Agenda packet — Public Works & Transportation Committee, March 22, 2022

Written materials relating to an item on this agenda that are distributed to the legislative bodies within 72 hours before the item is to be considered at its regularly scheduled meeting will be made available for public inspection at the City Clerk’s Office, 300 West Third Street 4th Floor during customary business hours. Agenda reports are also on the City of Oxnard web site at www.oxnard.org.

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Agenda Item time estimates: (Presentation / Committee Discussion / Public Comment) AGENDA

OXNARD CITY COUNCIL

PUBLIC WORKS AND TRANSPORTATION COMMITTEE
Council Chambers, 305 West Third Street
March 22, 2022
Regular Meeting - 8:30 to 10:00 PM
(Temporary Time Change)
Zoom details to call-in for public comment during a meeting:

1. Dial Phone Number: (888) 475-4499

2. Enter Meeting ID: 881 9330 5949

3. Passcode: 618546
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This meeting is being held in accordance with Assembly Bill 361, allowing members of the City Council, members of the public and staff to participate via teleconference.

Consistent with City policies imposed to promote social distancing, the facility where the City Council regularly meets is temporarily closed to the public. The public is encouraged to view the meeting from home on Spectrum channel 10, Frontier channel 35, or YouTube at Youtube.com/oxnardnews. Video recordings of the meeting are typically available online following the meeting at the City’s website at www.oxnard.org/city-meetings.
*Please see the link for the Measure M pre-recorded presentation video for each item listed on this agenda.

YOU MAY PARTICIPATE IN THE MEETING IN THE FOLLOWING WAYS:

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2. PROVIDING PUBLIC COMMENTS DURING THE MEETING
a. To provide public comment without requesting to speak prior to the meeting, during the meeting dial (888) 475-4499 and enter the Meeting ID and Passcode listed above as the Zoom details for this meeting. b. Public comments on agenda items shall be taken following the announcement of the item. After the item is announced, members of the public shall have three minutes to register or otherwise be recognized for the purpose of providing public comment. During this three-minute time period, public comments may be taken and the City Council or staff may discuss the item being considered or briefly respond to public comments.

Detailed participation instructions can be found at www.oxnard.org/city-meetings.

In the event of a disruption which prevents a legislative body of the City of Oxnard from broadcasting a meeting using a call-in option or internet-based service option, or in the event of a disruption within the City’s control which prevents members of the public from offering public comment using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing 1 OXNARD CITY COUNCIL: PUBLIC WORKS AND TRANSPORTATION COMMITTEE March 22, 2022 - Page 2
on a meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. However, if any of the broadcast options are disrupted, but any of the other broadcast options is still available to the public, the legislative body may take further action on items appearing on a meeting agenda without waiting for the disrupted broadcast option(s) to be restored. * The City has filed pre-election and post-election lawsuits regarding the validity of Measure M.

A. ROLL CALL, POSTING OF AGENDA, FLAG SALUTE

B. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA

A person may address the legislative body only on matters not appearing on the agenda and within the subject matter jurisdiction of the legislative body. Speaker requests shall be submitted as set forth on the first page of this agenda. Speakers are limited to three minutes. After 30 minutes, if all speakers have not had the opportunity to speak, the remaining speakers will be given an opportunity to speak prior to adjournment of the meeting. The legislative body cannot enter into a detailed discussion or take action on any items presented during public comments at this time. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion. Persons wishing to speak on public hearing items should do so at the time of the hearing.

C. CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the Public Works and Transportation Committee approve the minutes of the March 8, 2022 regular meeting as presented.

Legislative Body: Public Works and Transportation Committee Contact: Rose Chaparro, (805) 385-7805
D. REPORTS

1. Public Works Department
SUBJECT: Purchase of Heavy Equipment from Quinn Company for the Public Works Department. (0/5/5)

RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute a purchase order with Quinn Company in the amount of $539,307.22 for various heavy equipment for the Public Works Department.

Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/BsBDqje0y_g
Contact: Michael Wolfe, (805) 385-8055

2. Public Works Department
SUBJECT: Second Amendment to Agreement 8795-19-PW to Casamar Group LLC for On-Call Labor Compliance Monitoring and Reporting Services. (0/5/5)

RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute a Second Amendment to Agreement 8795-19-PW with Casamar Group, LLC in the amount of $500,000 for a new not to exceed contract amount of $1,000,000 with a three percent (3%) per year rate increase effective October 15, 2022 and to extend the term to October 14, 2025 for professional services for labor compliance monitoring.
2 OXNARD CITY COUNCIL: PUBLIC WORKS AND TRANSPORTATION COMMITTEE March 22, 2022 - Page 3
Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/gEq1esbqiYA
Contact: Michael Wolfe, (805) 385-8055

3. Public Works Department
SUBJECT: Agreement A-8442 with Clean Earth Environmental Solutions, Inc. for the Collection, Removal, Transport, Recycling, and Disposal of Recyclable Household Hazardous Waste. (0/5/5)

RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council authorize the Mayor to execute Agreement A-8442 with Clean Earth Environmental Solutions, Inc. in an amount not to exceed $750,000 for a three-year term; for the collection, removal, transport, recycling, and disposal of Recyclable Household Hazardous Waste (RHHW).

Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/jJ62SZzAHSk
Contact: Michael Wolfe, (805) 385-8055

4. Public Works Department

SUBJECT: Review of City’s proposed New Residential Curb Cut Policy to Enhance the Parking Availability in Residential Areas by Allowing Curb Cuts and Adding Off-street Parking on Residential Property. (0/15/15)

RECOMMENDATION: That the Public Works and Transportation Committee:

1. Receive a summary report on the City’s existing and proposed curb cut policies;

2. Provide input on the proposed curb cut policies; and

3. Recommend that staff should present a formal updated curb cut policy to the City Council.

Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/KwXwS42Vtrc
Contact: Vyto Adomaitis, Michael Wolfe, (805) 385-7882, (805) 385-8055 E. ITEMS FOR FUTURE AGENDAS

F. ADJOURNMENT

3 PUBLIC WORKS AND TRANSPORTATION COMMITTEE

AGENDA REPORT

CONSENT AGENDA
AGENDA ITEM NO. C.1

DATE: March 22, 2022

TO: Public Works and Transportation Committee

FROM: Rose Chaparro, City Clerk, (805) 385-7805, [email protected]

SUBJECT: Approval of Minutes.

RECOMMENDATION

That the Public Works and Transportation Committee approve the minutes of the March 8, 2022 regular meeting as presented.

BACKGROUND

Approval of Minutes.

STRATEGIC PRIORITIES

This agenda item is a routine operational item.

FINANCIAL IMPACT

There is no financial impact.

Prepared by: Rose Chaparro, City Clerk

ATTACHMENTS

1. MINUTES 03 08 2022 Public Works & Transportation
4 MINUTES

OXNARD CITY COUNCIL

PUBLIC WORKS AND TRANSPORTATION COMMITTEE
Regular Meeting
MARCH 8, 2022

A. ROLL CALL, POSTING OF AGENDA, FLAG SALUTE
At 8:30 p.m., Chair Bert E. Perello called to order the regular meeting of the Oxnard City Council Public Works & Transportation Committee in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California. The City Clerk called the roll and announced the posting of the agenda. Chair Bert Perello and Member Vianey Lopez were present via videoconference. Member John C. Zaragoza was present in person.

Staff members present in person were Alexander Nguyen, City Manager ; Paul Early, Assistant City Attorney; and Rose Chaparro, City Clerk.

Staff members that participated via videoconference were Shiri Klima, Deputy City Manager ; Michael Wolfe, Publi c Works Director; Steve Howlett, Assistant Public Works Director; Omar Castro, Water Division Manager; Jan Hauser, Wastewater Division Manager; Jeff Miller, Wastewater Infrastructure Manager; Steve McNaughten, Fire Marshal; and Steve Newman, Deputy Building Official.

B. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA (None received.)

C. CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the Public Works & Transportation Committee approve the minutes of the February 22, 2022 regular meeting as presented.

It was moved by Chair Perello, seconded by Member Lopez, to approve the Information/Consent item with one request for correction. VOTE: Lopez, Zaragoza, and Perello voted in favor; the motion carried 3-0.

D. REPORTS

1. Public Works Department
SUBJECT: Agreement A-8436 with Howden Roots LLC, for Wastewater Blower Services. (0/5/5)

RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute the following for a total of $257,989.85 in project funds for wastewater blower maintenance and repair services:

1. Agreement A-8436 with Howden Roots LLC, in the amount of $224,339 through a term of December 31, 2022; and

2. A 15% Project contingency in the amount of $33,651.

Michael Wolfe, Public Works Director ; Jan Hauser, Wastewater Division Manager ; and Jeff Miller, Wastewater Infrastructure Manager answered the Committee’s questions. No public comments were received. Discussion ensued among the Committee and staff.

It was moved by Member Lopez , seconded by Member Zaragoza, to approve the recommended action as 5 MARCH 8, 2022 OXNARD CITY COUNCIL PAGE 2

PUBLIC WORKS & TRANSPORTATION COMMITTEE

presented. VOTE: Perello, Zaragoza, and Lopez voted in favor; the motion carried 3-0.

2. Public Works Department

SUBJECT: Report of Stormwater Diversion Into the Oxnard Wastewater Treatment Plant (OWTP) for Recycled Water Use. (0/5/5)

RECOMMENDATION: That the Public Works and Transportation Committee receive and file a report on the diversion of stormwater to the sanitary sewer for the purpose of increasing available source water for the Advanced Water Purification Facility (AWPF).

Jan Hauser, Wastewater Division Manager and Steve Newman, Deputy Building Official answered the Committee’s questions. No public comments were received . Discussion ensued among the Committee and staff. Report was received and filed. No formal action was required.

3. Public Works Department

SUBJECT: Agreement A-8443 to Oilfield Electric Company for On Call Electrical Repair, Maintenance and Replacement Services Project Specification No. PW 22-69. (0/5/5)

RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute Agreement A-8443 with Oilfield Electric Company in the amount not to exceed $750,000 for a three-year term for the On Call Electrical Repair, Maintenance and Replacement Services Project Specification No. PW 22-69.

Michael Wolfe, Public Works Director answered the Committee’s questions. No public commen ts were received. Discussion ensued among the Committee and staff.

It was moved by Chair Perello, seconded by Member Zaragoza, to approve the recommended action as presented. VOTE: Perello, Lopez, and Zaragoza voted in favor; the motion carried 3-0.

4. Public Works Department
SUBJECT: Fire Hydrant Operations Report (0/5/5)

RECOMMENDATION: That the Public Works and Transportation Committee receive and file the Fire Hydrant Operations report.

Omar Castro, Water Division Manager and Steve McNaughten, Fire Marshal answered the Committee’s questions. No public comments were received . Discussion ensued among the Committee and staff. Report was received and filed. No formal action was required.

E. ITEMS FOR FUTURE AGENDAS (No requests were made.)

F. ADJOURNMENT
There being no further business on the agenda, and without objection, Chair Perello adjourned the meeting at 9:45 p.m.

6 MARCH 8, 2022 OXNARD CITY COUNCIL PAGE 3

PUBLIC WORKS & TRANSPORTATION COMMITTEE

ROSE CHAPARRO BERT E. PERELLO
City Clerk Chair

7 PUBLIC WORKS AND TRANSPORTATION COMMITTEE

AGENDA REPORT

REPORTS
AGENDA ITEM NO. D.1

DATE: March 22, 2022

TO: Public Works and Transportation Committee

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]

SUBJECT: Purchase of Heavy Equipment from Quinn Company for the Public Works Department. (0/5/5)

RECOMMENDATION

That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute a purchase order with Quinn Company in the amount of $539,307.22 for various heavy equipment for the Public Works Department.

Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/BsBDqje0y_g

BACKGROUND

The City of Oxnard’s Public Works Department is requesting the purchase of five pieces of heavy equipment and two accessory pieces. These aged heavy equipment and accessories include: two skid steers, one skip loader, one cold planer, one compact loader, one diesel generator, and one damper bucket with grappler.

Purchase of the aforementioned heavy equipment and accessories will ensure safety, increase efficiency and reliability, and decrease the need for outside contractors and rental services. The heavy equipment will also meet updated regulations from the California Air Resources Board (CARB) as well as the Certified Unified Program Agency (CUPA).

DISCUSSION
The seven pieces of heavy equipment and accessories will be procured using various Sourcewell cooperative agreements. As a Sourcewell cooperative member, the City of Oxnard (City) can take advantage of the nationwide competitive bidding process outcomes conducted by the Sourcewell Cooperative. Cooperative agreements 032119-CAT and 120617-CAT for heavy construction equipment with related accessories will be used for this purchase.

All heavy equipment being replaced through this purchase will be turned over to the Fleet Division where the equipment will be auctioned off to the highest bidder, or properly decommissioned. All new purchased equipment will be compliant with CARB emission requirements. For most of the new equipment, the expected delivery is by June 30, 2022. For Wastewater and Environmental Resources, the delivery will be delayed to Fiscal Year 2022-23 resulting from supply and shipping complications due to the pandemic.

Wastewater
8 The Wastewater Division is requesting the replacement of a 1993 Skip Loader and a 2001 Skid Steer for use at the Wastewater Treatment Plant (OWTP), and a 2005 diesel generator for use at Lift Station 28. As part of daily operations at the Wastewater Division, staff use a skip loader and skid steer to perform various cleaning, loading, and maintenance projects throughout the plant and the sewer collection system. A skip loader is commonly used by staff to complete cleanup of the Activated Sludge Tanks, which consists of disposing of thousands of pounds of residuals. The skid steer is used to assist in manhole raising, manhole replacement, channel maintenance, and cleaning of the OWTP dumping area. The diesel generator is used at sewer lift station 28 as a backup power source. Should this lift station experience a power disruption, the generator ensures continuous operation and prevention of sanitary sewer overflow. Pursuant to State requirements, the existing wastewater skip loader and skid steer have been taken out of operation as of January 1, 2022, as they no longer meet the emission requirements set forth by the CARB. The existing generator at sewer lift station 28 is beyond its useful life, no longer efficient, and will no longer pass CUPA inspection.

Streets
The Streets Division is requesting the purchase of a compact track loader and of a cold planer for infrastructure maintenance utilization throughout the City. These two pieces of equipment will be replacements for the 2005 track loader and 2005 cold planer, which are outside of the emission requirements set forth by the CARB.

The compact track loader is used for daily street maintenance repairs to sidewalks, streets, alleys, beach sand and weed abatement cleanups. The track loader is a versatile piece of equipment for loading and unloading materials. This piece of equipment can also be used with multiple attachments that are necessary for maintenance repairs, such as forks, concrete breakers and a bucket. It can also be used with a cold planer.

The cold planer is designed for small paving jobs in residential and commercial applications, and it is primarily used to restore asphalt and concrete surfaces. The cold planer is ideal for milling imperfections before resurfacing, removing deteriorated pavement, removing traffic lane stripes and other various maintenance jobs.

Environmental Resources
The Environmental Resources Division is requesting the purchase of a skid steer and damper bucket with grappler for utilization at the Del Norte Material Recycling Facility. The existing John Deer skid steer machine, purchased in 2008, was put out of service on December 31, 2021 because it is beyond its useful life and falls outside of the emission requirements set forth by CARB. The skid steer machine plays a vital role in the daily operations at the Del Norte Recycling and Transfer Station. The machine assists in sorting material on the tipping floor, placing recycled material on the conveyor infeed for processing and assisting in the self-haul area.

Recently, the Del Norte Regional Transfer Station purchased six tipper trailers. Tipper trailers allow for quick and easy unloading at the landfill by using a tipper machine. While the use of tipper trailers is superior in terms of efficiency, there are occasions where they are found to be slightly overweight upon scaling out before leaving the Del Norte Facility. The purchase of the damper bucket with grappler will allow the 950 wheel loader to quickly reach into the tipper trailer if necessary and remove material until the desired weight is achieved. The damper bucket with grappler that we are requesting attaches to an existing 950 wheel loader and is the most cost-effective and timely way to ensure that the maximum weight of transfer trucks is not exceeded when exiting the facility en route to the landfill for disposal.

STRATEGIC PRIORITIES

This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and 9 natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.

FINANCIAL IMPACT

The total cost of this purchase order with Quinn Company shall not exceed $539,307.22. There are sufficient appropriations in each of the respective funds in Public Works for this purchase.

Item No. Equipment Division Account Cost
1 415 IL Skip Loader Wastewater 621-6205-891-8606 $107,465.90 2 262D3 Skid Steer Wastewater 611-6103-891-8606 $70,646.95 3 D80-8 Diesel
Generator
Wastewater 621-6205-891-8606 $92,080.32
4 289D3 Compact
Loader
Streets 101-5704-803-8606 $120,168.35
5 PC306 Cold Planer Streets 104-5704-803-8606 $33,764.81 6 262D3 Skid Steer Environmental Resources 631-6313-891-8606 $73,297.06 7 WT-MWL Damper
Bucket with
Grappler
Environmental Resources 631-6313-891-8606 $41,883.83
Total $539,307.22

Prepared by: Jan Hauser, Wastewater Division Manager, Todd Vasquez-Housley, Environmental Resources Division Manager, Brian Yanez, Assistant Public Works Director

ATTACHMENTS

1. (WW) 415 IL Skip Loader

2. (WW) 262D3 Skid Steer

3. (WW) D80-8 Diesel Generator

4. (Streets) 289D3 Compact Loader

5. (Streets) PC306 Cold Planer

6. (ER) 262D3 Skid Steer

7. (ER) Damper Bucket w/Grappler

8. Presentation
10 Quote 148607-01

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148607-01

February 9, 2022

CITY OF OXNARD WASTE WATER TREATMENT PLANT

ATTN ACCOUNTS PAYABLE
6001 PERKINS RD
OXNARD, California 93033-9047

Attention: CLIFF REILLY

Dear Sir,

We would like to thank you for your interest in our company and our products, and are pleased to quote the following for your consideration.

One (1) New Caterpillar Inc. Model: 415IL Backhoe Loader including standard and optional equipment as listed below.

STOCK NUMBER: 415IL SKIPLOADER SERIAL NUMBER: NEW YEAR: 2022 SMU: 2

We wish to thank you for the opportunity of quoting on your equipment needs. This quotation is valid for 90 days, after which time we reserve the right to re-quote. If there are any questions, please do not hesitate to contact me.

Sincerely,

Barry Tovey
Machine Sales Representative

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One (1) New Caterpillar Inc. Model: 415IL Backhoe Loader including standard and optional equipment as listed below.

STANDARD EQUIPMENT

BOOMS, STICKS, AND LINKAGES -LOADER -- Single Tilt Loader -- Lift cylinder brace -- Self-leveling loader with single -lever control -- Return-to-dig -(automatic bucket positioner) -- Transmission neutralizer switch -- Bucket level indicator -

POWERTRAIN -- Cat C3.6, 55kw -EPA Tier 4 Final Certified Engine -EU Stage 5 Certified Engine with -aftertreatment -Net Power @ Rated (2200RPM) is 69HP -(51kW) -Gross Power @ Rated (2200RPM) is 74HP -(55kW) -- Water separator -- Thermal starting aid system -- Dry type axial seal air cleaner with -- Integral precleaner -- Automatic dust ejection system -- Filter condition indicator -- Hydraulically boosted multi-plate wet -disk brake with -- Dual pedals & Interlock -- Differential lock -- Drive-line parking brake -- Torque converter -- Four Wheel Drive -- Transmission-four speed manual shift -- Neutral safety switch -- Spin-on filters for -Fuel -Engine oil -Transmission oil -- Outboard Planetary Rear Axles -- Diesel Particulate Filter -- Hydrostatic power steering

HYDRAULICS -- Load sensing, variable flow system -with 35 gpm (132 L/min) axial piston -pump -- 6 micron hydraulic filter -- Caterpillar XT-3 hose -- Hydraulic oil cooler -- Flow-Sharing Hydraulic Valves -- Hydraulic suction strainer

ELECTRICAL -- 12 volt electrical start -- 150 ampere alternator -- Horn, front and rear -- Backup alarm -- Hazard flashers/turn signals -- Halogen head lights (2) -- Halogen rear flood lights (2) -- Stop and tail lights -- Audible system fault alarm -- Key start/stop system -- 850 CCA maintenance free battery -- Battery disconnect switch -- External Power Receptacle (12v) -

OPERATOR ENVIRONMENT -- Interior rearview mirror -- Rear fenders -- ROPS canopy -- Foot throttle -- Mechanical suspension seat -- Coat Strap -- Lockable storage area -

FLUIDS -- Antifreeze - Extended Life Coolant --20F (-30C)

OTHER STANDARD EQUIPMENT -- Standard Storage Box -- Transport tie-down points -- Ground line fill fuel tank with -42.3 gal (160L) capacity -- Rubber impact strips on radiator -guard -- CD-ROM Parts Manual -- Safety Manual -- Operations and Maintenance Manual -- Lockable hood -- Tire Valve Stem Protection -

12 Quote 148607-01

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MACHINE SPECIFICATIONS
415 07A IL BACKHOE LOADER 542-8000
LANE 2 ORDER 0P-9002
HYDRAULICS, MP, 3FCN/5BNK 545-7229
CANOPY 545-7230
WORKLIGHTS (4) LED LAMPS 491-6735
SEAT BELT, 3'' SUSPENSION 206-1748
TIRES,12.5 80/16.9-24, GY/TI 464-9639
COUNTERWEIGHT, 530 LBS 337-9695
HITCH 3 POINT 462-5281
BUCKET-MP, 1.3 YD3, PO 337-7436
CUTTING EDGE, TWO PIECE 9R-5321
RIDE CONTROL 558-8376
INSTRUCTIONS, ANSI 596-7509
SERIALIZED TECHNICAL MEDIA KI 421-8926
BEACON, MAGNETIC MOUNT, STROB 433-0154
PRODUCT LINK, CELLULAR, PLE64 560-6797
BATTERY, HEAVY DUTY 516-5913
COUNTERWEIGHT, 198 LBS 463-6939
PACK, DOMESTIC TRUCK 0P-0210
SHIPPING/STORAGE PROTECTION 461-6839
RUST PREVENTATIVE APPLICATOR 462-1033

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WARRANTY & COVERAGE
Standard Warranty: 12 Months Full Machine
Extended Coverage: 36 MO/1500 HR POWERTRAIN + HYDRAULICS + TECH (Tier 4) CSA 36 Months / 1,500 Hours Parts Only (Includes SOS) (Quinn CVA)

PAYMENT TERMS

LIST PRICE $120,526.35

SOURCEWELL DISCOUNT CITY OF OXNARD (-22%) #032119-CAT -$26,515.80

SUBTOTAL $94,010.55

FREIGHT $2,400.00
PREP/PDI $1,950.00

Sub Total $98,360.55
Sales Tax (9.25%) $9,098.35

CA Tire Fee $7.00

TOTAL INVOICE $107,465.90

F.O.B/TERMS:

Oxnard Earthmoving

Accepted by___________________________________ on ____________________

______________________________
Signature

14 Quote 148607-01

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15 Quote 152859-01

Page 1 of 4 ends

152859-01

February 9, 2022

CITY OF OXNARD WASTE WATER TREATMENT PLANT

ATTN ACCOUNTS PAYABLE
6001 PERKINS RD
OXNARD, California 93033-9047

Attention: RAY TREVINO

Dear Sir,

We would like to thank you for your interest in our company and our products, and are pleased to quote the following for your consideration.

