Regulations 24 CFR section 570.496(a), Relocation, Displacement and Acquisition:

Final Rule dated July 18, 1990 (Section 104(d)) and 49 CFR Part 24, Uniform Relocation Assistance (URA) and Real Property Acquisition Regulations Final Rule and Notice (URA) dated March 2, 1989.

All Sponsor programs/projects will be implemented in ways consistent with the Sponsor’s commitment to Fair Housing. Participants will not be discriminated against on the basis of race, color, religion, age, ancestry, national origin, sex, familial status, or handicap. The Sponsor will provide equal relocation assistance available 1) to each targeted income group household displaced by the demolition or rehabilitation of housing or by the conversion of a targeted income group dwelling to another use as a direct result of assisted activities; and 2) to each separate class of targeted income group persons temporarily relocated as a direct result of activities funded by HUD programs.

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City of El Centro Housing Rehabilitation Program Guidelines 43 A. Minimizing Permanent Displacement and Temporary Relocation Resulting from Housing Rehabilitation or Reconstruction Activities
Consistent with the goals and objectives of activities assisted under the Act, the Sponsor will take the following steps to minimize the displacement of persons from their homes during housing rehabilitation or reconstruction funded by HUD programs:

1. Provide proper notices with counseling and referral services to all tenants so that they understand their relocation rights and receive the proper benefits. When necessary, assist permanently displaced persons to find alternate housing in the neighborhood.

2. Stage rehabilitation of assisted households to allow owner-occupants and/or tenants to remain during minor rehabilitation.

3. Encourage owner investors to temporarily relocate tenants to other available safe and sanitary vacant units on the project site area during the course of rehabilitation or pay expenses on behalf of replaced tenants.

4. Work with area landlords, real estate brokers, and/or hotel/motel managements to locate vacancies for households facing temporary relocation.

5. When necessary, use public funds, such as CDBG funds, to pay moving costs and provide relocation/displacement payments to households permanently displaced by assisted activities.

B. Lead Based Paint Mitigation Which Causes Temporary Relocation:

On September 15, 2000, the Final Rule for Lead Based Paint Hazard Control went into effect. Among other things, it requires that federally-funded rehabilitation must use safe work practices so that occupants and workers can be protected from lead hazards. At no time should the tenant-occupant(s) be present in work areas or designated adjacent areas while LHC activities are taking place in any dwelling unit interior, common area, or exterior. As such, occupants may not be allowed to remain in their units during the time that lead-based paint hazards are being created or treated. Once work that causes lead hazards has been completed, and the unit passes clearance, the occupants can return.

The tenant-occupants may not reoccupy a work area or adjacent area until postlead hazard reduction clearance standards have been achieved and verified with laboratory results. The final rule allows for certain exceptions: programs:

1. The work will not disturb lead-based paint, or create dust-lead or soil-lead hazard; or

2. The work is on exterior only and openings are sealed to prevent dust from entering the home, the work area is cleaned after the work is completed, and the residents have alternative lead free entry; or

3. The interior work will be completed in one period of less than 8-daytime hours and the work site is contained to prevent the release of dust into other areas of the home; or

4. The interior work will be completed within five (5) calendar days, the work site is

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City of El Centro Housing Rehabilitation Program Guidelines 44 contained to prevent the release of dust, the worksite and areas within 10 feet of the worksite are cleaned at the end of each day to remove any visible dust and debris, and the residents have safe access to kitchen and bath and bedrooms.

If temporary relocation benefits are not provided because the Sponsor believes that the project meets one of the above criteria, then proper documentation must be provided in the rehabilitation project file to show compliance. It is up to the Sponsor to ensure that the owner occupant or tenant in the project does not get impacted by lead paint mitigation efforts. In most cases where lead paint mitigation is taking place, occupants (tenants or owners) will be strongly encouraged to relocate even for just a few days until a final lead clearance can be issued by a certified lead-based paint assessor. Occupants who are temporarily relocated because of lead based paint mitigation are entitled to the same relocation benefits as those who are relocated because of substantial rehabilitation or reconstruction activities.
se of substantial rehabilitation or reconstruction activities.

C. Temporary Relocation of Owner Occupants:

Owner occupants are not allowed to stay in units which are hazardous environments during lead-based paint mitigation. When their home is having lead based paint mitigation work done which will not make it safe to live in, then they are eligible for temporary relocation benefits up to $3,000, which will be provided as a grant. In the same way, a unit requiring substantial rehabilitation (with or without lead based paint mitigation) which will not allow the family to access a bath or kitchen facility, or if the unit is being demolished and reconstructed, then the family will be eligible for temporary relocation benefits up to $3,000, which will be provided as a grant. In no case shall the grant for temporary relocation exceed $3,000 for any one owner occupant.

Owner occupants will be encouraged to move in with family or friends during the course of rehabilitation, since they are voluntarily participating in the Program. The housing rehabilitation loan specialist and/or the rehabilitation construction specialist will complete a temporary relocation benefits form (See Appendix C) to document that the owner occupant understands that they must relocate during the course of construction and what benefits they wish to be reimbursed for as part of their relocation.

D. Temporary Relocation of Residential Tenants:

If continued occupancy during rehabilitation is judged to constitute a substantial danger to health and safety of the tenant or the public, or is otherwise undesirable because of the nature of the project, the tenant may be required to relocate temporarily. The contract administrator or rehabilitation specialist will make determination of the need for temporary relocation. The temporary relocation period will not exceed 180 days. All conditions of temporary relocation will be reasonable. Any tenant required to relocate temporarily will be helped to find another place to live which is safe, sanitary and of comparable value and they have the first right to move back into the original unit being rehabilitated at the same rent or lower. He or she may move in with family and friends and still receive full or partial temporary assistance based on eligible cost incurred. The housing rehabilitation loan specialist and/or the rehabilitation specialist will ensure that each tenant-occupied unit under the Program will receive a General Information Notice (GIN) (as soon as possible after a loan application is received) and the tenant will receive

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City of El Centro Housing Rehabilitation Program Guidelines 45 a Notice of Non-displacement (after loan approval), and each tenant-occupied unit will have a temporary relocation benefits form completed for them. (See Appendix C).

These notices will document that each tenant understands what their relocation rights are, and if they must relocate during the course of construction, that they receive the proper counseling and temporary relocation benefits.

A tenant receiving temporary relocation shall receive the following:

1. Increased housing costs (e.g. rent increase, security deposits) and

2. Payment for moving and related expenses, as follows:
a. Transportation of the displaced persons and personal property within 50 miles, unless the grantee determines that farther relocation is justified; b. Packing, crating, unpacking, and uncrating of personal property; c. Storage of personal property, not to exceed 12 months, unless the grantee determines that a longer period is necessary;
d. Disconnection, dismantling, removing, reassembling, and reinstalling relocated household appliances and other personal property;
e. Insurance for the replacement value of personal property in connection with the move and necessary storage;
f. The replacement value of property lost, stolen or damaged in the process of moving (not through the fault of the displaced person, his or her agent, or employee) where insurance covering such loss, theft or damage is not reasonably available;
g. Reasonable and necessary costs of security deposits required to rent the replacement dwelling;
h. Any costs of credit checks required to rent the replacement dwelling; i. Other moving related expenses as the grantee determine to be reasonable and necessary, except the following ineligible expenses:
1) Interest on a loan to cover moving expenses; or
2) Personal injury; or
3) Any legal fee or other cost for preparing a claim for a relocation payment or for representing the claimant before the Grantee; or 4) Costs for storage of personal property on real property already owned or leased by the displaced person before the initiation of negotiations.

E. Rehabilitation Activities Requiring Permanent Displacement The Sponsor’s rehabilitation program will not typically trigger permanent displacement and permanent displacement activities fall outside of the scope of this plan. If a case of

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City of El Centro Housing Rehabilitation Program Guidelines 46 permanent displacement is encountered, then the staff responsible for the rehabilitation program will consult with Sponsor’s legal counsel to decide if they have the capacity to conduct the permanent displacement activity. If local staff does not have the capacity, then a professional relocation consultants will be hired to do the counseling and benefit determination and implementation. If local staff does wish to do the permanent displacement activity, then they will consult and follow the HUD Relocation Handbook 1378.
professional relocation consultants will be hired to do the counseling and benefit determination and implementation. If local staff does wish to do the permanent displacement activity, then they will consult and follow the HUD Relocation Handbook 1378.
counseling and benefit determination and implementation. If local staff does wish to do the permanent displacement activity, then they will consult and follow the HUD Relocation Handbook 1378.

F. Rehabilitation Which Triggers Replacement Housing
If the Sponsor’s rehabilitation program assists a property where one or more units are eliminated then under Section 104 (d) of the Housing and Community Act of 1974, as amended applies and the Sponsor is required to replace those lost units. An example of this would be a duplex unit which is converted into a single-family unit. In all cases where rehabilitation activities will reduce the number of housing units in the jurisdiction, then the Sponsor must document that any lost units are replaced and any occupants of reduced units are given permanent relocation benefits. (This does not apply to reconstruction or replacement housing done under a rehabilitation program where the existing unit(s) is demolished and replaced with a structure equal in size without in loss number of units or bedrooms.)
Replacement housing will be provided within three years after the commencement of the demolition or conversion. Before entering into a contract committing the Sponsor to provide funds for an activity that will directly result in such demolition or conversion, the Sponsor will make this activity public (through a noticed public hearing and/or publication in a newspaper of general circulation) and submit to the California Department of Housing and Community Development or the appropriate federal authority the following information in writing:

1. A description of the proposed assisted activity;

2. The location on a map and the approximate number of dwelling units by size (number of bedrooms) that will be demolished or converted to use other than as targeted income group dwelling units as a direct result of the assisted activity;

3. A time schedule for the commencement and completion of the demolition or conversion;

4. The location on a map and the approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units;

5. The source of funding and a time schedule for the provision of the replacement

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City of El Centro Housing Rehabilitation Program Guidelines 47 dwelling units;

6. The basis for concluding that each replacement dwelling unit will remain a targeted income group dwelling unit for at least 10 years from the date of initial occupancy; and,

7. Information demonstrating that any proposed replacement of dwelling units with smaller dwelling units (e.g., a two-bedroom unit with two one-bedroom units) is consistent with the housing needs of targeted income group households in the jurisdiction.

The Program Operator for the Sponsor is responsible for tracking the replacement of housing and ensuring that it is provided within the required period. The Sponsor is responsible for ensuring requirements are met for notification and provision of relocation assistance, as described in Section 570.606, to any targeted income group displaced by the demolition of any dwelling unit or the conversion of a targeted income group dwelling unit to another use in connection with an assisted activity.

G. Record Keeping and Relocation Disclosures/Notifications The Sponsor will maintain records of occupants of federally funded rehabilitated, reconstructed or demolished property from the start to completion of the project to demonstrate compliance with section 104(d), URA and applicable program regulations.

Each rehabilitation project, which dictates temporary or permanent or replacement activities, will have a project description and documentation of assistance provided. (See sample forms in HUD Relocation Handbook 1378, Chapter 1, Appendix 11, form HUD40054) Appropriate advisory services will include reasonable advance written notice of (a) the date and approximate duration of the temporary relocation; (b) the address of the suitable, decent, safe, and sanitary dwelling to be made available for the temporary period; (c) the terms and conditions under which the tenant may lease and occupy a suitable, decent, safe, and sanitary dwelling.

Notices shall be written in plain, understandable primary language of the people involved.

Persons who are unable to read and understand the notice (e.g. illiterate, foreign language, or impaired vision or other disability) will be provided with appropriate translation/communication. Each notice will indicate the name and telephone number of a person who may be contacted for answers to questions or other needed help. The notices and process below are for only temporary relocation. If permanent relocation is involved then other sets of notice and noticing process and relocation benefits must be applied (See HUD relocation handbook 1378 for those forms and procedures) The Temporary Relocation Advisory Notices to be provided are as follows:
on is involved then other sets of notice and noticing process and relocation benefits must be applied (See HUD relocation handbook 1378 for those forms and procedures) The Temporary Relocation Advisory Notices to be provided are as follows:
n is involved then other sets of notice and noticing process and relocation benefits must be applied (See HUD relocation handbook 1378 for those forms and procedures) The Temporary Relocation Advisory Notices to be provided are as follows:

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City of El Centro Housing Rehabilitation Program Guidelines 48 1. General Information Notice: As soon as feasible when an owner investor is applying for Federal financing for rehabilitation, reconstruction, or demolition, the tenant of a housing unit will be mailed or hand delivered a General Information Notice that the project has been proposed and that the tenant will be able to occupy his or her present house upon completion of rehabilitation. The tenant will be informed that the rent after rehabilitation will not exceed current rent or 30 percent of his or her average monthly gross household income. The tenant will be informed that if he or she is required to move temporarily so that the rehabilitation can be completed, suitable housing will be made available and he or she will be reimbursed for all reasonable extra expenses. The tenant will be cautioned that he or she will not be provided with relocation assistance if he or she decides to move for personal reasons. See Appendix A for sample notice to be delivered personally or by certified mail.

2. Notice of Non-Displacement: As soon as feasible when the rehabilitation application has been approved, the tenant will be informed that they will not be permanently displaced and that they are eligible for temporary relocation benefits because of lead based paint mitigation or substantial rehabilitation, or reconstruction of their unit.

The tenant will also again be cautioned not to move for personal reasons during rehabilitation, or risk losing relocation assistance. See Appendix B for sample notice to be delivered personally or by certified mail.

3. y certified mail.

4. Disclosure to Occupants of Temporary Relocation Benefits: This form is completed to document that the Sponsor is following it’s adopted temporary relocation plan for owner occupants and tenants. See Appendix C for a copy of the disclosure form.

5. Other Relocation/Displacement Notices: The above three notices are required for temporary relocation. If the Sponsor is attempting to provide permanent displacement benefits, then there are a number of other forms which are required.

Staff will consult HUD’s Relocation Handbook 1378 and ensure that all the proper notices are provided for persons who are permanently displaced as a result of housing rehabilitation activities funded by CDBG or other federal programs.

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City of El Centro Housing Rehabilitation Program Guidelines 49 APPENDIX A
Dear ,
On (date) , (property owner) submitted an application to the for financial assistance to rehabilitate the building which you occupy at (address) .

This notice is to inform you that, if assistance is provided and the building is rehabilitated, you will not be displaced. Therefore, we urge you not to move anywhere at this time. (If you do elect to move for reasons of your choice, you will not be provided with relocation assistance.)
If the application is approved and Federal assistance is provided for the rehabilitation, you will be able to lease and occupy your present apartment (or another suitable, decent, safe and sanitary apartment in the same building) upon completion of the rehabilitation. Of course, you must comply with standard lease terms and conditions.

After the rehabilitation, your initial rent, including the estimated average monthly utility costs, will not exceed the greater of (a) your current rent/average utility costs, or (b) 30 percent of your gross household income. If you must move temporarily so that the rehabilitation can be completed, suitable housing will be made available to you for the temporary period, and you will be reimbursed for all reasonable extra expenses, including all moving costs and any increase in housing costs.

Again, we urge you not to move. If the project is approved, you can be sure that we will make every effort to accommodate your needs. Because Federal assistance would be involved, you would be protected by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.

This letter is important and should be retained. You will be contacted soon. In the meantime, if you have any questions about our plans, please contact (name) , (title) , at (telephone number),
(address) .

Sincerely,
(name)
(title)

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City of El Centro Housing Rehabilitation Program Guidelines 50 APPENDIX B
(date)
Dear :

On (date) , we notified you that the owner of your building had applied for assistance to make extensive repairs to the building. On (date) , the owner's request was approved, and the repairs will begin soon.

This is a notice of non-displacement. You will not be required to move permanently as a result of the rehabilitation. This notice guarantees you the following:

1. You will be able to lease and occupy your present apartment [or another suitable, decent, safe and sanitary apartment in the same building/complex] upon completion of the rehabilitation. Your monthly rent will remain until after construction is completed. If increased after construction is done, your new rent and estimated average utility costs will not exceed local fair market rents for your community. Of course, you must comply with all the other reasonable terms and conditions of your lease.

2. If you must move temporarily so that the repairs can be completed, you will be reimbursed for all of your extra expenses, including the cost of moving to and from the temporarily occupied unit and any additional housing costs. The temporary unit will be decent, safe and sanitary, and all other conditions of the temporary move will be reasonable.

Since you will have the opportunity to occupy a newly rehabilitated apartment, I urge you not to move. (If you do elect to move for your own reasons, you will not receive any relocation assistance.) We will make every effort to accommodate your needs. Because Federal assistance is involved, you are protected by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.

If you have any questions, please contact (name) , (title), at (phone #) , (address) . Remember; do not move before we have a chance to discuss your eligibility for assistance.

This letter is important to you and should be retained.

Sincerely,
(name and title)

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City of El Centro Housing Rehabilitation Program Guidelines 51 APPENDIX C

DISCLOSURE TO OCCUPANT OF TEMPORARY RELOCATION BENEFITS Top to be completed at time of loan application submittal or Home Visit Property Address:
__ Rental Unit __Owner-Occupied Unit
The Economic Development Specialist working on behalf of the City of El Centro has explained the temporary relocation services and benefits available under the current rehabilitation program relocation plan.

I/we have been advised that the City/ of El Centro Economic Development Specialist will inform me if I need to be temporarily relocated and will assist me with scheduling any necessary moves and answer any questions about assistance as needed.

