Agenda packet — Oxnard City Council, April 5, 2022 (part 1 of 3)

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.

In compliance with the Americans with Disabilities Act, if you require special assistance to participate in a meeting, please contact the City Clerk’s Office at 385-7803. Notice at least 72 hours prior to the meeting will enable the City to reasonably arrange for your accessibility to the meeting.

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

OXNARD CITY COUNCIL

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY

OXNARD FINANCING AUTHORITY

OXNARD HOUSING AUTHORITY
Meeting Location: Council Chambers, 305 West Third Street April 5, 2022
Closed Session - 4:30 PM
Regular Meeting - 6:00 PM
Zoom details to call-in for public comment during a meeting:

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

2. Enter Meeting ID: 882 1796 6265

3. Passcode: 036836
If you wish to speak during public comments or a particular item on the agenda, please sign-on by following the zoom calling in steps listed above. Once the Mayor calls for public speakers, press *9 to raise your hand to inform the City Clerk you would like to speak during the public speaking section for that particular item on the agenda, while in the zoom waiting room.

The public may 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:

1. ATTEND THE MEETING AT THE LOCATION LISTED ABOVE: Submit a speaker card to the City Clerk.

2. EMAIL COMMENTS OR SIGN UP TO SPEAK REMOTELY BEFORE THE MEETING a. Submit a request to speak by no later than 3 p.m. on the day of the meeting by using the form available at www.oxnard.org/citymeetings.
b. Submit an email to [email protected] no later than 3 p.m. on the day of the meeting (indicate the agenda item number in the subject line). All email correspondence will be forwarded to the City Council prior to the start of the meeting and made part of the legislative record. c. Contact the City Clerk’s Office at (805) 385-7803 to submit your request.

3. PROVIDING PUBLIC COMMENTS REMOTELY DURING THE MEETING a. To provide public comment during the meeting dial (888) 475-4499 and enter the Meeting ID and Passcode listed above as the Zoom details for this meeting. When the Mayor announces the particular item on the agenda you want to speak on, press *9 to raise your hand while in the zoom waiting room. Once called on, press *6 to unmute your phone.
b. Public comments on agenda items will 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 1 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY April 5, 2022 PAGE 2
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. * The City has filed pre-election and post-election lawsuits regarding the validity of Measure M.

A. ROLL CALL, POSTING OF AGENDA
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council

B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, a person may address the legislative body only on matters appearing on the closed session agenda. The presiding officer shall limit public comments to three minutes.

C. CLOSED SESSION (4:30 PM)

1. CONFERENCE WITH LABOR NEGOTIATORS (Government Code section 54957.6) Agency designated representatives: Alex Nguyen, City Manager, Steve Naveau, Director of Human Resources; and Jennie Kelly, Assistant City Attorney.

Employee organization: Service Employees International Union CTW, CLC, Local 721 (SEIU Local 721); International Union of Operating Engineers AFL-CIO, Local No. 501 (IUOE Local 501); International Association of Firefighters, AFL-CIO (IAFF), Local No. 1684; Oxnard Public Safety Managers Association (OPSMA); Oxnard Peace Officers Association (OPOA); Oxnard Mid-Managers’ Association; (OMMA); and unrepresented employees: City Manager; City Attorney; Assistant City Manager; Chief Financial Officer; City Clerk; Assistant City Treasurer/Director of Revenue and Licensing; Deputy City Manager; Community Development Director; Fire Chief; Housing Director; Human Resources Director; I.T. Director; Cultural and Community Services Director; Police Chief; Public Works Director (Department Directors); Chief Assistant City Attorney; Assistant City Attorney; Deputy City Attorney.

Legislative Body: City Council

D. OPENING CEREMONIES (6:00 PM)
Pledge of allegiance to the flag of the United States.

E. CEREMONIAL ITEMS

1. SUBJECT: Presentation of a Proclamation Designating the Month of April, 2021 as "Sexual Assault and Child Abuse Awareness Month."

2. SUBJECT: Presentation of a Proclamation to the Oxnard Public Library on the Occasion of Their 115th Anniversary and Library Week, April 3 - 9, 2022.

3. SUBJECT: Presentation of a Resolution Commending Sofia Kimsey-Bellos for Thirty-Two Years of Exemplary Service to the City of Oxnard.

F. 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 2 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY April 5, 2022 PAGE 3
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.

G. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY

The City Manager/Executive Director/Secretary shall report on items of interest to the legislative body occurring since the last meeting. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion.

H. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY

BUSINESS/COMMITTEE REPORTS

At this time, a member of the legislative body may make a brief announcement, or make a brief report on his or her activities. Further, members of the legislative body may request to schedule consideration of whether to place an item on a future agenda. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. The member's report shall not exceed three minutes, unless additional time is granted by the presiding officer.

I. REVIEW OF INFORMATION/CONSENT AGENDA
The members of the legislative body will consider whether to remove Information/Consent Agenda items for discussion later during the meeting.

J. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
At this time, a person may address the legislative body only on matters appearing on the information/consent agenda. The presiding officer shall limit public comments to three minutes.

K. INFORMATION/CONSENT AGENDA

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

RECOMMENDATION: 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.
(Public Works and Transportation Committee approved 3-0) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

2. 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.

RECOMMENDATION: 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 3 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY April 5, 2022 PAGE 4
three-year term for the On Call Electrical Repair, Maintenance and Replacement Services Project Specification No. PW 22-69.
(Public Works and Transportation Committee approved 3-0) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

3. Public Works Department
SUBJECT: Urban Greening Program Grant Application Resolution.

RECOMMENDATION: That the City Council:

1. Adopt a resolution ratifying approval for the submittal of an application for an amount not to exceed $7,000,000 in Urban Greening Program grant funds for the Campus Park Central Oxnard Greening Project; and

2. Approve and authorize the City Manager or designee to execute grant agreements; the Chief Financial Officer or designee to submit financial reports and grant claims and approve budget appropriations for the use of the Urban Greening grant funds if awarded; and the Director of Public Works or designee to submit non-financial reports.

Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

4. Community Development Department

SUBJECT: Ordinance Adoption. Project Name: RiverPark Specific Plan Amendment & RiverPark and Fore Property Development Agreement Amendments. Located in the RiverPark Specific Plan area generally located North of the Ventura Freeway (Highway 101), west of East Vineyard Avenue, east of the Santa Clara River, and south of Central Avenue (RiverPark) and 2700 and 2750 North Ventura Road (APN 132-0-100-095 & 132-0-100-085) (Fore Property).

RECOMMENDATION: That the City Council adopt the following Ordinances:

1. Ordinance No. 3009 An Ordinance of the City Council of the City of Oxnard approving Planning and Zoning Permit No. 20-630-01 (Specific Plan Amendment No. 7 To The RiverPark Specific Plan) to amend the land use plan and text within the RiverPark specific plan to allow residential development in districts B, C and D in exchange for a reduction of commercial square footage, subject to certain findings; and

2. Ordinance No. 3010 An Ordinance of the City Council of the City of Oxnard approving Planning and Zoning Permit No. 20-670-04 (Sixth Amendment to Development Agreement No. A-6128) for The RiverPark Property, subject to certain findings; and

3. Ordinance No. 3011 An Ordinance of the City Council of the City of Oxnard approving Planning and Zoning Permit No. 20-670-03 (Second Amendment to Development Agreement No. A-7113) for the Fore Property, subject to certain findings. (This item originated from a Public Hearing at the City Council meeting of March 15, 2022, and was previously heard by the Planning Commission; therefore, this item did not originate in Committee.)
Legislative Body: City Council
Contact: Vyto Adomaitis, (805) 385-7882

5. Cultural & Community Services Department
SUBJECT: Amendment to Resolution Authorizing Full-Time Equivalent Positions. 4 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY April 5, 2022 PAGE 5

RECOMMENDATION: That the City Council adopt a resolution to amend Resolution 15,470 Authorizing Full-Time Equivalent Positions Pursuant to Chapter 4 of the City Personnel Rules and Regulations to include the positions approved under the First Amendment to the Agreement with the Oxnard School District (OSD) for the operations of the Oxnard After School Education and Safety (ASES) Grant (A-8318).

Legislative Body: City Council
Contact: Terrel Harrison, (805) 385-7994
L. PUBLIC HEARINGS

1. Housing Department
SUBJECT: Public Hearing for Issuance of Exempt Facility Bonds for the Homeless Solutions Center. (0/10/10)

RECOMMENDATION: That the City Council:

1. Hold a public hearing regarding the issuance by the California Statewide Communities Development Authority ("CSCDA") of up to $32,000,000 of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 to finance the acquisition, rehabilitation and development of a multi-family rental housing projected located at 241 West Second Street, Oxnard, California (the “Project”); and

2. Adopt a resolution approving the issuance of bonds by CSCDA for the benefit of Community Development Partners in the development of the Homeless Solutions Center, such adoption for the purposes of satisfying the requirements of the Tax Equity Fiscal Responsibility Act, the Code and California Government Code Section 6500.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/_VGCnWVNyvs
Legislative Body: City Council
Contact: Emilio Ramirez, (805) 385-8094