One (1) New Caterpillar Inc. Model: 262D3 Skid Steer Loader including standard and optional equipment as listed below.

STOCK NUMBER: NS0016467 SERIAL NUMBER: 0ZB204074 YEAR: 2022 SMU: 0

Sincerely,

Barry Tovey
Machine Sales Representative

16 Quote 152859-01

Page 2 of 4 ends

One (1) New Caterpillar Inc. Model: 262D3 Skid Steer Loader including standard and optional equipment as listed below.

STANDARD EQUIPMENT

POWERTRAIN -Cat C3.3B diesel engine --Gross horsepower per SAE J1349 -74.3 hp (55.4 kW) @ 2400 RPM --Electric fuel priming pump --Glow plugs starting aid --Liquid cooled, direct injection -Air cleaner, dual element, radial seal -S-O-S sampling valve, hydraulic oil -Filter, cartridge type, hydraulic -Filters, canister type, fuel -and water separator -Radiator / hydraulic oil -cooler (side-by-side) -Spring applied, hydraulically released, -parking brakes -Hydrostatic transmission -Four wheel chain drive -

HYDRAULICS -ISO or H pattern controls: -Electro/hydraulic implement control -Electro/hydraulic hydrostatic -transmission control

ELECTRICAL -12 volt electrical system -80 ampere alternator -Ignition key start/stop/aux switch -Lights: --Gauge backlighting --Two rear tail lights --Dome light -Backup alarm -Electrical outlet, beacon -

OPERATOR ENVIRONMENT -Operator warning system indicators: --Air filter restriction --Alternator output --Armrest raised/operator out of seat --Engine coolant temperature --Engine oil pressure --Glow plug activation --Hydraulic filter restriction --Hydraulic oil temperature --Park brake engages --Engine emission system -Gauges: fuel level and hour meter -Storage compartment with netting -Ergonomic contoured armrest -Control interlock system, when operator -leaves seat or armrest raised: --Hydraulic system disables --Hydrostatic transmission disables --Parking brake engages -ROPS cab, open, tilt up -Anti-theft security system w/6-button -keypad -FOPS, level I -Top and rear windows -Floormat -Interior rear view mirror -USB charging port -Horn -Hand (dial) throttle, electronic -

FRAMES -Lift linkage, vertical path -Chassis, one piece welded -Machine tie down points (6) -Belly pan cleanout -Support, lift arm -Rear bumper, welded

OTHER STANDARD EQUIPMENT -Engine enclosure - lockable -Extended life antifreeze (-37C, -34F) -Work tool coupler -Hydraulic oil level sight gauge -Radiator coolant level sight gauge -Radiator expansion bottle -Cat ToughGuard TM hose -Heavy duty flat faced quick disconnects -with integrated pressure release -Split D-ring to route work tool hoses -along side of left lift arm -Variable speed hydraulic cooling fan -Per SAE J818-2007 and EN 474-3:2006 and -ISO 14397-1:2007

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MACHINE SPECIFICATIONS
262D3 SKID STEER LOADER 512-4262
LANE 2 ORDER 0P-9002
CAB PACKAGE, PRO PLUS 588-9089
RIDE CONTROL 556-5899
BATTERY,HD,DISCONNECT, 850 CCA 568-5602
REAR LIGHTS 356-6082
DOOR, CAB, GLASS 539-8060
SEAT BELT, 3'' 542-6995
PRODUCT LINK, CELLULAR PL243 566-7115
TIRES, 12/16.5 CAT 10PR 185-8666
CERTIFICATION ARR, P65 563-1163
INSTRUCTIONS, ANSI, USA 512-3741
SERIALIZED TECHNICAL MEDIA KIT 421-8926
FILM, SELF LEVEL, ANSI 435-9238
FILM, RIDE CONTROL, ANSI 422-3445
COUNTERWEIGHT,MACHINE,EXTERNAL 345-5148
PACK, DOMESTIC TRUCK 0P-0210
BUCKET-GP, 80'', BOT 279-5378

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WARRANTY & COVERAGE
Standard Warranty: 24 MONTHS / 2,000 HOURS FULL MACHINE Extended Coverage: 36 MO/3000 HR POWERTRAIN + HYDRAULICS + TECH (Tier 4) CSA 36 MO / 1,500 HOURS PARTS ONLY (CFAS NAT'L OFFER)

LIST PRICE $76,113.00

Extended Warranty included
Machine Delivery and Prep $3,775.00 SOURCEWELL DISCOUNT (21%) ID#032119 CAT -$15,222.60

Net Balance $64,665.40

Sales Tax (9.25%) $5,981.55

AFTER TAX BALANCE $70,646.95

F.O.B/TERMS: OXNARD

Accepted by___________________________________ on ____________________

______________________________
Signature

19 QUOTATION AWA13955-01
3500 Shepherd Street, City of Industry, California 90601 Box 227044, Los Angeles, California 90022-0744 DATE: 02-09-22 PAGE 1 of 8 Quotation Expires: 04-29-22 ___

V
To: City Of Oxnard Waste Water

Attn. Cliff Reilly & Luis Ortega
Phone: 805-271-2209
Terms: Subject To Credit Approval

Special pricing under Sourcewell formally (NJPA) program

Caterpillar contract number Sourcewell 120617CAT
Sourcewell formally (NJPA) Member I.D. number for
City Of Oxnard 25781

Includes Caterpillar generator (Critical grade generator set) Site Location: Oxnard, CA

(1) New Caterpillar Model D80-8 Diesel Standby Generator Set EPA Certified Tier 3 / UL2200 Listed & IBC Certified Generator Set Rated 80 kW with fan, 60 Hz, Three phas e, 277/480 volts at 1800 RPM.

Generator includes standard equipment and accessories listed in the attached bill of material.

Pricing ……………………………………………… Caterpillar List: $62,053.20 Plus Tax ……………………………………………….. Non Caterpillar Items: $41,467.34 Plus Tax ………………………………………………………..…………. Total: $103,520.54 Plus Tax

Sourcewell (Formally N.J.P.A.) Pricing ……………………..………………….….: $84,284.05 Sale Tax (9.25%) Please confirm …………………………………………..…………: $7,796.27 Total ……………………………………………………………………………………: $92,080.32

NOTE: Delivery is estimated at 30 - 33 weeks upon receipt of written order, acceptance, approval, and/or release of equipment.
20 QUOTATION AWA13955-01
3500 Shepherd Street, City of Industry, California 90601 Box 227044, Los Angeles, California 90022-0744 DATE: 02-09-22 PAGE 2 of 8 Quotation Expires: 04-29-22 ___

Bill of Material Generator Set

Engine: Heavy duty Caterpillar industrial diesel engine

Model C4.4, 4 cylinder, in-line, 4.4 liter engine

Governor: Electronic

Electrical: 12 vdc, energized to run shutdown solenoid

Lead acid battery

Battery rack and cable

Cooling: Radiator and cooling fan, 125 deg F

Anti-freeze and corrosion inhibitor

Filtration: Dry air filters w/restriction indicator

Fuel filters

Full flow oil filters

Exhaust: Residential silencer, shipped loose on open units

Installed inside enclosure on enclosed units

Alternator: Drip proof self excited, brushless

Class H insulation

Automatic, fully sealed, voltage regulator

+/- 1.5% regulation

Baseframe
: Fabricated steel base

Lifting holes and anchor holes

Circuit breaker stub up area

Coupling: Single bearing generator with flexible drive plate

Mounts: Anti-vibration mounting pads between engine and base frame

Guards: Fan, fan drive, alternator pulley and belt guards

Radiator stone guard

Exhaust manifold heat guard

Fuel Sys: Fuel supply and return lines terminated at base frame, NPT threads

Controls: Automatic start/stop control panel

AC voltmeter, Ammeter, Frequency , tachometer

Hour meter

Coolant temperature gauge

Oil pressure gauge

Battery voltmeter

Off/On/Auto switch

Emergency stop button

Phase selector switch

Cycle crank timer

Common fault alarm contacts

21 QUOTATION AWA13955-01
3500 Shepherd Street, City of Industry, California 90601 Box 227044, Los Angeles, California 90022-0744 DATE: 02-09-22 PAGE 3 of 8 Quotation Expires: 04-29-22 ___

Shutdown: Fail to start

High coolant temperature

Low oil pressure

Overspeed

Wiring: AC and Dc wiring looms w/ multi pin connectors

Circuit
Brkr: UL listed molded case circuit breaker mounted in NEMA 1 enclosure

Manuals: (1) set Operation and Maintenance, wiring diagrams, trouble shooting

leaflets

Tests: Factory load test, control and device checks

Finish: Sheetmetal is degreased, phosphated and chromated

with a polyester powder finish. Engine and alternator are

cleaned and finished with a baked industrial high gloss

polyurethane paint

Additional Optional Generator Set Equipment Included In Sale Quotation:

Enclosure

Panel viewing window

Weather & sound attenuated enclosure (includes internal silencer system)

Color (white) Level 2 Sound
IBC certification wind
External stop button

Circuit Breaker

250 Amp (Qty. 2)

SUSE Bar & Label

Auxiliary voltfree contacts

Generator

Anti condensation heater
Alternator size LC3114F

Permanent magnet generator

Miscellaneous Accessories

NFPA 110 Upgrade
UL 2200 Listed Package Generator Set
IBC Seismic Cert Of Compliance

22 QUOTATION AWA13955-01
3500 Shepherd Street, City of Industry, California 90601 Box 227044, Los Angeles, California 90022-0744 DATE: 02-09-22 PAGE 4 of 8 Quotation Expires: 04-29-22 ___

Control System (Upgrade control panel EMCP 4.2B with options)

Panel mounted alarm
Volt free contacts
Oil Temp gauge

Overload alarm switch
Ground fault relay

I/O module (Shipped loose installed by others)
Oil temperature gauge

Mounting Accessories
Seismic vibration isolators

Fuel System
UL listed sub base mounted fuel tank
base (24 hour capacity) with fuel alarms
(low level / leak detected)
5 gallon spill bucket
12 foot vent extensions (standard vent)
12 foot vent extensions (emergency vent)

Cooling System

Coolant heater (High Efficiency)

Low coolant level shutdown
Coolant reservoir

Battery Charger
Standard battery
Battery charger

Miratech Passive DPF
Installed on generator set
Subject to Ventura County APCD
approval

Documentation
23 QUOTATION AWA13955-01
3500 Shepherd Street, City of Industry, California 90601 Box 227044, Los Angeles, California 90022-0744 DATE: 02-09-22 PAGE 5 of 8 Quotation Expires: 04-29-22 ___

UL 2200 listed package generator set
IBC Seismic Certification of Compliance
Operation and maintenance manual
Factory test reports
Standard test –Package generator set 0.8 PF
Alternator test report
PGS Test report @ 0.8 PF
Shop prep
Standard Warranty
Delivery to jobsite
Includes stinger truck crane service
Standard (Field test) (standard field test)
First CVA service (Included in sale quotation)
Fire Marshal testing not included in sale quotation if required Includes Disposal of existing generator set

PLEASE NOTE: No written specification’s provided for quotation

VERY IMPORTANT NOTE: As a supplier of equipment, Quinn Power Systems (QPS) disclaims responsibility for any and all permits or licenses necessary to design, install and operate the equipment due to zoning, air quality, building or c onstruction codes or use permits pertaining to buyers or buyers' client's, particular application of such equipment or any similar type of permit.

Special attention should be given to the requirements of the local Air Quality Management District (AQMD) rules, regulations and permit process. As an equipment supplier, QPS is proposing equipment to specifications as indicated herein. If additional equipment or engine modifications are required beyond the specifications as required by AQMD and Best Available Control Technology (BACT) guidelines, those items are not included.

For example, South Coast AQMD Rule 1470 requires controls and limits on particulate matter, especially when the engine installation is within 100 -meters from a school. Unless specificall y indicated in this proposal, compliance to this rule is the responsibility of others.

Ultra low sulfur fuel is required for particulate filters plus will be the required fuel starting in 2006.

When indicated in the bill of materials, the proposed equip ment may be SCAQMD pre -approved as certified equipment. This certification does not eliminate the permit process or responsibility of others to obtain a permit. Procurement of certified equipment assures permitability, reduces the permit processing fees and reduces the time necessary to obtain the permit.

Only those items listed are included. Not included is any exhaust or fuel piping, main fuel tank, fuel, duct work, special tools, insulation, wiring, cable, bus duct, concrete, anchor bolts, rigging or any material or labor incidental to the installation itself.

If delivery is delayed by customer (Buyer) beyond original shipment date, purchase price is due 30 days after original shipment date and a hold charge of 1% per month (12% per annum) of the purch ase price is due each month until delivery. Service charge of 1.5% per month (18% per annum) is applicable on any delinquent balance. 24 QUOTATION AWA13955-01
3500 Shepherd Street, City of Industry, California 90601 Box 227044, Los Angeles, California 90022-0744 DATE: 02-09-22 PAGE 6 of 8 Quotation Expires: 04-29-22 ___

When included, delivery, startup assistance, field testing, training or any other services required on site will be provided during the normal weekday working hours of 7:00 am to 4:30 pm. Delivery or services occurring at any other time, weekends or holidays is subject to additional charges.

Terms and conditions of Caterpillar warranty apply. The Manufacturers' warranties a re exclusive and in lieu of all other warranties either oral or written, express or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose. QPSA is not a manufacturer and makes no warranty and shall not, under any circumstances, be liable for any indirect or special, incidental or consequential damages including but not limited to loss of production, loss of profit, loss of use or business interruption, or any other economic loss, whether arising from cont ract, tort, strict liability or any other theory of law.

If construction of the facility or other delays are experienced or expected, which prohibit the initial startup of the equipment beyond one year from delivery, additional costs should be anticipated. Additional costs might include, but not be limited to long term storage preparation, inspection charges, parts, service etc.

Terms of payment are net 30 days, no retentions; subject to credit approval. Per Company procedure, QPSA will file a California “ Preliminary 20 -day notice” applicable per Section 3097 of the California Civil Code.

Important conditions for export transactions . This transaction if for the sale of equipment only, as requested and as detailed in this proposal. Not included is any star tup assistance, field -testing, training or any other services that might be required on site. Also not included is the responsibility of proper application and installation, installation audits, sea trials (if applicable), installation materials and the in stallation itself. To ensure proper application, installation, and warranty integrity, you are encouraged to contact the receiving Caterpillar Dealer for these services. The costs of these services are not included in the sale price nor will QPSA be respo nsible for any such related costs.

TERMS AND CONDITIONS

Acceptance of Order.

This Quotation if for Buyer's information only and is not a valid offer to sell unless signed by an officer of Seller in the place provided on the face of this Quotation. Pric es, terms and conditions in an order from Buyer which are inconsistent with the prices, terms and conditions of this Quotation will be rejected by Seller, and are of no force and effect unless accepted in writing by Seller. Prices, delivery schedules and the scope of work on this Quotation are subject to change at Seller’s discretion.

Liability.

Seller's liability on any claim of any kind, including claims for negligence, or for any loss or damage arising out of or connected with the manufacture, sale, delivery, resale or use of any products covered by or furnished under any order shall be limited to those claims arising solely from the acts of Seller and Seller shall in no way be liable for any special or consequential damages.

Any claims against Seller for shortages in shipments shall be made in writing to Seller within fifteen (15) days of receipt of shipment by Buyer. Unless otherwise provided for in writing, Seller's responsibility for shipment ceases upon delivery to carrier, and any claims for shortage, delays or damage occurring thereafter shall be made direct to carrier by Buyer.

Fulfillment of any order accepted by Seller is subject to strikes, labor disputes, lockouts, accidents, fires, delays in manufacture or in transportation, delays in deli very of component materials, floods, severe weather, or Acts of God, embargoes, governmental actions, or any other cause beyond the reasonable control of Seller.

Shipments.

Unless otherwise specified, shipment dates are approximate. Shipment of goods unde r any order accepted by Seller shall be subject to the approval by Seller of Buyer’s financial condition at the time of shipment. Whether or not terms of payment are specified elsewhere, Seller may, at its option, condition shipments under any order accept ed by Seller upon receipt of satisfactory security or of cash prior to shipment.
25 QUOTATION AWA13955-01
3500 Shepherd Street, City of Industry, California 90601 Box 227044, Los Angeles, California 90022-0744 DATE: 02-09-22 PAGE 7 of 8 Quotation Expires: 04-29-22 ___

If, at Buyer’s request, shipment of goods under any order accepted by Seller is delayed more than thirty (30) days after the shipment date specified in the order, or the date the goods are ready for shipment, whichever is later, Seller may require immediate payment in full and/or assess additional charges for the expenses incident to such delay.

Termination.

In the absence of a written agreement between Buyer and Seller expres sing different terms and conditions as to termination, any order accepted by Seller may be terminated prior to completion by Buyer only upon written notice to Seller and payment of Seller’s termination charges. If notice of termination is received by Sell er after Seller has committed to buy the principal components for any order, termination charges shall include the total profit anticipated by Seller. Additionally, Buyer’s instruction to Seller to stop work for thirty (30) days during the time specified for performance in any order may be construed by Seller as the equivalent of written notice of termination from Buyer.

Taxes.

Unless expressly stated, Seller's prices do not include sales, use, excise or similar taxes, which Seller may be required to pay in filling Buyer's order. The amount of any applicable tax shall be paid by Buyer as an additional charge unless specificall y included in any order accepted by Seller, or in lieu thereof, the Buyer shall provide Seller with a tax exemption certificate acceptable to the taxing authorities.

Patents.

Seller shall, at its own expense, defend and save Buyer harmless from the expenses and consequences of any suit or procedure brought against Buyer, based on a claim that the use or sale of goods specified in any order accepted by Seller constitutes an infringement of any United States letters of patent in existence on the date of any such order; provided Buyer promptly notifies Seller in writing and gives the necessary authorization, information and assistance fo r the defense of such a claim.

Changes.

Seller, and Seller's suppliers, may, at any time, without notice to Buyer, make changes (whether in design, materials, the addition of improvements, or otherwise) in any goods specified in any order accepted by Se ller without incurring any obligation of any kind as a result thereof, but only to the extent that such change does not cause the goods specified to fai l to meet Buyer's requirements. Buyer may, in its order, provide for changes in its requirements with pr ovision for a corresponding equitable change in the price, if any; but in no instance shall Buyer make changes, which are substantially different from the scope of the original order accepted by Seller.

Export Sales.

In the event the goods and services specified in any order accepted by Seller are for export, the Buyer shall be responsible for securing export, import and other licenses or authorizations as may be required.

26 QUOTATION AWA13955-01
3500 Shepherd Street, City of Industry, California 90601 Box 227044, Los Angeles, California 90022-0744 DATE: 02-09-22 PAGE 8 of 8 Quotation Expires: 04-29-22 ___

The quotation provided herein is for information only, and is not a valid offer to sell unless signed by a Sales Representative of Quinn Power Systems and an officer of your Company in the space provided below. Any offer to sell or any offer accepted shall be subject to the Terms and Conditions page. Unless expressly s tated on the face of this quotation, all prices, delivery schedules and product specifications are subject to change without notice. Quotation is good for 30 days, expires after that duration.

Signature: ____________________
Sales Representative: Allen Abramovitch
Cell: 805-431-3180
Office: 805-485-2171
Submitted By: Allen Abramovitch

ACCEPTED BY:

Company: ____________________

Signature: ____________________

Date: ____________________

27 Quote 154982-01

Page 1 of 6 ends

154982-01

January 6, 2022

CITY OF OXNARD STREET DIV

ATTN ACCOUNTS PAYABLE
1060 PACIFIC AVE BLDG 2
OXNARD, California 93030-7337

Attention: Alexander Hernandez

Dear Sir,

We would like to thank you for your interest in our company and our products, and are pleased to quote the following for your consideration.

One (1) New Caterpillar Inc. Model: 289D3 Compact Track Loader including standard and optional equipment as listed below.

STOCK NUMBER: NEW SERIAL NUMBER: YEAR: 2022 SMU:

We wish to thank you for the opportunity of quoting on your equipment needs. This quotation is valid for 60 days, after which time we reserve the right to re-quote. If there are any questions, please do not hesitate to contact me.

Sincerely,

Barry Tovey
Machine Sales Representative

28 Quote 154982-01

Page 2 of 6 ends

One (1) New Caterpillar Inc. Model: 289D3 Compact Track Loader including standard and optional equipment as listed below.