Acknowledged:

Occupant Signature Date Occupant Signature Date
Complete this at time of acceptance of Work Write Up with initials by occupant The Economic Development Specialist for the City of El Centro has explained the Rehabilitation Scope of Work for our house and I/we agree that it will:
____ Not require I/we to be relocated. (If initialed then STOP here and sign bottom.) ____ Yes, I/we need to be temporarily relocated. (Complete rest of form if initialed.) Start date and duration of relocation:
____ Starting on or about we will move for all or part of the rehabilitation project.

Approximate length of temporary relocation: Number of days.

For temporary relocation, I/We elect to (check all that apply):
____ Relocate with friends and family.
____ Relocate into a suitable temporary housing unit identified by rehab specialist. ____ Relocate furnishings only into a temporary storage unit. ____ I/We have been told what our relocation benefits are and elect Not to be reimbursed for any eligible relocation expenses.
____ I/We have been told what our relocation benefits are and want to be reimbursed for:

By signing, occupant(s) acknowledge receipt of copy of this form:

Occupant Signature Date Occupant Signature Date

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City of El Centro Housing Rehabilitation Program Guidelines 52 ATTACHMENT F

LOAN SERVICING POLICIES AND PROCEDURES

FOR THE CITY OF EL CENTRO
The City of El Centro, hereafter called “Sponsor,” has adopted these policies and procedures in order to preserve its financial interest in properties, whose “Borrowers” have been assisted with public funds. The Sponsor will to the greatest extent possible follow these policies and procedures, but each loan will be evaluated and handled on a case-by-case basis. The Sponsor has formulated this document to comply with state and federal regulations regarding the use of these public funds and any property restrictions which are associated with them.

The policies and procedures are broken down into the follow areas: 1) making required monthly payments or voluntary payments on a loan’s principal and interest; 2) required payment of property taxes and insurance; 3) required Request for Notice of Default on all second mortgages; 4) loans with annual occupancy restrictions and certifications 5) required noticing and limitations on any changes in title or use of property; 6) required noticing and process for requesting a subordination during a refinance; 7) processing of foreclosure in case of default on the loan.

1. Loan Repayments:

The Sponsor will collect monthly payments from those borrowers who are obligated to do so under Notes which are amortized promissory notes. Late fees will be charged for payments received after the assigned monthly date.

For Notes which are deferred payment loans, the Sponsor must accept voluntary payments on the loan. Loan payments will be credited to principal. The Borrower may repay the loan balance at any time with no penalty.

2. Payment of Property Taxes and Insurance:

As part of keeping the loan from going into default, Borrower must maintain property insurance coverage naming the Sponsor as loss payee. Except for HOME-funded loans, if Borrower fails to maintain the necessary insurance, the Sponsor may take out force placed insurance to cover the property while the Borrower puts a new insurance policy in place. All costs for installing the necessary insurance will be added to the loan balance at time of installation of Borrower’s new insurance.

When a property is located in a 100-year floodplain, the Borrower will be required to carry the necessary flood insurance. A certificate of insurance for flood and for standard property insurance naming the City as a lender’s loss payee will be required at close of escrow. The Sponsor will verify the insurance on an annual basis.

Property taxes must be kept current during the term of the loan. If the Borrower fails to maintain payment of property taxes, then the Sponsor may pay the taxes current and add the

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City of El Centro Housing Rehabilitation Program Guidelines 53 balance of the tax payment plus any penalties to the balance of the loan (not permissible when funded with HOME). Wherever possible, the Sponsor encourages Borrower to have impound accounts set up with their first mortgagee wherein they pay their taxes and insurance as part of their monthly mortgage payment.

3. Required Request for Notice of Default:

When the Borrower’s loan is in second position behind an existing first mortgage, it is the Sponsor's policy to prepare and record a "Request for Notice of Default" for each senior lien in front of Sponsor’s loan. This document requires any senior lienholder listed in the notice to notify the Sponsor of initiation of a foreclosure action. The Sponsor will then have time to contact the Borrower and assist them in bringing the first loan current. The Sponsor can also monitor the foreclosure process and go through the necessary analysis to determine if the loan can be made whole or preserved. When the Sponsor is in a third position and receives notification of foreclosure from only one senior lienholder, it is in their best interest to contact any other senior lienholders regarding the status of their loans.

4. Annual Occupancy Restrictions and Certifications:

On owner-occupant loans the Sponsor may require that Borrowers submit utility bills and/or other documentation annually to prove occupancy during the term of the loan. For CDBG, some loans may have income and housing cost evaluations, which require a household to document that they are not able to make repayments, typically every five years. These loan terms are incorporated in the original note and deed of trust. On HOME-funded loans, annual occupancy verification will occur between February 1st and 15th of each year for the term of the loan.

5. Required Noticing and Restrictions on Any Changes of Title or Occupancy:

In all cases where there is a change in title or occupancy or use, the Borrower must notify the Sponsor in writing of any change. Sponsor and Borrower will work together to ensure the property is kept in compliance with the original Program terms and conditions such that it remains available as an affordable home for low-income families. These types of changes are typical when Borrowers do estate planning (adding a relative to title) or if a Borrower dies and property is transferred to heirs or when the property is sold or transferred as part of a business transaction. In some cases, the Borrower may move and turn the property into a rental unit without notifying the Sponsor. Changes in title or occupancy must be in keeping with the objective of benefit to low-income households (below 80 percent of AMI).

Change from owner-occupant to owner-occupant occurs at a sale. When a new owneroccupant is not low-income, the loan is not assumable and the loan balance is immediately due and payable. If the new owner-occupant qualifies as low-income, the purchaser may either pay the loan in full or assume all loan repayment obligations of the original owneroccupant, subject to the approval of the Sponsor’s Loan Committee (depends on the HCD program).

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City of El Centro Housing Rehabilitation Program Guidelines 54 If a transfer of the property occurs through inheritance, the heir (as owner-occupant) may be provided the opportunity to assume the loan at an interest rate based on household size and household income, provided the heir is income eligible. If the heir intends to occupy the property and is not low-income, the balance of the loan is due and payable. If the heir intends to act as an owner-investor, the balance of the loan may be converted to an owner/investor interest rate and loan term and a rent limitation agreement is signed and recorded on title. All such changes are subject to the review and approval of the Sponsor’s Loan Committee.

Change from owner-occupant to owner-investor occurs when an owner-occupant decides to move out and rent the assisted property, or if the property is sold to an investor. If the owner converts any assisted unit from owner-occupied to rental, the loan is due in full.

Conversion to use other than residential use is not allowable where the full use of the property is changed from residential to commercial or other. In some cases, Borrowers may request that the Sponsor allow for a partial conversion where some of the residence is used for a business but the household still resides in the property. Partial conversions can be allowed if it is reviewed and approved by any and all agencies required by local statute. If the use of the property is converted to a fully non-residential use, the loan balance is due and payable.

6. Requests for Subordinations:

When a Borrower wishes to refinance the property, they must request a subordination request to the Sponsor. The Sponsor will subordinate their loan only when there is no “cash out” as part of the refinance. Cash out means there are no additional charges on the transaction above loan and escrow closing fees. There can be no third-party debt payoffs or additional encumbrance on the property above traditional refinance transaction costs. Furthermore, the refinance should lower the housing cost of the household with a lower interest rate and the total indebtedness on the property should not exceed the current market value.

Upon receiving the proper documentation from the refinance lender, the request will be considered by the loan committee for review and approval. Upon approval, the escrow company will provide the proper subordination document for execution and recordation by the Sponsor.

7. Process for Loan Foreclosure:

Upon any condition of loan default: 1) non-payment; 2) lack of insurance or property tax payment; 3) change in title or use without approval; or 4) default on senior loans, the Sponsor will send out a letter to the Borrower notifying them of the default situation. If the default situation continues, the Sponsor may start a formal process of foreclosure.

When a senior lienholder starts a foreclosure process and the Sponsor is notified via a Request for Notice of Default, the Sponsor, who is the junior lienholder, may cancel the foreclosure proceedings by "reinstating" the senior lienholder. The reinstatement amount or payoff amount must be obtained by contacting the senior lienholder. This amount will

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City of El Centro Housing Rehabilitation Program Guidelines 55 include all delinquent payments, late charges and fees to date. Sponsor must confer with Borrower to determine if, upon paying the senior lienholder current, the Borrower can provide future payments. If this is the case, then the Sponsor may cure the foreclosure and add the costs to the balance of the loan with a Notice of Additional Advance on the existing note. HOME funds may not be used for this purpose, however.

If the Sponsor determines, based on information on the reinstatement amount and status of Borrower, that bringing the loan current will not preserve the loan, then staff must determine if it is cost effective to protect their position by paying off the senior lienholder in total and restructure the debt such that the unit is made affordable to the Borrower. If the Sponsor does not have sufficient funds to pay the senior lienholder in full, then they may choose to cure the senior lienholder and foreclose on the property themselves. As long as there is sufficient value in the property, the Sponsor can afford to pay for the foreclosure process and pay off the senior lienholder and retain some or all of their investment.

If the Sponsor decides to reinstate, the senior lienholder will accept the amount to reinstate the loan up until five (5) days prior to the set "foreclosure sale date." This "foreclosure sale date" usually occurs about four (4) to six (6) months from the date of recording of the "Notice of Default." If the Sponsor fails to reinstate the senior lienholder before five (5) days prior to the foreclosure sale date, the senior lienholder would then require a full pay off of the balance, plus costs, to cancel foreclosure. If the Sponsor determines the reinstatement and maintenance of the property not to be cost effective and allows the senior lienholder to complete foreclosure, the Sponsor's lien may be eliminated due to insufficient sales proceeds.

Sponsor as Senior Lienholder
When the Sponsor is first position as a senior lienholder, active collection efforts will begin on any loan that is 31 or more days in arrears. Attempts will be made to assist the homeowner in bringing and keeping the loan current. These attempts will be conveyed in an increasingly urgent manner until loan payments have reached 90 days in arrears, at which time the Sponsor may consider foreclosure. Sponsor’s staff will consider the following factors before initiating foreclosure:
1) Can the loan be cured and can the rates and terms be adjusted to allow for affordable payments such that foreclosure is not necessary?
2) Can the Borrower refinance with a private lender and pay off the Sponsor? 3) Can the Borrower sell the property and pay off the Sponsor? 4) Does the balance warrant foreclosure? (If the balance is under $5,000, the expense to foreclose may not be worth pursuing.)
5) Will the sales price of home "as is" cover the principal balance owing, necessary advances, (maintain hazard insurance, maintain or bring current delinquent property taxes, monthly yard maintenance, periodic inspections of property to prevent vandalism, etc.) foreclosure, and marketing costs?

Page 749 of 1747 ends

City of El Centro Housing Rehabilitation Program Guidelines 56 If the balance is substantial and all of the above factors have been considered, the Sponsor may opt to initiate foreclosure. The Borrower must receive, by certified mail, a thirty-day notification of foreclosure initiation. This notification must include the exact amount of funds to be remitted to the Sponsor to prevent foreclosure (such as funds to bring a delinquent BMIR current or pay off a DPL).

At the end of thirty days, the Sponsor should contact a reputable foreclosure service or local title company to prepare and record foreclosure documents and make all necessary notifications to the owner and junior lienholders. The service will advise the Sponsor of all required documentation to initiate foreclosure (Note and Deed of Trust usually) and funds required from the owner to cancel foreclosure proceedings. The service will keep the Sponsor informed of the progress of the foreclosure proceedings.

When the process is completed, and the property has "reverted to the beneficiary" at the foreclosure sale, the Sponsor could sell the home themselves under a homebuyer program or use it for an affordable rental property managed by a local housing authority or use it for transitional housing facility or other eligible use. The Sponsor could contract with a local real estate broker to list and sell the home and use those funds for Program income-eligible uses.

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City of El Centro Housing Rehabilitation Program Guidelines 57 ATTACHMENT G
CITY OF EL CENTRO RECIPIENT’S

FORECLOSURE POLICY
Sponsor As Junior Lienholder
It is the City of El Centro’s (Sponsor’s) policy to prepare and record a "Request for Notice" on all junior liens (any lien after the first position) placed on properties financed by a loan.

This document requires any senior lienholder to notify the Sponsor of initiation (recordation of a "Notice of Default") of a foreclosure only. This is to alert the junior lienholder that they are to monitor the foreclosure with the senior lienholder. When the Sponsor is in a third position and receives notification of foreclosure from only one senior lienholder, it would be in their best interest to contact both senior lienholders regarding the status of their loans.

The junior lienholder may cancel the foreclosure proceedings by "reinstating" the senior lienholder. The reinstatement amount must be obtained by contacting the senior lienholder.

This amount will include all delinquent payments, late charges, advances (hazard insurance premiums, property taxes, property protection costs, etc.), and foreclosure costs (fees for legal counsel, recordings, certified mail, etc.)
Once the Sponsor has the information on the reinstatement amount, staff must then determine if it is cost effective to protect their position by reinstating the senior lienholder, keeping them current by submitting a monthly payment thereafter, foreclosing on the property possibly resulting in owning the property at the end of foreclosure, protecting the property against vandalism, and paying marketing costs (readying the home for marketing, paying for yard maintenance, paying a real estate broker a sales commission).

Sponsor As Senior Lienholder
When the Sponsor is in a first position, or the senior lienholder, active collection efforts will begin on any loan that is 31 or more days in arrears. Attempts will be made to assist the homeowner in bringing and keeping the loan current. These attempts will be conveyed in an increasingly urgent manner until loan payments have reached 90 days in arrears, at which

Page 751 of 1747 ends

City of El Centro Housing Rehabilitation Program Guidelines 58 time the Sponsor may consider foreclosure. Sponsor staff will consider the following factors before initiating foreclosure:
- Can the loan be cured (brought current or paid off) by the owner without foreclosure?
- Can the owner refinance with a commercial lender and pay off the Sponsor? - Can the owner sell the property and pay off the Sponsor? - Does the balance warrant foreclosure? (If the balance is under $5,000, the expense to foreclose may not be worth pursuing.)
- Will the sales price of home "as is" cover the principal balance owing, necessary advances, (maintain hazard insurance, maintain or bring current delinquent property taxes, monthly yard maintenance, periodic inspections of property to prevent vandalism, etc.) foreclosure, and marketing costs? If the balance is substantial and all of the above factors have been considered, the Sponsor may opt to initiate foreclosure. The owner must receive, by certified mail, a thirty-day notification of foreclosure initiation. This notification must include the exact amount of funds to be remitted to the Sponsor to prevent foreclosure (such as, funds to bring a delinquent BMIR current or pay off a DPL).

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City of El Centro Housing Rehabilitation Program Guidelines 59 ATTACHMENT H

CITY OF EL CENTRO

COMMUNITY SERVICES DEPARTMENT

FIRST TIME HOME BUYER/OWNER OCCUPIED REHAB PROGRAM
Annual Certification of Residency
2025
«Borrower_Name»
«CoBorrower_Name»
«Street»
«City», «State» «Zip_Code»
Loan Number: «Account_No»
«M_2nd_Loan» «M_3rd_Loan»
Principal Loan Balance as of 1/1/2025:
$«Principal_Balance» «M_2nd_Balance»
«M_3rd_Balance»

One of the requirements of your loan with the City of El Centro is that you provide proof of residency on an annual basis. Please complete the following information, sign and return along with a copy of the items listed below in the enclosed self-addressed stamped envelope. If copies are needed of the documents requested, please stop by our office and we will gladly make the copies for you. If you have any questions and/or to report any changes/transfers in ownership/residency, please do not hesitate to call us at (760) 337- 4543.

Please provide current copies of the following documents no later than April 7, 2025:

1. Imperial Irrigation District Electric Bill

2. City of El Centro Water Bill

3. Homeowners Insurance Policy

4. 2024-2025 property tax bill
Certification will be returned if all required documents are not attached. Failure to submit this information may result in the City of El Centro requesting the payoff of said loan(s).

Are your property taxes current? Yes___ No___
Names of all members of household as of the date of this verification and relationship to Homeowner.

1. ___________________________________ 6. _________________________________

2. ___________________________________ 7. _________________________________

3. ___________________________________ 8. _________________________________

4. ___________________________________ 9. _________________________________

5. ___________________________________ 10. _________________________________ As participant(s) in the City of El Centro’s Housing Programs, I/We certify that the person(s) listed above have resided at the above address since ______________________.

Have any improvements been made to the residence in excess of $5,000? Yes___ No___

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City of El Centro Housing Rehabilitation Program Guidelines 60 Please type or print Name of Participant(s)/Buyer(s) of Record:
__________________________________
__________________________________
Print First Name Print Last Name
__________________________________
__________________________________
Signature Date
__________________________________
__________________________________
Main Phone Number Additional Phone Number
__________________________________
Email

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City of El Centro Housing Rehabilitation Program Guidelines 61 CITY OF EL CENTRO

COMMUNITY SERVICES DEPARTMENT

FIRST TIME HOME BUYER/OWNER OCCUPIED REHAB PROGRAM
Annual Certification of Residency
2025
«Borrower_Name»
«CoBorrower_Name»
«Street»
«City», «State» «Zip_Code»
Número del Préstamo: «Account_No»
«M_2nd_Loan» «M_3rd_Loan»
Saldo del Préstamo a Partir del 1/1/2025:
$«Principal_Balance» «M_2nd_Balance»
«M_3rd_Balance»
Uno de los requisitos de su préstamo es proveer a la Ciudad del Centro verificación de residencia. Por favor complete la siguiente información, firme y regrese este documento con una copia de los artículos listados y regrese en el sobre que se encuentra adjunto. Si necesita copia de los documentos solicitados, por favor traiga a nuestra oficina los originales y con gusto le haremos una copia. Por favor informe cualquier cambio/transferencia de propiedad o residencia. Si tiene alguna pregunta, por favor comuníquese al (760) 337- 4543.