2. Housing Department
SUBJECT: Public Hearing for Issuance of Exempt Facility Bonds for the Central Terrace Apartments. (0/10/10)

RECOMMENDATION: That the City Council:

1. Hold a public hearing regarding the issuance by the California Municipal Finance Authority (“CMFA”) of up to $30,000,000 of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 to finance or refinance the acquisition, development, construction, and equipping of an 87-unit multi-family rental housing facility for low-income households to be located at 217-235 East Sixth Street, Oxnard, California (the “Project”); and

2. Adopt a resolution approving the issuance of the bonds by CMFA for the benefit of Many Mansions, a California Non-Profit Corporation, to provide for financing of the Project, such adoption for the purpose of satisfying the requirements of the Tax Equity Fiscal Responsibility Act, the Code and the California Government Code Section 6500. 5 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY April 5, 2022 PAGE 6
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/rk3NFPm5uWU
Legislative Body: City Council
Contact: Emilio Ramirez, (805) 385-8094
M. REPORTS

1. Police Department
SUBJECT: Police Department Update. (0/10/10)

RECOMMENDATION: That the City Council receive and file a verbal update report from the Police Department.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/sAi7ghbdmGc
Legislative Body: City Council
Contact: Jason Benites, (805) 385-7624

2. Housing Department
SUBJECT: Homeless Division Update. (25/20/15)

RECOMMENDATION: That the City Council receive and file a verbal update report on the Homeless Division. The update will be provided live at the City Council meeting.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/h6LtQAQNJuM
Legislative Body: City Council
Contact: Emilio Ramirez, (805) 385-8094

3. Housing Department

SUBJECT: Authorization for the Housing Department to Execute HOME Loan Agreement and Other Necessary Documents with Cabrillo Economic Development Corporation for the Etting Road Affordable Housing Development. (0/15/10)

RECOMMENDATION: That the City Council adopt a resolution authorizing the Housing Director to execute a loan agreement (and any and all related documents thereto) with Cabrillo Economic Development Corporation in the amount of $1,854,000 using federal HOME Investments Partnership Program funds for the construction of a fifty-eight affordable multi-family rental units, known as the Etting Road Apartments (2161 Etting Road).

Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/GmJrfU2DHjk
Legislative Body: City Council
Contact: Emilio Ramirez, (805) 385-8094
N. ADJOURNMENT

6 CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD

COMMENDING SOFIA BELLOS-KIMSEY FOR THIRTY-TWO YEARS OF

EXEMPLARY SERVICE TO THE CITY OF OXNARD
WHEREAS, Sofia Bellos-Kimsey has given thirty-two years of exemplary service as an employee of the City of Oxnard; and
WHEREAS, Mrs. Bellos-Kimsey began her career with the City of Oxnard Public Library of the Cultural and Community Services Department in 1989; thereafter promoting to Library Services Supervisor, and finally to City Librarian, accepting these positions of increasing responsibilities; and
WHEREAS, Mrs. Bellos-Kimsey became the first Latina Librarian in the City of Oxnard.

Skilled in leadership, municipal management and Public Libraries, she managed programs and services; supervised and evaluated professionals, technical staff, paraprofessionals and volunteers; and

WHEREAS, Mrs. Bellos-Kimsey dedicated her career to serving the community, earning a reputation for being a diligent, dedicated, and a responsible employee by her coworkers and patrons; and

WHEREAS, As City Librarian she was responsible for the operation of the Oxnard Public Library System overseeing a budget of over $4.5 million and over 33 full-time staff.

NOW, THEREFORE, the City Council of the City of Oxnard does hereby resolve to commend, recognize and extend its gratitude to Sofia Bellos-Kimsey for thirty-two years of exemplary service to the City of Oxnard and extends best wishes for a well-deserved and fulfilling retirement with family and friends.

PASSED AND ADOPTED this 5th of April, 2022 by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
John C. Zaragoza
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ _____________________________ Rose Chaparro Stephen M. Fischer
City Clerk City Attorney
7 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.1

DATE: April 5, 2022

TO: City Council

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

SUBJECT: Agreement A-8436 with Howden Roots LLC, for Wastewater Blower Services.