Standard Equipment

POWERTRAIN

Cat C3.3B diesel engine Filter, cartridge type, hydraulic -Gross horsepower per SAE J1349 Filters, canister type, fuel

74.3 hp (55.4 kW) @ 2400 RPM and water separator
-Electric fuel priming pump Radiator / hydraulic oil
-Glow plugs starting aid cooler (side-by-side)
-Liquid cooled, direct injection Spring applied, hydraulically released, Air cleaner, dual element, radial seal parking brakes
S-O-S sampling valve, hydraulic oil Hydrostatic transmission

UNDERCARRIAGE

Dual flange front idler, single flange Suspension - independent torsion axle(4) Rear idler Two speed motor

HYDRAULICS

ISO or H pattern controls: transmission control
Electro/hydraulic implement control Speed sensor guarding Electro/hydraulic hydrostatic

ELECTRICAL

12 volt electrical system -Two rear tail lights
80 ampere alternator -Dome light
Ignition key start / stop / aux switch Backup alarm
Lights: Electrical outlet, beacon
-Gauge backlighting

OPERATOR ENVIRONMENT

Operator warning system indicators: leaves seat or armrest raised:
-Air filter restriction -Hydraulic system disables
-Alternator output -Hydrostatic transmission disables
-Armrest raised / operator out of seat -Parking brake engages -Engine coolant temperature ROPS cab, open, tilt up
-Engine oil pressure Anti-theft security system w/6-button -Glow plug activation keypad
-Hydraulic filter restriction FOPS, Level I
-Hydraulic oil temperature Top and rear windows
-Park brake engages Floormat
-Engine emission system Interior rear view mirror
Gauges: fuel level and hour meter 12V electric socket
Storage compartment with netting Horn
29 Quote 154982-01

Page 3 of 6 ends

Ergonomic contoured armrest Hand (dial) throttle, electronic Control interlock dystem, when operator

FRAMES

Lift linkage, vertical path Belly pan cleanout
Chassis, one piece welded Support, lift arm
Machine tie down points (6) Rear bumper, welded

OTHER STANDARD EQUIPMENT

Engine enclosure - lockable Heavy duty flat faced quick disconnects Extended life antifreeze (-37C, -34F) with integrated pressure release Work tool coupler Split D-ring to route work tool hoses Hydraulic oil level sight gauge Along side of left lift arm Radiator coolant level sight gauge Hydraulic demand cooling fan Radiator expansion bottle Per SAE J818-2007 and EN 474-3:2006 and Cat ToughGuard TM hose ISO 14397-1:2007

30 Quote 154982-01

Page 4 of 6 ends

MACHINE SPECIFICATIONS
289D3 COMPACT TRACK LOADER 512-4289
LANE 3 ORDER 0P-9003
CAB PACKAGE, ULTRA 588-9134
RUBBER BELT, 2 SPD, TF IDLERS 357-0240
TRACK,RUBBER,450MM(17.7IN)BLCK 372-5790
HYDRAULICS, PERFORMANCE, (H3) 512-4319
CONTROL, ISO, PROP, WT 512-4115
RIDE CONTROL 556-5899
BATTERY,HD,DISCONNECT, 850 CCA 568-5602
LIGHTS, LED 495-1671
REAR LIGHTS 356-6082
ROPS, ENCLOSED WITH A/C (C3) 512-4195
SEAT,AIR SUSPENSION,CLOTH,HEAT 536-9738
DOOR, CAB, POLYCARBONATE 539-8061
STANDARD RADIO(12V),BLUETOOTH 345-6180
SEAT BELT, 3'' 542-6995
DISPLAY, ADVANCED, LCD, CAMERA 416-9265
FAN, COOLING, DEMAND 486-6957
PRODUCT LINK, CELLULAR PL243 566-7115
QUICK COUPLER, HYDRAULIC 512-3404
CERTIFICATION ARR, P65 563-1163
INSTRUCTIONS, ANSI, USA 512-3745
SERIALIZED TECHNICAL MEDIA KIT 421-8926
FILM,TWO SPEED W/HIGH FLOW XPS 568-4704
ROTATING BEACON 309-1325
COUNTERWEIGHT,MACHINE,EXTERNAL 345-5148
MOUNTING, FIRE EXTINGUISHER 563-7518
FILM, SELF LEVEL, ANSI 435-9238
FILM, RIDE CONTROL, ANSI 422-3445
PACK, DOMESTIC TRUCK 0P-0210
BUCKET-GP, 80'', BOCE 279-5377
BU118 SWEEPER
B8S HAMMER
FORK ASSEMBLY – 48” TINES
31 Quote 154982-01

Page 5 of 6 ends

WARRANTY & COVERAGE
Standard Warranty: 24 MONTHS / 2,000 HOURS FULL MACHINE Extended Coverage: 36 MO/3000 HR POWERTRAIN (Tier 4)
CSA 36 MO / 1,500 HOURS PARTS ONLY (INCLUDES SOS) (QUINN CVA)

**SOURCEWELL CONTRACT #032119-CAT

LIST PRICE – 289D3 $107,774.00
SOURCEWELL DISCOUNT (21%) -$22,632.54

LIST PRICE – B8S HAMMER $14,656.00
SOURCEWELL DISCOUNT (15%) -$2,198.40

LIST PRICE – BU118 SWEEPER $8,009.00
SOURCEWELL DISCOUNT (15%) -$1,201.35

LIST PRICE – FORK ASSEMBLY 48” $1,132.00 SOURCEWELL DISCOUNT (15%) -$169.80

MACHINE PREP AND FREIGHT $4,625.00

NET BALANCE $109,993.91
SALES TAX $10,174.44

AFTER TAX BALANCE $120,168.35

F.O.B/TERMS:

Accepted by___________________________________ on ____________________

______________________________
Signature

32 Quote 154982-01

Page 6 of 6 ends

33 Quote 153029-01

Page 1 of 4 ends

153029-01

October 22, 2021

CITY OF OXNARD STREET DIV

ATTN ACCOUNTS PAYABLE
1060 PACIFIC AVE BLDG 2
OXNARD, California 93030-7337

Attention: Alexander Hernandez

Dear Sir,

We would like to thank you for your interest in our company and our products, and are pleased to quote the following for your consideration.

One (1) New Caterpillar Inc. Model: WT-SSL Work Tool including standard and optional equipment as listed below.

STOCK NUMBER: SERIAL NUMBER: NEW YEAR: SMU:

CATERPILLAR PC306 COLD PALNER with WATER TANK

We wish to thank you for the opportunity of quoting on your equipment needs. This quotation is valid for 30 days, after which time we reserve the right to re-quote. If there are any questions, please do not hesitate to contact me.

Sincerely,

Barry Tovey
Machine Sales Representative

34 Quote 153029-01

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One (1) New Caterpillar Inc. Model: WT-SSL Work Tool including standard and optional equipment as listed below.

STANDARD EQUIPMENT

CONSIST NOTES: -This price list consists of Work Tools -for all models of Skid Steer Loader, -Multi-Terrain Loader and Compact Track -Loader -216, 226, 228, 232, 236, 239, 242, -246, 247, 248, 249, 252, 256, 257, -259, 262, 267, 268, 272, 277, 279, -287, 289, 297 and 299. -This Price List is split into the -headings below: -AUGERS -AUGER BITS -AUGER BITS: TREE FLIGHT -AUGER BITS:

ADAPTERS and EXTENSIONS -BACKHOES: BH130, BH150 - BH160 -BALE GRABS -BALE SPEARS -BLADES, ANGLE -BLADES, DOZER 6 WAY -BLADES, SMART GRADER -BROOMS: ANGLE -BROOMS: PICKUP -BROOMS: UTILITY -BRUSH CUTTERS -BUCKETS: GENERAL PURPOSE -BUCKETS: LOW PROFILE (DIRT) -BUCKETS: LIGHT MATERIAL -BUCKETS: MATERIAL HANDLING -BUCKETS: MIXING -BUCKETS: MULTI PURPOSE -BUCKETS: SKELETON -BUCKETS: UTILITY -BUCKET OPTIONS: TOOTH BARS -COLD PLANERS -COMPACTORS, VIBRATORY -CONVERSION KITS -CARRIAGES - FORKS / TINES -FORKS, UTILITY -INDUSTRIAL GRAPPLE FORKS -UTILITY GRAPPLE FORKS -INDUSTRIAL GRAPPLE BUCKETS -INDUSTRIAL GRAPPLE RAKES -UTILITY GRAPPLE BUCKETS -UTILITY GRAPPLE GROUP -HAMMERS -LANDSCAPE RAKES -LANDSCAPE TILLERS -MACHINE ATTACHMENTS -MATERIAL HANDLING ARM -MULCHERS -POWER BOX RAKES -WHEEL

SAWS -SHEAR -SILAGE DEFACER -SNOW BLOWERS -SNOW PLOW -SNOW PUSHES, STRAIGHT -SNOW WINGS -SECTIONAL SNOW PUSHES -STUMP GRINDERS -TRENCHERS -DEMO CONTROL KIT -FOR NORTH AND SOUTH AMERICA -Orders will automatically transfer -from CMOPS to Antares Parts Ordering. -FOR THE REST OF THE WORLD -This price list is for REFERENCE ONLY. -Work Tool orders must be placed using -Antares Parts Ordering. -FOR JAPAN -Please access the usual regional -resources to obtain pricing information. -For BCP Attachment Product and -Application Support -1-866-963-3531, Option #1, Option #2 -E-mail: [email protected] -For Order Management/Availability -Support -1-866-963-3531, Option #1, Option #1 -E-mail: [email protected] -IMPORTANT for EAC or EAEU Dealers: -(country codes: AM, BY, KY, KZ, RU) -Work tools that DO require certifica- -tion for the EAEU market access and -WILL NOT be certified by Caterpillar: -Augers, Box Blades, Backhoe Attachm., -Bale Grabs, Brush cutters, Compact- -ors, Cold planners, Grapple buckets -Hydr.Couplers, Material handlng arm, -Mixing Bucket, Mulchers, Rakes, Power -Box Rakes, Tillers, Silage Defacers, -Snow Blowers, Stump Grinders, -Trenchers, V-Plow Blades, Wheel Saws -Above statement is NOT related to the -compatibility of those tools to machines

35 Quote 153029-01

Page 3 of 4 ends

MACHINE SPECIFICATIONS
SKID STEER LOADER WORK TOOLS 0P-0096

COLD PLANER, PC306, 42GAL TANK 529-5791

36 Quote 153029-01

Page 4 of 4 ends

WARRANTY & COVERAGE
Standard Warranty: 12 MONTHS FULL MACHINE

LIST PRICE $35,360.00

Less Sourcewell Discount (15% Work Tools) #032119-CAT -$5,304.00 Freight/Prep $850.00

Net Balance Due $30,906.00
Sales Tax (9.25%) $2,858.81

After Tax Balance $33,764.81

F.O.B/TERMS: Oxnard

Philip Schwieder 2/2/2022
Accepted by___________________________________ on ____________________

______________________________
Signature

37 Quote 153466-01

Page 1 of 4 ends

153466-01

February 9, 2021

CITY OF OXNARD - DEL NORTE RECYCLING

ATTN JAMES TORREZ
111 S DEL NORTE BLVD
OXNARD, California 93030

Attention: Lupe Olguin

Dear Lupe,

We would like to thank you for your interest in our company and our products, and are pleased to quote the following for your consideration.

One (1) New Caterpillar Inc. Model: 262D3 Skid Steer Loader including standard and optional equipment as listed below.

STOCK NUMBER: NEW SERIAL NUMBER: YEAR: 2022 SMU: 0

Sincerely,

Barry Tovey
Machine Sales Representative

38 Quote 153466-01

Page 2 of 4 ends

One (1) New Caterpillar Inc. Model: 262D3 Skid Steer Loader including standard and optional equipment as listed below.

STANDARD EQUIPMENT

HYDRAULICS -ISO or H pattern controls: -Electro/hydraulic implement control -Electro/hydraulic hydrostatic -transmission control

FRAMES -Lift linkage, vertical path -Chassis, one piece welded -Machine tie down points (6) -Belly pan cleanout -Support, lift arm -Rear bumper, welded

39 Quote 153466-01

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MACHINE SPECIFICATIONS
262D3 SKID STEER LOADER 512-4262
LANE 3 ORDER 0P-9003
CAB PACKAGE, PRO 588-9087
HYDRAULICS, PERFORMANCE, (H1) 512-4317
CONTROL, ISO, PROP 512-4111
POWERTRAIN, ONE SPEED 512-4176
RIDE CONTROL 556-5899
BATTERY, HEAVY DUTY, 850 CCA 568-5606
LIGHTS, LED 495-1671
REAR LIGHTS 356-6082
ROPS, ENCLOSED WITH A/C (C3) 512-4195
SEAT, SUSPENSION, VINYL 532-7673
DOOR, CAB, POLYCARBONATE 539-8061
RADIO READY 345-6175
SEAT BELT, 3'' 542-6995
DISPLAY, ADVANCED, LCD, CAMERA 416-9265
FAN, COOLING, DEMAND 486-6957
PRODUCT LINK, CELLULAR PL243 566-7115
TIRES, 33X6X11 CAT FLEX SOLID 252-0377
QUICK COUPLER, HYDRAULIC 512-3404
CERTIFICATION ARR, P65 563-1163
INSTRUCTIONS, ANSI, USA 512-3741
SERIALIZED TECHNICAL MEDIA KIT 421-8926
ROTATING BEACON 309-1325
COUNTERWEIGHT,MACHINE,EXTERNAL 345-5148
MOUNTING, FIRE EXTINGUISHER 563-7518
FILM, RIDE CONTROL, ANSI 422-3445
PACK, DOMESTIC TRUCK 0P-0210
BUCKET-IND. GR, 80'', BOCE 217-6230

40 Quote 153466-01

Page 4 of 4 ends

LIST PRICE $80,147.00

Extended Warranty Included
Machine Delivery and Prep $3,775.00
Sourcewell Discount (21%) ID#032119-CAT - $16,830.87

Net Balance $67,091.13

Sales Tax $6,205.93

AFTER TAX BALANCE $73,297.06

F.O.B/TERMS: Oxnard

Accepted by___________________________________ on ____________________

______________________________
Signature

41 Quote 155629-01

Page 1 of 5 ends

155629-01

February 9, 2022

CITY OF OXNARD - DEL NORTE RECYCLING

ATTN JAMES TORREZ
111 S DEL NORTE BLVD
OXNARD, California 93030

Attention: JAMES TORREZ

Dear Sir,

We would like to thank you for your interest in our company and our products, and are pleased to quote the following for your consideration.

One (1) New Caterpillar Inc. Model: WT-MWL Work Tool including standard and optional equipment as listed below.

STOCK NUMBER: NEW SERIAL NUMBER: YEAR: SMU:

CUSTOM CAT TAMP BUCKET - 5.75YD

With Bolt On Cutting Edge

Sincerely,

Barry Tovey
Machine Sales Representative

42 Quote 155629-01

Page 2 of 5 ends

One (1) New Caterpillar Inc. Model: WT-MWL Work Tool including standard and optional equipment as listed below.

43 Quote 155629-01

Page 3 of 5 ends

MACHINE SPECIFICATIONS

FUSION 119'' 5.75 YD3 TAMP BUCKET WITH BOLT ON CUTTING EDGE

See Attached Specification Pictures

44 Quote 155629-01

Page 4 of 5 ends

WARRANTY & COVERAGE
Standard Warranty: 12 MONTHS

LIST PRICE $41,956.00
SOURCEWELL DISCOUNT (15%) ID# 032119-CAT -$6,293.40

SUB TOTAL $35,662.60

FREIGHT/PREP/DELIVERY $2,675.00

TOTAL $38,337.60

TAX $3,546.23

TOTAL INVOICE CITY OF OXNARD – DEL NORTE RECYCLING $41,883.83

PAYMENT TERMS

Cash Invoice Terms

CASH WITH ORDER
$0.00

F.O.B/TERMS:

ADDITIONAL CONSIDERATIONS
• Delivery is approx. 33 weeks from order

Accepted by___________________________________ on ____________________

______________________________
Signature

45 46
Public Works and Transportation Committee
March 22, 2022
Jan Hauser, Wastewater Division Manager
Todd Vasquez-Housley, Environmental Resources Manager
Phil Schwieder, Streets Manager

PURCHASE OF HEAVY EQUIPMENT FROM

QUINN FOR PUBLIC WORKS DEPARTMENT
47 That the Public Works and Transportation Committee
recommend that the City Council approve and authorize the Mayor to execute a purchase order with Quinn Company in the amount of $539,307.22 for various heavy equipment for the Public Works Department.

RECOMMENDATION 2
48 BACKGROUND 3
Public Works is purchasing five pieces of heavy equipment and two accessories to be compliant with updated emissions regulations from the California Air Resources Board (CARB) Purchase of new equipment will:
• Ensure compliance with emission regulations
• Ensure safety
• Increase efficiency and reliability
• Decrease the need for outside contractors and rental
services
• Meet updated regulations from the CARB
49 BACKGROUND 4
As a Sourcewell member, Oxnard can take advantage of
the nationwide competitive bidding process outcomes
conducted by the Sourcewell Cooperative
• Agreement 032119-CAT and 120617-CAT for heavy
construction equipment with related accessories,
attachments, and supplies will be utilized for these
purchases
50 DISCUSSION - WASTEWATER 5
Skip Loader
51 DISCUSSION - WASTEWATER 6
Skid Steer
52 DISCUSSION - WASTEWATER 7
Diesel generator for lift station 28
53 DISCUSSION – STREETS MAINTENANCE 8
Compact Loader
54 DISCUSSION – STREETS MAINTENANCE 9
Cold Planer
55 DISCUSSION – ENVIRONMENTAL RESOURCES 10
Skid Steer
56 DISCUSSION – ENVIRONMENTAL RESOURCES 11
Damper Bucket with Grappler
57 • This purchase order for one-time purchases shall not exceed $539,307.22
• Purchase will be funded using available appropriations FINANCIAL IMPACT 12
Item
No.

Equipment Division Account Cost

1 415 IL Skip Loader Wastewater 621-6205-891-8606 $107,465.90 2 262D3 Skid Steer Wastewater 611-6103-891-8606 $70,646.95 3 D80-8 Diesel Generator Wastewater 621-6205-891-8606 $92,080.32 4 289D3 Compact Loader Streets 101-5704-803-8606 $120,168.35 5 PC306 Cold Planer Streets 104-5704-803-8606 $33,764.81 6 262D3 Skid Steer Environmental
Resources
631-6313-891-8606 $73,297.06
7 WT-MWL Damper Bucket
with Grappler
Environmental
Resources
631-6313-891-8606 $41,883.83
Total $539,307.22
58 QUESTIONS
13 59

PUBLIC WORKS AND TRANSPORTATION COMMITTEE

AGENDA REPORT

REPORTS
AGENDA ITEM NO. D.2

DATE: March 22, 2022

TO: Public Works and Transportation Committee

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]

SUBJECT: Second Amendment to Agreement 8795-19-PW to Casamar Group LLC for On-Call Labor Compliance Monitoring and Reporting Services. (0/5/5)

RECOMMENDATION

That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute a Second Amendment to Agreement 8795-19-PW with Casamar Group, LLC in the amount of $500,000 for a new not to exceed contract amount of $1,000,000 with a three percent (3%) per year rate increase effective October 15, 2022 and to extend the term to October 14, 2025 for professional services for labor compliance monitoring.

Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/gEq1esbqiYA

BACKGROUND

The City requires on-call professional services through consultants for specialized services in order to complete various projects including labor compliance services. Due to the specialized work and the significant amount of active construction projects now and anticipated in the near-future, Public Works does not have the resources to dedicate solely to these services internally and therefore utilizes these outside service agreements on all construction projects.

The Professional Services under this On-Call Agreement is composed of task orders for each individual project. The scope of services shall include labor compliance monitoring consisting of the scope of services listed in the Scope of Services Exhibit attached hereto.

DISCUSSION
The specific work for this Agreement includes On-Call Labor Compliance Monitoring Professional Services as described in the Scope of Services Exhibit in accordance with the Contract Documents.

The City Manager approved the original agreement with Casamar Group, LLC on October 15, 2019 in the amount of $200,000. On July 20, 2021 City Council approved the First Amendment to increase the not to exceed contract amount to $500,000. The current agreement will expire on October 14, 2022. Based on the projected amount of construction projects over the next 3-year period, as well as the current task orders that are encumbered against this Agreement and the upcoming expiration date of the contract, staff recommends extending the contract term for an additional three year period and increasing the not to exceed amount of the 60 contract to $1,000,000.

Effective October 15, 2022 a three percent (3%) per year rate increase will become effective against the Costs and Rates Exhibit from the 2019 contract. The effective dates of the rate increase shall be October 15, 2022, October 15, 2023 and October 15, 2024.

STRATEGIC PRIORITIES

This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.

FINANCIAL IMPACT

The total cost for this Amendment with Casamar shall not exceed $500,000 with a new not to exceed total of $1,000,000 for labor compliance monitoring. Funding will be charged to a given project or funding source dependent upon the services performed by task orders. The respective Department/Project Manager will ensure sufficient funding is available in the City Council-approved operating budget or CIP project budget for related tasks prior to initiating task order or services performed.

Prepared by: Tatiana Arnaout, City Engineer

ATTACHMENTS

1. Amendment No. 2 to Agreement 8795-19-PW

2. Agreement 8795-19-PW and First Amendment (Executed)

3. Presentation
61 Agreement No. 8795-19-PW

SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES This Second Amendment (“Second Amendment") to the A greement for Professional Services (“Agreement”) is made and entered into in the County of Ventura, State of California, this 19 day of April , 2022, by and between the City of Oxnard, a municipal corporation (“City”), and Casamar Group, LLC (“Consultant”). This Second Amendment amends the Agreement entered into on October 15, 2019, by City and Consultant. The Agreement previously had been amended by a First Amendment on July 20, 2021.

City and Consultant agree as follows:

1. Item (5) of the Cover Page of the Agreement, the Agreement Ending Date “October 14, 2022” is hereby deleted and replaced with “October 14, 2025”.

2. Item (6) of the Cover Page of the Agreement, the Total Agreement Amount Not to Exceed value of “$500,000” is hereby deleted and replaced with "$1,000,000”.

3. Section 5. Compensation of the Agreement, is her eby replaced in its entirety to read as follows:

For the Services performed during the term of this Agreement, City shall pay Consultant an amount not to exceed the amount that is listed as “(6) Total Agreement Amount” on the Cover Page, as amended, at the rates listed in the Rates and Costs Exhibit, attached hereto and incorporated herein by this reference. The rates in the Rates and Costs Exhibit shall be in ef fect through October 14, 2022.

Effective October 15, 2022, a three percent (3%) per year rate increase will become effective. Effective dates of rate increases are: October 15, 2022, October 15, 2023 and October 15, 2024. Except as otherwise expressly provided in this Agreement, City shall not be responsible for expenses incurred by Consultant in performing the Services.

4. The following Section 41 Iran Contracting Act Ce rtification shall be added to the Agreement.
“In accordance with Public Contract Code Section 2200 et seq., the City requires that any person that submits a bid or proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or services of one million dollars ($1,000,000) or more, must certify at the time an Agreement is signed or renewed, that the person is not identified on a list created pursuant to subdivision (b) of Pu blic Contract Code Section 2203 as a person engaging in investment activities in Iran de scribed in subdivision (a) of Public 62 Agreement No. 8795-19-PW
Contract Code Section 2202.5, or as a person descri bed in subdivision (b) of Public Contract Code Section 2202.5, as applicable. The form of such Iran Contracting Certificate is included with this Agreement and must be signed and dated under penalty of perjury.”

5. As so amended, the Agreement remains in full force and effect. [Signatures on next page]

63 Agreement No. 8795-19-PW
IN WITNESS WHEREOF , the parties hereto have executed the Amendment on the date first written above .

CITY OF OXNARD CASAMAR GROUP, LLC

________________________________ _________ _ __________________________ _________ ⛝ John C. Zaragoza, Mayor 1 Date Joseph Garcia, P resident/ Owner 2 Date ☐ Alexander Nguyen, City Manager
☐ Daniel Willhite, Purchasing Manager
☐ [name], Buyer
ATTEST:
__________________________________ ___________
Rose Chaparro, City Clerk Date (only if Mayor signs)
APPROVED AS TO FORM :
__________________________________ ___________
Stephen M. Fischer, , City Attorney Date (always required )

1 The City Council must authorize and the Mayor must sign any agreement over $200,000 annually. The Cit y Manager may authorize and sign any agreement over $ 100,000 but up to $200,000 annually. The Purchasing Manager may authorize and sign any agreement up to $100,000 annually. A Buyer may authorize and sign a ny agreement up to $25,000 annually.
2 The City requires the following for any contract:
⬝ For a corporation, the signatures of the Board Pres ident, CEO or Vice President and of the Board Secre tary, Assistant Secretary, CFO or Assistant Treasurer;
⬝ For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or
⬝ For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

If the company has a different structure, or if the above-listed persons are not the appropriate signe rs, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company .