De los siguientes documentos, por favor proporcione los más recientes a más tardar el 7 de abril del 2025:

1. Factura de luz (Imperial Irrigation District)

2. Factura del agua (City of El Centro)

3. Póliza de seguro de su casa

4. Factura de impuestos sobre la propiedad de 2024-2025 La certificación se le regresará si no contiene todos los documentos requeridos. El hecho de no presentar esta información puede resultar en la Ciudad de El Centro solicitando el pago de dicho préstamo(s).
¿Están actualizados los impuestos sobre la propiedad? Si___ No___ Nombres de todos los miembros del hogar a partir de la fecha de esta verificación y relación con el propietario de la vivienda.

1. ___________________________________ 6. _________________________________

2. ___________________________________ 7. _________________________________

3. ___________________________________ 8. _________________________________

4. ___________________________________ 9. _________________________________

5. ___________________________________ 10. _________________________________ Como participantes en los programas de viviendas de la Ciudad de El Centro, Yo/Nosotros certifico/certificamos que la(s) persona(s) nombrada(s) en la parte superior han vivido en el domicilio arriba mencionado desde ___________________.
¿Se han hechos mejoramientos en su vivienda con un costo en exceso de $5,000? Si___ No___
Nombre del participante:

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City of El Centro Housing Rehabilitation Program Guidelines 62 __________________________________
__________________________________
Nombre Apellido
__________________________________
__________________________________
Firma Fecha
__________________________________
__________________________________
Número de teléfono principal Número de teléfono adicional __________________________________
Correo electrónico

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City of El Centro Housing Rehabilitation Program Guidelines 63 ATTACHMENT I

LEAD-BASED PAINT

VISUAL ASSESSMENT, NOTICE OF PRESUMPTION, AND HAZARD REDUCTION FORM Section 1: Background Information
Property Address: No LBP found or LBP exempt 
Select one: Visual Assessment  Presumption  Hazard Reduction  Section 2: Visual Assessment. Fill out Sections 1, 2, and 6. If paint stabilization is performed, also fill out Sections 4 and 5 after the work is completed.

Visual Assessment Date: Report Date:

Check if no deteriorated paint found 
Attachment A: Summary where deteriorated paint was found. For multi-family housing, list at least the housing unit numbers and common areas and building components (including type of room or space, and the material underneath the paint).

Section 3: Notice of Presumption. Fill out Sections 1, 3, 5, and 6. Provide to occupant w/in 15 days of presumption.

Date of Presumption Notice:

Lead-based paint is presumed to be present  and/or Lead-based paint hazards are presumed to be present 
Attachment B: Summary of Presumption: For multi-family housing, list at least the housing unit numbers and common areas, bare soil locations, dust-lead location, and or building components (including type of room or space, and the materials underneath the paint) of lead-based paint and/or hazards presumed to be present.

Section 4: Notice of Lead-Based Paint Hazard Reduction Activity. Fill out Sections 1, 4, 5, and 6.

Provide to occupant w/in 15 days after work completed.

Date of Hazard Reduction Notice:

Initial Hazard Reduction Notice? Yes  No  Start & Completion Dates:

If “No”, dates of previous Hazard Reduction Activity Notices:

Attachment C: Activity locations and types. For multi-family housing, list at least the housing unit numbers and common areas (for multifamily housing), bare soil locations, dust–lead locations, and/or building components (including type of room or space, and the material underneath the paint), and the types of lead-based paint hazard reduction activities performed at the location listed.

Attachment D: Location of building components with lead-based paint remaining in the rooms, spaces or areas where activities were conducted.

Attachment E: Attach clearance report(s), using DHS form 8552 (and 8551 for abatement activities) Section 5: Resident Receipt of Notice for Presumption or Lead-Based Paint Hazard Reduction Activity and Acknowledgement of Receipt of pamphlet Protection Your Family from Lead in Your Home.

Printed Name: Signature: Date:

Section 6: Contact Information Organization:

Contact Name: Contact Signature:

Date: Address: Phone:

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

SUBMITTED
ACTION ITEM (ID # 2025-153)
Item: 13.

Meeting: 1/20/2026 3:30 PM
Department: Community Services
Category: Action Item
Prepared by: Omar Negrete, Engineer
Department Head: Adriana Nava
DOC ID: 2025-153
Discussion and any necessary action regarding the approval of bid documents for the Veterans Wall Phase II Project.

CITY MANAGER'S RECOMMENDATION:

Approve Bid Documents for the Veterans Wall Phase 2 and authorize the Community Services Department to send project out to bid.

FISCAL IMPACT:

The estimated total cost for the Veterans Wall Phase II project is $690,000. Current available funding includes $525,000 in Park Impact Fees. Once a bid is awarded, City Council will identify and allocate the remaining funds necessary to fully fund the project.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Recreation & Lifelong Learning
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.:

The due diligence process will be completed after bid opening.

BACKGROUND:

This project represents the second phase of improvements to the Veterans Memorial located within Bucklin Park, including repairs and upgrades to the adjacent pond retaining wall. Bucklin Park, one of the City’s oldest and most heavily used parks, was originally constructed in the 1960s. In recent years, the Community Services Department has prioritized reinvestment in the park through a series of capital improvements funded.

The Veterans Memorial Wall was originally installed in 2016 and features engraved names honoring the service of local Veterans. The initial engraving wall buildout was completed in 2022, at which time the City began discussions regarding a future expansion; however, no funding was allocated at that time. In 2025, a funding source was identified and the City proceeded with design work for Phase II.

During design development, a portion of the pond retaining wall adjacent to the Veterans Memorial failed in June 2025. To address both needs comprehensively and efficiently, the project scope was expanded to include reconstruction of the retaining wall alongside the Veterans Memorial Wall expansion.

DISCUSSION:

Phase II of the Veterans Memorial Improvements Project focuses on preserving and enhancing the memorial area at Bucklin Park by addressing aging infrastructure and

Page 758 of 1747 ends

upgrading the surrounding site. The project includes the demolition and replacement of the failed retaining wall adjacent to the pond, which must be reconstructed to restore stability and proper function. Work also includes grading, new structural support and drainage improvements, as well as new hardscape, landscaping, site lighting, furnishings, and related electrical upgrades. These improvements collectively ensure the long-term safety, accessibility, and durability of the Veterans Memorial area.

CONCLUSION:

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

ATTACHMENTS:

1. City of El Centro Bucklin Park Imps_10 22 2025

2. Veteran's memorial Bid Document JAN 2026

Page 759 of 1747 ends

TITLE SHEET 1

VICINITY MAP AND

GENERAL NOTES
ITEM NO. ITEM SYMBOL

E EAST RD ROAD

W WATER

N NORTH

S SEWER

W/O WEST OF

SD STORM DRAIN

C OR CL L

CABLE TV

DRAIN (FIELD)

STREET R/W LINE

STREET C/L
EX. EDGE OF ASPHALT
EX. ASPHALT CONCRETE

EDGE OF DIRT

CONCRETE SECTION

ROAD STRIPING

CONTOURS - MAJOR

CONTOURS - MINOR

CONTROL
Asph. ASPHALT
CONC. CONCRETE
AGG.

APPROX.

EX. OR EXIST.

MAX
MIN
N.T.S.

THK.

TYP

E/O EAST OF

N/O NORTH OF

AGGREGATE

APPROXIMATE

CENTERLINE

EXISTING

MAXIMUM

MINIMUM

NOT TO SCALE

TYPICAL
THICK

CLR CLEARANCE

TOP OF PAVEMENT

STATION

RIGHT-OF-WAY

LINEAL FEET

FINISH SURFACE

FLOW LINE

ELEVATION

EDGE OF PAVEMENT
T.P.

STA.

R/W OR ROW
L.F.

F.S.

F.L.

EL. OR ELEV.

E.P.

B.M. BENCHMARK
PROP. PROPOSED

SPOT ELEVATION
3 4
1 2
5 7
9 10
11 12
13 14
15 16 BENCHMARK (SEE DESCRIPTION)
6 PROP. EDGE OF ASPHALT
8 PROP. ASPHALT CONCRETE
17 BORROW PIT ELEVATIONS
18 PROPOSED BORROW PIT
19 LIMIT OF RECONSTRUCTION

OHE OVER HEAD ELECTRIC

DIRECTION OF FLOW

I HEREBY DECLARE THAT I AM THE ENGINEER OF WORK FOR THE PROJECT, THAT I

HAVE EXERCISED RESPONSIBLE CHARGE OVER THE DESIGN OF THE PROJECT AS DEFINED IN SECTION 6703 OF THE BUSINESS AND PROFESSIONS CODE, AND THAT THE DESIGN IS CONSISTENT WITH CURRENT STANDARDS.

I UNDERSTAND THAT THE CHECK OF PROJECT DRAWINGS AND SPECIFICATIONS BY

THE CITY OF CENTRO IS CONFINED TO A REVIEW ONLY AND DOES NOT RELIEVE ME, AS ENGINEER OF WORK, OF MY RESPONSIBILITIES FOR THE PROJECT DESIGN.

CARLOS BELTRAN, P.E.

DYNAMIC CONSULTING ENGINEERS, INC
2415 IMPERIAL BUSINESS PARK DR. SUITE B
IMPERIAL, CA 92251
(760) 545-0162
DATE

BUCKLIN PARK IMPROVEMENTS

PUBLIC WORK DEPARTMENT PROJECT OWNER
2415 IMPERIAL BUSINESS PARK DR, SUITE B
TEL. (760) 545-0162

ENGINEER
IMPERIAL, CA 92251
DYNAMIC CONSULTING ENGINEERS, INC.

PHONE: 760-337-5182
EMAIL: [email protected]

PONDS RETAINING WALL REPLACEMENT AND SITE IMPROVEMENTS AT VETERANS MEMORIAL FAX. (760) 545-0163

ENERGY DEPARTMENT
333 E. BARIONI BLVD.

IMPERIAL, CA 92251
PHONE: 760-339-9280
FAX: 760-339-9471
EL CENTRO, CA 92243
1275 MAIN STREET

ENRIQUE CUEVAS
602 E. ROSS ROAD, SC8054
EL CENTRO, CA 92243-1515
PHONE: 760-370-5812
FAX: 760-352-5721
AT&T
CARLOS SOT0

CONSTRUCTION CONTRACTOR AGREES THAT IN ACCORDANCE WITH GENERALLY

ACCEPTED CONSTRUCTION PRACTICES, CONSTRUCTION CONTRACTOR WILL BE

REQUIRED TO ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE DURING

THE COURSE OF CONSTRUCTION OF THE PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY. THIS REQUIREMENT SHALL BE MADE TO APPLY

CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS, AND

CONSTRUCTION CONTRACTOR FURTHER AGREES TO DEFEND, INDEMNIFY AND HOLD

DESIGN PROFESSIONAL HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN

CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF DESIGN PROFESSIONAL.

THE EXISTENCE AND LOCATION OF ANY UNDERGROUND UTILITY PIPES, CONDUITS OR

STRUCTURES SHOWN ON THESE PLANS ARE OBTAINED BY A SEARCH OF THE AVAILABLE RECORDS. TO THE BEST OF OUR KNOWLEDGE THERE ARE NO EXISTING UTILITIES EXCEPT AS SHOWN ON THESE PLANS. THE CONTRACTOR IS REQUIRED TO

TAKE DUE PRECAUTIONARY MEASURES TO PROTECT THE UTILITY LINES SHOWN ON THESE DRAWINGS. THE CONTRACTOR FURTHER ASSUMES ALL LIABILITY AND

RESPONSIBILITY FOR THE UTILITY PIPES, CONDUITS OR STRUCTURES SHOWN OR NOT SHOWN ON THESE DRAWINGS.

NOTE:

ANY REFERENCES TO SPECIFIC MANUFACTURERS OR MODELS ARE FOR DESCRIPTIVE PURPOSES ONLY. CONTRACTORS ARE ALLOWED TO PROVIDE APPROVED EQUAL MATERIALS OR PRODUCTS SUBJECT TO ENGINEER'S APPROVAL.

ABRAHAM CAMPOS, PE
760-554-7214
EMAIL: [email protected]

EL CENTRO, CA
PHONE: 760-337-5182
EMAIL: [email protected]
EL CENTRO, CA 92243
1275 MAIN STREET

CITY OF EL CENTRO

PROJECT
SITE
OF
UNAUTHORIZED CHANGES AND USES :

BUCKLIN PARK IMPROVEMENTS

COMMUNITY SERVICES DIRECTOR
PHONE: 760-337-4543
EMAIL: [email protected]
EL CENTRO, CA 92243
1249 W. MAIN STREET
ADRIANA C. NAVA, AICP

Page 760 of 1747 ends

2 EXISTING SITE PLAN AND

DEMOLITION PLAN
OF
UNAUTHORIZED CHANGES AND USES :

BUCKLIN PARK IMPROVEMENTS

IN THE CITY OF EL CENTRO
4 CIVIL ENGINEERING - LAND SURVEYING - CONSTRUCTION MANAGEMENT 2415 IMPERIAL BUSINESS DR. STE B, IMPERIAL CA 92251
TEL. (760) 545-0162 FAX (760) 545-0163
www.dynamicconsultingengineers.com
CONSULTING DynamicENGINEERS
966 966.50
966.50 966
966 966
966
966
966
966
966
966.50
966 966
966
966
966 966
966
965
964
963
965965.50
964.50
WATER LEVEL:
962.12
(8/13/25)
WATER LEVEL:
962.12
(8/13/25)

REMOVE AND DISPOSE EXISTING REINFORCED MASONRY CONCRETE WALL AND EXISTING REINFORCED CONCRETE FOOTING.

REMOVE AND DISPOSE EXISTING CHAIN LINK FENCE INCLUDING CONCRETE FOOTINGS.

REMOVE EXISTING CONCRETE CURB.

REMOVE AND DISPOSE EXISTING REINFORCED CONCRETE SLAB AND REPLACE WITH NEW CONCRETE SLAB.

SALVAGE AND RELOCATE EXISTING CONCRETE BENCH AND TRASH
RECEPTACLE.

EXISTING PALM TREE TO BE REMOVED AND REPLANTED AT A DIFFERENT LOCATION SPECIFIED BY THE CITY OF EL CENTRO.
2 3
4 1
5 1
1 1 1 1
1 1
1 1
1 1

EXISTING CONCRETE

BLOCKS TO REMAIN

EXISTING CONCRETE

BLOCKS TO REMAIN

EXISTING CONCRETE

TO REMAIN

EXISTING CONCRETE

TO REMAIN

EXISTING CONCRETE

TO REMAIN

EXISTING CONCRETE

TO REMAIN

EXISTING SHADES
2 2 2 2
2 2
2 2
2 2
2 4
4 5
5 DEMOLITION NOTES:
6 6

EXISTING TREE

PROTECT IN PLACE

EXISTING TREE

PROTECT IN PLACE

EXISTING TREE

PROTECT IN PLACE

EXISTING TREE

PROTECT IN PLACE

EXISTING TREE

PROTECT IN PLACE

EXISTING BENCH

PROTECT IN PLACE

EXISTING BENCH

PROTECT IN PLACE

EXISTING TREE

PROTECT IN PLACE
3 EXISTING TREE

TO BE REMOVED

EXISTING TREE

TO BE REMOVED

EXISTING TREE

PROTECT IN PLACE

EXISTING TREE

PROTECT IN PLACE

EXISTING LIGHT

PROTECT IN PLACE

EXISTING LIGHT

PROTECT IN PLACE

Page 761 of 1747 ends

3 IMPROVEMENTS PLAN OF
UNAUTHORIZED CHANGES AND USES :

BUCKLIN PARK IMPROVEMENTS

IN THE CITY OF EL CENTRO
4 CIVIL ENGINEERING - LAND SURVEYING - CONSTRUCTION MANAGEMENT 2415 IMPERIAL BUSINESS DR. STE B, IMPERIAL CA 92251
TEL. (760) 545-0162 FAX (760) 545-0163
www.dynamicconsultingengineers.com
CONSULTING DynamicENGINEERS
966 966.50
966.50 966
966 966
966
966
966
966
966
966.50
966
966
966
966
966
965
964
963
965965.50
964.50
WATER LEVEL:
962.12
(8/13/25)
WATER LEVEL:
962.12
(8/13/25)

EXISTING CONCRETE

BLOCKS TO REMAIN

EXISTING CONCRETE

BLOCKS TO REMAIN

EXISTING CONCRETE

TO REMAIN

EXISTING CONCRETE

TO REMAIN

EXISTING CONCRETE

TO REMAIN

EXISTING CONCRETE

TO REMAIN

EXISTING SHADES
INSTALL 3-FT HEIGHT RETAINING BLOCK WALL WITH ALLAN BLOCK 12"D X 8"H X 16"W AB STONE BORREGO COLOR (12° SETBACK) OR APPROVED EQUAL. SEE DETAIL 1 ON SHEET 4.