64 Agreement No. 8795-19-PW

IRAN CONTRACTING ACT CERTIFICATION
(TO BE EXECUTED AND SUBMITTED WITH THE AGREEMENT)
Public Contract Code Sections 2202-2208

Pursuant to Public Contract Code 2204.(a) A public entity shall require a person that is submits a bid or proposal to, or otherwise proposes to enter into or renew a contrac t with, a public entity with respect to a contract for goods or services of one million dollars ($1,000,000) or more to certify , at the time an Agreement is signed or renewed, th at the person is not identified on a list created pursuant to subdivisio n (b) of Section 2203 as a person engaging in inves tment activities in Iran described in subdivision (a) of Section 2202.5 or as a person described in subdivision 9b) of Section 2202.5, as applicable.

To comply with this requirement, please insert your company/entity and Federal ID number (if available) and complete one of the options below. Please note, California law e stablished penalties for providing false certificat ions, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false cer tification was made, contract termination and three-year ineligibility to bid on contract in accordance with Public Contract Code section 2205.

OPTION No.1 – CERTIFICATION
I, the official named below, certify I am duly auth orized to execute this certification on behalf of t he company/entity identified below, and the company/entity identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person or entity, for 45 days or more, if t hat other person or company/entity will use the cre dit to provide goods or services in the energy sector in Iran and is identi fied on the current list of persons engaged in inve stment activities in Iran created by DGS in accordance with subdivision (b) of Public Contract Code 2203.

Company Name/Financial Institution (printed): Feder al ID Number (or n/a):

By (Authorized Signature):
___________________________________________
Printed Name & Title of Person Signing: Date Exe cuted

_____________________________________________ ___ _______________________ Executed in the County of________________________________ in the State of __________________

OPTION No.2 – EXEMPTION
Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services. If y ou have obtained an exemption from the certificatio n requirement under the Iran Contracting Act, please fill out the infor mation below and attach documentation demonstrating the exemption approval.

Company Name/Financial Institution (printed): Feder al ID Number (or n/a):

By (Authorized Signature):
_____________________________________________
Printed Name & Title of Person Signing: Date Exe cuted

____________________________________________ ____ ____________________ Executed in the County of_____________________________________ in the State of ____________

65 66
67 68
69 70
71 72
73 74
75 76
77 78
79 80
81 82
83 84
85 86
87 Second Amendment to Agreement 8795-19-
PW to Casamar Group LLC for On-Call
Labor Compliance Monitoring and Reporting
Services
Public Works and Transportation Committee
March 22, 2022
Tatiana Arnaout, PE
City Engineer
88 That the Public Works and Transportation Committee
recommend that the City Council approve and authorize the Mayor to execute a Second Amendment to Agreement 8795-
19-PW with Casamar Group, LLC in the amount of $500,000 for a new not to exceed contract amount of $1,000,000 with a three percent (3%) per year rate increase effective October 15, 2022 and to extend the term to October 14, 2025 for professional services for labor compliance monitoring.

RECOMMENDATION 2
89 • City requires on-call professional services through consultants for specialized services in order to complete various projects including labor compliance services
• Scope of services includes labor compliance monitoring • Due to the specialized work and the significant amount of active construction projects now and anticipated in the near-future, Public Works does not have the resources to dedicate solely to these services internally and therefore utilizes these outside service agreements on all
construction projects
BACKGROUND 3
90 • City Manager approved the original agreement with
Casamar Group, LLC on October 15, 2019 in the amount
of $200,000
• On July 20, 2021, City Council approved the First
Amendment to increase the not to exceed contract amount to $500,000
• Current agreement will expire on October 14, 2022
DISCUSSION 4
91 • Based on the projected amount of construction projects over the next 3-year period, as well as the current task orders that are encumbered against this Agreement and
the upcoming expiration date of the contract, staff
recommends extending the contract term for an additional three year period and increasing the not to exceed amount of the contract to $1,000,000
• Effective October 15, 2022 a three percent (3%) per year rate increase will become effective against the Costs and Rates Exhibit from the 2019 contract. The effective dates of the rate increase shall be October 15, 2022, October 15, 2023 and October 15, 2024
DISCUSSION 5
92 • Total cost for this Amendment with Casamar shall not exceed $500,000 with a new not to exceed total of
$1,000,000 for labor compliance monitoring
• Funding will be charged to a given project or funding source dependent upon the services performed by task
orders
• Respective Department/Project Manager will ensure
sufficient funding is available in the City Council-approved operating budget or CIP project budget for related tasks prior to initiating task order or services performed
FINANCIAL IMPACT 6
93 QUESTIONS
7 94

PUBLIC WORKS AND TRANSPORTATION COMMITTEE

AGENDA REPORT

REPORTS
AGENDA ITEM NO. D.3

DATE: March 22, 2022

TO: Public Works and Transportation Committee

FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]

SUBJECT: Agreement A-8442 with Clean Earth Environmental Solutions, Inc. for the Collection, Removal, Transport, Recycling, and Disposal of Recyclable Household Hazardous Waste. (0/5/5)

RECOMMENDATION

That the Public Works and Transportation Committee recommend that the City Council authorize the Mayor to execute Agreement A-8442 with Clean Earth Environmental Solutions, Inc. in an amount not to exceed $750,000 for a three-year term; for the collection, removal, transport, recycling, and disposal of Recyclable Household Hazardous Waste (RHHW).

Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/jJ62SZzAHSk

BACKGROUND

Regulations from the California Department of Resources Recycling and Recovery (CalRecycle) and the California Department of Toxic Substances Control require that household hazardous waste material that is collected at permitted facilities such as the City of Oxnard's Del Norte Regional Recycling and Transfer Station (Del Norte) be continuously processed and removed from the premises within 90 days of collection, or the facilities are subject to fines or penalties. Processing includes separation of incompatible materials and manifesting (documenting) accordingly. Once collected, the material must then be conveyed to a permitted facility by a permitted transportation method. Del Norte has been using a third party vendor for the removal, transportation, recycling, and disposal of household hazardous waste since opening in 1996. This agreement will replace the current Agreement which will expire on May 7, 2022.

RHHW includes products that contain corrosive, toxic, ignitable, or reactive ingredients that can be recycled.

Such products include water and oil based paints, liquid cleaners, solvents, absorbent waste, motor oils and oil filters, antifreeze, automobile batteries, household batteries, aerosols, propane tanks and non-propane tanks, and fluorescent bulbs that contain potentially hazardous ingredients requiring special care. All of the aforementioned items are accepted at the Del Norte Buy Back Center at no cost to Oxnard residents with no appointment required. The Buy Back Center is located at the Del Norte Regional Recycling Center located at 111 South Del Norte Boulevard, Oxnard, and it is open Tuesday through Saturday from 9:00 AM – 3:00 PM.

DISCUSSION
On December 15, 2021, the Purchasing Department released Request for Bid PW 22-68 for Collection and Transportation of Recyclable Household Hazardous Waste (RFB). The RFB was advertised on the City of 95 Oxnard website, and the Public Purchase website. A total of 33 firms received the bid notification, and five firms responded with bids by the January 19, 2022, deadline. After review of submitted bids, Clean Earth Environmental provided the lowest cost for collection and transportation for RHHW that is collected at the Del Norte Buy Back Center. Clean Earth Environmental has been found to meet all City required contractual provisions, including possession of a City business tax certificate, insurance certificates, and corporate filing with the California Secretary of State. The following bid results is the summation of the per unit cost for all products requested for collection and transportation:

Vendor Bid Results Per Unit Cost For All Products
Clean Earth Environmental $6,836.20
Patriot Environmental Services $8,054.20
Clean Harbors Environmental $8,711.37
Black Gold Industries $11,592.05
USA Waste of California $15,068.71
The City aims to reflect the waste disposal hierarchy established by the State of California in its programs as much as possible. This hierarchy calls for source reduction and reuse first, then recycling and reclamation whenever feasible. Environmentally sound incineration and hazardous waste landfill disposal are considered the least desirable options. This item supports the City’s efforts to recycle, process, treat, minimize, and consolidate as much RHHW as possible prior to final disposal, and provides the certificates and documentation needed to comply with local laws and State regulations.

Based upon the available information and research on Clean Earth Environmental, the contractor is capable of satisfactorily providing the services for the collection and transportation or RHHW.

STRATEGIC PRIORITIES

This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.

FINANCIAL IMPACT

The total cost of this agreement with Clean Earth Environmental Solutions shall not exceed $750,000 for a three-year term through May 7, 2025. There is no minimum monthly retainer fee nor minimum volume guarantee for services rendered by Clean Earth. The City will be charged for volumes of RHHW collected based on agreed upon pricing set forth in the contract for each type of RHHW collected. There are sufficient funds available in the City Council approved Environmental Resources Operating Budget for Fiscal Year 2021- 22 in the amount of $45,000 for the collection and transportation of RHHW. Future year allocations will be requested each year during the budget process.

Clean Earn Environmental Solutions
Spending Plan
96 FUND FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25 TOTAL Environmental Resources - 631-6301-842-
8209
$45,000 $250,000 $250,000 $205,000 $750,000

Prepared by: Brian Yanez, Assistant Public Works Director, Todd Vasquez-Housley, Environmental Resources Division Manager

ATTACHMENTS

1. A-8442 Clean Earth Environmental Solutions, Inc.

2. Presentation
97 Agreement No. A-8442

AGREEMENT FOR TRADE SERVICES

COVER PAGE
(1) Agreement Start Date: May 8, 2022
(2) Vendor: Clean Earth Environmental Solutions, Inc.
(3) Services: Vendor shall provide all labor, materials, and equipment for the collection, removal, transport, recycling, and disposal containment of Recyclable Household Hazardous Waste (RHHW). The Vendor shall collect, remove, and transport RHHW from the Del Norte Regional Recycling and Transfer Station (Del Norte) to recycling disposal areas per the Scope of Services Exhibit
(4) Schedule of Services: On-call schedule for the collection, removal, transport, recycling, and disposal containment of RHHW.
(5) Agreement Ending Date: May 7, 2025
(6) Total Agreement Amount: $750,000
(7) City’s Project Manager: Todd Vasquez-Housley, Environmental Resources Division Manager (8) Vendor’s Project Manager: Luis Perez, Project Manager and Jennifer Wagner, HHW Account Manager (9) Insurance Coverage: INS- I (Includes Pollution Legal Liability) (10) What wages are required for this Project?
☐ Living wage but not prevailing wages, in which case: Section 20(a) through (d) and the Living Wage Policy Exhibit are incorporated and are required; but Section 20(e) and the Prevailing Wage Exhibit are not incorporated and are not required.
☐ Prevailing wages but not living wage, in which case: Section 20(e) and the Prevailing Wages Exhibit are incorporated and are required; but Section 20(a) through (d) and the Living Wage Policy Exhibit are not incorporated and are not required.
☐ Both living wage and prevailing wages, in which case Section 20, the Living Wage Policy Exhibit, and the Prevailing Wages Exhibit are incorporated and required. ☐ Neither living wage nor prevailing wages, in which case Section 20, the Living Wage Policy Exhibit, and the Prevailing Wages Exhibit are not incorporated and are not required. (11) Addresses for Notice:

FOR VENDOR: FOR CITY:

Clean Earth Environmental Solutions, Inc. City of Oxnard - Environmental Resources 2490 West Pomona Blvd. 111 South Del Norte Blvd.

Pomona, CA 91768 Oxnard, CA 93030
Attn: Luis Perez, Project Manager Attn: Todd Vasquez-Housley, Division Manager Jennifer Wagner, HHW Account Manager
(12) Contact Emails:

VENDOR’S PROJECT MANAGER: CITY’S PROJECT MANAGER:

Luis Perez, [email protected] Todd Vasquez-Housley,[email protected] Jennifer Wagner, [email protected]
The Agreement for Trade Services is attached hereto and incorporated herein by this reference. The following exhibits are also attached hereto and incorporated herein by this reference into the Agreement:
☐ Scope of Services Exhibit ☐ Living Wage Policy Exhibit ☐ Rates and Costs Exhibit ☐ Prevailing Wages Exhibit
☐ Schedule of Services Exhibit ☐ Insurance Exhibit (INS-I with Pollution Legal Liability) 98 Agreement No. A-8442

AGREEMENT FOR TRADE SERVICES
THIS AGREEMENT FOR TRADE SERVICES (“Agreement”) is entered into in Ventura County,California, onthe datethatiswrittenas“(1)AgreementStartDate”ontheCoverPage,whichisattachedheretoandincorporatedhereinbythisreference.ThisAgreementisenteredbyandbetweentheCityofOxnard(“City”)andtheperson or entity listed as “(2) Vendor” on the Cover Page, subject to the following terms and conditions:

1. Scope of Services. Vendor shall providetoCitytheserviceslistedas“(3)Services”ontheCoverPage(the“Services”). Vendor shall provide the Services duringthe termof this Agreement, as set forthbelow, accordingtothe schedule written as “(4) Schedule of Services” on the Cover Page, and as further explained in the Scope ofServices Exhibit, which is attached hereto and incorporated herein by this reference. Inthe event of anyconflictbetween the terms of this Agreement and any incorporated document(s), the terms of this Agreement shall control.

2. Term. This Agreement shall beginonthe date that is writtenas “(1) Agreement Start Date” onthe CoverPage and shall endonthe date that is writtenas “(5) Agreement EndingDate” onthe Cover Page. Time is of theessence in this Agreement.

3. Compensation. For the Services performed during the termof this Agreement, Cityshall payVendor anamount not to exceed the amount that is listedas “(6) Total Agreement Amount” onthe Cover Page, at the rateslisted in the Rates and Costs Exhibit, attached hereto and incorporated herein by this reference. The rates intheRates and Costs Exhibit shall be in effect through the end of this Agreement unless otherwise stated therein.

4. Invoices. Vendor shall submit a payment request to City by the end of each calendar month listing theServices provided, costs of those Services, and total amount due for the month. Each invoice must also list thecurrent balance on the Agreement, including that invoice, as well as the months remaining on the termof theAgreement. Invoices may be emailed to: [email protected].

5. Most Favored Nation. Throughout the termof the Agreement, inthe event Vendor provides the Serviceshavingterms more favorable thanthis Agreement toanypersonor entityother thanCity, Vendor shall notifyCitywithin 10 calendar days of signing the other contract, or if there is no other contract, of finalizing that deal orproviding any services, whichever occurs first in time. In that notice, Vendor shall offer City to amend thisAgreement to reflect suchmore favorable terms intothis Agreement without anycontingencytoamendanyotherprovision of this Agreement.

6. Acceptance of Payment. Vendor’s acceptance of final payment made pursuant to this Agreement shallconstitute a release of City from all claims and liabilities for compensation to Vendor for anything completed,finishedor relatingtothe Services. City’s paymentshallnotconstitutenorbedeemedareleaseoftheresponsibilityandliabilityof Vendor for the accuracyandcompetencyoftheinformationprovidedand/ortheServicesperformedhereunder, norshallsuchpaymentbedeemedtobeanassumptionofresponsibilityorliabilitybyCityforanydefector error in the Services performed by Vendor andits employees, agents andsubcontractors. Vendor shall provideCity with a completed Request for Taxpayer Identification Number and Certification, as issued by the InternalRevenue Service. If anysales taxis due for the Services performedbyVendorormaterialsorproductsprovidedtoCity by Vendor, Vendor shall pay the sales tax. City shall not reimburse Vendor for sales taxes paid by Vendor.

7. Non-bindingTerms. Anytermsandconditionsthataretyped,printed,orotherwiseincludedinanyVendorinvoicerenderedpursuanttothisAgreementshallbedeemedtobesolelyfortheconvenienceoftheparties.Nosuchtermor conditionshall be bindinguponCity, andnoactionbyCity(including, without limitation, the payment ofanysuchinvoice inwhole or inpart) shall be construedas bindingCitywithrespecttoanysuchtermorcondition,unless the specific termor conditionhas beenpreviouslyagreedtobyVendor andCityinthis Agreement or inabinding amendment thereto.

8. Non-AppropriationofFunds.PaymentstobemadetoVendorbyCityfortheServicesperformedwithinthecurrent fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered Page1of 25
99 Agreement No. A-8442
appropriationofCity. IntheeventCitydoesnotappropriatesufficientfundsforpaymentoftheServicesbeyondthecurrent fiscal year, this Agreement shall cover payment for the Services onlyuptothe conclusionofthelastfiscalyear in which City appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.

9. Coordination of Services. The Services shall be coordinatedwiththe personinthe positionlistedin“(7)City’s Project Manager” on the Cover Page, subject tothe directionof the CityManager or Department Director.Vendor herebydesignates the personinthe positionlistedin“(8) Vendor’s Project Manager”ontheCoverPageasthe person responsible for the Services who shall coordinate with City’s Project Manager in making bindingdecisions in line with this Agreement on behalf of Vendor.

10. Personnel. Vendor represents that ithasorshallsecureatitsownexpenseallpersonnelrequiredtoperformthe Services. Vendor shall make reasonable efforts tomaintainthe continuityof Vendor’s staffwhoareassignedtoperformthe Services. Vendor mayassociate withor employassociates or subcontractors inthe performance oftheServices, but at all times shallVendorberesponsibleforitsassociatesandsubcontractors’labor,adviceormaterialsprovidedinfurtherance of providingthe Services. ShouldanyofVendor’semployees,assignsorsubcontractorsnotconduct him- or herself appropriately, as determinedbythe City’s Project Manager, intheprocessofprovidingtheServices or any portion thereof, the City’s Project Manager may notify the Vendor’s Project Manager, whoshallimmediately handle the problem, as determined appropriate by him or her, such that the problem does not persist.

11. Additional Work. City may request additional specified work under this Agreement. The City’s ProjectManager must authorize all suchworkinwritingbeforecommencement. Vendorshallperformsuchwork,andCityshall payfor suchadditional work, inaccordance withthe Rates andCosts Exhibit. Shouldtheworknotfallunderanysuchlistedrate or cost, Vendor shall submit a quote for all additional work, whichthe City’s ProjectManagermust approve inwritingbybefore anysuchworkmaycommence. TheCityshallcompensateVendorforanyworkthat does not fall under a rate or cost listedinthe Rates andCostsExhibit,andforwhichVendordidnotobtaintheCity’s Project Manager’s writtenapproval before workcommenced,asdeterminedbytheCity’sProjectManagerinhis or her sole discretion.

12. Advertising and Publicity. Vendor shall not use the name of or refer toCitydirectlyor indirectlyinanyadvertisement, news release, or professional or trade publication without prior written approval from the CityManager. This Section shall survive the termination of this Agreement.

13. Audit. City shall have the optionof inspecting, auditingand/or reproducingall records andother writtenmaterials: usedbyVendor inpreparingits billingstoCityasaconditionprecedenttoanypaymenttoVendor;orforother purposes relating to the Agreement. Vendor will promptly furnish all documents requested by City.Additionally,ifthisAgreementisinexcessof$10,000,theStateAuditormayexamineandauditVendorforaperiodof 3years after final payment under the Agreement. Regardless of whether a State audit ispermitted,Vendorshallmaintain and preserve all suchrecords for a periodof at least 3years after final payment under the Agreement oruntil an audit has been completed and accepted by City, whichever occurs later. Vendor shall maintain all suchrecords inCityor topromptlyreimburse Cityfor all reasonable costs incurredinconductingtheauditatalocationotherthaninCity,includingbutnotlimitedtoexpensesforpersonnel,salaries,privateauditor,travel,lodging,mealsandoverhead. Vendor shall include a copyof this Sectioninall contracts withits subcontractors,andVendorshallbe responsible for immediately obtaining those records or other written material fromits subcontractors upon arequest by the State Auditor and/or City.

14. Termination. City may terminate this Agreement at anytime, withor without cause andwithout penalty,upon15calendardays’priorwrittennotice.Suchterminationshallbeeffectiveonthedatespecifiedinthenotice,orif nodate is specified, then15calendar days fromthe date of the notice. Vendor mayterminate this Agreement atanytime, withor without cause andwithout penalty, upon30calendar days’priorwrittennotice.Suchterminationshall be effective onthedatespecifiedinthenotice,orifnodateisspecified,then30calendardaysfromthedateofnotice and only if all assignments acceptedbyVendor have beencompletedbefore the date of termination. IntheeventofterminationofthisAgreementbyeitherpartyduetonofaultorfailureofperformancebyVendor,CityshallpayVendorcompensationforallServicessatisfactorilycompletedinaccordancewithallofthetermsandprovisionsof thisAgreement,asdeterminedbytheCity,beforetheeffectivedateoftermination;provided,innoeventshallthe Page2of 25
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Vendor receive an amount exceeding that which would have beenpaidtoVendor for the full performance of theServices. If City pays for any materials, City shall be entitled to the title and possession of such.

15. Hold Harmless, Defense and Indemnity.

Tothe fullest extent permittedbylaw,Vendorshallimmediatelydefend,indemnify,andholdharmlessCity, its legislative and advisory bodies, and the City’s officials, directors, officers, employees, and agents (the“Indemnitees”) fromandagainst all liabilitiesregardlessofnature,type,orcause,arisingoutoforresultingfromorinconnectionwithVendor’sperformanceofthisAgreementorVendor’sfailuretocomplywithanyofitsobligationscontainedinthisAgreement. Liabilitiessubjecttothedutiestodefendandindemnifyinclude,withoutlimitation,allclaims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses;defense costs, including but not limited toreasonable attorneys’ fees; court costs; andcosts of alternative disputeresolution. Vendor’sobligationtoindemnifyappliesunlessitisadjudicatedthatanyoftheliabilitiescoveredbythisSection 15 are the result of the sole active negligence or sole willful misconduct of any of the Indemnitees. a. The dutytodefendis a separate anddistinct obligationfromVendor’s dutytoindemnify. Vendorshallbeobligatedtodefendinall legal, equitable, administrative, or special proceedingswithcounselapprovedbytheCityAttorney immediately upon tender toVendor of the claiminanyformor at anystage of anactionor proceeding,whether or not liabilityis established. Anallegationordeterminationofnegligenceorwillfulmisconductbyanyofthe Indemnitees shall not relieve Vendor fromits separate anddistinct obligationtodefendthe Indemnitees. Theobligationtodefendextends throughfinal judgment, includingexhaustionof anyappeals. The defense obligationincludes the obligationtoprovide independent defense counsel if Vendor asserts that liabilityiscausedinwholeorin part by the negligence or willful misconduct of the Indemnitees. If it is finallyadjudicatedthat liabilitywascaused by the sole active negligence or sole willful misconduct of anyof the Indemnitees, Vendor maysubmit aclaim to City for reimbursement of reasonable attorneys’ fees and defense costs. b. The review, acceptance or approval of Vendor’s workor workproductbyanyoftheIndemniteesshallnotaffect, relieve or reduce Vendor’s indemnificationor defense obligations. ThisSection15shallsurvivecompletionof the Services or terminationofthisAgreement. TheprovisionsofthisSection15shallnotberestrictedbyanddonot affect the provisions of this Agreement relating to insurance. c. In the event of a final adjudicationwhere anindemnitee is foundtohave beenproportionatelynegligent,the indemnitee shall reimburse the indemnitor for their proportional share of such liability.

16. Insurance. Vendor shall obtainandmaintainduringthe performance of anyservicesunderthisAgreementthe insurance coverages listedwithinthe insurance documentstatedin“(9)InsuranceCoverage”ontheCoverPageand in the Insurance Exhibit, which is attached hereto and incorporated hereinbythis reference, unless the RiskManager waives, in writing, the requirement that Vendor obtain and maintain such insurance coverages. Suchinsurance must be issuedbya companysatisfactorytothe RiskManager. Vendor shall, before performanceofanyServices pursuant tothis Agreement, filewiththeRiskManagerevidenceofinsurancecoverageasspecifiedin“(9)Insurance Coverage” on the Cover Page and in the Insurance Exhibit. Maintenance of insurance coverages byVendor is a material element of this Agreement. Vendor’s failure tomaintainor renewinsurance coverages or toprovide renewal evidence may be considered a material breach of this Agreement.

17. Documents and Materials.
a. All finalcomputations,exhibits,files,plans,correspondence,reports,drawings,designs,data,photographs,specifications, information, images, video files, media, or other deliverables prepared, created, drawn, calculated,photographed or developed by Vendor pursuant to this Agreement (“Documents and Materials”) shall be thepropertywithout restrictionor limitationuponits use, duplicationor disseminationbytheCity.AllDocumentsandMaterials shall be considered“works made for hire,” andall Documents andMaterials andanyandallintellectualpropertyrights arisingfromtheir creation, including, but not limitedto, all copyrights andotherproprietaryrights,shall be and remain the property of the City without restriction or limitation upon their use, duplication ordissemination bythe City. Vendor shall not obtainor attempt toobtaincopyright protectionas toanyDocuments Page3of 25
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and Materials. Vendor herebyassigns tothe Cityall ownershipandanyandall intellectual propertyrights totheDocuments and Materials that are not otherwise vested in the City pursuant to this Section 17. b. Vendor shall deliver all Documents and Materials to City’s Project Manager upon completion of theServices or termination of this Agreement without additional cost or expense tothe City. Additionally, anytime atCity’s request, Cityshall be entitledtopossessionof, andVendor shall furnishtoCity’sProjectManagerwithin10calendar days, any or all of the Documents and Materials without additional cost or expense tothe City. Inbothsituations, if Vendor prepares Documents and Materials on a computer, Vendor shall provide City with saidDocuments andMaterials bothina printedformat andinanelectronicformatthatisacceptabletotheCity.Vendormay retain copies of these Documents and Materials but must request permission from the City before use,duplicationor disseminationthese Documents andMaterialsforanypurposeotherthanfortheServicesprovidedtothe City pursuant to this Agreement. c. Any substantive modification of the Documents and Materials byCitystaff or anyuse of the completedDocuments andMaterials for other Cityprojects, or anyuse ofuncompletedDocumentsandMaterials,withoutthewritten consent of Vendor, shall be at City’s sole risk and without liability or legal exposure to Vendor. d. Vendor warrants andrepresents that it has securedall necessarylicenses, consents orapprovalstouseanyinstrumentality, thingor component as towhichanyintellectual propertyrightexists,includingcomputersoftware,usedinthe renderingof the Services andthe productionof all Documents andMaterials, andthattheCityhasfulllegal title to and the right to use, duplicate or disseminate the Documents and Materials. Vendor shall defend,indemnifyandholdIndemnitees harmless fromanyloss, claimor liabilityinanywayrelatedtoaclaimthatCity’suse ofanyoftheDocumentsandMaterialsisviolatingfederal,stateorlocallaws,anycontractualprovisions,oranylaws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectualproperty rights and/or interests in products or inventions. Vendor shall bear all costs arising fromthe use ofpatented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes inconnection with its provision of the services and Documents and Materials. In the event the use of any of theDocuments and Materials by the City is held to constitute an infringement and the use of any of the same isenjoined, Vendor, at its ownexpense, shall: secureforCitytherighttocontinueusingtheDocumentsandMaterialsby suspension of any injunction, or by procuring a license or licenses for City; or modify the Documents andMaterials so that they become non-infringing while remaining in compliance with the requirements of thisAgreement. e. This Section 17 shall survive the termination of this Agreement.

18. Confidentiality of Information.
a. For the purposes of this Agreement, “Confidential Information” means all information, inwhateverformtransmitted, relatingtothe past, present or future business affairs of the City,includingwithoutlimitation,(i)technical information, including patent, copyright, trade secret, and other proprietary information, techniques,sketches, drawings, models, inventions, processes, apparatus, equipment, algorithms, software programs, softwaresource documents, andformulas; or (ii) non-technical information, includingwithout limitationfinances, financialand accounting data and information, suppliers, customers, customer lists, purchasing data and any otherinformationbelongingtothe Cityor toa thirdpartywhose informationis intheCity’spossessionorcontrolunderobligations of confidentiality, andwhichis disclosedtoVendor or isdevelopedbyVendorinwholeorinpartattheCity’s expense. b. All Documents and Materials shall be considered Confidential Information and shall not bereproduced, transmitted, disclosedor usedbythe Vendor without the writtenconsent of the City,exceptasmaybenecessary for Vendor to fulfill its obligations to the City. c. Notwithstandingthe above, these limitationsshallnotapplytoinformationthat(i)isalreadyknowntoVendor at the time of that information’sdisclosureorbecomespubliclyknownthroughnowrongfulactoromissionof Vendor, (ii) is communicated to a third party with the express written consent of City and is not subject to Page4of 25
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restrictions on further use or disclosure, (iii) is independently developed by Vendor and has no relation to thisAgreement, or (iv) is required by law, court order, court-issued subpoena or other legal process tobe disclosed;provided, however, that before makingsuchdisclosure, Vendor shall immediatelyprovide Citywithwrittennoticeanda reasonable opportunityfor Citytoobject tothe disclosure or totake actiontomaintaintheconfidentialityofthe information, unless such prior disclosure is legally impermissible. d. Vendor shall use reasonable care toprotect the Confidential Information. Inthe event of a breachorthreatenedbreachof this Agreement, Cityshall be entitledtoobtainaninjunctionprohibitinganysuchbreach,thecosts of whichshall bepaidbyVendor.Anyreliefgrantedshallbeinadditiontoandnotinlieuofanyotherlegalorequitable relief, includingmoneydamages. The parties acknowledge that Confidential Informationis valuable andunique and that disclosure of the Confidential Information in breach of this Agreement mayresult inirreparableinjury to the City. e. Other than an obligation uponthe Citytodeal ingoodfaith, the Citymakes nowarranties andshallbear no liability or responsibility for errors or omissions in any Confidential Information disclosed under thisAgreement or for any business decisions made by Vendor in reliance on any Confidential Informationdisclosedunder this Agreement. f. This Section 18 shall survive the termination of this Agreement.

19. IndependentContractor.Vendorisandshallatalltimesremain,astoCity,awhollyindependentcontractor.Neither City nor any of its employees or agents shall have control over the conduct of Vendor or any of itsemployees, except as statedinthis Agreement. Vendor hasandshallretaintherighttoexercisefullcontrolovertheemployment, direction,meansofperformance,location,compensationanddischargeofallpersonsassistingVendor,andit is free todispose of all portions of itstimewhichitisnotobligatedtodevotetoCityinsuchamannerandtosuch persons, firms, or corporations as Vendor wishes except as expressly provided in this Agreement. ThisAgreement shall not be interpreted to prevent or preclude Vendor fromrenderinganyservices for Vendor’s ownaccount or to any other person or entity as Vendor in its sole discretionshall determine; provided, however, thatperformingsuchservicesshallnotmateriallyinterferewiththeServicesVendorshallperformfortheCity.ExceptasCity’s Project Manager specifies in writing, Vendor and its employees and agents have no authority, express orimplied, toact onbehalfofCityinanycapacity,toincuranydebt,obligationorliabilityonbehalfofCity,bindCityinanymanner, or otherwise act onbehalf of Cityas anagent.VendoranditsemployeesarenotemployeesofCity.Vendor andits employees are not entitledtoreceive fromCityanyof the benefits or rights affordedemployees ofCity, includingbutnotlimitedtoreserveleave,sickleave,vacationleave,holidayleave,compensatoryleave,PublicEmployees Retirement Systembenefits, and health, life, dental, long-termdisability and workers’ compensationinsurance benefits. Vendor shall not,atanytimeorinanymanner,representthatitoranyofitsagentsoremployeesare inanymanner agents or employees of City. Vendor agrees topayall requiredtaxesonamountspaidtoVendorunder this Agreement, andtoindemnifyandholdCityharmless fromanyandalltaxes,assessments,penalties,andinterest assertedagainstCitybyreasonoftheindependentcontractorrelationshipcreatedbythisAgreement.Vendorshall be solely responsible for, andshall save Cityharmless from, all matters relatingtothe payment of Vendor’ssubcontractors, material suppliers, directors, officers, employees, agents andrepresentatives, includingcompliancewith social security requirements, federal and State income tax withholding, and all other regulations governingemployer-employee relations, as applicable. City shall have the right to offset against the amount of anycompensationdue toVendor under this Agreement anyamount due toCityfromVendor asaresultofitsfailuretopromptly pay to City any reimbursement or indemnification arising under this Section.

20. Wages. If the first optionis selectedinresponseto(10)ontheCoverPageand,thus,thepaymentoflivingwage is required, only this paragraphandsubsections (a) through(d) of this Section20shall apply. If the secondoption is selected in response to (10) on the Cover Page and, thus, the payment of prevailingwages (andrelatedLabor Code provisions) is required, onlythisparagraphandsubsection(e)ofthisSection20shallapply.Ifthethirdoptionis selectedinresponse to(10) onthe Cover Page and, thus, boththe payment oflivingwageandprevailingwages (and related Labor Code provisions) is required, this paragraphandsubsections (a) through(e) shall apply,meaningVendor shall compensate all of itsemployeesprovidingservicestoCityinaccordancewithboththeCity’sLivingWage PolicyandState-requiredprevailingwages. Inthe event ofaconflictbetweentheCity’sLivingWage Page5of 25
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Policy and State-required prevailing wages, the higher of the twoshall prevail. If the fourthoptionis selectedinresponse to(10) onthe Cover Page and, thus, neither thepaymentoflivingwagenorprevailingwages(andrelatedLabor Code provisions) is required, no part of this Section 20 shall apply.

If either the first or third option is selected in response to (10) on the Cover Page, Vendor shallcompensate anyemployeeofVendorwhoprovidesServicestotheCityunderthisAgreementinaccordancewiththeLiving Wage Policy Exhibit, which is attached hereto and incorporated herein by this reference. While thisAgreement is in effect, Vendor shall pay such employee no less than $16.89 per hour for each hour that suchemployee provides services under this Agreement. ThishourlyrateshallbeadjustedonJuly1,2022,andeachJuly1thereafter, accordingtothe percentage change inthe Consumer Price Index, all items, preparedbytheBureauofLabor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982-84=100,comparing May of the previous year to May of the current year. In addition, while this Agreement is ineffect,Vendor shall provide to such employee no less than 96 hours of paid leave per calendar year. a. Vendor agrees topost, at a locationreadilyaccessible tothose employees providingservicestotheCity,acopy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002, and effective October 1, 2002. b. If Vendor fails to compensate such employee pursuant to the Living Wage Policy, the CityManager ordesignee shall terminate this Agreement on written notice to Vendor, effective immediately. c. Inaddition, if Vendor fails tocomplywiththeLivingWagePolicyinanymanner,VendorshallpaytoCitya fine of $500andshall paytoanyemployee providingservices under this Agreement a penaltyofthreetimestheamount or value of the compensationowedtosuchemployeeundertheLivingWagePolicy. Vendorshallpaysuchfine andpenaltywithin15days after the CityManagerordesigneeprovideswrittennoticetoVendoroftheamountowed. d. If either the second or thirdoptionis selectedinresponse to(10) onthe Cover Page, inaccordance withLabor Code Section1770etseq.,theProjectisa“publicwork.”TheVendorshallpaywagesinaccordancewiththedeterminationof the Director of the Department of IndustrialRelations(“DIR”)regardingtheprevailingrateofperdiemwages. Copies of those rates are onfile withthe Public Works Director andare available toanyinterestedparty upon request. The Vendor shall post a copy of the DIR’s determinationof the prevailingrate of per diemwages at the jobsite. TheVendorshallcomplywithallprovisionsofthePrevailingWageExhibit,whichisattachedhereto and incorporated herein by this reference.

21. NondiscriminatoryEmployment. Vendor shall not unlawfullydiscriminate againstanyindividualbasedonrace, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language,physical disability, mental disability, medical condition, genetic information, maritalstatus,gender,genderidentity,gender expression,sex,sexualorientation,age,immigrationstatus,citizenshipormilitaryandveteranstatus.Vendorunderstands and agrees that it is bound by andwill complywithall legal nondiscriminationmandates. For everysubcontractor whowill performServices, Vendor shallberesponsibleforsuchsubcontractor’scompliancewiththisSection.

22. Vendor’s Representations. Vendor represents, covenants and guarantees that: a) Vendor is licensed,qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the Services inaccordance withthe terms andconditions set forthinthis Agreement; b) therearenoobligations,commitments,orimpediments of anykindthat will limit or preventVendor’sfullperformanceunderthisAgreement;c)totheextentrequired bythe standardof practice, Vendor has investigatedandconsideredthe scope of Services performed, hascarefully considered how the Services should be performed, and understands the facilities, difficulties andrestrictions attending performance of the Services under this Agreement.

23. Compliance with Laws. In performing the Services under this Agreement, Vendor shall complywithallapplicable laws, ordinances and regulations. Before performingthe Services under this Agreement, Vendor shallobtain all required licenses and permits, including a City business tax certificate.

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24. Conflict of Interest. If, in performing the Services set forth in this Agreement, Vendor makes, orparticipates in, a “governmental decision” as described in Title 2, Section 18701(a)(2) of the California Code ofRegulations, orperformsthesameorsubstantiallyallthesamedutiesforCitythatwouldotherwisebeperformedbya City employee holding a position specified in City's conflict of interest code, Vendor shall be subject toCity'sconflict of interest code, the requirements of which include the filing of one or more statements of economicinterests disclosing the relevant financial interests of Vendor’s personnel providing the Services set forth in thisAgreement. Furthermore, Vendor shall not to accept any employment or representation during the termof thisAgreement or within12months after completionof the Services whichis or maylikelymake Vendor “financiallyinterested,” as providedinCaliforniaGovernmentCodeSections1090and87100,inanydecisionsmadebyCityonany matter in connection with which Vendor has been retained pursuant to this Agreement.

25. Fictitious Name. If Vendor has a fictitious name, Vendor shall submit toCitya newFictitious BusinessName Statement approved by any California county before Vendor’s prior Fictitious Business Name Statementexpires if such expiration may occur during the term of this Agreement, including any term amendment.

26. Non-Assignability. Vendor shall not assignor transfer anyinterest inthis Agreement or anypart thereof,whether byassignment or novation, without City’s prior writtenconsent, whichmaybe withheldforanyreasonorfor no reason at all. Any purported assignment without written consent shall be null, void, andof noeffect, andVendor shall holdharmless, defendandindemnifyIndemnitees regardingall Claims arisingfromorrelatingtoanyunauthorized assignment.

27. Protection of Services. Vendor shall continuously maintain adequate protection of all of Vendor’s workfromdamage and shall protect the City’s property fromany andall injuryor loss arisinginconnectionwiththisAgreement. Vendor shall takeallnecessaryprecautionforthesafetyofemployeesonthejobandshallcomplywithall applicable provisions of federal, State and municipal safety laws and building codes to prevent accidents orinjury to persons on, about or adjacent to any premises where the Services are being performed.

28. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the heirs,executors, administrators, successors and assigns of Vendor.

29. Applicable Law; Venue. Thevalidity,interpretation,andperformanceofthisAgreementshallbecontrolledbyandconstruedunder thelawsoftheStateofCalifornia,excludingCalifornia’schoiceoflawrules.Venueforanysuch action relating to the Agreement shall be in the Ventura County Superior Court.

30. Titles. The titles used in this Agreement are for convenience only and shall in no way define, limit ordescribe the scope or intent of this Agreement or any part of it.

31. Force Majeure. Neither Citynor Vendorshallberesponsiblefordelaysorfailuresinperformanceresultingfromacts beyondthe control of either party. SuchactsshallincludebutarenotbelimitedtoactsofGod,riots,actsof war, epidemics, fire, earthquakes, or other disasters.

32. Authority. Anypersonexecutingthis Agreement onbehalfofVendorwarrantsandrepresentsthats/hehasthe authority to execute this Agreement on behalf of Vendor and to bind it to the performance of these obligations.

33. Binding Agreement. The parties do not intend this Agreement tobe bindinguponthemandshall not beheld liable to its terms until it is fully executed by all required signers.

34. Cumulative Remedies. All rights andremedies of Cityhereinshall be inadditiontoall other rights andremedies availableatlaworinequity,including,withoutlimitation,specificperformancefortheenforcementofthisAgreement, and temporary and permanent injunctive relief.

35. Integration; Amendment. This Agreement, includinganyother documents incorporatedhereinbyspecificreference, constitutes the entire andintegratedagreement ofCityandVendorregardingthesubjectmatterdescribedherein. This Agreement supersedes all prior oral or written communications, negotiations, representations, Page7of 25
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agreements andpromises. This Agreement maynot be modifiedor amended, nor anyprovisionor breachwaived,except in a writing, signed by both parties, that expressly refers to this Agreement.

36. Construction. Inthe eventofanyassertedambiguityinordisputeregardingtheinterpretationofanymatterherein, the interpretation of this Agreement shall not be resolved by any rules of construction providing forinterpretation against the party who causes the uncertainty to exist or who drafted the Agreement in whole or in part.

37. No Waiver. Waiver by either party of any one or more of the conditions of performance under thisAgreement shall not be a waiver of anyother conditionof performanceunderthisAgreement.InnoeventshallthemakingbyCityof anypayment toVendorconstituteorbeconstruedasawaiverbyCityofanybreachofcovenant,or anydefault that maythenexist onthe part of Vendor, andthe makingof anysuchpayment byCityshall innoway impair or prejudice any right or remedy available to City with regard to such breach or default.

38. Attorneys’ Fees. The prevailing party shall be entitled to recover reasonable costs, attorneys’ fees(including the reasonable value of the services rendered by the City Attorney’s Office) and expenses, includinginvestigationfees andexpertwitnessfees,inadditiontoanyotherrelievetowhichthatpartymaybeentitled,inanylegal actionor other proceeding, includinganactionfordeclaratoryrelief,fortheenforcementofthisAgreementorbecause of an alleged dispute, breach, default or misrepresentation in connection with this Agreement.

39. Notice. Except as otherwise required by law, a notice or communication authorized or required by thisAgreement shall be in writing and shall be deemed received—on (a) the dayof deliveryif deliveredbyhandorovernight courier service duringCity’s regular business hours or (b) onthe thirdbusiness dayfollowingdepositinthe UnitedStatesmail,postageprepaid—totheaddresseslistedas“(11)AddressesforNotice”ontheCoverPageorto such other address as one party may notify the other in writing.

40. Counterparts.ThisAgreementmaybeexecutedinoneormorecounterparts,eachofwhichshallbedeemedtobe anoriginalandallofwhich,whentakentogether,shallbedeemedtobeoneandthesameagreement.Asignedcopyof this Agreement transmittedbyemail toeither of Cityor Vendor’s Project Managers’ emailslistedin“(12)Contact Emails” onthe Cover Page or byother means of electronic transmissionshallbedeemedtohavethesamelegal effect as delivery of an original executed copy of this Agreement for all purposes.

41. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwiseunenforceable byacourtofcompetentjurisdiction,theremainingprovisionsofthisAgreementshallcontinueinfullforce and effect.

42. LimitationofLiability.InnoeventshallVendorbeliableunderthisagreementtoCityoranythirdpartyforconsequential, indirect, incidental, liquidated,exemplary,punitive,orenhanceddamages,lostprofitsorrevenues,ordiminutioninvalue, arisingout of, relatingto, or inconnectionwithanybreachof this(Agreement),regardlessof(a) whether suchdamageswereforeseeable,(b)whetherornotitwasadvisedofthepossibilityofsuchdamagesand(c) the legal or equitable theory (contract, tort or otherwise) upon which the claim is based. [Signatures on next page]
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IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the date that is written as “(1) Agreement Start Date” on the Cover Page.

CITY OF OXNARD CLEAN EARTH ENVIRONMENTAL
SOLUTIONS, INC.
☐ John C. Zaragoza, Mayor Date David Stanton, Date1
☐ Alexander Nguyen, City Manager President
☐ , Purchasing Manager
☐ , Buyer
Melinda Rath, Date
ATTEST: Senior Vice President,
Sales and Customer Service
Rose Chaparro, City Clerk Date
(only if Mayor signs)
APPROVED AS TO FORM:

Stephen M. Fischer, City Date
Attorney (always required)
1 The City Council must authorize and the Mayor must sign any agreement over $200,000 annually. The City Manager may authorize and sign any agreement over $100,000 but up to $200,000 annually. The Purchasing Manager may authorize and sign any agreement up to $100,000 annually. A Buyer may authorize and sign any agreement up to $25,000 annually.

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SCOPE OF SERVICES EXHIBIT
Hazardous Waste Transportation: The Vendor shall loadRecyclable HouseholdHazardous Waste(RHHW)designatedforshipment (i.e., full drums, cubic yard boxes, etc), into Vendor’s truck. Vendor shall be licensedwiththe State of CaliforniaDepartment of Toxic Substances Control andmust have all necessaryfederal,state,andlocalpermitsandapprovals.Vendor’sdrivers, vehicles and equipment used to transport program hazardous waste shall be certified for use in handling andtransportation of hazardous waste.

The Vendor shall transport all RHHWtopre-designatedrecycling, treatment or disposal facilities inaccordance withfederal,state,andlocallawsandregulations.ThesefacilitiesshallbelicensedbytheresidentstateandtheUnitedStatesEnvironmentalProtectionAgency. Facilities that are locatedwithintheStateofCaliforniamustbeapprovedbytheStateDepartmentofToxicSubstances Control.

Non-conformingRHHWmaybe rejectedbyVendor. Title,riskoflossandallotherincidentsofownershiptonon-conformingRHHWshall remainat all times withthe City(thegenerator).RHHWshallbeconsiderednon-conformingifitisnotproperlypackaged or labeled, or has constituents, characteristics or properties not disclosedonthe Waste Profile. The Cityshall payVendor for the handling, transporting, storing and caring for and, if applicable, disposing of suchnon-conformingRHHW.Notwithstanding anything to the contrary, the City shall be responsible for any and all losses, liabilities, claims, penalties,forfeitures, suits, and the cost andexpenses incident thereto(includingcost of defense, settlement andreasonable attorneys’fees) which Contractor may hereafter incur, or pay out arising out of or related to non-conforming RHHW.

Manifesting: At Vendor’s expense, manifests,billsofladingandmarkingsshallbepre-printedwithgeneratorinformationandthe Department of Transportation (D.O.T) description. City staff will reviewdrummarkings, labels, andmanifests prior tosigning manifest and shipping RHHW. Vendor is responsible for providing proper D.O.T. placard of vehicle at time ofshipment.