CONTRACTOR TO SUBMIT SHOP DRAWING OF MATERIALS FOR CITY REVIEW AND

APPROVAL
INSTALL 3' - 8" HEIGHT RETAINING BLOCK WALL WITH ALLAN BLOCK 12"D X 8"H X 16"W AB STONE BORREGO COLOR (12° SETBACK) OR APPROVED EQUAL. SEE DETAIL 2 ON SHEET 4.

CONTRACTOR TO SUBMIT SHOP DRAWING OF MATERIALS FOR CITY REVIEW AND

APPROVAL
FURNISH AND INSTALL NEW 3-FT HEIGHT CHAIN LINK FENCE BLACK COATED. SEE DETAIL 1 ON SHEET 4. CONTRACTOR TO SUBMIT SHOP DRAWING OF MATERIALS

FOR CITY REVIEW AND APPROVAL
INSTALL NEW CONCRETE SLAB. SEE DETAILS 4 AND 6 ON SHEET 4 FURNISH AND INSTALL NEW 36 GAL. 36" HEIGHT HEAVY DUTY PRECAST CONCRETE TRASH RECEPTACLE. TAN COLOR/MATCH EXISTING. CONTRACTOR TO SUBMIT SHOP DRAWING FOR CITY REVIEW AND APPROVAL. SEE DETAIL 6.

FURNISH AND INSTALL 7 FT. PRECAST CONCRETE PARK BENCH. BELSON OUTDOOR PRODUCT MODEL TF5065 OR APPROVED EQUAL. TAN COLOR/MATCH EXISTING. CONTRACTOR TO SUBMIT SHOP DRAWING FOR CITY REVIEW AND APPROVAL. SEE DETAILS 5 AND 6 ON SHEET 4.

FURNISH AND INSTALL LED LIGHTED BOLLARD SEA SIDE IMPACT MODEL SSF-8S-SL OR APPROVED EQUAL. CONTRACTOR TO SUBMIT SHOP DRAWING FOR CITY REVIEW AND APPROVAL.

FURNISH AND INSTALL FLOOD LIGHT WITH SINGLE LED AREA LIGHT .

CONTRACTOR TO SUBMIT SHOP DRAWING FOR CITY REVIEW AND APPROVAL.

FLOOD LIGHTS TO FACE EXISTING MEMORIAL WALL. SEE DETAIL 7 ON SHEET 4.

INSTALL 6" CONCRETE CURB PER DETAIL 3, SEE SHEET 4.

FURNISH AND INSTALL 8" x 4" x 2" RECTANGLE RED/CHARCOAL CONCRETE PAVER OR APPROVED EQUAL. MATCH EXISTING PAVERS AND PATTERN. SEE DETAIL 3 ON SHEET 4.

FURNISH AND INSTALL 15 GAL. TREE
GRADE AREA TO NEW ELEVATIONS. REPLANT GRASS AND REPLACE/REINSTALL REMOVED DECOMPOSE GRANITE (DG). MATCH EXISTING DG COLOR. 2 3
4 1
CONSTRUCTION NOTES:
1 1
1 2
2 2
2 3
3 3
3 3
3 1 1
1 1
3 3
3 3

EXISTING TREE

PROTECT IN PLACE

EXISTING TREE

PROTECT IN PLACE

EXISTING TREE

PROTECT IN PLACE

EXISTING TREE

PROTECT IN PLACE

EXISTING TREE

PROTECT IN PLACE
4 4

EXISTING BENCH

PROTECT IN PLACE

EXISTING BENCH

PROTECT IN PLACE
TOC: (964.68)
TOP OF WALL EL. EX.: (966.14) NEW: 965.40
TOP OF WALL EL. EX.: (966.14) NEW: 965.40
TOP OF WALL EL.

EX.: (966.14)
NEW: 966.07
TOP OF WALL EL.

EX.: (966.14)
NEW: 965.40
TOP OF WALL EL.

EX.: (966.14)
NEW: 965.40
1 TOP OF WALL EL.

EX.: (966.14)
NEW: 965.40
TOP OF WALL EL.

EX.: (966.14)
NEW: 966.07 EX. WALL: EL. (966.14)
EX. WALL: EL. (966.14)
EX. WALL:

EL. (966.14)
EX. WALL: EL. (966.14)
EX. WALL: EL. (966.14)
966 966
966
966
966 966 966
966 6.67%

6.67%

6.67% 6.67% 6.67% 6.67%
5 6
7 8
9 10
11 12
12 12
12 12
12 12 12 12

EXISTING TREE

PROTECT IN PLACE

EXISTING TREE

PROTECT IN PLACE
4 EXISTING LIGHT

PROTECT IN PLACE

EXISTING LIGHT

PROTECT IN PLACE
5 6
7 7
7 7
11 11
11 11
11 11
11 7
7 7
7 8
4 6
5 4
5 6
9 9
9 9
9 9
9 9
9 9
10 10
10 10
10 10
10 10
8 ALLAN BLOCK RETAINING WALL BORREGO COLOR

Page 762 of 1747 ends

4 OF
UNAUTHORIZED CHANGES AND USES :

BUCKLIN PARK IMPROVEMENTS

DETAILS
EX. CONC. FOOTING
TOP EL. (962.40)

TO BE REMOVED
EX. WATER LEVEL
962.16 (8/13/2025)
EX. REINFORCED

MASONRY WALL
TOP EL. (±966.14)

TO BE REMOVED
BOTTOM OF CONC.

POND TO REMAIN
EX. CHAIN LINK FENCE,

POSTS AND FOUNDATION

TO BE REMOVED AND DISPOSED
BOTTOM OF CONC.

POND TO REMAIN
INSTALL SIKA GREENSTREAK 655 PVC

RETROFIT WATERSTOP SYSTEM PER

MANUFACTURER'S RECOMMENDATIONS
12°
12" SUBGRADE SCARIFIED AND
COMPACTED TO 90% MAX DRY
DENSITY PER ASTM 1557 AT MIN.
4% ABOVE OPTIMUM MOISTURE.
12" MIN CLASS 2 BASE
COMPACTED TO 95% OF MAX
DRY DENSITY PER ASTM 1557.

UNLESS OTHERWISE NOTED
EX. WATER LEVEL
962.16 (8/13/2025)
NEW CONC. FOOTING
EL. 962.40

TOP OF WALL
EL. 965.40
12" MIN WELL GRADED 3
4 " GRANULAR DRAINAGE ROCK
12" WITH LESS THAN 10% FINES.
30"
18"
36"
6"
2" DIAM. WEEP HOLES
SPACED 8' O.C.
6"x6" GALVANIZED STEEL WIRE
MESH, WWF 4 x 4 - w4 x w4

ANCHORED FIRMLY TO BACK OF

FACE OF WALL
NO. 5 VERTICAL BAR
SPACED 16" O.C.

NO. 5 HORIZONTAL REBAR
12" O.C. BOTH WAYS TOP AND

BOTTOM MAT
3" CLR
3" CLR
NEW 3' HIGH CHAIN LINK

FENCE BLACK COATED
12" DIAM. BY 18" IN DEPTH
CONCRETE FOOTING.
3,000 PSI.
36"
± 2.3 FT
1 3-FT HEIGHT RETAINING WALL DETAIL (12° SETBACK)

EXISTING RETAINING WALL TO BE DEMOLISHED
CONCRETE FOOTING 4,500 PSI,

TYPE V PORTLAND CEMENT
(0.45 WATER/CEMENT RATIO)
INSTALL 8" x 4" x 2" RECTANGLE

RED/CHARCOAL CONCRETE
PAVER OR APPROVED EQUAL.
(CONTRACTOR TO SUBMIT

SAMPLE TO CITY FOR

APPROVAL)
8" SUBGRADE SCARIFIED AND
COMPACTED TO 90% MAX DRY
DENSITY PER ASTM 1557 AT MIN.
4% ABOVE OPTIMUM MOISTURE.
6" MIN CLASS 2 BASE
COMPACTED TO 95% OF MAX
DRY DENSITY PER ASTM 1557.

UNLESS OTHERWISE NOTED
1" SAND LAYER

LEVELING COURSE
NO. 3 HORIZONTAL

REBAR TOP AND BOTTOM
WITH 3" CLEARANCE
NO. 3 HORIZONTAL

REBAR TOP AND BOTTOM
WITH 3" CLEARANCE

10.0'
6" 6"
18"
18"

9.0'
3 NEW PAVER WALKWAY DETAIL
6"
SCARIFY AND RECOMPACT 6" OF NATIVE
MATERIAL TO 90% RELATIVE DENSITY ASTM D1557
AT MIN. 4% TO 8% ABOVE OPTIMUM MOISTURE.
6" CLASS II BASE COMPACTED
TO 95% RELATIVE DENSITY
5"
INSTALL 5" OF 4,500 PSI

CONCRETE
4 CONCRETE SECTION AT BENCHES
NO. 3 HORIZONTAL REBAR
12" O.C. BOTH WAYS AT MIDDEPTH

SOLID GROUT
BOTTOM OF CONC.

POND TO REMAIN
INSTALL SIKA GREENSTREAK 655 PVC

RETROFIT WATERSTOP SYSTEM PER

UNLESS OTHERWISE NOTED
EX. WATER LEVEL
962.16 (8/13/2025)
NEW CONC. FOOTING
EL. 962.40
INSTALL ALLAN BLOCK 12"d x 8"h x 18"w
AB STONE (12° SETBACK) BORREGO COLOR
OR APPROVED EQUAL. CONTRACTOR TO

PROVIDE SAMPLE FOR CITY APPROVAL

INSTALL ALLAN

BLOCK CAPSTONE

BORREGO COLOR

TOP OF WALL
EL. 966.07
12" MIN WELL GRADED 3
4 " GRANULAR DRAINAGE ROCK
WITH LESS THAN 10% FINES.
12"
30"
18"
44"
6"
2" DIAM. WEEP HOLES
SPACED 8' O.C.
6"x6" GALVANIZED STEEL WIRE
MESH, WWF 4 x 4 - w4 x w4

ANCHORED FIRMLY TO BACK OF

FACE OF WALL
NO. 5 VERTICAL BAR
SPACED 16" O.C.

NO. 5 HORIZONTAL REBAR
12" O.C. BOTH WAYS TOP AND

BOTTOM MAT
3" CLR
3" CLR
12" DIAM. BY 18" IN DEPTH
CONCRETE FOOTING.
3,000 PSI.
36"

2.43'
CONCRETE FOOTING 4,500 PSI,

TYPE V PORTLAND CEMENT
(0.45 WATER/CEMENT RATIO)

SOLID GROUT
2 3' - 8" HEIGHT RETAINING WALL DETAIL (12° SETBACK)
6" CONCRETE CURB 4,500 PSI,

TYPE V PORTLAND CEMENT
(0.45 WATER/CEMENT RATIO)
6" CONCRETE CURB 4,500 PSI,

TYPE V PORTLAND CEMENT
(0.45 WATER/CEMENT RATIO)
NOTE:

RELOCATE/RAISE SPRINKLERS

WHERE REQUIRED OR IF DAMAGED
DURING CONSTRUCTION.
1% SLOPE
2" 2"

PRECAST CONCRETE PARK

BENCH, BENSON OUTSOOR
PRODUCTS MODEL TF5065 OR

APPROVED EQUAL
84"
67 3
4 " 24" 36"
5 PARK BENCH DETAIL

FLOOD LIGHT PER PLAN

ELECTRICAL CONDUIT
NOTE:

SIZE IS APPROXIMATE,

CONTRACTOR SHALL

ENSURE SIZE AND FIT
1 2
" ANCHOR BOLTS

CUSTOM HEAVY STEEL

WIRE MESH CAGE
(DESIGN BY

CONTRACTOR)

POWDER COATED
BLACK (12" X 12" X15"
1 2
" ANCHOR BOLTS
12" * 15"*
18'
3' 12' 3'

BENCH & TRASH RECEPTACLE
REGRADE AS NECESSARY SECTION PER DETAIL 5
2%
MAX
2%
MAX

WALKING PATH PER PLAN
NOTE:
-GRADE NODE TO DRAIN

4.5'
6 TYPICAL BENCH AND TRASH RECEPTACLE LAYOUT 7 FLOOD LIGHT PROTECTION R 1
2 " R 1
2 "
NEW 3' HIGH CHAIN LINK

FENCE BLACK COATED

ALLAN BLOCK RETAINING WALL BORREGO COLOR

ALLAN BLOCK RETAINING WALL BORREGO COLOR
INSTALL ALLAN BLOCK 12"d x 8"h x 18"w
AB STONE (12° SETBACK) BORREGO COLOR
OR APPROVED EQUAL. CONTRACTOR TO

PROVIDE SAMPLE FOR CITY APPROVAL

INSTALL ALLAN

BLOCK CAPSTONE

BORREGO COLOR

Page 763 of 1747 ends

City of El Centro
Veteran’s Memorial Phase 2
Project

PROJECT MANUAL
JANUARY 2026

Page 764 of 1747 ends

2 CITY OF EL CENTRO

STATE OF CALIFORNIA
VETERAN’S MEMORIAL PARK PHASE 2 PROJECT

TABLE OF CONTENTS
Title Section Page Number
Invitation for Bids 3-6
Required Documents 7
Proposal Requirements 8-13
Proposal Bid Form 14-17
Bid Bond 18
Proposal Agreement 19
Construction Services Agreement 20-29
Faithful Performance Bond 30
Labor and Materials Bond 31
Workers’ Compensation Insurance Certification 32
Drug and Alcohol Testing Requirements 33
Subcontractor’s Listing 34-35
Noncollusion Affidavit 36
Corporate Certification or Partnership Information 37
Contractor’s Certification of Qualification for License Classification 38 General Conditions 39-55
Supplementary General Conditions (State) 56-60
Technical Specifications 61-67
Special Provisions 68
State Labor Standards Provisions 69
Certification of Understanding and Authorization 70
Exhibit B 71-75
U.S. Department of Labor Payroll Forms Appendix A
State Prevailing Wages Appendix B
Plans Appendix C
Commented [ON1]: All these items are not in Buena vista Bid template
Should this remain?

Page 765 of 1747 ends

3 INVITATION FOR BIDS

1. GENERAL INFORMATION
The City of El Centro (“the City”) is inviting bids for the Veteran’s Memorial Park Phase 2 Project located at Bucklin’s Park, parcel number 053-515-003, El Centro, California.

2. SCOPE OF WORK
The work to be performed under this Contract consists of furnishing all labor, materials, equipment, and incidentals necessary to improve the existing Veterans Memorial Monument located at Bucklin Park, Parcel Number 052-515-003, for the City of El Centro, California, in accordance with the approved plans, specifications, and contract documents.

The project generally includes, but is not limited to, demolition of existing improvements; removal and replacement of existing retaining walls, including associated concrete footings; installation of concrete flatwork, curbs, and concrete pavers; installation of site amenities including benches and trash receptacles; electrical and lighting improvements; landscaping and irrigation adjustments; grading; and all related appurtenant work required to complete the project as shown on the plans and specifications.

The Contractor shall be responsible for coordinating all trades, sequencing the work, maintaining site safety, protecting existing improvements to remain, and restoring disturbed areas to a complete and finished condition.

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

4. PROPOSAL REQUIREMENTS
SEALED PROPOSALS will be accepted at the Office of the City Clerk, City Hall, 1275 Main Street, El Centro, California until 2:00 PM local time on March 3rd 2026, at which time all proposals will be publicly opened and read aloud.

Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, 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 to [email protected]. Any responses will be posted as an addenda to the bid documents.

No oral responses will be given.

Bid Solicitation Date 01/28/2026
Bid Opening Date 03/03/2026
Pre-Bid Meeting Date 02/10/2026
Q&A Due Date 02/20/2026
Estimated Award Date 03/24/2026
Commented [ON2]: How many days shall we input?
Commented [ON3]: Keeping same day, email?

Page 766 of 1747 ends

4 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’s Construction Manager at 10 a.m. on February 10th, 2025. The meeting will be held at the City’s Community Services Department Conference Room located at 1249 Main Street in El Centro. The object of the meeting is to acquaint bidders with the site conditions and mandatory bidding requirements
No bid will be received unless it is made on the prescribed bid form furnished by the city. Each bid must be accompanied by a guaranty of cash, certified check, cashier’s check or bid bond made payable to the City of El Centro for an amount equal to at least ten percent (10%) of the bid. Such guaranty will be forfeited should the bidder to whom the contract is awarded fail to enter the contract.

All guaranties are to be returned after the contract is awarded.

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

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

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

Commented [ON4]: What’s the date?
Commented [ON5]: Is B okay?

Page 767 of 1747 ends

5 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 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 ($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. Commented [ON6]: All this public code requirements remain the same?

Page 768 of 1747 ends

6 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.

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.

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

END OF INVITATIONS FOR BIDS

Page 769 of 1747 ends

7 REQUIRED DOCUMENTS
The following is a list of documents to be submitted as part of the bid packet. Proposals not containing the following documents could be considered incomplete and are subject to rejection. • Proposal/Bid Form
• Bid Bond
• Proposal Agreement
• Workers’ Compensation Certificate
• Drug/Alcohol Testing Requirements
• Noncollusion Affidavit
• Subcontractor’s Listing
• Corporate Certification Partnership Information

Commented [ON7]: All requirements remain the same?

Page 770 of 1747 ends

8 PROPOSAL REQUIREMENTS

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

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

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

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 Community Services 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 Community Services Director.

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

5. Bidder’s Guaranty: All bids shall be presented under sealed cover and shall be accompanied by cash, cashier's check, certified check, or bid bond made payable to the City of El Centro for an amount equal to at least ten percent (10%) of the amount of said bid, and no bid shall be considered unless such cash, cashier's check, certified check or bid bond is enclosed therewith.