Vendor shall efficiently and correctly complete a manifest of materials complying with, and satisfying requirements such as:
● California Code of Regulations, Title 22● Code of Federal Regulations, Title 40 and Title 49● California Department of Toxic Substance Control● U.S. EPA permitted disposal facility requirements for receiving hazardous materials● Certified Unified Program Agency WeighingRHHW: The Vendor shall weighall RHHW. The netweightshallbelistedonallmanifestsandbillsofladingandincludedonall requiredreports,includingCalRecycleForm303(excludingtareweighti.e.,polydrums,pallets,cylinders,etc)as provided by scale having current certification as appropriate and necessary.

RHHWDestination Facilities: Vendor shall provide a list of facilities that accept RHHWfor reclaiming or recyclingdisposal. Vendor shall include disposal site name, mailing and facility address and phone number, and types of RHHWaccepted at each facility. Vendor shall list all necessary operation permits, indicate the permit status for each facility, andnumber of violationsforthepastthree(3)years.DuringthetermoftheAgreement,iftheVendorsubstitutesanyfacilityonthelist, Vendor shallnotifytheCitywithinthirty(30)daysandprovidetheProjectManagerwiththenewfacilityinformation.TheCity reserves the right to audit or inspect any of the listed facilities to ensure facility compliance.

The Vendor shall warrant that Vendor-owned, or approvedfor use, storage treatment/disposal facilities are currentlylicensedand permitted at time of receipt of City’s RHHW. In the event that a storage/treatment facilityhas lost its permittedstatusduringthe termof the Agreement, the Vendor shall promptlynotifythe CityofsuchlossandworkingoodfaithwiththeCitytosecure appropriate disposal capacitythroughother facilities. The Vendor shalldiscloseitsownershiporfinancialinterestinany storage, treatment or disposal facility proposed or used by the City.

RHHW Management Preferences:The Vendor shall follow, in order of preference, the City’s RHHW managementpreferences for recycling options: (1) reuse, (2) recycling, (3) energy recovery, (4) treatment, (5) incineration, and/or (6)landfill/stabilization. The Vendor shall recycle RHHW whenever feasible. The City aims to reflect the waste disposal hierarchy Page10of 25
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established by the State of California in its programs as much as possible. This hierarchy calls for source reduction and reusefirst, and then recycling and reclamation whenever feasible. Environmentally sound incineration and hazardous waste landfilldisposal are considered the least desirable options. It is the City’s desire to recycle, process, treat, minimize, and consolidate asmuch RHHW as is possible prior to shipment for final disposal. Recycling, energy recovery, and treatments are preferredmethods of disposal because they are less likely to result in long-term liability.

The Vendor shall recycle easily recyclable materials and demonstrate that efforts are made to recycle more difficult materials.The City will be responsible for using the abovementioned selected methods of disposal for each waste stream. In the eventRHHW is not managed in accordance with the City’s selected recycling methods the Vendor shall pay liquidated damages inthe amount of one thousand ($1,000) dollars per 55 gallon drum.

Certificates andDocumentation: The Vendor shall provide appropriate documentation, certificates andrecords as requiredbyapplicablefederal,state,andlocallawsandregulationsandtheCity.Alldocumentationshallbecompletedclearly,correctlyand legibly. Copies of any manifest attachments shall be provided to the Project Manager at the time of transport.Documentation submittals for all work shall include but not be limited to:
● Bills of lading or non-hazardous waste manifests● Hazardous waste manifests and continuations sheets● Labpack inventory sheets● Certificates of decontamination, disposal and/or recycling● Monthly and annual Form 303● Event summary reports Appropriate copies of the documentation listed above shall be furnished tothe City’s Project Manager at the time of wasteshipment or at a time mutually agreed upon in writing by the City and Vendor.

IfrequiredbytheCity’sProjectManager,theVendorshallprovidereconciliationofmanifestandaletterofexplanationforanyshipping or manifest discrepancies.

The Vendor shall furnish closed originals of all uniform (non-hazardous) waste manifests, signed by a duly authorizedrepresentative of the receiving treatment, storage, anddisposal facility, tothe City’s Project Manager withinfourty-five (45)calendar days of RHHW shipment.

At all times duringthe transportation, storage, anddisposal of RHHWmanagedunderthisAgreement,theVendorshallknowthe location, condition, and status of eachitemmanaged. Uponrequest, the Vendor shall make this informationavailable inwrittenprogress reportstotheCity’sProjectManager.Theprogressreportsshallincludealistingofitemsremoved,referencedby identification and uniformhazardous waste manifest numbers. The reports shall containa descriptionof the locationandstatus of RHHW on the date of the progress report.

Reporting: The Vendor shall complete CalRecycle Form303for eachfiscal year andsubmitthecompletedformtotheCityeachSeptember 30th. The Vendor shall provide the informationthroughelectronicmailinaformatapprovedbytheCity.TheVendor shall alsoprovide quarterlyreports includingtables andcharts depictingthe amounts andtypes of RHHWcategoriescollected and management methods of materials collected. Vendor shall provide certificates of receipt or provide certificateswhen available.

Spill PreventionandCleanUp: The Vendor shall onlyuse methods, equipment andpractices requiredbyallfederal,state,andlocal laws andregulations as wellasindustryrecommendedandapprovalmethods,equipmentandpracticestoensurethatno discharges, releases, spills or leakage occurs duringthe loading, transportation, storage anddisposal of RHHWmanagedunder this Agreement.

Inthe event of a discharge,release,spillorleakageofRHHWduringloading,transportation,storageordisposalofwastes,theVendorshalltakeimmediateactiontoprotecthumanhealthandtheenvironment.AtnoexpensetotheCity,theVendorshallbefully responsible for the remediation and clean up any such discharge, release, spill, or leakage, in accordance with allapplicable federal, state and local laws and regulations.

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Shouldanyaccident or incident occur that results inanydischarge, release, spill orleakage,theVendorshallnotifytheCity’sProject Manager by telephone or in person as soon as practicable, after the immediate emergency measures have beenundertaken. The Vendor shall notify and report the event to the appropriate regulatory or emergencyresponse agencies, asrequired under federal, state, and local laws and regulations.

At its discretion, the Citymaydecide the actions tobe taken, shouldanydischarge, release, spill or leakageofRHHWoccurduringloadingand/or transportationactivities onCityproperty. The Vendor shall compensate the Cityfor anycosts incurredfor response to any discharge, release, spill or leakage of RHHWoccurring on City property during unloading vehicles,loading,packagingand/ortransportationactivitiescausedbytheVendor’snegligence.IfrequestedbytheCity,theVendorshallfurnish the City’s Project Manager with a detailed written report describing any discharge, release, spill, or leakage ofhazardous wastes during transportation, storage, or disposal of RHHW.

The Del Norte Station RHHWDrop-Off Center takes place outdoors. The Vendor shall protect the collectionarea fromanyrunoff of residual materials, or spills.

RegulatoryRequirements: The Vendor is responsibleforkeepinguptodateonallregulationspertainingtothemanagementof RHHW. The Vendor must bethoroughlyknowledgeableontherequirementsoftheDepartmentofResourcesRecyclingandRecovery (CalRecycle) programs suchas the BatteryandPaint StewardshipActs andregulations andpolicies relatingtotheenvironmentally sound management and recycling of RHHW.

Monthly Invoice: Vendor shall send a monthly invoiceto City for Vendor’s cost of loading, transport and delivery of RHHWto licensed and permitted recycling centers. The monthly invoice shall itemize types, quantities and unit cost of RHHW anddates of service. The invoice shall include all labor, supervision, equipment, materials, supplies, fees, permits, transportation,and any other cost directly or indirectly relating to the work. City shall pay Vendor within thirty (30) days of receiving monthlyinvoice.

Safety Practices: Vendor shall follow all City operationaland safety practices while providing service at the Del NorteFacility. Vendor shall comply with all City policies, procedures and practices regarding traffic safety and the wearing ofpersonal protective equipment such as hard hats, safety-vests, safety glasses, gloves, and safety footwear.

Household Battery Collection:Once a month, or asrequested by the Project Manager, Vendor shall pick-up batteries fromcollection points at satellite locations within the City, such as City Hall, the Public Safety Building, the Municipal ServiceCenter, the Corporate Yard and other buildings and facilities owned and operated by the City as requested by the ProjectManager, once a month, or as needed.

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RATES AND COSTS EXHIBIT
Containerized Waste Service Type of Container Price Per Container4’ Fluorescent Bulb Per Box of 37Per Bulb $35.15$0.958’ Fluorescent Bulb Per Box of 37Per Bulb
$35.15$0.95Metal Halide Bulb Per Bulb $2.50
Oil Based Paint Waste 55 gallon drum $195.00
Water Based Paint Waste 55 gallon drum $195.00
Mixed Solvent/Sludge Waste 55 gallon drum $145.00
Absorbent Waste 55 gallon drum $150.00
Aerosols Cans 55 gallon drum $195.00
Mixed Household Cleaner Waste 55 gallon drum $275.00
Antifreeze 55 gallon drum $115.00
Mixed Alkaline Batteries Waste 15 gallon drum $75.00
Used Oil,
Drained Oil Filters
55 gallon drum
55 gallon drum
$145.00
$115.00
Propane Cylinders Camping Stoves
Natural Gas Propane Tanks 5 to 15 gallon tank
$15.00
$25.00
Misc. Non Propane Gas Tanks CBC
Vacuum Truck Service Hour Rate $250.00
Oily Water/Clarifier Pit Waste 10-30% Solid Per Gallon $1.25 Acid-Lead Batteries
Auto
Motorcycle
Computer
$0.03 per pound
$0.15 per pound
$0.15 per pound
Toxic liquid generic profile 55 gallon drum $295.00
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Toxic solid generic profile 55 gallon drum $250.00
Flammable solid generic profile 55 gallon drum $395.00
Paint related material com. pack Cubic Yard Box $830.00 Aerosols (non-foaming) Cubic Yard Box $750.00
Fuses, road flares Per Pound $5.25
Lighters 15 gallon drum $175.00
Non-Resource Conservation and Recovery Actsolid generic profile 55 gallon drum $150.00
Hydrogen peroxide lab pack 5 gallon drum $150.00
Compact fluorescent bulbs 55 gallon drum $275.00
Fire extinguishers Each $25.00
Organic peroxide lab pack Per Pound $6.00
Sharps containers
Sharps containers
15 gallon drum
55 gallon drum
$195.00
$375.00
Non-Polychlorinated biphenyls ballasts 15 gallon drum $375.00 Polychlorinated biphenyls ballasts 15 gallon drum CBC
Oxygen cylinder, medium Each $50.00
Acetylene cylinder, large Each CBC
Helium cylinder, 5 gallon Each $25.00
Methylacetylene (propyne) and propadiene gas,medium
Each CBC
Carbon dioxide cylinder, medium Each $25.00
Non-Resource Conservation and Recovery ActLiquids lab pack 55 Gallon Drum $150.00
Lithium ion batteries, non-universal
5 gallon drum (10 poundminimum) Mail back program $ 75.00 Page14of 25
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Ni-cad batteries, dry, universal waste
5 gallon drum (10 poundminimum) Mail back program
$ 96.00
Labor Charges for specialized service
Chemist for any repacking of drums Per Hour $65.00
Technician for any repacking of drums Per Hour $51.00
Driver for any loading time greater than 1 hour Per Hour $50.00 Hazardous Characterization of unknowns Each $50.00
Supply Charges
55 gallon poly drum, new Each $82.00
30 gallon poly drum, new Each $60.00
15 gallon poly drum, new Each $60.00
5 gallon poly drum, new Each $30.00
Cubic yard box Each $75.00
Vermiculite, 3 cubic yard Each $45.00
4 foot fluorescent barrels (slide-top) Each $30.00
8 foot fluorescent barrels (slide-top) Each $40.00
4 foot straight fluorescent tube boxes Each $30.00
8 foot straight fluorescent tube boxes Rach $40.00
In case of any discrepancy between the cost per unit and the extended amount, the cost per unit shall prevail; but, if the amountset forth as an cost per unit amount is ambiguous, unintelligible, uncertain, omitted or identical to the amount listed in theextended amount, then the amount set forth in the extended amount shall prevail. In case of any discrepancy between theextended amount and the total bid amount, the extended amount shall prevail; but, if the amount set forth as an extendedamount is ambiguous, unintelligible, uncertain, omitted or identical to the amount listed in the total bid amount, then theamount set forth in the total bid amount shall prevail. In case of any discrepancy between words and figures in the total bidamount, the words shall prevail.

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SCHEDULE OF SERVICES EXHIBIT
Vendor shall provide Services during scheduled business hours Monday through Saturday from 8:00 a.m. to 4:00 p.m. on anon-call basis upon the request of the City. Vendor shall return service calls or emails within twenty-four (24) hours of the initialcall or email from the City. Vendor shall schedule the collection of RHHW for transport and delivery to a specialized recyclingcenter within forty-eight (48) hours of the initial call or email upon request.

The City does not guarantee Vendor any minimum or maximum amount RHHW that the City and Vendor agree to in thisAgreement. City shall provide access to Vendor for loading RHHW into their transport vehicle. Vendor shall be excused fordelays from causes beyond their control. The denial of Services by the Vendor may be interpreted as nonperformance andbreach of the Agreement.

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INSURANCE EXHIBIT Exhibit INS-I

INSURANCE REQUIREMENTS FOR VENDORS(WHO DELIVER, INSTALL OR MAINTAIN PRODUCTS WITH CONTRACTORS POLLUTION LIABILITY)

1. Vendor shall obtain and maintain during the performance of anyservicesunderthisAgreementthefollowinginsuranceagainstclaimsforinjuries to persons or damages to property which may arise fromorinconnectionwiththesaleanddelivery,installationormaintenanceofproductsby vendor, its agents, representatives, or employees. a. Commercial GeneralLiabilityInsurance,includingContractualLiability,inanamountnotlessthan$1,000,000combinedsinglelimit for bodily injury and propertydamageforeachclaimantforgeneralliabilitywithcoverageequivalenttoInsuranceServicesOfficeCommercialGeneralLiabilityCoverage(OccurrenceFormCG0001).Ifageneralaggregatelimitisused,thatlimitshallapplyseparatelytotheprojectorshallbetwice the occurrence amount; b. Business Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury andproperty damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage(Occurrence Form CA0001) covering Code No. 1, “any auto;” c. Contractors Pollution Liability and Errors & Omissions applicable to the work being performed, with a limit no less than$2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year. d. Workers’ Compensation Insurance in compliance withthelawsoftheStateofCalifornia,andEmployer’sLiabilityInsuranceinan amount not less than $1,000,000 per claimant.

2. Vendor shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsementseffecting coverage required by this Exhibit INS-I. The certificates and endorsements for each insurance policy are to be signed by a personauthorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other formsapproved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before workcommences.City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance andendorsements shall be sent via email (or fax if necessary) to the Risk Manager, addressed as follows (do not send hard copies):

City of OxnardInsurance ComplianceReference No.P.O. Box 100085 – OXDuluth, GA 30096Via Email:[email protected] Fax: 678-259-1007

3. Vendor agrees that all insurance coverages shall be provided by aCaliforniaadmittedinsurancecarrierwithanA.M.BestratingofA:VIIor better and shallbeendorsedtostatethatcoveragemaynotbesuspended,voided,canceledbyeitherparty,orreducedincoverageorlimitswithout30 days’ prior written notice to theRiskManager. TheRiskManagershallnotapproveoracceptanyendorsementiftheendorsementcontains“besteffort” modifiers or if the insurer is relieved from the responsibility to give such notice.

4. Vendor agrees thattheCommercialGeneralLiabilityandBusinessAutomobileLiabilityInsurancepoliciesshallbeendorsedtonameCity,its City Council, officers, employees and volunteers as additionalinsuredsasrespects: liabilityarisingoutofactivitiesperformedbyoronbehalfofvendor; productsandcompletedoperationsofvendor;premisesowned,occupiedorusedbyvendor;orautomobilesowned,leased,hiredorborrowedby vendor. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers,employeesandvolunteers.

5. The coverages provided to City shall be primary and not contributing to or inexcessofanyexistingCityinsurancecoverages(thismustbe endorsed). Additionally, the workers’ compensationpolicyshallincludeawaiverofallrightsofsubrogationwhichtheinsurermayhaveagainstthe City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers,employees and volunteers. Theinsuranceshallapplyseparatelytoeachinsuredagainstwhomclaimismadeorsuitisbrought,exceptwithrespecttothe limits of the insurer’s liability.

6. Any deductibles or self-insured retentions must be declared to and approved by the Risk Manager. At the option of the Risk Manager,either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its City Council, officers, employees andvolunteers, or the vendor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

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INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS Certificates of Insurance
The sample accordformonthe followingpage is providedtofacilitate your preparationandsubmissionofcertificatesofinsurance.You may use this or any industry formthat shows coverage as broad as that shown on the attached sample. Please note thecertificate holder address must be as shown on the attached sample accordformwiththe contract number andinsuranceexhibit identification information completed. Improperlyaddressedcertificates maydelaythe contract start-update because theCity’s practice is toreturnunidentifiableinsurancecertificatestotheinsuredforclarificationastothecontractnumber. Cancellationprovisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier toprovide notice of cancellation.

Endorsement Forms
Original endorsements are requiredfor commercial general liabilityandbusiness automobileliabilityinsurancepoliciesandmustbeattached to the applicable certificate of insurance. City preference is that you use the endorsement forms which are attached.Substitute forms will be accepted, however, as long as they include provisions comparable to the attached.

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ACORD CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)

PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

CODE SUB-CODE

COMPANIES AFFORDING INSURANCE COVERAGE

INSURED COMPANYLETTER

A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANYLETTER
B
COVERAGESTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TOWHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

COLTR

TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVEDATE (MM/DD/YY)

POLICY EXPIRATIONDATE (MM/DD/YY)
LIMITS
A
GENERAL LIABILITY[x] COMMERCIAL GENERAL LIABILITY [x] CLAIMS MADE[x] OCCUR.[x] OWNER'S & CONTRACTOR'S PROT.

GENERAL AGGREGATE
$1,000,000
PRODUCTS COMP/OP AGG.
$1,000,000
PERSONAL & ADV. INJURY
$1,000,000

EACH OCCURRENCE
$1,000,000
FIRE DAMAGE (Any one fire)
$
MED. EXPENSE (Any one person)
$
A AUTOMOBILE LIABILITY[x] ANY AUTOALL OWNED AUTOSSCHEDULED AUTOSHIRED AUTOSNON-OWNED AUTOSGARAGE LIABILITY

COMBINED SINGLE
$1,000,000LIMIT

BODILY INJURY
$(Per person)

BODILY INJURY
$(Per accident)

PROPERTY DAMAGE
$

A EXCESS LIABILITYUMBRELLA FORMOTHER THAN UMBRELLA FORM

EACH OCCURRENCE
$

AGGREGATE
$

A WORKERS' COMPENSATIONANDEMPLOYERS' LIABILITY

STATUTORY LIMITS

EACH ACCIDENT
$1,000,000

DISEASE-POLICY LIMIT
$1,000,000

DISEASE-EACH EMPLOYEE
$1,000,000
A OTHERContractors Pollution Liability and Contractors Pollution Errors & Omissions

PER CLAIM / OCCURRENCE
$2,000,000

GENERAL AGGREGATE
$2,000,000

DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS

CERTIFICATE HOLDER
CITY OF OXNARDAttn: Insurance ComplianceReference No._______P.O. Box 100085 – OXDuluth, GA 30096Via Email:[email protected] Fax: 678-259-1007 CANCELLATIONSHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TOMAIL 30DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALLIMPOSE NO OBLIGATION OR LIABILITY OFANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.AUTHORIZED REPRESENTATIVE Page19of 25
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Agreement No. A-8442
GENERAL LIABILITY SPECIAL ENDORSEMENTFOR THE CITY OF OXNARD (the “City”)

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER
POLICY INFORMATION:Insurance Company:Policy No.:Policy Period: (from) (to)LOSS ADJUSTMENT EXPENSE  Included in Limits In Addition to Limits Telephone:
 Deductible Self-Insured Retention (check which)of $with an Aggregate of $ applies tocoverage.  Per Occurrence  Per Claim (which)

NAMED INSURED
APPLICABILITYThis insurance pertains to the operations,productsand/ortenancyofthenamedinsuredunderall written agreements and permits in force with the City unless checked here in which case only the followingspecific agreements and permits with the City are covered:

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE
GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY COMPREHENSIVE GENERAL LIABILITY OWNERS & CONTRACTORS PROTECTIVE  Claims MadeRetroactive DateOccurrence

OTHER PROVISIONS

COVERAGES
LIABILITY LIMITS IN THOUSANDS $

EACH OCCURRENCE

AGGREGATE
 GENERAL PRODUCTS/COMPLETED OPERATIONS PERSONAL & ADVERTISING INJURY FIRE DAMAGE Underwriter=s representative for claims pursuant to this insurance.

CLAIMS:Name:Address:

Telephone: ( )
In consideration ofthepremiumchargedandnotwithstandinganyinconsistentstatementinthepolicytowhichthisendorsementisattachedoranyendorsementnoworhereafterattachedthereto,insurancecompanyagreesasfollows:

1. INSURED.The City, its officers, agents, employeesand volunteers are included as insureds with regard to liability and defense of suits arising from the operations, products and activitiesperformed by or on behalf of the named insured.2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performedby the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premisesleased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain ofcoverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess ofthis insurance and shall not contribute with it.3. SEVERABILITY OF INTEREST. This insurance appliesseparately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. Theinclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.4. CANCELLATION NOTICE. With respect to the interestsof the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior writtennotice by receipted delivery has been given to the City.5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failureto comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided tothe City, its officers, agents, employees or volunteers.6. SCOPE OF COVERAGE. This policy, if primary, affordscoverage at least as broad as:a. Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; orb. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.

ENDORSEMENT HOLDER
CITY OF OXNARDAttn: Insurance ComplianceReference No._______P.O. Box 100085 – OXDuluth, GA 30096Via Email:[email protected] Fax: 678-259-1007 AUTHORIZED REPRESENTATIVE Broker/Agent  Underwriter  I (print/type name),warrantthatIhaveauthoritytobindthe above-mentioned insurancecompanyandbymysignaturehereondosobindthiscompanyto this endorsement.

Signature (original signature required)
Telephone: ( ) Date Signed
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AUTOMOBILE LIABILITY SPECIAL ENDORSEMENTFOR THE CITY OF OXNARD (the “City”) SUBMIT IN DUPLICATEENDORSEMENT NO. ISSUE DATE (MM/DD/YY) PRODUCER POLICY INFORMATION:Insurance Company:Policy No.:Policy Period: (from) (to)LOSS ADJUSTMENT EXPENSEIncluded in LimitsIn Addition to Limits Telephone:
 Deductible  Self-Insured Retention (check which)of $with an Aggregate of $ applies tocoverage.  Per Occurrence Per Claim (which) NAMED INSURED APPLICABILITY. Thisinsurancepertainstotheoperations,productsand/ortenancyofthenamedinsuredunderallwrittenagreementsandpermitsinforcewiththeCityunlesscheckedhereinwhichcaseonly the following specific agreements and permits with the City are covered:

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

OTHER PROVISIONS
 COMMERCIAL AUTO POLICY
 BUSINESS AUTO POLICY
 OTHER

LIMIT OF LIABILITY
CLAIMS:Underwriter’s representative for claims pursuantto this insurance.Name:Address:

Telephone:()
$ per accident, for bodily injury and propertydamage.