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

Page 771 of 1747 ends

9 executed, after which they will be returned to the respective bidders whose bids they accompany.

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

5.3 Sureties: The successful bidder shall also promptly secure with a responsible corporate surety or corporate sureties satisfactory bonds conditioned upon faithful performance by the said bidder of all the requirements under the contract and upon the payment of claims of any material men and laborers thereunder.

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

7. Projects financed in whole or in part with State or Federal 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 Community Services 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 Community Services Director made under these provisions, the Community Services 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.

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

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

The 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.

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10 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.”

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

A. Solicitation Phase Protest. The purpose of the solicitation is to obtain competitive Bids from Bidders. Any Bidder who has submitted a bid and who believes that a free and open competition has not taken place or that a particular specification or requirement is impractical, unduly restrictive, or ambiguous may advise the City of its concerns by submitting a detailed Solicitation Protest Statement in accordance with the requirements set forth below in this Section A. The Protest does not replace the requirement to report irregularities in the bid documents. (1) Contents and Requirements
A solicitation protest must be submitted to the contact named in the bid documents by personal delivery or email by close of business at least fifteen (15) calendar days prior to the Bid due date, and must contain all of the following to be considered:
a) The name, address, and telephone number of the protestor; and

Page 773 of 1747 ends

11 b) The Project Name and Project Number; and
c) A detailed statement setting forth the grounds for protest, which shall include all the factual and legal documentation in support of the protest in sufficient detail to establish the merits of the protest; and
d) The desired resolution to the protest.

If the submitted protest does not comply with the requirements set forth herein, then it will not be considered for evaluation and will be returned to the protestor. Any grounds for protest not raised are waived. The protest may not be amended after filing. The protest is a public document. (2) Evaluation and Determination
No hearing will be held on the protest. City's Community Services Director, or designee, will review the protest and any supporting material and conduct an investigation of the facts. He/she may, but need not, request other Bidders to submit statements or arguments regarding the protest and may discuss the protest with the protestor.

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

B. Protest of Award
(1) Contents and Requirements
Following the opening of the Bids any unsuccessful Bidder, may protest City's proposed award of the Contract by submitting a protest to the Community Services Director or designee no later than close of business on the on the fifth business day. That protest must be submitted in a timely manner, signed by the protesting Bidder, must and contain all of the following to be considered:
a) The name, address and telephone number of the protestor; and b) The Project Name and Project Number; and
c) The City action or recommendation that is being protested; d) A detailed statement setting forth every ground, reason, legal authority and facts in support of the protest, including all documents and evidence including specific references to parts of the bid documents; and
e) A clear statement of the relief request.

A protest does not comply with the requirements set forth herein will be returned to the protestor. The protest shall not be amended after filing. Any grounds for protest not raised are waived. The protest is a public document.

Award Protest Statements are public documents. City will notify the affected parties when a protest has been submitted, and will provide copies of the protest to the affected parties as soon as is reasonably practical.

Page 774 of 1747 ends

12 (2) Evaluation and Determination
The affected parties may file responsive statements in support of or in opposition to the protest within three (3) business days after the receipt of the protest from City. The Community Services Director, or designee, shall review the facts and all submittals relative to the protest and shall issue a written decision setting forth the basis for such decision. The written decision will be issued to the protestor and to all affected parties.

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

C. Delay in Award
Execution of any proposed contract shall be delayed pending the resolution of the protest unless one or more of the following conditions is present:

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

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

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

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

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

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

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

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

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

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

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

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

Page 775 of 1747 ends

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

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

END OF PROPOSAL REQUIREMENTS

Page 776 of 1747 ends

14 PROPOSAL BID FORM
TO THE CITY OF EL CENTRO:

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

ITEM
NO.

APPROXIMATE

QUANTITY

UNIT ITEM W/ UNIT PRICE
(WRITTEN IN WORDS)
PRICE
(NUMBERS ONLY)
TOTAL
(NUMBERS ONLY)

1. 1 LS Mobilization, Bonds,
General Liability Insurance,
Workman's Compensation
Insurance, Vehicle
Insurance, Taxes, Permits,
and Miscellaneous Fees

2. 1 LS Remove and Dispose
Existing Chain Link Fence
including Posts and
Footings (Approximately
490 ft)

3. 1 LS Remove and Dispose
Existing Concrete Masonry
Reinforced Retaining Wall
and Concrete Footing
(Approximately 490 ft)

4. 1 LS Remove and Dispose
Existing Concrete Curb at
Existing Paver Area
(Approximately 14 ft).

5. 1 LS Remove and Relocate
Existing Concrete Bench
and Trash Receptacle.

6. 2 EA Remove Existing Tree

7. 120 CY Remove and Dispose
Existing Material for New
Concrete Paver Walkway
and for New Grading
around New Wall, Including
Landscaping Grass and
Underneath Material.

Page 777 of 1747 ends

15 8.1 LS Remove and Dispose
Existing Reinforced
Concrete Slabs Used for
Concrete Benches and
Trash Receptacles at
Existing Memorial

9. 170 SY Retaining Wall Subgrade
Preparation. 12 inch
Subgrade Scarification and
Compaction per Detail 1 on
Sheet 4.

10. 490 LF Install Retaining Wall
Concrete Footing with
Reinforcing Bars. Include
12" Class II Base and Water
Stops

11. 385 LF Furnish and Install 3-ft
Height Retaining Wall (12
Degree Setback) Allan Block
AB Stone 12"d x 8"h x 18"w
Borrego Color or Approved
Equal, Per Detail 1 on Sheet

4. 12. 105 LF Furnish and Install 3'-8"
Height Retaining Wall (12
Degree Setback) Allan Block
AB Stone 12"d x 8"h x 18"w
Borrego Color or Approved
Equal, Per Detail 2 on Sheet

4. 13. 490 FT Furnish and Install 3 ft
Height Chain Link Fence
Including Posts and
Footings

14.5 EA Install Concrete Slab per
Details 4 and 6 on Sheet 4.

Include Rebars and Class II
Base.

15.3 EA Furnish and Install 36 Gal. 36"
Height Trash Receptacles

16.3 EA Furnish and Install 7-ft
Concrete Park Bench

Page 778 of 1747 ends

16 17. 8 EA Furnish and Install LED
Lighted Bollard. Include
Electrical Conduits and
Wiring.

18. 2 EA Furnish and Install Flood Light
with Single LED Area Light.

Include Electrical Conduits
and Wiring. Include Concrete
Slab per Detail 7 on Sheet 4.

19. 400 LF Install 6 Inch Concrete Curb
Per Detail 3 on Sheet 4.

20. 250 SY Subgrade Preparation for
Concrete Pavers. Include 8
inch Subgrade Scarification
and Compaction per Detail 3
on Sheet 4.

21. 2,200 SY Furnish and Install Rectangle
Concrete Pavers per Detail 3
on Sheet 4. Include Sand
Layer Leveling Course and
Class II Base.

22. 7 EA Furnish and Install 15 Gal.

Tree

23. 1 LS Grade Area to New Elevations
Around New Concrete Block
Wall. Replant New Grass.

Remove Conflicting Irrigation
Lines at New Concrete Paver
Area and Reinstall New
Irrigation Lines for new Tress
and Grass Area.

Page 779 of 1747 ends

17 VETERAN’S MEMORIAL PARK PHASE 2 PROJECT / El Centro, CA For the total sum of:

Dollars
($ ), hereinafter called Base Bid Price
Note: The Bidder shall include in the Bid Price all labor, materials, equipment, and work necessary to complete the project in accordance with the plans, specifications, and contract documents, whether or not specifically itemized in the Bid Schedule.

AWARD BASIS: The contract will be awarded based on the lowest responsive and responsible Base Bid Price as shown on Proposal Bid Form.

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

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

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

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

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

Name of firm:

Address of firm:

Telephone Number: ( ) Fax Number: ( )
Contractor’s License Number: Type:

Signed: Date:

END OF PROPOSAL/BID FORM

Page 780 of 1747 ends

18 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 “Veteran’s Memorial Park Phase 2 Project.”
NOW, THEREFORE, the condition of this obligation is such that if Principal is awarded a contract for the work, and if Principal within the time specified in the bid enters into, executes and delivers to owner an agreement in the form provided herewith, and if Principal within the time specified in the bid gives to the owner the performance bond and the payment bond on the forms provided herewith, then this obligation shall be void. If, however, Principal shall fail or refuse to furnish, execute and deliver to owner said agreement in the time stated in the bid or should fail or refuse to furnish performance bond and payment bond in the time stated in the bid, then Principal and Surety shall forfeit to Owner the penal sum hereof.

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

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

BY:

Insurance companies A.M. Best Company identifying number:

END OF BID BOND
Commented [ON8]: Is the project Name accurate?

Page 781 of 1747 ends

19 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

Page 782 of 1747 ends

20 CITY OF EL CENTRO

CONSTRUCTION SERVICES AGREEMENT
This CONSTRUCTION SERVICES AGREEMENT Agreement'), is made and effective ____ ----1, 2025, by and between the City of El Centro, a municipal corporation ("CITY"), and , a California Corporation/____________ ("CONTRACTOR"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

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

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

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

II. TIME FOR PROJECT COMPLETION
All of CONTRACTOR’s work on the Project shall 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 120 calendar days from the date of commencement of work, unless earlier terminated or extended as provided in Article 12.

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

CONTRACTOR exceeds the maximum cumulative amount at its own risk and expense.

IV. PROGRESS PAYMENTS
a. For CONTRACTOR's full and complete performance of its obligations under this Agreement, and subject to the maximum cumulative payment obligation provisions set forth in Article 6 below, CITY shall pay CONTRACTOR in accordance with Sections 1-23, 1-24, 1-25 and 1-26 of the General Conditions. b. CONTRACTOR shall submit invoices monthly during the term of this Agreement, based on the cost for services performed prior to the Invoice date. Invoices shall contain the following:
• Serial identification of progress bills: i.e., Progress Bill No. 1 for the first invoice, etc. • The beginning and ending dates of the billing period
• A task summary containing the original contract amount, the amount of prior billings, the total due the current period, the balance available under the Agreement and the percentage of completion • At CITY's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, and/ or a Commented [BM9]: I do not see an Exhibit B
Commented [BM10R9]: But I'd suggest you make Public
Contract Code Section 22300 Exhibit B.

Commented [ON11R9]: EXHIBIT B IS NOW INCLUDED IN

THE DOCUMENT

Page 783 of 1747 ends

21 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, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the CITY. Should conflict of interest principles preclude a single legal counsel from representing both CITY and CONTRACTOR, or should CITY otherwise find CONTRACTOR's legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable legal counsels' fees, expert fees and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR's negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

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

Page 784 of 1747 ends

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

California wage rates for this Project shall be in accordance with the 11General Wage Determination Made by the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1, for Riverside County. Wage rates shall conform to those posted at the CITY offices and the Project site. Statutory provisions for penalties for failure to pay prevailing wages or to comply with State wage and hour laws will be enforced.

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

1. Section 1773.8 - Travel and Subsistence Pay

2. Section 1774 - Prevailing Wage Requirement

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

4. Section 1776 - Payroll Records (as applicable)

5. Section 1777.4 - Apprenticeship Requirements

6. Section 1777.5 -Apprenticeship Requirements

7. Sections 1810 and 1811 - Working Hour Restrictions

8. Section 1813 - Penalty for Failure to Pay Overtime

9. Section 1815- Overtime Rate Requirement
VII. RECORD AUDIT
Under California Government Code, Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars ($10,000), any records or documents of both the CITY and the CONTRACTOR shall be subject to examination, audit, and/or copying at any time during regular business hours by the Auditor General for a period of three (3)

Page 785 of 1747 ends

23 years after final payment, upon oral or written request of the CITY.

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

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

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

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

XI. INSURANCE
Prior to the beginning of and throughout the duration of the Work, CONTRACTOR and its subcontractors shall maintain insurance in conformance with the requirements set forth below. CONTRACTOR will use existing coverage to comply with these requirements. If that existing coverage does not meet the

Page 786 of 1747 ends

24 requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.

CONTRACTOR shall not allow any subcontractor to commence work on any subcontract until CONTRACTOR has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to DISRICT. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. All insurance coverage and limits provided by CONTRACTOR and available or applicable under this Agreement are intended to apply to the full extent of the policies.

Nothing contained in this Agreement limits the application of such insurance coverage.

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

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

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

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

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

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

Other provisions or requirements
a. Proof of insurance CONTRACTOR shall provide endorsed certificates of insurance to CITY as evidence of the insurance

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25 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 CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its sub consultants. g. Enforcement of contract provisions (non estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder. h. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. i. Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
j. Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
k. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing.

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26 I. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that CONTRACTOR1s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer1s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. m. Pass through clause. CONTRACTOR agrees to ensure that its sub consultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by CONTRACTOR, provide the same minimum insurance coverage and endorsements required of CONTRACTOR. CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. CONTRACTOR agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to CITY for review. n. CITY's right to revise requirements. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONTRACTOR a ninety (90) day advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the CITY and CONTRACTOR may renegotiate CONTRACTOR1s compensation.
o. Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY. p. Timely notice of claims. CONTRACTOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
q. Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. r. Claims-made limitations. The following provisions shall apply if any of the required policies are written on a claims-made basis:
i. The retroactive Date of the policy must be shown and must be before the date of the Agreement or the beginning of the contracted work.
ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work.
iii. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a Retroactive Date that precedes the date of this Agreement1 CONSULTANT must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work. The CITY shall have the right to exercise, at the CONSULTANT'S sole cost and expense1 any extended reporting provisions of the policy, if the CONSULTANT cancels or does not renew the coverage. iv. A copy of the claim reporting requirements must be submitted to the CITY prior to the commencement of any work under this Agreement.

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

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

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27 No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

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

If CONTRACTOR is not required to register with the Department of Industrial Relations due to the Small Project Exemption, Effective July 1, 2017, CONTRACTOR is still required to maintain certified payroll records on a continuous basisl and provide them to the Labor Commissioner1s Office upon request. Certified payroll records will be provided by CONTRACTOR to CITY upon request.

XIII. PROVISIONS REQUIRED BY LAW
Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted1 or is not currently inserted! then upon application of either party the Agreement shall forthwith be physically amended to make such insertion or correction. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.

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

Trenching: For any jobs involving trenching more than four (4) feet deep, the CONTRACTOR shall notify the CITY of hazardous materials, subsurface or latent physical site conditions different from those indicated in information about the site made available to bidders, as well as unusual site conditions and the CITY shall investigate those as required by Public Contracts Code Section 7104 XIV. SUBSURFACE HAZARDOUS MATERIALS
A In the event trenches or other excavations extend deeper than four (4) feet below the surface, the CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the CITY in writing of any:

1. Material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class 11 or Class 111 disposal site in accordance with the provisions of existing law.

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

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Work or the character provided for in the CONTRACT.

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

C. In the event that a dispute arises between the CITY and the CONTRACTOR whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in the CONTRACTOR's cost of or time required

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

CONTRACTOR expressly understands, acknowledges and agrees that such liquidated damages can and shall be imposed if the CONTRACTOR does not meet each and every aspect of any activity schedule, completion schedule, construction schedule or Project milestones established in or pursuant to the Project Schedule. If the CITY accepts work or makes any payment under this Agreement after a default by reason of delays, the acceptance of such work and/or payment(s) shall in no respect constitute a waiver or modification of any provisions regarding Contract Time, a completion schedule, the Project Schedule or the accrual of liquidated damages. In the event the same is not paid, the CONTRACTOR further agrees that the CITY may deduct the amount thereof from any money due or that may become due the CONTRACTOR under the Agreement. This Article does not exclude recovery of damages under provisions of the Contract Documents, and is expressly in addition to the CITY's ability to seek other damages.

XVI. COMPONENT PARTS OF THE CONTRACT
a. The complete Agreement shall consist of the following component parts, to-wit: This Agreement; Amendments or Change Orders, if any; Addenda, if any; the solicitation and the accepted CONTRACTOR's bid proposal, dated , 2023, including all required attached documents; each of the component parts of the "PARKS DIVISION YARD IMPROVEMENTS PROJECT", dated . 2023; and any and all attachments to this Agreement.

This instrument and the other documents mentioned above in this Article 1 constitute the complete and exclusive statement of the term(s) and condition(s) of the Agreement between CITY and CONTRACTOR and it supersedes all prior representations, understandings, and communications. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other term(s) or condition(s).
b. In the event of any discrepancy between or among the portions of the Agreement Documents, the following shall take precedence: (a) Change Orders/ Amendments/ Modifications; (b) this Agreement; (c) the accepted CONTRACTOR's bid/proposal; (d) Addenda, if any; and (e) the solicitation, dated ,2023.
c. CITY's failure to insist in any one or more instances upon CONTRACTOR's performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of CITY's right to such performance or to future performance of such term(s) or 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.

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29 XVII. ENTIRE CONTRACT
This Contract constitutes the entire contract of the parties. No other Contracts or contracts, whether oral or written, pertaining to the work to be performed, exist between the parties. This Contract can be modified only by an amendment in writing, signed by both parties. No waiver of any term or condition of this Agreement shall be a continued waiver thereof. (Signatures on next page)

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

Non-collusion Affidavit
Faithful Performance Bond
Labor and Materials Bond

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30 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 ____, 2022, 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 ____, 2020. _______________________________
Principal
By: ____________________________
_______________________________
Surety
By: ____________________________
Its Attorney-in-Fact

END OF FAITHFUL PERFORMANCE BOND

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31 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 ____, 2022, 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

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

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

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

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

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

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

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

END OF DRUG/ALCOHOL TESTING REQUIREMENTS

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34 SUBCONTRACTORS LISTING
The Bidder shall list below the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent (.005%) of the prime contractor’s total bid. The Bidder shall also list below the portion of the work which will be done by each subcontractor under this Contract. The prime contractor shall list only one subcontractor for each portion of the WORK. If the Bidder does NOT intend to use ANY subcontractors, then state “NONE” in the first block.

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

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

PLACE OF BUSINESS
ADDRESS/TELEPHONE No.

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

END OF SUBCONTRACTORS LISTING

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36 NON-COLLUSION DECLARATION FOR CORPORATION
The undersigned declares:

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

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

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

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

END OF NONCOLLUSION DECLARATION FOR CORPORATION

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

END OF CORPORATE CERTIFICATION

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38 CONTRACTOR’S CERTIFICATION OF QUALIFICATION

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

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

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

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

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

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

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

SIGNATURE BY:___________________________________________ TITLE:____________________________________________________

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39 GENERAL CONDITIONS
1-01 DEFINITIONS.
a) The word “City” shall mean the City of El Centro, California. b) The term “City Council” shall mean the City Council of the City of El Centro. c) The word “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 Community Services” shall mean the City of El Centro Community Services Director, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.
f) The word GREENBOOK shall mean the Standard Specifications for Public Works Construction contained in the latest Edition, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California. Copies of these Standard Specifications are available from the publisher, Building News, Incorporated, 990 Park Center Drive, Suite E, Vista, CA 92081 (760) 734-1113.
1-02 CONTRACT DOCUMENTS
The Notice of Inviting Bids, the Instructions to Bidders, the Proposal, the Specifications, and the Drawings, together with the Agreement and all documents referenced there, constitute the Contract. These Contract documents are complimentary, and what is called for in any one (1) shall be as binding as if called for in all. The intention of the documents is to require a complete and finished piece of work. The Contractor at its sole cost and expense shall perform all labor and services and shall furnish all materials, tools, equipment, and facilities necessary for the proper execution of the work, with the exception of such items as are definitely set forth in the specifications or the drawings to be furnished by the City. Anything shown in the drawings and not in the specifications or in the specifications and not in the drawings shall be performed by the Contractor as though shown in both the drawings and the specifications. 1-03 AUTHORITY OF THE COMMUNITY SERVICES DIRECTOR
The Community Services Director shall give all orders and directions contemplated under the contract; shall determine the adequacy of the Contractor’s methods, plans, and appurtenances; shall determine in all cases the amount, quality, acceptability, and fitness of the several kinds of work and materials which are to be paid for; shall determine all questions in relation to said work and the construction thereof; and shall decide in all cases every question, which may arise relative to the fulfillment of this contract on the part of the Contractor. Should any discrepancy appear or any misunderstandings arise as to the import of anything contained in the specifications or drawings, the matter shall be referred to the Community Services Director, who shall decide the same in accordance with the true intent and meaning as construed by that Director, and that decision shall be binding on the Contractor. Any differences or conflicts which may arise between the Contractor and other contractors of the City in regard to their work shall be adjusted and determined by the Community Services Director.
1-04 ACCESS TO WORK
Commented [ON12]: WOULD ALL THIS SECTIONS
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40 The Community Services 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 Community Services Director. If such a discrepancy is not reported to the Community Services Director, the Contractor shall be responsible for any error in the finished work.

Services Assistance Notice: The Contractor shall give at least twenty-four (24) hours’ notice in writing when he will require the services of the Community Services Director for laying out any portion of the work.

The Contractor shall furnish the Community Services Director such facilities and labor necessary for marking and maintaining points and lines as he may require. Labor furnished by the Contractor for such purposes will be paid for as extra work.

The Contractor will preserve all stakes and points set for lines, grades or measurements of the work in their proper places until authorized to remove them by the Community Services Director. All expenses incurred in replacing stakes that have been removed without proper authority shall be paid by the Contractor. 1-06 LEGAL ADDRESS OF CONTRACTOR
The address given in the Contractor’s proposal on which the contract is founded is hereby designated as the place to which all notices, letters, and other communications to the Contractor shall be mailed or delivered. The mailing to or delivering at the above-named place of any notice, letters, or other communication to the Contractor shall be deemed sufficient service thereof upon the Contractor. The date of said service shall be the date of such mailing or delivery. Such address may be changed at any time by a written notice signed by the Contractor and delivered to the Community Services Director. 1-07 CONTRACTOR'S RESPONSIBILITIES
(a) The Contractor shall be responsible for safe, efficient, and adequate methods and equipment during the progress of the work so as to secure the safety of the workers, the quality of work required and the required rate of progress.
(b) The Contractor shall bear all losses resulting to 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.
(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

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41 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 Director of Public Works before starting construction work. 1-08 CONTRACTOR TO FURNISH INFORMATION
(a) Before proceeding with the erection of the construction plant, and other temporary structures, the Contractor shall furnish the Community Services Director with information and drawings of all such structures as may be required.
(b) Drawings and prints in such detail as may be required, or articles, machinery, or fabricated materials entering into permanent construction which are by these specifications required to be furnished by the Contractor and of which detailed drawings are not furnished by the City shall be submitted by the Contractor for approval and shall become the property of the City. Such approval shall not, however, operate to waive or modify any provision or requirement contained in these specifications. 1-09 EXAMINATION OF WORK
Bidders must examine the location, physical conditions and surrounding of the proposed work and judge for themselves the nature of the excavations to be made and the work to be done.

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

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

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

It is mutually agreed, however, that approval by the Community Services Director of the Contractor’s working plans does not relieve the Contractor of any responsibility for accuracy of dimensions and details, and that the Contractor shall conform to the approved plans and specifications. 1-11 PERSONAL ATTENTION
The Contractor shall give 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 Community Services Director.

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42 Whenever the Contractor is not present on any part of the work where it may be desired to give directions, orders may be given by the Community Services Director, and shall be received and obeyed by the superintendent or foreman who may have charge of the particular part of the work in reference to which orders are given.
1-12 PROTESTS
All protests and disputes after 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 Community Services Director, to complete the work or any separable portions thereof in accordance with a progress schedule and within the time limit fixed by the contract. If the Contractor should fail to employ sufficient force, plant, materials and tools or to maintain adequate progress he may, after such failure, be required to increase its progress at any point or points or to modify his plans and procedures in such manners and to such extent as the Community Services Director may direct, any extension of such shall not relieve the Contractor from the necessity of maintaining the required progress. In case of an extension by the Community Services Director of the time for the completion of the contract, as hereinafter provided a revised schedule of progress may be prescribed in accordance with such extension of time. (b) The time in which the various portions and the whole of the contract are to be performed and the work is to be completed is of the essence of the contract. 1-15 ASSIGNMENT FORBIDDEN
The Contractor shall not assign, transfer, convey, or otherwise dispose of this contract, or of his right, title or interest in or to the same or any part thereof, without the previous consent in writing of the Community Services Director and he shall not assign, by power of attorney or otherwise, any of the monies to become due and payable under the contract unless by and with the like consent signified in like manner. If the Contractor shall, without such previous written consent, assign, transfer, convey or otherwise dispose of the contract or of his right, title or interest therein, or of any of the monies to become due under the contract, to any other person, company or other corporation, the contract may at the option of the City be terminated and revoked, and the City shall thereupon be relieved and discharged from any and all liability and obligations growing out of the same to the Contractor, and to his assignee or transferee.

No right under the contract, nor any right to any money to become due hereunder, shall be asserted against the City in law or equity by reason of any so-called assignment of the contract, or any part thereof, or by reason of the assignment of any monies to become due hereunder, unless authorized as aforesaid by the written consent of the Community Services Director.
1-16 SUBLETTING
The Contractor shall give his personal attention of the fulfillment of the contract and shall keep the work under his control. Subcontractors will not be recognized as such, and all persons engaged in the work of construction will be considered as employees of the Contractor, and their work shall be subject to the provisions of the contract and specifications. Where a portion of the work sublet by the Contractor is not

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43 being prosecuted in a manner satisfactory to the Community Services Director, the subcontractor shall be removed immediately on the recommendation of the Community Services Director and shall not again be employed on the work.
1-17 SUSPENSION OF CONTRACT
(a) If the work to be done under the contract shall be abandoned by the Contractor, or if the Contractor shall make a general assignment for the benefit of his creditors or be adjudicated a bankrupt, or if a receiver of his property or business is appointed by a court of competent jurisdiction, or if this contract shall be assigned by him otherwise than hereinbefore specified, or if at any time the Community Services Director shall be of the opinion that the performance of the contract is unnecessarily or unreasonably delayed, or that the Contractor is willfully violating any of the conditions or covenants of the contract, or of the specifications, or is executing the same in bad faith or not in the time named in the contract for its completion, or within the time to which the completion of the contract may have been extended as hereinbefore provided, the Community Services Director, acting on behalf of the City, may, by written notice, instruct the Contractor to discontinue all work or any part thereof under this contract. (b) When such written notice is served upon the Contractor as provided in section 1-06, he shall immediately discontinue the work or such part thereof as is covered by the notice and shall not resume the same except by written instructions from the Director of Public Works. In any such case, the City may take charge of the work and complete it by a new contract or by force account.

In so doing, the City may take possession of and use any of the materials, plant, tools, equipment, supplies and property of every kind provided by the Contractor for the purposes of his work. The City may procure other materials and provide labor for the completion of same, or contract therefore and charge the expense of completion by either method to the Contractor. These charges shall be deducted from such monies as may be due or may at any time hereafter become due the Contractor under and by virtue of this contract or any part thereof. In case such expense shall exceed the amount which would have been due the Contractor under the contract if the same had been completed by him, he shall pay the amount of such excess to the City; and in case such expense shall be less than the amount which would have been payable under this contract if the same had been completed by the Contractor, he shall have no claim to the difference except to such extent as may be necessary, in the opinion of the Community Services Director, to reimburse the Contractor or the Contractor's sureties for any expense, properly incurred for plant, equipment, materials, supplies and labor devoted to the prosecution of the work of which the City shall have received the benefit and which shall not have been otherwise paid for by the City. In computing such expense so far as it shall be deducted from the depreciated value thereof at the time taken over by the City and the difference shall be considered as an expense. Evidence of such expense satisfactory to the Community Services Director, shall be required, and all necessary estimates and appraisements shall be made by him.

When any particular part of the work is being carried on for the City by contract or otherwise, under the provisions of this section, the Contractor shall continue the remainder of the work in conformity with the terms of his contract, and in such manner as in nowise to hinder or interfere with the persons or workers employed, as above provided, by the City, by contract or otherwise to do any part of the work or to complete the same under the provisions of this section. 1-18 SUSPENSION OF WORK – EXTENSION OF TIME - NO EXTRA COMPENSATION (a) The Community Services Director shall have the authority to suspend the work wholly or in part, for such period as 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 Community Services Director.

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44 (b) Applications for extension of time must be made promptly in writing, stating cause. No delay shall be made the basis in any application for extension of time, unless such delay and the cause thereof shall have been called to the attention of the Community Services Director in writing within the ten (10) days from the beginning of such delay. Applications for extension of time shall be addressed to the Community Services Director.
(c) Permitting the Contractor to continue and finish the work, or any part of it, after the date to which the time fixed for its completion may have been extended, shall in nowise operate as a waiver on the part of the City or any of its rights under this contract. (d) The Contractor shall receive no compensation on account of any suspension of the work either in whole or in part or for any delay or hindrance herein mentioned except as provided in the Detail Specifications or as otherwise required by law..
1-19 FAILURE TO COMPLETE ON TIME AND LIQUIDATED DAMAGES (a) The Contractor shall pay for each and every day, including Sundays and legal holidays that they shall be in default in completing the whole work to be done under this contract, the sum named in the Special Provisions, which sum is by the execution of the Agreement mutually agreed upon as liquidated damages which the City will suffer by reason of such default. The City shall have the right to deduct the amount of such damages from any monies due or to become due the Contractor under this contract.
(b) It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the time specified, the City Council shall have the right to extend the time for completion or not, as may seem best to serve the interest of the City; and if it decides to extend the time limit for the completion of the contract, it shall further have the right to charge to the Contractor, his heirs, assigns or sureties and to deduct from the final payment for the work, all or any part, as it may deem proper of the actual cost of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such extension, except that the cost of final surveys and preparation of final estimate shall not be included in such charges.
(c) The Contractor shall not be assessed with liquidated damages nor the cost of engineering and inspection during any delay in the completion of the work caused by the acts of God or of the public enemy, acts of the City, fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather or delays of subcontractors due to such causes; provided, that the Contractor shall within ten (10) days from the beginning of any such delay notify the Community Services Director in writing of the causes of delay, who shall ascertain the facts and the extent of delay, and his findings of the facts thereon shall be final and conclusive. 1-20 CHANGES
(a) If either the Community Services Director or the Contractor on account of conditions which develop during the progress of the work finds it impracticable to comply strictly with these specifications, the Community Services Director may prescribe a modification of requirements of methods of work.

For such purposes, the Community Services Director may at any time during the life of the contract, by written order make such changes as he shall find necessary in the design, line, grade, form, location, dimensions, plan or material of any part of the work or equipment hereinafter specified, or in the quantity or character of the work or equipment to be furnished. If such changes increase or diminish the quantity or amount of work to be done, they shall not constitute the basis for a claim for damages or anticipated profits on the work that may be dispensed with; provided, that if such changes or alterations render useless, any work already done or materials already furnished or

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45 used in the work, the Community Services Director shall make reasonable allowance therefore, which action shall be binding upon both parties.
(b) In the event of increasing or decreasing of work, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit price established for such work under the contract, wherever such unit price has been established. In the event no prices are named in the contract to cover such changes or alteration, the cost of such changes shall be covered as hereinafter provided for extra work.
(c) The City reserves the right to increase or decrease the quantity of any item or portion of work or to omit portions of the work as may be deemed necessary or expedient by the Community Services Director.
1-21 EXTRA WORK
(a) If during the performance of the contract, it shall, in the opinion of the Community Services Director, become necessary or desirable for proper completion of the contract to order work done or materials or equipment furnished which in the opinion of the Community Services Director are not susceptible of classification under the bid items, the Contractor shall do and perform such work and furnish such materials and equipment as extra work, as hereinafter provided. All extra work shall be ordered in writing before it is started. No extra work shall be paid for unless ordered in writing.
(b) Extra work will ordinarily be paid for at a lump sum or unit price agreed upon in writing by the Community Services Director and the Contractor before the extra work shall be ordered. (c) Whenever in the judgment of the Community Services Director extra work or extra material, as the case may be, is not of like character to and is not susceptible of classification under the bid items of the contract as specified, and it is impracticable because of the nature of the work, or for any other reason to fix the price before the extra work order shall be issued, extra work and material, when furnished by the Contractor, shall be paid for at actual necessary cost of materials, supplies, labor (including foremen’s wages), Workers’ Compensation insurance, contributions made to the State as required by the provisions of the Unemployment Insurance Act, Chapter 352, Statutes of 1935, as amended, taxes paid to the Federal government as required by The Social Security Act, approved August 14, 1935, as amended and the reasonable value of the use of equipment for the actual time it is used, all as determined by the Director of Public Works, plus fifteen percent (15%) to cover the following:

Profit
General Expenses
All insurance except Workers’ Compensation insurance
Excise taxes
Property taxes
Bond premiums
License and inspection fees imposed by any governmental authority Any and all other items of expense not specifically mentioned under this subsection (c) herein
The Community Services Director determination and certification of said actual necessary cost shall be binding and conclusive on the Contractor, and the Community Services Director shall be deemed the arbiter to determine the cost of such work.
(d) If any work or materials be ordered under this section on a cost-plus basis, the Contractor shall, at the times directed during the performing of the work or the furnishing of the materials, render to the Community Services Director, written reports in prescribed form, showing all items that may

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46 enter into the cost, the quantity and the character of each such material, from whom purchased and the net amount paid or to be paid therefore, and such other information as directed. If required, the Contractor shall produce any books, vouchers, other records, or memoranda, which will assist the Community Services Director in determining the true, necessary cost of the work and materials to be paid for.
(e) Any extra work performed hereunder shall be subject to all the provisions of the contract and the Contractor's sureties shall be bound with reference thereto as under the original contract. 1-22 COST BREAKDOWN
Within ten (10) days after commencing work, the Contractor shall submit, to the Community Services Director, a cost breakdown in duplicate of all unit and lump sum prices under the contract. The breakdown, as approved, may be used by the Community Services Director to verify the fair value of the work for progress payments.
1-23 PROGRESS ESTIMATES
The Community Services Director, shall on or about the fifth (5th) day of each calendar month, except as provided in section 1-23, make in writing and certify an estimate such as in her/his opinion shall be just and fair, of the amount and value of the work done by the Contractor and of the amount and value of all acceptable materials furnished and delivered by the Contractor to the site and not used up to that time in the performance of the contract. To the figure thus arrived at, shall be added any amounts due the Contractor for extra work and the amount of any approved claims for extra cost to the date of the progress estimate.