Inconsiderationofthepremiumchargedandnotwithstandinganyinconsistentstatementinthepolicytowhichthisendorsementisattachedoranyendorsementnoworhereafterattachedthereto,insurancecompany agrees as follows:

1. INSURED.The City, its officers, agents, volunteersand employees are included as insureds with regard to liability and defense of suits arising from the operations, products and activitiesperformed by or on behalf of the named insured.2. CONTRIBUTION NOT REQUIRED.As respects: (a) work performedby the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premisesleased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain ofcoverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess ofthis insurance and shall not contribute with it.3. SEVERABILITY OF INTEREST. This insurance appliesseparately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. Theinclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.4. CANCELLATION NOTICE.With respect to the interestsof the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior writtennotice by receipted delivery has been given to the City.5. PROVISIONS REGARDING THE INSURED’S DUTIES. Anyfailureto comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided tothe City, its officers, agents, employees or volunteers.6. SCOPE OF COVERAGE.This policy, if primary, affordscoverage at least as broad as:a. Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); orb. If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.

ENDORSEMENT HOLDER
CITY OF OXNARDAttn: Insurance ComplianceReference No._______P.O. Box 100085 – OXDuluth, GA 30096Via Email:[email protected] Fax: 678-259-1007

AUTHORIZED REPRESENTATIVE
 Broker/Agent  Underwriter 
I (print/typename),warrantthatI haveauthorityto bindtheabove-mentionedinsurancecompanyand by my signaturehereondo so bindthiscompanyto thisendorsement.

Signature (original signature required)
Telephone: ( ) Date Signed
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LIVING WAGE POLICY EXHIBIT
The LivingWage PolicyoftheCityofOxnardisherebyadoptedbytheCityCouncilonJuly9,2002tobeeffectiveOctober1,2002.

1. Pursuant to this Living Wage Policy, Vendor shall pay those employees who provide services to the City under contract:
(a) Effective October 1, 2002, at least $9.00anhour for the time duringwhichthe employee isprovidingservicestothe City; (b) Effective July1, 2003, at least $9.25anhour for the time duringwhichthe employee is providingservicestotheCity and 32 hours of paid leave per every calendar year in which an employee provides services to the City; (c) Effective July1, 2004, at least $10.59anhour for the timeduringwhichtheemployeeisprovidingservicestotheCity and 64 hours of paid leave per every calendar year in which an employee provides services to the City; and (d) Effective July1, 2005, at least $12.22anhour for the timeduringwhichtheemployeeisprovidingservicestotheCity and 96 hours of paid leave per every calendar year in which an employee provides services to the City.

2. The hourly rates established in Section 1 shall be adjusted July 1, 2006 and, each July 1thereafter, accordingtothepercentage change since July 1, 2005 in the Consumer Price Index prepared by the Bureau of Labor Statistics for the LosAngeles area relating to all urban consumers.

3. AservicecontractorexecutingaservicecontractwiththeCityforwhichtheCitywillpaythecontractor$25,000ormoreduring the contract term shall be subject to the Living Wage Policy.

4. Aservice contractor executing more than one service contract with the City, and the combinedmonetarytotal of thepayments by the City pursuant to such contracts is $25,000or more for the combinedcontract terms shall be subject totheLiving Wage Policy.

5. This LivingWage Policyshall not governthefollowingtypesofcontractsfor: (a)thepurchase,rentalorleaseofgoods,products, equipment, supplies or other personal property; (b) public works projects as definedinState or local law; and(c)professional services.

6. This Living Wage Policyshall not governthe followingservice contractors: (a) nonprofit entities organizedunder IRSCode section501(c)(3); (b) public entities suchas cities, counties, special districts, states andthefederalgovernment;and(c)businesses employing fewer than five persons.

7. The CityAttorneyis directedtoinclude inall standardtrade services contracts andall contractsinvolvinguniquetradeservices, the language set forth inExhibit 1attachedhereto and incorporated herein by this reference.

8. If Vendor fails to comply with this Living Wage Policy, the CityManager is directedtoterminate the subject servicecontract immediately and to impose appropriate fines and penalties as set forth in the service contract.

9. The City Manager and the City Attorney are responsible for the administration and enforcement, respectively, of theLivingWagePolicy.IfanemployeeofaservicecontractorgovernedbytheLivingWagePolicyconcludesthathe/shehasbeenretaliated against for the exercise of rights under the LivingWage Policy, the employee shouldcontact the CityManager at385-7430.

10. The City Manager shall reasonably cooperate with representatives of the Ventura County Living Wage Coalition toensure the effective administration and enforcement of the Living Wage Policy.

11. This Living Wage Policy may be changed only by City Council and only after a duly noticed public hearing.

12. The City Manager is directed to ensure that the City Council will reviewthe Living Wage Policy as part of the FY2003-2004/05 budget process.

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Agreement No. A-8442
Exhibit 1
Living Wage Policy
Pursuant to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the CityManager and City Attorneyare directedtoinclude the followinglanguage inall standardtrade services contracts andallunique trade services contracts governed by the Living Wage Policy.

A. Vendor shall compensate anyemployee of Vendor whoprovides services under this Agreement inaccordance withthe Living Wage Policy, attachedheretoandincorporatedhereinbyreference as the LivingWage PolicyExhibit. Whilethis Agreement is ineffect, Vendor shall paysuchemployeenolessthan$16.89perhourforeachhourthatsuchemployeeprovides services under this Agreement. In addition, while this Agreement is in effect, Vendor shall provide to suchemployee no less than 96 hours of paid leave per calendar year.

B. Vendor agrees topost, atalocationreadilyaccessibletothoseemployeesprovidingservicestotheCity,acopyoftheLiving Wage Policy adopted by City Council on July 9, 2002 and effective October 1, 2002.

C. If Vendor fails tocompensate suchemployeepursuanttotheLivingWagePolicy,theCityManagerordesigneeshallterminate this Agreement on written notice to Vendor, effective immediately.

D. Inaddition, if Vendor fails tocomplywiththe LivingWage Policyinanymanner,VendorshallpaytoCityafineof$500andshall paytoanyemployee providingservices under this Agreement apenaltyofthreetimestheamountorvalueof the compensationowedtosuchemployee under the LivingWage Policy. Vendorshallpaysuchfineandpenaltywithin15 days after the City Manager or designee provides written notice to Vendor of the amount owed.

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Agreement No. A-8442
CITY OF OXNARD LIVING WAGE REQUIREMENTSEFFECTIVE JULY 1, 2021

43. Vendor shall compensate anyemployee ofVendorwhoprovidesservicesunderthisAgreementinaccordancewiththe LivingWagePolicy,attachedheretoandincorporatedhereinbyreferenceasExhibit1. WhilethisAgreementisineffect, Vendor shall paysuchemployee noless than$16.89per hour for eachhour that suchemployeeprovidesservicesunder this Agreement. This hourlyrate shall beadjustedonJuly1,2022,andeachJuly1thereafter,accordingtothepercentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the LosAngeles area relating to all urban consumers (CPI-U), indexbase 1982-84=100, comparingMayof the previous year toMayof the current year. Inaddition,whilethisAgreementisineffect,Vendorshallprovidetosuchemployeenolessthan96 hours of paid leave per calendar year. a. Vendor agrees topost, at a locationreadilyaccessibletothoseemployeesprovidingservicestotheCity,acopyofthe Living Wage Policy adopted by the Oxnard City Council on July 9, 2002 and effective October 1, 2002. b. If Vendor fails tocompensate suchemployee pursuant tothe LivingWage Policy, the CityManager or designeeshall terminate this Agreement on written notice to Vendor, effective immediately. c. Inaddition, if Vendor fails tocomplywiththe LivingWage Policyinanymanner,VendorshallpaytoCityafineof $500 and shall pay to any employee providing services under this Agreement a penaltyof three times the amount orvalue of the compensationowedtosuchemployee under the LivingWage Policy. Vendorshallpaysuchfineandpenaltywithin 15 days after the City Manager or designee provides written notice to Vendor of the amount owed. d. The foregoing requirements are restated on page 5 of the Agreement for Trade Services.

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Agreement No. A-8442
PREVAILING WAGES EXHIBIT1. Vendor acknowledges that the Project defined in the Agreement between Vendor and City is a “public work” asdefined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and that this Agreement is subject toChapter 1 and the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing suchstatutes. Vendor shall perform the Project as a public work. Vendor shall comply with and be bound by all the terms, rulesand regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.2. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft,classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to anyinterested party on request. Vendor acknowledges receipt of a copy of the DIR determination of such prevailing rate of perdiem wages, and Vendor shall post such rates at each job site covered by this Agreement.3. Vendor is required to post job site notices, as prescribed by regulation. See Labor Code Section 1771.4(a)(2).4. Vendor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning thepayment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Vendor shall, as apenalty to City, forfeit not more than $200 for each calendar day or portion thereof for each worker paid less than the DIR’sdetermined prevailing rates for the work or craft in which the worker is employed pursuant to this Agreement by Vendor orany subcontractor. The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.5. Vendor shall comply with Labor Code Section 1776, which requires Vendor and each subcontractor to (1) keepaccurate payroll records and verify such records in writing under penalty of perjury, (2) certify and make such payrollrecords available for inspection, and (3) inform City of the location of the records.6. Vendor shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative CodeTitle 8, Section 200et seq. concerning the employmentof apprentices on public works projects for all apprenticeableoccupations. Before commencing work under this Agreement, Vendor shall provide City with a copy of the informationsubmitted to any applicable apprenticeship program. Within 60 days after concluding the Project, Vendor and each of itssubcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under thisAgreement.7. Vendor may not be debarred or suspended throughout the Agreement Term pursuant to Labor Code Section 1777.1or 1777.7. If he, she or it becomes debarred or suspended in the Agreement Term, Vendor must immediately notify City.8. Vendor is not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract forpublic work, as defined in Labor Code Sections 1720 through 1861, unless currently registered and qualified to performpublic work pursuant to Labor Code Section 1725.5. Vendor shall continue without interruption to stay registered andqualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provisiondoes not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance workof $15,000 or less.9. Vendor acknowledges that 8 hours labor constitutes a legal day’s work. Vendor shall comply with and be bound byLabor Code Section 1810.10. Vendor shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who workexcess hours. Vendor shall, as a penalty to City, forfeit $25 for each worker employed in the performance of this Agreementby Vendor or by any subcontractor for each calendar day during which such worker is required or permitted to work morethan 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7,Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by Vendor’s employees inexcess of 8 hours per day and 40 hours per week shall be permitted upon public work upon compensation for all hoursworked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.11. The Project listed in the Agreement is subject to compliance monitoring and enforcement by the DIR.12. Vendor shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’srules and regulations, and Labor Code Sections 1860 and 3700. Vendor shall include in the written contract between it andeach subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statutory provisions.Vendor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’compliance, including without limitation, conducting a periodic review of the certified payroll records of eachsubcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified prevailing rateof wages, Vendor shall diligently take corrective action to halt or rectify any failure.13. To the maximum extent, Vendor shall hold harmless, defend (with counsel approved by the City Attorney) andindemnify City, its legislative bodies, and its officials, officers, employees and agents from any demand or claim fordamages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed aboveby any person or entity (including Vendor, its subcontractors, and each of their officials, officers, employees and agents) inconnection with any work undertaken or in connection with the Agreement, including without limitation the payment of allattorneys’ fees and other related costs. All duties of Vendor under this Section shall survive Agreement termination.

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Agreement No. A-8442 with Clean Earth
Environmental Solutions, Inc.

Public Works and Transportation Committee
March 22, 2022
Todd Vasquez-Housley
Environmental Resources Manager
124

RECOMMENDATION
2 That the Public Works and Transportation Committee
recommend that the City Council authorize the Mayor to
execute Agreement A-8442 with Clean Earth
Environmental Solutions, Inc. in an amount not to
exceed $750,000 for a three year term; for the
collection, removal, transport, recycling, and disposal of Recyclable Household Hazardous Waste (RHHW).
125

BACKGROUND
3 ● Regulations from the California Department of
Resources Recycling and Recovery (CalRecycle)
and the California Department of Toxic Substances
Control require that household hazardous waste
material be continuously processed and removed
from the premises
● RHHW: corrosive, toxic, ignitable, or reactive
ingredients that can be recycled
● Current agreement for RHHW will expire on May 7,
2022
126

BACKGROUND
4 Del Norte Buy Back Center accepts the following items at no cost to Oxnard residents with no appointment required:
● Water/oiled base paints
● Fluorescent bulbs
● Liquid cleaners
● Solvents
● Motor oils & oil filters
● Antifreeze
● Automobile batteries
● Household batteries
● Aerosols
● Propane & non-propane tanks
The Buy Back Center is open Tuesday through Saturday
9:00 AM – 3:00 PM.
127

DISCUSSION
5 ● December 15, 2021: Purchasing Department
released Request for Bid PW 22-68 for Collection
and Transportation of Recyclable Household
Hazardous Waste
● Advertised on the City of Oxnard website and the
City’s Public Purchase website
● 33 bidders notified with 5 bid responses received
128
6 DISCUSSION
Clean Earth Environmental Solutions meets all required
City contractual obligations including:
• City business tax certificate
• Insurance certificates
• Corporate filing with the California Secretary of State 129

FINANCIAL IMPACT
7 ● Total cost of this Agreement with Clean Earth
Environmental Solutions, Inc. shall not exceed
$750,000 over the three (3) year term
● Current fiscal year spending plan has sufficient
appropriations from the Environmental Resources
Fund
● No impact to the General Fund
Environmental Solutions, Inc. Spending Plan
FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25 Total
$45,000 $250,000 $250,000 $205,000 $750,000
130
Questions?
131

PUBLIC WORKS AND TRANSPORTATION COMMITTEE

AGENDA REPORT

REPORTS
AGENDA ITEM NO. D.4

DATE: March 22, 2022

TO: Public Works and Transportation Committee

FROM: Vyto Adomaitis, Community Development Director, (805) 385-7882, [email protected]
Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]

RECOMMENDATION

That the Public Works and Transportation Committee:

1. Receive a summary report on the City’s existing and proposed curb cut policies;

2. Provide input on the proposed curb cut policies; and

3. Recommend that staff should present a formal updated curb cut policy to the City Council.

Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/KwXwS42Vtrc

BACKGROUND

This item is being brought to the Committee for discussion and consideration in response to requests made previously by City Councilmembers, and most recently at the February 15, 2022 City Council meeting.

In 1992, the City approved a policy statement restricting curb cuts for various reasons (Attachment 1), and a clarification policy was issued in 2006 (Attachment 2). On September 11, 2007 City Council adopted the Bartolo Square North and South and the Hill Street Curb Cut Pilot Program (Uncodified Ordinance No. 2745), which expanded options for curb cuts within these specific neighborhoods.

Under this program, 90 curb cut permits have been issued, 18 of which were in the last year. Outside of the pilot program area, since 2012, an additional 15 reasonable accommodation permit requests that include a curb cut have been approved. Of the 15 requests that were approved, only 9 were constructed, bringing the total permitted and constructed curb cuts to 99 since 2007.

From a Code Compliance standpoint, 10 garage inspections related to issued curb cut permits are in process and 3 active code compliance cases are open for unpermitted curb cuts. 132

DISCUSSION
Roughly 50-60 inquiries regarding curb cut permits were received last year. As a means to address the numerous requests for curb cuts due to limited on-street parking, a new draft curb cut policy has been developed in a collaboration between the Community Development Department, and the Public Works Department, to provide opportunities to increase off-street parking availability within residential neighborhoods by permitting curb cuts. The draft policy is based on the 2007 Bartolo Square North and South and the Hill Street Curb Cut Pilot Program.
1992 Policy & 2007 Bartolo Square North & South and the Hill Street Curb Cut Pilot Program Current City policy generally does not allow new residential curb cuts where alley access to the property is already provided. Under the City’s current policy, only one curb cut is allowed per property and the alley access is considered to be the one allowed curb cut. Three general exceptions to this current policy exist if the requested additional curb cut is not to be installed on a collector street, and is not in the Cultural Heritage Survey District: 1) Where 70% of the existing residences on the same block (both sides of the street) currently have legal curb cuts, a new curb cut from the street will be allowed; 2) A Reasonable Accommodation can be approved based on a specific disability need that requires a curb cut however, the curb cut must be restored back to the original condition when the Reasonable Accommodation is no longer required; 3) For residents in the Bartolo Square and Hill Street neighborhoods, a special curb cut program was implemented in 2007 to allow new curb cuts, with specific conditions and restrictions.

Approximately 20 curb cut Encroachment Permits were issued by Building & Engineering last year which represent both projects which receive a Planning entitlement and projects which don’t require a Planning entitlement.

Zoning and land use considerations

The Oxnard City Code (OCC) defines front yard setback and the amount of required parking for a particular use. Front yards are to be clear of structural development from the ground to sky. In the case of single family homes, required parking is to be located within the garage to keep it screened from the street.

Specifically, OCC Section 16-333 seeks to maintain a formal delineation between areas used for parking and open space as “no person shall park or store a vehicle on any portion of residential property visible from a public street unless the vehicle is parked on a driveway.” Additionally, OCC Section 16-622 allows for tandem parking; however, “tandem parking spaces, whether or not in garages, and whether for residents, visitors or customers of the proposed use, shall not be counted toward satisfaction of the parking requirement for the proposed use.”
The City has also adopted the “Attention to Detail” design guidelines in 1992 and the Landscape Standards in 1988, and both of these documents have text which relates to either the treatment of front yards and / or screening of vehicles. The design guidelines state “Parking areas should be screened from public ways and divided with landscaping, walls, fences, landscape berms or other elements.” The landscape standards indirectly speak to parking as the standards seek to maximize open areas and minimize areas with hardscape. Specifically, the landscape standards state “All open areas shall be landscaped with some combination of trees, shrubs, ground cover or lawn. (Lawn shall not exceed 75% of the front yard, and a drought tolerant variety of grass must be specified.) The City reserves the right to modify plans in quantity and quality of landscaping.” Additionally, the landscape standards require that each single-family residence have one (1) tree planted at the front of each residence, and two (2) trees required at the side of each residence if located on a corner lot.
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Collectively, the OCC, Attention to Detail, and Landscape Standards have all contributed to the current neighborhood character. These regulations collectively seek to maintain an organized and functional area to accommodate vehicle maneuvering while also providing the most amount of screening and landscaping possible to enhance neighborhood character.

The City can modify these standards, but careful consideration should be given to the changes as it is expected that modifications to these standards would lead to changes in the neighborhood's character.

Proposed Curb Cut Policy
The intent of the new policy is to allow for additional parking for single family and duplex properties in residential areas while minimizing impacts to the existing on street parking inventories. For every new curb cut installed, there is a loss of at least one on-street parking spot. As such, in order to meet the purpose of the new proposed Curb Cut Policy, property owners must show that the new curb cut will accommodate a minimum of two registered vehicles that will be removed from existing on street parking areas.

The proposed policy builds upon the Bartolo Square North and South and the Hill Street Curb Cut Pilot Program, which allows curb cuts at properties with alleyway access with some additional modifications. The key modifications to the existing program can be summarized as follows:

1. Requires that permeable pavement be utilized at new driveways.

2. No more than 50% of the front yard area be paved.

3. Requires that existing paved front yards be reduced to a maximum of 50% of the front yard area.

4. Requires that the applicant demonstrate that they can park 2 additional vehicles off street in order to allow the curb cut, since the curb cut itself causes the loss of 1 on-street parking space at a minimum.

5. Explicitly prohibits front yard parking of commercial vehicles, RV’s, and inoperable/unregistered vehicles.

6. Requires the remaining front yard landscaping be brought into compliance with current Landscaping Standards.

Additionally, properties with existing garages shall comply with City requirements that any garage on the property be maintained free of obstructions and in such a condition that automobiles could be parked in a garage. Properties with a legally permitted Accessory Dwelling Unit (ADU) are also eligible for a curb cut. If a garage has been converted to create an ADU, replacement parking for the garage isn’t required, but replacement parking is encouraged onsite.

Similar to the Bartolo Square North/South and the Hill Street Curb Cut Pilot Program, unpermitted curb cuts must be brought up to current standards in order to be permitted.

Key issues the new Policy is trying to address:
Curb cuts and associated driveways constructed from impermeable materials increase stormwater runoff due to the increased impermeable surface area.
Additional curb cuts can only marginally help mitigate the street parking issues at best. The issue of overcrowding and associated increased number of vehicles is not addressed by adding curb cuts and the associated loss of neighborhood character due to front yard parking and loss of front yard landscaping. Curb cuts reduce on-street parking availability by as much as 1 or 2 parking spaces per curb cut. Curb cuts can cause sidewalks to be more challenging to navigate safely for the disabled community. Additional City staff time will be required to monitor that inoperable/unregistered vehicles, RV’s, and commercial vehicles are not being parked or stored in the front yard areas. 134
New Curb Cut Policy features seeking to address the key issues:
By minimizing the allowed width of curb cuts and requiring that at least 2 off street spaces be created to justify a new curb cut, additional parking can be achieved by allowing curb cuts. State Laws allowing ADU’s, including the conversion of garages into ADUs, will increase the number of vehicles parked on the streets. A curb cut policy that provides an increase in off-street parking may offset the ADU effects on neighborhood parking.
Curb cuts can be designed to maintain ADA compliant sidewalks by using a City approved alternative to the Standard Plates where a parkway does not exist.
Increased stormwater runoff can be mitigated by the use of permeable paving for new parking areas on site.
Compliance with landscaping standards can be required to help mitigate the aesthetics of front yard parking areas.
New curb cuts would not be allowed for front yard parking of commercial vehicles, Recreational Vehicles or inoperative/unregistered vehicles.

Example Areas for Committee Feedback

1. Staff recommends a citywide policy, rather than a neighborhood specific policy. Is the Council Committee supportive of this recommendation?

2. Staff recommends that the policy be reviewed after 2 years or 250 curb cuts are constructed, whichever comes first. Is the Council Committee supportive of these proposed review thresholds?

3. To improve the safety of the alleys, staff recommends inclusion of the installation of the alley lighting requirement of the Bartolo Square North and South and the Hill Street Curb Cut Pilot Program. Is the Council Committee supportive of this recommendation?

4. To support compliance with the “Attention to Detail” design guidelines, the Landscape Standards, and to mitigate stormwater runoff concerns staff recommends that no more than 50% of the front yard area be paved. This could require the removal of existing hardscape in a front yard when a curb cut is constructed. Is the Council Committee supportive of this recommendation?

STRATEGIC PRIORITIES

This agenda item supports the Quality of Life Strategy. The purpose of the Quality of Life strategy is to restore and increase quality service and programs that enrich Oxnard’s diverse community, promotes safe neighborhoods, encourages community engagement, and supports our residents in their efforts to improve their quality of life. By providing additional parking opportunities through the utilization of curb cuts, a quality of life improvement can be achieved for residents of parking impacted neighborhoods.

FINANCIAL IMPACT

There is no financial impact associated with this discussion. The City has established fees associated with permitting and inspection of curb cuts, electrical permits for the lighting requirement, initial garage inspections, and landscape reviews and inspections. If complaints are generated that will necessitate additional garage inspections, the costs of those inspections are not a costs recovery service. Those inspections are part of the daily work of the Code Compliance Division. Additional garage inspections will be part of the future assessment of the program and may necessitate the creation of the fee to cover staff time.

Prepared by: Vyto Adomaitis, Community Development Director, Michael Wolfe, Public Works Director

135

ATTACHMENTS

1. 1992 Curb Cut Policy Statement

2. 2006 Curb Cut Policy Clarification

3. Bartolo Square-Hill Street Curb Cut Program

4. Proposed New Curb Cut Policy

5. Staff Presentation
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ITEM 4.2
PAGE 1

CITY OF OXNARD

PLANNING DIVISION

POLICIES & PROCEDURES
SUBJECT: Residential Curb Cuts and Access
EFFECTIVE DATE: November 21, 2006
LAST REVISED: November 21, 2006 APPROVED BY: Susan L. Martin, AICP

Section 16-636 of the City Code describes design standards for vehicular parking areas.

Regarding curb cuts for single-family residences that are adjacent to an alley, the following clarification is provided:

1. If potential access exists off a public street frontage and an alley, but there is no existing curb cut on the public street, access shall be granted only off the alley.

2. If a curb cut exists off the public street, and it is legally permitted, the applicant need not remove the curb cut. In addition, the applicant may also have access off the alley.

3. If vehicular access exists off an alley, the applicant may have direct access (i.e. multiple access points) off the alley provided all building setback and interior yard space requirements are satisfied.

4. If no vehicular access is available from the alley, and there is no existing curb cut at the public street, the applicant must apply for an encroachment permit to allow the driveway leading to the garage.

5. In any case, only one curb cut off the public street frontage is allowed per single-family residence.
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Revised 12/04/2014 Page 1 of 3

CURB CUT PROGRAM
for the

BARTOLO SQUARE (NORTH & SOUTH) AND

HILL STREET NEIGHBORHOODS

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Revised 12/04/2014 Page 2 of 3
To increase private onsite parking spaces for the r esidents in the Bartolo Square - North, Bartolo Square - South, and Hill Street neighborhoo ds, City Council has approved a policy for the issuance of curb cut permits for dri veways in front yards within these neighborhoods.

• The policy does not allow curb cut permits on Wooley Road or Channel Islands Boulevard within these Neighborhoods.

The following three major items are required to obtain a curb cut permit:

A. INSPECTION OF GARAGE
An applicant’s garage must be able to fully functio n as a garage. (e.g. A 2 car garage must be able to park 2 cars) The city will perform an inspection of the garage prior to issuance of the curb cut permit to verify that it i s clear of storage or other items that would prohibit vehicle parking.

B. ELECTRICAL PERMIT
Properties adjacent to an alley shall install and m aintain in working order, lighting equivalent to at least 3200 lumens (typically 2-100 watt incandescent bulbs) to illuminate the alley adjacent to the garage. The light may be placed on the garage or on a pole placed in private property and shall be controlled by a motion sensor and photo-control. (NOTE: An electrical permit is required for the installat ion of any new electrical facilities. This permit can be issued simultaneous with the curb cut permit but the work must be completed prior to beginning construction of the curb cut.)

C. SITE PLAN
A site plan is required to begin the permit applica tion process. The following items must be shown on an 8 ½” by 11” (or larger) site plan:
□ Show all existing facilities that might affect the construction of the new curb cut.

These facilities include: Existing driveways, sidew alk width, water meters, trees, property lines, buildings/garages, existing/propose d electrical lighting in alley, any onsite paved area(s) (including walkways), traffic signs, utility poles, fire hydrants.

Plan must include the distance of these items from the proposed curb cut and the dimensions of all existing front yard concrete or paved surfaces.

□ Show proposed location and width of the new curb cu t. Include the distance from the property line. The maximum allowed width of a new curb cut is 15’ in the “W” dimension as per Exhibit A (attached).
□ Include owner’s name, phone number, and address where the curb is proposed. □ Most locations within these neighborhoods are const ructed with a 5-foot wide sidewalk (measured from face of curb to back of sid ewalk). To meet disabled access standards, new curb cuts/driveways must be construc ted as shown on Exhibit A (attached).
□ Curb cuts shall maintain the required ADA (American Disability Act) sidewalk minimum width of 4 feet at the proposed driveway approach. ( See Exhibit A ). □ The maximum area allowed for parking in the front yard is limited as follows:

One Car parking: A 12’ x 20’ area ( 240 square feet)
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Revised 12/04/2014 Page 3 of 3
Two Car parking: A 24’ x 20’ area (480 square feet)
The permit inspector will verify compliance with th ese front yard paving limits prior to driveway/curb cut permit sign off.
□ Properties adjacent to an alley shall install and m aintain, in working order, lighting equivalent to at least 3200 lumens (equiva lent to 2-100 watt incandescent bulbs) for illuminating the alley adjacent to the g arage. Show the location of the proposed or existing light meeting these requiremen ts on the site plan. Indicate on the site plan that the light shall be controlled by a motion sensor and photo-control.

When the above requirements have been met, an encroachment permit process for a curb cut will commence. Please note the following:

• A LICENCED CONTRACTOR IS REQUIRED FOR WORK IN THE CITY

RIGHT OF WAY
All curb cuts shall be installed by a Class “A” (Ge neral Engineering) California State licensed contractor. A contractor with a vali d City Business license and current general liability insurance, auto insurance , and workers compensation must sign the encroachment permit. (Contact the per mit staff (385.7890) for insurance requirement handout.) The property owner is also required to sign the encroachment permit.

• PERIODIC GARAGE INSPECTIONS
As part of the permitting process, the property own er shall execute a Covenant running with the land allowing, periodic follow-up garage inspections as required by the Code Compliance Division. Garage inspection will include an inspection of the alley lighting requirement. (There will be no i nspection fees associated with the periodic follow-up inspections of the garage.)

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Recording Requested by and
When Recorded Return to:

City of Oxnard
214 South C Street
Oxnard, California 93030

No Recording Fee Required In Accordance
With California Government Code Section 6103

SPACE ABOVE THIS LINE FOR RECORDING USE

AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROP ERTY

THIS AGREEMENT CONTAINING COVENANTS AFFECTING REAL
PROPERTY ("Covenants") is entered into on ________________________________, in favor of THE CITY OF OXNARD , a public body, corporate and politic (“City”), by ____________________________ ____________________________________________ (“Applicant”).

WHEREAS, Applicant is the owner of that certain real property in the City of Oxnard, County of Ventura, State of California, ("Property") commonly know as _____________________________________________________________________________, (APN ____-0-____-____) and more specifically described as Lot _________ of Tract ____________________; and

WHEREAS, Applicant wishes to obtain a permit to install a curb cut leading from Property to the adjacent City street; and

WHEREAS, Ordinance No. 2745 requires that any garage on the Property be maintained free of obstruction and in such a condition that such garage could be used for the storage of automobiles.

NOW, THEREFORE, IN CONSIDERATION OF BEING ISSUED A PERMIT TO

INSTALL A CURB CUT FROM THE PROPERTY TO THE CITY STREET, APPLICANT COVENANTS AND AGREES AS FOLLOWS:

1. Applicant, its successors and assigns, shall ma intain every two-car garage on the Property free of obstructions and in such a condition that two automobiles can be parked in such garage.

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Revised 12/04/2014 Page 2 of 3

2. Applicant, its successors and assigns, shall m aintain every one-car garage on the Property free of obstructions and in such a condition that one automobile can be parked in such garage.

3. To assure compliance with the foregoing, Appli cant, its successors and assigns, agrees to allow City Code Compliance Personnel to inspect any garage on the Property upon twenty-four hours written notice being delivered to the Applicant, or its successors or assigns, or resident of the Property who is eighteen years of age or older.

4. City, its successors and assigns, is deemed th e beneficiary of the covenants contained herein, without regard to technical classification and designation. The covenants shall run in favor of City, its successors and assigns.

5. The provisions contained herein are covenants r unning with the land and shall bind Applicant, its successors and assigns.

6. Applicant shall perform each and every obligat ion set forth in these Covenants, and this Agreement respecting the Property.

IN WITNESS WHEREOF, Applicant has executed this Agreement.

(NOTARIZATION REQUIRED)

Applicant:

By:_____________________________ By:__________________________ (Signature) (Signature)

Name: __________________________ Name: ________________________ (Print Name) (Print Name)

Title: _________________________ Title: _________________________

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Revised 12/04/2014 Page 3 of 3

NOTARY ACKNOWLEDGEMENT REQUIRED

A notary public or other officer completing this ce rtificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) §

COUNTY OF )
On _______________________, 20____ before me, _____ _____________________, a notary public, personally appeared _______________________ ___________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws o f the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

STATE OF CALIFORNIA )
) §

COUNTY OF )

On _______________________, 20____ before me, __________________________, a notary public, personally appeared __________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws o f the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
146

PROPOSED NEW RESIDENTIAL CURB CUT POLICY
Background–In1992theCityenactedapolicyrestrictingcurbcutsforvariousreasons. In2007, acurbcut pilot programwas adopted to allowcurbcuts to3specific neighborhoods withintheCity(BartoloSquare North, Bartolo Square South, and Hill Street). As a means to try and address the numerousrequests for curb cuts due to limited on-street parking, the following Program has been developed.

Purpose – The intent of this newpolicy is to enhance the parking availability in residential areas byallowingcurbcuts whileminimizingimpactstotheexistingon-streetparkinginventories. Foreverynewcurbcut installed, thereis ananticipatedloss of uptotwoon-streetparkingspots. Assuch,inordertomeet thepurposeof theProgram, propertyowners must ensurethat thenewcurbcutwillallowtworegistered vehicles to be parked off the street. Additionally, properties with existing garages shalldemonstrate, as a condition of the curb cut permit, that any two-car garage on the property ismaintainedfreeof obstructions andinsuchaconditionthat twoautomobiles couldbeparkedandthatany one-car garage on the property is maintainedfreeof obstructions andinsuchaconditionthat anautomobilecouldbeparkedinsuchgarage. Thisrequirementwouldnotbeapplicabletogarageslegallyconverted into Accessory Dwelling Units.

NEW CURB CUT
Requests fornewcurb cuts after [Month] 1st, 2022:

1. Must be requested by the property owner and be located on the front yard side of the property.2. Only one curb cut will be allowed per property.3. The curb cut is to serve a single family or duplex residence and is not to be utilized to parkcommercial vehicles, RV’s, or to store inoperable or unregistered vehicles in the front yard area.4. Must be approved and permitted by the Community Development Department Director ordesignee.5. Must meet current City of Oxnard Standard Plates or other design standards approved by theCommunity Development Department.6. Shall be inspected by the Community Development Department to ensure the curb cutinstallation meets City standards and that the other program requirements have been compliedwith.

Conditions:

1. The proposed curb cut is on a residential street that is not a Primary, Secondary, or Local Arterialas designated by the 2030 General Plan or future General Plans as approved by the City Council.2. The proposed curb cut is not in the Henry T. Oxnard Historic District.3. Does not create a traffic or pedestrian safety issue as determined by the City Traffic Engineer.4. Property does not already have an existing curb cut.5. Shall not interfere or conflict with any existing easements or utilities.6. Property owner must demonstrate that two vehicles currently parked on the street will beparked on the property. The minimum parking area for 2 cars shall be 20’ in depth x 24’ wide. 147
Tandem parking may be considered on a case by case basis if the 20’x24’ front parking area isnot feasible7. Must meet front yard landscape standards approved by the Community DevelopmentDepartment and still be able to park two vehicles on site.a. No more than 50% of the applicant’s front yard area may be paved, permeable orotherwise.b. Existing paved yards must reduce the amount of existing paving to 50% or less of thefront yard area.c. All open areas shall be landscaped with some combination of trees, shrubs, groundcover or lawn. (Lawn shall not exceed 75% of the front yard, and a drought tolerantvariety of grass must be specified.) The City reserves the right to modify plans inquantity and quality of landscaping.d. One (1) tree is required at the front of each residence, and two (2) trees required at theside of each residence if located on a corner lot. Trees shall be 24" box size (minimum).

8. Anapplicant’s garagemust beabletofullyfunctionasagarage(e.g.A2cargaragemustbeabletopark2cars). Thecitywillperformaninspectionofthegaragepriortoissuanceofthecurbcutpermit toverifythatitisclearofstorageorotheritemsthatwouldprohibitvehicleparking. Thisrequirement does not apply to garages that have been legally converted to ADU’s.

9. If applicable, properties with pre-existing garages shall execute a covenant running with the land,on a form approved by the City Attorney, requiring the ongoing maintenance of any such garagefor vehicle parking at all times.

10. The area of the front yard on residential properties available for vehicle parking shall be limitedto that necessary to park no more than two vehicles.

11. Curb cuts installed without permits shall be brought into compliance with City standards as partof the permitting process.

Requirements:

A. Width of the curb cut shall be limited to 15 feet maximum/12 feet minimum with a 3 foottransition on each side; construction shall comply with City standards including disabled accessrequirements.B. New on-site parking pad shall be constructed of a permeable material as approved byCommunity Development.C. Shall be located to maximize on-street parking in front of the residential property - no closerthan three feet from a property line and a minimum of 5 feet from light poles, fire hydrants orother obstructions; curb cut shall be located so that where feasible, at least one vehicle maypark between successive curb cuts.D. For properties with alley access, the property owner shall install and maintain in good workingorder a light providing illumination equivalent to 3200 lumens (typically 2-100 watt incandescentequivalent LED bulbs) on the alley at the rear of the property. 148
Such light shall be approved and permitted by Community Development and controlled by amotion sensor or photo-cell. (Note: An electrical permit is required for the installation of anynew electrical facilities. This permit can be issued simultaneously with the curb cut permit butthe work must be completed prior to beginning construction of the curb cut.)E. The curb cut must be installed by a Class A licensed contractor with an encroachment permitissued by the Community Development Department. The curb cut must meet City StandardPlate 115 for properties with a parkway, or “Exhibit A” as attached for properties without aparkway.F. Parking pad depth shall be a minimum of 20’, encompassed entirely on the applicant’s privateproperty, so that no part of a parked vehicle extends into the right-of-way and/or over the ADApath of travel and/or sidewalk.

SITE PLANAsiteplanis requiredtobeginthepermit applicationprocess. Thefollowingitems mustbeshownon an 8 1/2“ by 11” (or larger) site plan:a) Showall existingfacilities thatmightaffecttheconstructionofthenewcurbcut. Thesefacilitiesinclude: Existing driveways, sidewalk width, water meters, street, property lines,buildings/garages, existing/proposed electrical lighting in alley, any onsite paved area(s)(includingwalkways), trafficsigns,utilitypoles,firehydrants. SitePlanmustincludethedistanceof theseitems fromtheproposedcurbcutandthedimensionsofallexistingfrontyardconcreteor paved surfaces.b) Show the proposed location and width of the new curb cut. Include the distance fromtheproperty line. The maximumallowed width of the newcurbcut is 15feet withamaximum3foot transition at each side.c) Include the owner's name, phone number, and address where the curb is proposed.d) Includephotocopiesofthevehicleregistrationinformationforthe2vehiclesthatwillbeutilizingthe front yard driveway parking area.e) Most locations within these neighborhoods are constructed with a 5-foot wide sidewalk(measuredfromfaceof curbtobackof sidewalk). Tomeetdisabledaccessstandards,newcurbcuts/driveways must be constructed as shown onExhibitA(attached).f) Curbcuts shall maintaintherequiredADA(AmericanDisabilityAct)sidewalkminimumwidthof4 feet at the proposed driveway approach. (See ExhibitA). g) Themaximumareaallowedfor parkinginthefrontyardislimitedasfollows: TwoCarparking: a24’ x20’ area(480squarefeet) minimum, but not toexceed50%oftheproperty’sfrontyardarea. The permit inspector will verify compliance with these front yard paving limits prior todriveway/curbcut permit signoff. Tandemparkingmaybeconsideredonacase-by-casebasisifthe 24’x20’ front yard parking area is not feasible.h) Properties adjacent toanalley- showthelocationoftheproposedorexistinglightmeetingtherequirements of item“D” aboveonthesiteplan. Indicateonthesiteplanthatthelightshallbecontrolled by a motion sensor and photo-control.i) Showthedimensionsofthefrontyardarea,thedimensionsofthenewproposeddrivewayarea,and specify the permeable driveway material proposed. Manufacturerinformation/specifications for the permeable paving material should be provided. 149
j) Showthe location of newor existing front yard trees; call out andidentifyall necessaryfrontyard landscaping improvements necessary to comply with Condition #7 above.

When the above requirements have been met, an encroachment permit process for a curbcut willcommence. Please note the following:
● A LICENSED CONTRACTOR IS REQUIRED FOR WORK IN THE CITY RIGHT OF WAYAll curb cuts shall be installed by a Class “A” (General Engineering) California State licensedcontractor. AcontractorwithavalidCityBusinessLicenseandcurrentgeneralliabilityinsurance,auto insurance, and workers compensation must sign the encroachment permit. (Contact thepermit staff (805-385-7890) for insurance requirements handout.) The propertyowner is alsorequired to sign the encroachment permit. ● PERIODIC GARAGE INSPECTIONAs part of thepermittingprocess,thepropertyownershallexecuteaCovenantrunningwiththelandallowing, follow-upgarageinspections as requiredbytheCity’s CodeComplianceDivision.Garage inspection will include an inspection of the alley lighting requirement. 150
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Proposed New
Residential Curb Cut Policy
Vyto Adomaitis, Director of Community Development
Michael Wolfe, Director of Public Works
Jeff Pengilley, Assistant Director
Scott Kolwitz, Planning Manager
March, 22, 2022
152
Recommendation
• Receive a summary report on the City’s existing and proposed curb cut policies
• Provide input on the proposed curb cut policies
• Recommend that staff should present a formal updated curb cut policy to the City Council.
2 153
Background
• In 1992, the City approved a policy statement restricting curb cuts citing expenses, navigation difficulties for our disabled community, potential liabilities and more.
• A clarifying policy for single-family residences that are adjacent to an alley was issued in 2006.
• The Bartolo/ Hill Street Pilot Program, implemented in 2007, allows applications for curb cuts in the Hill Street and Bartolo neighborhoods.
• This item is in response to prior City Council requests made most recently at the February 15, City Council meeting. • Staff has prepared this item for Committee discussion and consideration.
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Discussion: Existing Policy
• Current policy only allows one curb cut per property.

Where alley access is provided, the current policy does not allow for additional curb cuts.
• There are three exceptions:

1. 70% of the existing properties on the same block have a curb cut.

2. Reasonable Accommodations

3. Bartolo Square and Hill Street neighborhoods, a special curb cut program was implemented in 2007 to allow
new curb cuts, with specific conditions and restrictions. 4 155
Existing Policy
• City staff receive approximately 50-60 curb cut inquiries annually. Curb Cut permits are issued by the Building and Engineering Division of Community Development.
• The City has issued 90 curb cut permits under the Bartolo/Hill Street pilot program and (9) granted by the Planning Division for reasonable accommodations for a total of 99 curb cut permits since 2007.
• In 2021,
• Approximately 20 curb cut permits were issued
• Staff received 50-60 inquiries regarding curb cut permits • one Development Design Review Permit was issued
• Three Reasonable accommodation permits were issued
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Zoning and Land Use Considerations
• In 1988 and 1992, the City adopted Landscape standards and “Attention to Detail” design guidelines “Parking areas should be screened from public ways and divided with landscaping, walls, fences, landscape berms or other elements.”
• The Oxnard City Code (OCC) defines front yard setbacks and the amount of parking for a particular use.
• OCC Section 16-333 maintains a formal delineation between areas used for parking and open space.
• OCC Section 16-622 allows for tandem parking with conditions. 6 157
Key concerns with Curb Cuts vs. the new Policy
7 Concern New policy mitigation
● Marginally addresses parking issues. The
issue of overcrowding and the associated
vehicles is not addressed. Curb cuts reduce
on street parking.
● Curb cuts can make sidewalks more
challenging to navigate safely for the disabled
community.
● Front yard parking areas cause an increase in
stormwater runoff which could cause flooding
and the need for expensive Storm Drain
system upgrades.
● Curb cuts and the associated front yard
parking have a negative impact of the
neighborhood character and aesthetics.
● Additional City staff time will be required to
monitor that inoperable/unregistered vehicles,
RV’s, and commercial vehicles are not being
parked or stored in the front yard areas.

● Additional parking can be achieved by
minimizing the allowed width of curb cuts and
requiring a minimum of 2 off street spaces.
● Provides an increase in off-street parking
needed to offset ADU effects on
neighborhoods.
● Curb cuts can be designed to maintain ADA
compliant sidewalks.
● Increased stormwater runoff can be mitigated
by the use of permeable pavement.
● Landscaping standards can be required to
help mitigate the aesthetics of front parking
areas.
● New curb cuts would not be allowed for front
yard parking of commercial vehicles,
Recreational Vehicles or
inoperative/unregistered vehicles.
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Review of New Proposed Policy
The proposed policy replicates the Bartolo Square curb cut program which allows curb cuts for properties with alleyway access, with some modifications:

1. Requires that permeable pavement be utilized at new driveways and that no more than 50% of the front yard area be paved.

2. Requires that existing paved front yards be reduced to a maximum of 50% of the front yard area.

3. Requires that the applicant demonstrate that they can park 2 vehicles off street in order to allow the curb cut, since the curb cut itself causes the loss of 1 on-street parking space at a minimum.

4. Explicitly prohibits front yard parking of commercial vehicles, RV’s, and inoperable/unregistered vehicles.

5. Requires the remaining front yard be brought into compliance with current Landscaping Standards.
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Areas for Committee Feedback

1. Staff recommends a citywide policy instead of a neighborhood specific policy. Is the Committee supportive of this recommendation

2. Staff recommends that the policy be reviewed after 2 years or 250 new curb cuts constructed, whichever comes first. Is the Committee supportive of these proposed review thresholds?

3. To improve the safety of the alleys, staff recommends inclusion of the installation of the alley lighting requirement of the Bartolo Square North, South, and Hill Street Curb Cut Pilot Program. Is the Committee supportive of this recommendation?

4. To support compliance with the “Attention to Detail” design guidelines, the Landscape Standards, and to mitigate stormwater runoff concerns, staff recommends that no more than 50% of the front yard area be paved. This could require the removal of existing hardscape in a front yard when a curb cut is constructed. Is the Council Committee supportive of this recommendation?
9 160
QUESTIONS?
161

Public Works & Transportation CommitteeMarch 22, 2022

Public Works & Transportation Committee
March 22, 2022