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

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

Pursuant to Public Contract Code §22300, the Contractor has the option of substituting securities for any money that is withheld under this section.
1-24 PROGRESS ESTIMATES MAY BE WITHHELD
The progress estimates provided for in section 1-23 hereof may at any time be withheld or reduced if, in the opinion of the Community Services Director, the Contractor is not diligently and efficiently endeavoring to comply with the intent of the contract, or if the Contractor shall fail to pay his labor and material bills as they become due.
1-25 PROGRESS PAYMENTS
(a) Upon each progress estimate being made and certified in writing, the City shall, within fifteen (15) days after the date of such estimates, except as set forth in subsection (b) hereof, pay to the Contractor the amount stated in such estimates to be due the Contractor; provided, however, that the City may at all times reserve and retain from such progress payments, in addition to the retained percentage and other amounts above mentioned to be deducted in computing the progress Commented [ON14]: Shall this remain the same?

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47 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 payments upon progress estimates or otherwise shall thereafter be made the Contractor for the work covered by said notice until completion of the work.
1-26 FINAL ESTIMATE AND PAYMENT
(a) Whenever in the opinion of the Community Services Director the Contractor shall have completely performed the contract on his part, the Community Services Director will submit to the Contractor a written statement of the final quantities of contract items for inclusion in the final estimate. The Contractor will be expected to submit his written approval of said proposed final quantities within five (5) days of receipt of the Community Services Director’s statement, or in the event the Contractor disagrees with such written statement, shall within said period of five (5) days file a written statement of all claims, which he intends to present. (b) Upon receipt from the Contractor of written approval of the final quantities or such written statement of his claims, the Community Services Director shall make in writing and certify to the City Clerk an estimate in which he shall state, from actual measurements, the whole amount of work done by the Contractor and also the value of such work under and according to the terms of the contract. Within ten (10) days after the date of receipt of the aforesaid approval or state of claims, the Community Services Director shall cause to be filed, on behalf of the City, in the Office of the Imperial County Recorder, a Notice of Completion of the work herein agreed to be done by the Contractor. On the expiration of thirty-five (35) days after the filing of such notice of completion of the work, the City shall pay to the Contractor the amount remaining after deducting from the amount of value stated in the first mentioned estimate all prior payments to the Contractor and all amounts to be kept and retained under the provisions of the contract. (c) All prior estimates upon which partial payments have been made shall be subject to correction in the final estimate. The final estimate and payments made thereunder shall be final and conclusive upon the Contractor.
1-27 RECOVERY OF DAMAGES
The making of an estimate and payment in accordance therewith shall not preclude the City from demanding and recovering from the Contractor such damages as it may sustain by reason of his failure to comply with the specifications.
1-28 FINAL PAYMENT TERMINATES LIABILITY
The acceptance by the Contractor of the final payment aforesaid shall be a release to the City and its agents from all claim and liability to the Contractor for anything done or furnished for or relating to the work or for any act or neglect of the City or of any person relating to or affecting the work except the claim against the City for the remainder, if any, of the amount kept or retained as provided in section 1-31.

Commented [ON15]: How many days?

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

Commented [ON16]: How many days?

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49 1-35 EIGHT (8) HOUR LAW
The Contractor shall comply with all applicable provisions of Labor Code §§1810 to 1816, inclusive, relating to working hours. The time of service of any laborer, worker or mechanic employed on the work shall be limited and restricted to eight (8) hours during any one (1) calendar day, except in cases of an extraordinary emergency caused by fire, flood or danger to life or property and the Contractor shall forfeit as a penalty to the City of twenty-five dollars ($25) for each such laborer, worker or mechanic employed in the execution of this contract by him or any subcontractor under him for each calendar day during which such laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in violation of the provisions of the California Labor Code.
1-36 OVERTIME - NO EXTRA COMPENSATION
Overtime work (i.e., work in excess of eight (8) hours in any one (1) calendar day or work performed on a Sunday or other legal holiday) shall not entitle the Contractor to any compensation for any contract item in addition to that set forth in the contract for the kind of work performed even though such overtime or legal holiday work may be required under emergency conditions, and may be ordered by the Community Services Director in writing. In case of extra work ordered by the Community Services Director under the provisions of section 1-21 hereof, no additional payment will be made to the Contractor because of the payment by him of overtime or legal holiday rates for such work, unless the use of overtime or legal holiday work in connection with such extra work is specifically ordered in writing by the Community Services Director and then only to such extent as extra payment is regularly being made by the Contractor to his men for overtime or legal holiday work of a similar nature in the same locality. 1-37 CHARACTER OF WORKERS
None but skilled workers shall be employed on work requiring special qualifications. When required in writing by the Community Services Director, the Contractor or any subcontractor shall discharge any person who is in the opinion of the Community Services Director, incompetent, unfaithful, disorderly or otherwise unsatisfactory and shall not again employ such discharged person on the work except with the consent of the Community Services Director. Such discharge shall not be the basis of any claim for compensation or damage against the City or any of its officers.
1-38 SAMPLES AND TESTS
At the option of the Community Services Director, the source of supply of each of the materials shall be approved by the Community Services Director before delivery is started and before such material is used in the work. Representative preliminary samples of the character and quality prescribed shall be submitted by the Contractor or producer of all materials to be used in the work for testing or examination as desired by the Community Services Director.

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

The Contractor shall furnish such samples of materials as are requested by the Community Services Director, without charge. No material shall be used until it has been approved by the Community Services Director. Samples will be secured and tested whenever necessary to determine the quality of material. 1-39 INSPECTION
The Director of Public Works shall at all times have access to the work during construction, and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship and character of materials used and employed in the work.

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50 Whenever the Contractor varies the period, which work is carried on each day, he shall give due notice to the Community Services Director, so that proper inspection may be provided. Any work done in the absence of the Community Services Director will be subject to rejection. The inspection of the work shall not relieve the Contractor of any of his obligations to fulfill the contract as prescribed. Defective work shall be made good and unsuitable materials may be rejected notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the Community Services Director and accepted or estimated for payment.
1-40 DEFECTIVE WORK OR MATERIALS – WARRANTIES, GUARANTEES AND INSTRUCTION SHEETS
(a) If the work, or any part thereof, shall be found defective at any time before the final acceptance of the whole work, the Contractor shall forthwith make good such defects without compensation in a manner satisfactory to the Community Services Director, and the cost of any excess material furnished by the City shall be borne by the Contractor. (b) All materials not conforming to the requirements of these specifications shall be considered as defective and all such material whether in place or not shall be rejected and shall be removed immediately from the site of the work unless otherwise permitted by the Community Services Director. No rejected material, the defects of which have been subsequently corrected shall be used until approved in writing by the Community Services Director. (c) Upon failure on the part of the Contractor to comply with any order of the Community Services Director made under the provisions of this article, the Community Services Director shall have authority to remove and replace defective material and to deduct the cost of removal and replacement from any monies due or to become due the Contractor. (d) The work shall be warranted by the Contractor against defective materials and workmanship for a period of one (1) year. The warranty period shall start on the date the work was completed as determined by the Engineer.
(e) The warranty period for specific items covered under manufacturers’ or suppliers’ warranties shall commence on the date they are placed into service at the direction of or as approved by the Engineer in writing.
(f) All warranties, express or implied, from subcontractors, manufacturers or suppliers, of any tier, for the materials furnished and work performed shall be assigned, in writing, to the City, and any such warranties shall be delivered to the Engineer prior to acceptance of the Contractor’s performance of the contract.
(g) The Contractor shall replace or repair defective materials and workmanship in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice.

If the Contractor fails to make such replacement or repairs within the time specified in the notice, the City may perform the replacement or repairs at the Contractor’s expense. If the Contractor fails to reimburse the City for the actual costs, the Contractor’s Surety shall be liable for the cost thereof. 1-41 USE OF COMPLETED PORTIONS
The City may at any time during progress of the work, after written notice to the Contractor, take over and place in service any completed portions of the work which are ready for service, although the entire work of the contract is not fully completed and notwithstanding the time for completion of the entire work or such portions which may not be expired. In case, the City shall issue certificates of acceptance for such portions of the work but such taking possession thereof shall not be deemed an acceptance of any other portion of the work, nor of any incomplete portions, nor of any work not completed in accordance with the contract documents.

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51 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 Community Services Director. He shall, at all times, observe and comply with and shall cause all his agents and employees to observe and comply with all such applicable laws, ordinances and regulations in effect or which may become effective before completion of this contract. He shall protect and indemnify the City and its officers and agents against any claim or liability arising from or based on the violation of any such law, ordinance or regulation whether by himself or by his employees.
(b) Except as otherwise explicitly provided elsewhere in these specifications, all permits and licenses necessary to the prosecution of the work shall be secured by the Contractor at his own expense, and he shall pay all taxes properly assessed against his equipment or property used or required in connection with the work.

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52 (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.

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 subsubsections (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

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53 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 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

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54 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
The Contractor shall be responsible for all damage or injury, which may be caused on any property by trespass of the Contractor’s employees in the course of their employment whether the said trespass was committed with or without the consent or knowledge of the Contractor. 1-50 SAFETY, SANITARY AND MEDICAL REQUIREMENTS
The Contractor and his subcontractors, if any, and employees shall promptly and fully carry out the existing safety, sanitary and medical requirements as may from time to time be prescribed by the City or by County or State Health Departments to the end that proper work shall be done and the safety and health of the employees and of the community may be observed and safeguarded. In case such regulations and orders are not observed by the Contractor they may be enforced by the Community Services Director at the Contractor’s expense.
1-51 PROTECTION AND CLEAN UP
The Contractor shall protect and care for all work until completion and acceptance thereof. Before the Contractor makes application for the acceptance of the work, all rubbish, excess earth and rock or surplus materials shall be removed leaving the site in a neat, orderly and presentable condition. 1-52 LABOR DISCRIMINATION
No discrimination shall be made in the employment of persons upon Public Works because of the race, color, religious creed, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age or sexual orientation of such persons except as provided in Government Code §12940, and every contractor for

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55 Public Works violating Labor Code §1735 is subject to all penalties imposed for a violation of Chapter 1, of Part 7, of Division 2 of the California Labor Code.
1-53 APPRENTICES
Attention is directed to the provisions of Labor Code §§1777.5 and 1777.6 concerning the employment apprentices by the Contractor or any subcontractor under him. The Contractor and any subcontractor under him shall comply with the requirements of said sections in the employment of apprentices.

Information relative to Apprenticeship Standards Wage Schedules and other requirements may be obtained from the Director of Industrial Relations, Ex Officio the Administrator of Apprenticeship - San Francisco, California or from the Division of Apprenticeship Standards and its branch offices. 1-54 PRECONSTRUCTION CONFERENCE
Before the start of construction, the Community Services Director will arrange to meet with the Contractor to discuss the requirements on such matters as project supervision, on-site inspections, progress, schedules and reports, payment(s) to Contractor(s), safety and other items pertinent to the project. At this conference, all parties should be prepared to discuss any anticipated problems. 1-55 SUBCONTRACTING LISTING
(a) Any person making a bid or offer to perform the work described in this contract shall in his bid or offer set forth:

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

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

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

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

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

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

END OF GENERAL CONDITIONS

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56 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 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.

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57 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.

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.

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58 (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.
(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.

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59 (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.

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

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60 agency in the contract plans or specifications, he shall immediately notify the public agency and utility in writing.
e) The public utility, where they are the City, shall have the sole discretion to perform such repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price.

16. Contractor License Requirements: In accordance with Business and Professions Code §7028.15, a licensed contractor shall not submit a bid to a public agency unless his or her contractor’s license number appears clearly on the bid, and the license expiration date is stated. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered nonresponsive and shall be rejected by the public agency.

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

END OF CALIFORNIA STATE REQUIREMENTS

END OF SUPPLEMENTARY GENERAL CONDITIONS

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61 TECHNICAL SPECIFICATIONS

1. GENERAL
The Technical Specifications for this project shall be the Standard Specifications for Public Works Construction, "The Greenbook" (SSPWC) and Caltrans standard specifications.

2. MOBILIZATION
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 all other work and operations that must be performed or costs incurred before beginning work on the various Contract items on the Project site. Mobilization shall include, but not be limited to, the following items, all as required for the proper performance and completion of the Work:

1. Obtaining all permits, licenses, insurance, and bonds. Providing copies to the Construction Manager;

2. Moving onto the Jobsite all of the Contractor's material and equipment as required;

3. Developing construction water supply;

4. Providing restroom facilities;

5. Providing potable water facilities as specified. This includes a means by which all on-site Contractor, Subcontractor, or supplier personnel can wash their hands with soap. It also includes providing potable drinking water to the construction personnel at the project site;

6. Submitting all required Subcontractor insurance certificates, bonds, and contract agreements with subcontractors;

7. Paying Taxes and Freight;

8. Posting all CAL/OSHA required notices and establishment of safety programs;

9. Having the Contractor's representative at the Jobsite full time;

10. Furnishing of Construction Schedule, Contract Price Breakdown (Schedule of Values), Submittal Documents, and Submittal Schedules;

11. Preparing and providing As-Built drawings;

12. Attending Project meetings;

13. Complying with the Air Pollution Control District Permit Requirements and paying the associated fees;

14. Providing Project Signs (Contractor's Identity Sign and Project Identity Sign);

15. Paying other miscellaneous fees.

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.

3. SUBBASE PREPARATION
The native material beneath P.C.C. concrete and paver walkways infrastructure including but not limited to
P.C.C. slabs, curbs and retaining walls shall be excavated to ±0.05 feet of design subbase grade. The design subbase grade shall be field verified and approved by the Construction Manager prior to the placement of granular sand fill, or Class 2 Base. The

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62 Construction Manager shall determine the number and location of points to check for the subbase grade elevation compliance.

4. SUBGRADE PREPARATION
The Class 2 Base beneath all concrete infrastructure and pavers shall be placed to within ±0.02 feet of design subgrade prior to the placement of P.C.C. concrete or pavers. The Construction Manager shall field verify the subbase elevations in the field prior to the placement of Class 2 Base material. Placement of P.C.C. concrete or pavers shall not be allowed until the Construction Manager has approved the subgrade design grade.

5. SAND
Clean granular sand free of clay, shale and deleterious material shall be delivered to the site and placed as noted on the plans. Sand shall be compacted to 90 percent of maximum density at optimum water content per ASTM D-1557 unless otherwise noted on the plans.

The material shall conform to a sand equivalent of 30 or greater. The maximum amount of material passing the number 200 sieve shall be 6 percent. The sand shall conform to the following gradation percentages:

SIEVE SIZE PERCENT PASSING
3/8" 100
NO. 4 98-90
NO. 8 90-75
NO. 10 75-60
NO. 16 60-50
NO. 30 50-38
NO. 40 38-29
NO. 50 29-19
NO. 100 19-7
NO. 200 6-0
The Contractor shall supply a five gallon sample of sand material to the material testing laboratory within four (4) days after the Notice to Proceed is issued. The gradation, sand equivalent and maximum density of the sand material shall be determined. The test results shall be forwarded to the Construction Manager. The cost of testing shall be incurred by the Contractor. The gradation of the granular sand shall be determined and the test results forwarded to the Construction Manager prior to the delivery of the granular sand material to the construction site. Prior to the placement of sand the native subbase grade shall be checked and approved by the Construction Manager.

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63 6. CLASS 2 BASE
The Class 2 Base material shall conform to Caltrans Section 26, latest edition, for ¾- inch maximum base material. The gradation requirements are as follows:

SIZE
1 IN/25.00MM
¾ IN/19.00MM
#4/4.75MM
#30/600MM
#200/75.00MM

PERCENT PASSING
100
87-100
30-65
5-35
0-12
The sand equivalent shall be 25 or greater. An angular aggregate is to be used. Class 2 Base material shall be compacted to 95 percent of maximum density according to ASTM D-1557, unless otherwise noted on the plans or details. The tolerance for the Class 2 Base between design subgrade elevation and actual subgrade elevation as constructed in the field shall be plus or minus 0.02 feet as referenced from the design subgrade. Prior to the placement of Class 2 Base the native subbase grade shall be checked and approved by the Construction Manager. The native subbase grade shall be within plus or minus 0.05 feet of subbase design grade prior to the placement of Class 2 Base.

The Contractor shall supply a five gallon sample of the Class 2 Base to the material testing laboratory within four
(4) days of the Notice to Proceed. The material shall be delivered to the testing laboratory to determine the maximum density, gradation, R-value, sand equivalent and durability index of the Class 2 Base. A copy of the test results shall be forwarded to the Construction Manager by the geotechnical consultant for review. The gradation of the Class 2 Base shall be determined and the test results forwarded to the Construction Manager for approval prior to the delivery of the Class 2 Base material to the construction site. Class 2 Base utilizing recycled materials shall not be allowed.

7. P.C.C. CONCRETE
P.C.C. concrete, utilized for but not limited to, foundations, curbs and concrete slabs and all other concrete infrastructure shall contain a minimum of 6.0 sacks per cubic yard of concrete (4,500 psi) Type V Portland Cement with a maximum water/cement ratio of 0.45 (by weight).

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64 A concrete mix design is to be submitted to the Construction Manager within five (5) days after the issuance of the Notice to Proceed. New formwork shall be utilized in the construction of every concrete facility. The formwork shall be true to line and grade. The subcontractor shall notify the Construction Manager 72 hours prior to the required inspection. Exposed surfaces of concrete areas shall receive a double trowel finish. A total of one (1) set of cylinders and one (1) slump test shall be required for every 50 cubic yards of concrete, except that a minimum of one (1) set of cylinders and slump test shall be required each day twenty (20) or more yards of concrete are placed at a project site. The maximum allowable slump shall be 4 inches. A set of cylinders shall be composed of three (3) cylinders. The first cylinder of a set shall be tested after seven (7) days curing. The second cylinder of a set shall be tested after 28 days curing. The third cylinder shall be held in reserve and tested if directed by the Construction Manager. The test results will be forwarded to the Construction Manager for review. The Construction Manager shall receive a concrete vendor slip for each truck load of concrete delivered to the project site.

Prior to the placement of concrete, the subgrade depth shall be inspected to ensure that the full depth of concrete, as noted on the plans, is attained.

Excess fill material shall be removed as required by the Construction Manager.

The form boards shall be checked for the proper elevation. Compaction tests on the subgrade shall have achieved the density requirements specified. The Construction Manager shall then allow the placement of concrete.

The concrete shall be screeded and floated. All edges shall be struck with a concrete edger. Weakened plane joints shall be established at right angles to the sidewalk edge as illustrated on the Plans. The weakened plane joints shall be 3/8 inch in width and 3/4 inch in depth.

After the concrete surface has been floated and cured adequately, it shall receive a double trowel finish. The troweling shall be accomplished by hand with a steel trowel. The surface of the concrete shall receive a light broom finish after the surface is double troweled. The surface of the concrete shall be smooth and true to grade. Tolerance for the concrete surface shall be 1/8 inch in 10 lineal feet with maximum high and low variance not occurring in less than 20 feet. The Contractor shall maintain the concrete surface moist or wet for a 24-hour period after the concrete is placed and finished troweled.

Placement of burlap bags or used carpet over the concrete surface and a continuous application of water over the concrete surface will be required for a 24-hour period. The concrete surfaces shall be cleaned of all dirt and residue prior to the placement of the concrete sealer.

Concrete shall not be placed after 10:00 a.m. on Fridays.

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65 8. RETAINING WALL SYSTEM
PART 1 - GENERAL
Work includes furnishing and installing concrete block retaining wall units to the lines and grades designated on the construction drawings and as specified herein.

P.C.C. concrete, utilized for retaining wall foundations shall contain a minimum of 6.0 sacks per cubic yard of concrete (4,500 psi) Type V Portland Cement with a maximum water/cement ratio of 0.45 (by weight).

Delivery, Storage, and Handling
• Contractor shall check the materials upon delivery to assure proper material has been received.
• Contractor shall prevent excessive mud, cementitious material, and like construction debris from coming in contact with the materials. • Contractor shall protect the materials from damage. Damaged material shall not be incorporated in the project (ASTM C1372).

Contractor Requirements
Contractors shall be trained and certified by local manufacturer or equivalent accredited organization.
• Contractors shall provide a list of projects they have completed with similar retaining wall materials.

PART 2 - MATERIALS
Modular Wall Units
• Wall units shall be Allan Block Retaining Wall units or approved equal as produced by a licensed manufacturer.
• Wall units shall have minimum 28-day compressive strength of 3000 psi (20.7 MPa) in accordance with ASTM C1372. The concrete units shall have adequate freeze-thaw protection with an average absorption rate in accordance with ASTM C1372 or an average absorption rate of 7.5 lb./ft³ (120 kg/m³) for northern climates and 10 lb./ft³ (160 kg/m³) for southern climates.
• Exterior dimensions shall be uniform and consistent. Maximum dimensional deviations on the height of any two units shall be 0.125 in. (3 mm).
• Wall units hollow cores to be filled with solid grout • Exterior face shall be textured. Color as specified on plans.

Wall Rock
• Material must be well-graded compactable aggregate, 0.25 in. to 1.5 in., Commented [ON17]: Should we keep this?

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66 (6 mm - 38 mm) with no more than 10% passing the #200 sieve. (ASTM D422)
PART 3 – WALL CONSTRUCTION
Excavation
• Contractor shall excavate to the lines and grades shown on the construction drawings. Contractor shall use caution not to overexcavate beyond the lines shown, or to disturb the base elevations beyond those shown.
• Contractor shall verify locations of existing structures and utilities prior to excavation. Contractor shall ensure all surrounding structures are protected from the effects of wall excavation.

Foundation Soil Preparation
• Foundation soil shall be defined as any soils located beneath the retaining wall.
• Foundation soil shall be excavated as dimensioned on the plans and compacted to a minimum of 95% of Standard Proctor (ASTM D698) prior to placement of the base material.
• Foundation soil shall be examined by the on-site soils engineer to ensure that the actual foundation soil strength meets or exceeds assumed design strength. Soil not meeting the required strength shall be removed and replaced with acceptable material.

Class II Base Material
• Class II Base material shall be placed as shown on the construction drawing. Top of base shall be located to allow bottom wall units to be buried to proper depths as per wall heights and specifications. • Class II Base shall be compacted at 95% (ASTM 1557) to provide a level hard surface on which to place the first course of blocks. The base shall be constructed to ensure proper wall embedment and the final elevation shown on the plans.
• Class II Base material shall be a 12 in. minimum depth.

Unit Installation
• Install units in accordance with the manufacturer’s instructions and recommendations for the specific concrete retaining wall unit, and as specified herein.
• Ensure that units are in full contact with base. Proper care shall be taken to develop straight lines and smooth curves on base course as per wall layout.
• Fill all cores and cavities and a minimum of 12 in. behind the base course with wall rock. Use infill soils behind the wall rock and approved

Page 829 of 1747 ends

67 soils in front of the base course to firmly lock in place. Check again for level and alignment. Use a plate compactor to consolidate the area behind the base course. All excess material shall be swept from top of units.
• Install next course of wall units on top of base course. Position blocks to be offset from seams of blocks below. Perfect "running bond" is not essential, but a 3 in. (75 mm) minimum offset is recommended. Check each block for proper alignment and level. Fill all cavities in and around wall units and to a minimum of 12 in. (300 mm) depth behind block with wall rock. Block, wall rock and infill soil placed in uniform lifts not exceeding 8 in. (200 mm). Compaction requirements for all soils in areas in, around and behind the reinforced mass shall be compacted to 95% of maximum Standard Proctor dry density (ASTM D698) with a moisture content control of +1% to -3% of optimum.
• The consolidation zone shall be defined as 3 ft (0.9 m) behind the wall.

Compaction within the consolidation zone shall be accomplished by using a hand operated plate compactor and shall begin by running the plate compactor directly on the block and then compacting in parallel paths from the wall face until the entire consolidation zone has been compacted. A minimum of two passes of the plate compactor are required with maximum lifts of 8 in. (200 mm). Expansive or fine-grained soils may require additional compaction passes and/or specific compaction equipment such as a sheepsfoot roller. Maximum lifts of 4 in. (100 mm) may be required to achieve adequate compaction within the consolidation zone. Employ methods using lightweight compaction equipment that will not disrupt the stability or batter of the wall. Final compaction requirements in the consolidation zone shall be established by the engineer of record.
• Install each subsequent course in like manner. Repeat procedure to the extent of wall height. Individual course height may vary due to allowable block manufacturing tolerances per ATSM C1372. Contractor must verify wall height, if noted as being critical, prior to completion of construction to ensure the elevation of the top of the wall or the controlling elevation matches desired plan elevation, if noted as critical.

Contractor must follow this method for single walls or walls that branch off into a terraced orientation.

END OF TECHNICAL SPECIFICATIONS

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68 SPECIAL PROVISIONS

1. ORDER OF WORK
Prior to commencement of any work on the project, a preconstruction conference will be held for the purpose of review and discussion of progress schedule and construction procedures. At the discretion of the Community Services Director, periodic meetings involving project personnel (Contractor, utility and others) will be held for the purpose of coordinating project activities.

2. STARTING AND COMPLETION OF WORK
The work called for in these contract documents shall commence within (10) calendar days after that date set out in the Notice to Proceed issued by the City, and shall be diligently pursued to completion within (120) calendar days of said date.

3. FAILURE TO COMPLETE ON TIME AND LIQUIDATED DAMAGES
(See General Conditions 1-19) It is agreed by the parties to the contract that in case all work called for under the contract is not completed before or upon the expiration of the time limits set forth in these Special Provisions, damages will be sustained by the City and that it will be impracticable to determine the actual damage by which the City will sustain in the event of and by reason of such delay and it is therefore agreed that the Contractor will pay to the City the sum of five hundred dollars ($500) per day for each and every day of delay beyond the time prescribed to complete the work.

4. MAINTAINING TRAFFIC
The Contractor shall maintain two-way traffic in the work area in accordance with the “Manual of Traffic Controls for Construction and Maintenance Work Zones” and the MUTCD, 1990 Edition or as modified, available through the State of California, Department of Transportation, 1900 Royal Oaks Drive, Sacramento, California 95815.

Personal vehicles of the Contractor’s employees shall not be parked on the traveled way at any time, including any section closed to public traffic.

5. PERMIT FEES
. The General Contractor shall be responsible for paying all permit fees to the City.

6. CONSTRUCTION SIGN
The Contractor shall provide a four (4) foot tall by eight (8) foot wide construction sign to be visible to the public and maintained in good order for the duration of construction. Artwork for the sign shall be provided to the Contractor by the City.

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69 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.

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70 CERTIFICATION OF UNDERSTANDING

AND AUTHORIZATION
PROJECT NAME: CITY OF El Centro, Veteran’s Memorial Park Phase 2 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)

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71 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

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72 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

Page 835 of 1747 ends

73 “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.

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74 (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

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75 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
Title Title
Name Name
Signature Signature
(Amended by Stats. 2022, Ch. 427, Sec. 21. (SB 1489) Effective January 1, 2023.)

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76 PAYROLL FORMS

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77 STATE

PREVAILING WAGE
RATES

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78 CONSTRUCTION PLANS

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

SUBMITTED
ACTION ITEM (ID # 2025-439)
Item: 14.

Meeting: 1/20/2026 3:30 PM
Department: Public Works
Category: Resolution
Prepared by: Elizabeth Zarate, Analyst
Department Head: Abraham Campos
DOC ID: 2025-439
Resolution Declaring Emergency - WWTP Bar Screen Failure CITY MANAGER'S RECOMMENDATION:

Adopt Resolution No. 26- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO DECLARING THE NEED FOR AND AUTHORIZING THE EMERGENCY

REPAIR OF THE WASTEWATER TREATMENT PLANT BAR SCREEN
FISCAL IMPACT:

No impact to the General Fund. Project to be funded by the wastewater enterprise working capital. The estimated cost is about $800,000.00.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Environmental Sustainability & Infrastructure
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

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

NA
BACKGROUND:

The first piece of equipment that receives incoming sewer flow at the WWTP is a mechanical trash bar screen. The purpose of the screen is to remove inorganic materials (plastics, debris, etc.) from the wastewater stream before it enters the treatment process and to divert these materials for disposal at a landfill.

DISCUSSION:

The trash bar screen has corroded beyond repair and requires replacement. The cost of the replacement equipment is approximately $400,000, and the labor to remove and replace the equipment—along with the required concrete repairs—is estimated at an additional $400,000. The total estimated cost of the repair is $800,000.

Currently, the plant is operating using manual methods for this process. Immediate replacement of the equipment is necessary to protect public health and safety and to prevent violations of State wastewater permit requirements.

CONCLUSION:

Adopt Resolution No. 26- , Resolution of the City Council of the City of El Centro declaring the need for and authorizing the emergency repair of the Wastewater Treatment Plant Bar Screen.

ATTACHMENTS:

1. Resolution 26-

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12/2025/cdz/A25-0222/Reso/LocalEmergencyRepairs/
WWTPBarScreen 1
RESOLUTION NO. 26-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO DECLARING THE NEED FOR AND AUTHORIZING

THE EMERGENCY REPAIR OF THE WASTEWATER

TREATMENT PLANT BAR SCREEN
WHEREAS, the wastewater treatment plant trash bar screen recently and suddenly failed due to deteriorated metals at the channel due to the corrosive environment; and WHEREAS, without the screen, the Wastewater Treatment Plant is currently operating via temporary manual measures; and
WHEREAS, it is necessary to repair or replace the failed trash bar screen to maintain compliance with the provisions of state law; and
WHEREAS, Public Contract Code Section 22050 provides that in the case of an emergency, with the authorization of the City Manager, a city may proceed to make emergency repairs without bids and in compliance with other public works requirements; and WHEREAS, the City Council finds that the repair of the trash bar screen at the El Centro Wastewater Treatment Plant constitutes an emergency as defined in Public Contract Code Section 22050 and confirms that action may be taken without bidding, and in compliance with other processes, to protect the sewer system and public health and safety; and WHEREAS, the City Council shall review this emergency authorization at each regular meeting until such time as the City Manager reports the repair is complete; and WHEREAS, the anticipated cost of the repair is $800,000, which will be funded from the sewer enterprise fund.

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

1. The Recitals set out above are true and correct.

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12/2025/cdz/A25-0222/Reso/LocalEmergencyRepairs/
WWTPBarScreen 2

2. The City Council confirms that the City Manager is authorized to take any and all necessary action to repair the trash bar screen at the Wastewater Treatment Plant.

3. The City Manager is further directed to place a report and review of such action on upcoming regular meeting agendas until the replacement has been completed.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on day of , 2026.

CITY OF EL CENTRO
By _____________________
Michael Crankshaw, Mayor
ATTEST:

By _____________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:

Office of the City Attorney
By________________________________
Joanna Hoff, City Attorney

STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California do hereby certify that the foregoing Resolution No. 26- was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

By__________________________
Norma Wyles, City Clerk

Page 844 of 1747 ends

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

SUBMITTED
ACTION ITEM (ID # 2025-219)
Item: 15.

Meeting: 1/20/2026 3:30 PM
Department: Public Works
Category: Action Item
Prepared by: Elizabeth Zarate, Analyst
Department Head: Abraham Campos
DOC ID: 2025-219
Adoption of the City’s Water Master Plan and Sewer Master Plan CITY MANAGER'S RECOMMENDATION:

Adopt the Water Master Plan and Sewer Master Plan as presented, and authorize staff to utilize the plans as guiding documents for future capital improvement planning, budgeting, grant applications, and coordination with the City’s water and sewer rate study.

FISCAL IMPACT:

NA. This is a planning document only.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Environmental Sustainability & Infrastructure
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

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

NA
BACKGROUND:

The City’s existing Water and Sewer Master Plans were last comprehensively updated more than 17 years ago. Since that time, the City has experienced changes in regulatory requirements, infrastructure condition, system operations, and long-term capital needs. In addition, several major system investments have been made, including the construction of a new Water Treatment Plant, while other portions of the systems have continued to age beyond their intended useful life.

To address these changes and provide a modern planning framework, the City Council authorized the retention of Dudek at its July 31, 2024, meeting to prepare updated Water and Sewer Master Plans. The master plans are intended to serve as long-range planning documents that assess the current condition and capacity of the City’s utility systems, evaluate future needs based on anticipated growth, and identify capital improvement projects necessary to maintain system reliability, protect public health, and ensure regulatory compliance.

The master planning effort represents the City’s first comprehensive utility system evaluation in nearly two decades and is closely coordinated with the City’s ongoing water and sewer rate study to ensure that recommended improvements are financially sustainable.

DISCUSSION:

Master Plan Goals and Approach

Page 845 of 1747 ends

The primary goal of the Water and Sewer Master Plans is to provide the City with a clear, data-driven roadmap to guide system reinvestment and long-term decision-making. Key objectives of the effort included:
• Confirming the current condition and performance of the water distribution and sewer collection systems
• Evaluating system capacity under existing and projected future demands • Identifying critical infrastructure deficiencies and operational risks • Developing prioritized capital improvement recommendations • Coordinating infrastructure needs with the City’s rate study and financial planning The master plans were developed using system modeling, field condition assessments, review of historical data, and coordination with City staff.

General System Overview
Water System
The City’s water system includes approximately 157 miles of water pipeline, eight storage reservoirs, two booster pump stations, and a City-owned Water Treatment Plant with a rated capacity of 21 million gallons per day. Water supply is delivered via the All-American Canal. While the new Water Treatment Plant is in good condition overall, portions of the distribution system, pump stations, and storage facilities include assets that are several decades old and approaching or exceeding their useful life.

Sewer System
The sewer system consists of approximately 123 miles of gravity sewer pipeline, 15 lift stations, and a City-owned Wastewater Treatment Plant rated at 8 million gallons per day.

Much of the sewer infrastructure is more than 50 years old, with some deep pipelines and lift stations presenting ongoing maintenance, safety, and reliability challenges.

Key Findings – Water System
The Water Master Plan identified several key issues affecting system reliability and service levels, including:
• Aging pump station infrastructure, particularly at the former Water Treatment Plant site, where mechanical, electrical, and structural components have exceeded their useful life • Reservoirs and pump stations generally in fair condition, requiring planned rehabilitation or replacement within the next 10 years
• Portions of the water distribution system with pipelines that have exceeded or are nearing the end of their useful life
• Limited redundancy in some newer development areas served by single supply lines • Inability to meet current fire flow requirements in certain locations without system improvements
To address these issues, the plan recommends a combination of pump station upgrades, reservoir rehabilitation, pipeline replacement and upsizing, and system redundancy improvements.

Key Findings – Sewer System
The Sewer Master Plan found that while most sewer pipelines meet hydraulic capacity criteria, significant condition-related deficiencies exist throughout the system, including:

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El Centro City CouncilJanuary 20, 2026

El Centro City Council
January 20, 2026