RECOMMENDATION

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.
(Public Works and Transportation Committee approved 3-0)

BACKGROUND

The Oxnard Wastewater Treatment Plant (OWTP) treats approximately 17 million gallons of wastewater per day. The treatment process consists of preliminary treatment, primary treatment, secondary treatment, solids processing, chlorination and dechlorination, and ocean discharge. During the 1990s expansion of the OWTP, an activated sludge system was constructed to enhance treatment capabilities. This included the addition of six activated sludge tanks (ASTs), and the installation of five Turblex high-speed blowers. These blowers introduce air into the activated sludge through an aeration grid located within the ASTs. This enhances bacterial consumption of organic material, producing a higher level of wastewater treatment.

These specialized blowers have been in continuous service for over 30 years. These units were last serviced in 2020, during which it was recommended the blowers receive new high speed shafts and impellers with their next Class II service. As part of the work warranty for the blowers, original equipment manufacturer (OEM) parts must be used.

Turblex, Inc., a subsidiary of Howden Roots, is the sole provider of Turblex OEM blower parts.

DISCUSSION

On November 18, 2021, the Public Works Department released a notice inviting bids PW 22-50 for wastewater blower maintenance and repair services. Scope and specifications for PW 22-50 called for OEM parts with each service. Due to this requirement, it became apparent that only Howden Roots was able to supply the necessary OEM parts and meet the requirements of the scope and specifications. Therefore, it became necessary to cancel PW 22-50 and pursue a negotiated contract with Howden Roots, LLC.

Through this contract, Howden shall provide a Class II service to all five blowers, including the replacement of high speed shafts and impellers. A Class II service includes, but is not limited to a thorough inspection and replacement of major internal components including rotating units, bearings, seals, and control mechanisms, if necessary. A 15% contingency for this project is requested for unforeseen circumstances, which can include additional blower repair work 8 as a result of inspection and the cost of the complex parts and equipment.

Repairs are anticipated to be completed by December 31, 2022, and once completed, the Wastewater Division expects the life of the blowers will be greatly extended. Furthermore, the efficiency of the overall air production and energy consumption will significantly improve.

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 cost for this agreement with Howden Roots LLC, shall not exceed $257,989.85, and is being funded from existing appropriations in the approved Fiscal Year 2021-22 budget from the Wastewater Operating Fund 621 (accounts 621- 6205-842-8209 and 621-6205-891-8606). This cost includes a 15% contingency in case of unforeseen conditions.

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 3-0 on March 8, 2022 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Jan Hauser, Wastewater Division Manager

ATTACHMENTS

1. A-8436 Howden USA Company PW 22-50R
9 1

CITY OF OXNARD CONTRACT FOR

WASTEWATER BLOWER MAINTENANCE AND REPAIR SERVICE PROJECT SPECIFICATION NO. PW 22-50R

THIS CONTRACT (“Contract”) is made and entered this ______ day of _____________, 20___ (“Effective Date”), by and between the CITY OF OXNARD, a California municipal corporation (“City”) and HOWDEN USA COMPANY (“Contracto r”). Contractor’s license number is not applicable.

In consideration of the covenants set forth herein, the parties hereto agree as follows:

1. Incorporation. The Contract consists of all Contract Documents, which shall include the General Provisions, Special Provisions, Exhibi ts, Addendum No. 1, filled in Designation of Subcontractors, filled in Industrial Safety Record Form, Plans, Standard Plans, the 2018 edition of the Standard Specifications for Public Works Construction and the 2019 Errata No. 1 to the Standard Specification for Public Works Construction 2018 Edition (collectively the “Greenbook” or “SSPWC”) except for Sections marked within the General and Special Provisions as exempt, Reference Specifications, insurance documentati on, Bonds, the City business license, permits from regulatory agencies, Change Orders and Supplemental Agreements. These documents are incorporated herein by reference.

2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as WASTEWATER BLOWER MAINTENANCE AND REPAIR SERVICE PROJECT, Specification No. PW 22-50R (“Project”), as described in this Contract and in the incorporated Contract Documents.

3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of two hun dred twenty-four thousand, three hundred thirty- nine dollars ($224,339.00) in accordance with the rates and prices attached hereto as Exhibit A and incorporated herein by this reference.

4. Antitrust Claims. In entering into this Contract, Contractor assigns to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Section 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.

5. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply. Copies of the preva iling rate of per diem wages for each craft, classification, or type of worker needed to perform the Project are on file with the Project Coordinator at City Hall and will be made av ailable to any interested party on request.

Contractor and all Subcontractors are not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless registered and qualified to perform public work pursuant to Labor Code Section 1725.5 at the time of Bid submission.

6. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signi ng this Contract, the Contractor certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every 10 2
employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

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

8. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

9. Entire Agreement. This Contract, including all incorporated documents, constitutes the entire agreement between the parties hereto with respect to the Project, and supersedes all previous agreements, promises, proposals, representations, understandings and negotiations, whether written or oral, between the parties regarding the subject matter.

10. Amendment. No Contract modification, amendm ent or supplement to this Contract other than Change Orders will be binding unless written and signed by the parties’ duly authorized representatives.

11. Counterparts. This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A signed copy of this Contract tran smitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Contract for all purposes.
[signatures on following page]

11 3
IN WITNESS WHEREOF, the parties hereto have exec uted the Agreement on the date first written above.

CITY OF OXNARD HOWDEN USA COMPANY

☒ John C. Zaragoza, Mayor1 Date Peter Mark Sanders, C.E.O. 2 Date ☐ Alexander Nguyen, City Manager
☐ Purchasing Manager
☐ Michael L. Wolfe, P.E., Public Works Director
Mark Paul Lehman, Secretary Date
A T T E S T :

Rose Chaparro, City Date
Clerk (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.

2 The City requires the following for any contract:
▪ For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, 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 struct ure, or if the above-listed person s are not the appropriate signers, please submit to the City Attorney legally-bindi ng documentation stating who can sign and bind your company.

12 4

Exhibit INS-I

INSURANCE REQUIREMENTS FOR VENDORS
(WHO DELIVER, INSTALL OR MAINTAIN PRODUCTS)

1 Vendor shall obtain and maintain during the performance of any services under this Agreement the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the sale and delivery, installation or maintenance of products by vendor, its agents, representatives, or employees.

a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commerci al General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project or shall be twice the occurrence amount;

b. Business Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property 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. Workers’ Compensation Insurance in compliance with th e laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.

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

City of Oxnard
Insurance Compliance
Reference No. A-8436
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007

3 Vendor agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled by either party, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.

4 Vendor agrees that the Commercial General Liability and Business Automobile Liability Insurance policies shall be endorsed to name City, its City Council, officers, agents, employees and volunteers as additional insureds as respects:
liability arising out of activities performed by or on behalf of vendor; products and completed operations of vendor; premises owned, occupied or used by vendor; or automobile s owned, leased, hired or borrowed by vendor. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, agents, employees and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-I or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).

5 The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance coverages (this must be endorsed) . Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its Ci ty Council, officers, agents, employees and volunteers. The 13 5
insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

6 Any deductibles or self-insured retentions must be declar ed 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, agen ts, employees and volunteers, or the vendor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

14 6

INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS

Certificates of Insurance

The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number a nd insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number.

Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.

Endorsement Forms

Original endorsements are required for commercial general liability and business automobile liability insurance policies and must be attached 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.

15 7
SAMPLE

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

PRODUCER

THIS CERTIFICATE IS ISSU ED AS A MATTER OF INFORMAT ION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

CODE SUB-CODE

COMPANIES AFFORDING INSURANCE COVERAGE

INSURED

COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY
LETTER
B

COVERAGES

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO D INDICATED, NOTWITHSTANDING

ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUM ENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MA Y PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOW N MAY HAVE BEEN REDUCED BY PAID CLAIMS.

CO
LTR

TYPE OF INSURANCE

POLICY NUMBER

POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)

LIMITS

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) $

AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY

COMBINED SINGLE
$1,000,000
LIMIT
BODILY INJURY $
(Per person)
BODILY INJURY $
(Per accident)

PROPERTY DAMAGE
$

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM

EACH OCCURRENCE $
AGGREGATE $

WORKERS' COMPENSATION
AND

EMPLOYERS' LIABILITY

STATUTORY LIMITS

EACH ACCIDENT
$1,000,000
DISEASE-POLICY LIMIT $1,000,000
DISEASE-EACH EMPLOYEE $1,000,000

OTHER

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

CERTIFICATE HOLDER

CITY OF OXNARD
Attn: Insurance Compliance
Reference No. A-8436
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE

CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.

AUTHORIZED REPRESENTATIVE

16 8

GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR 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 to
coverage. Per Occurrence Per Claim (which)

NAMED INSURED

APPLICABILITY This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific 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 Made
Retroactive 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: ( )

1. INSURED. The City, its City Council, officers, agents, employees and volunteers are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.

3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion 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 interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.

5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or b. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.

Except as stated above not hing herein shall be held to waive, alter or extend any of the limits, condition s, agreements or excl usions of the policy to which this endorsement is attached.

ENDORSEMENT HOLDER

CITY OF OXNARD
Attn: Insurance Compliance
Reference No. A-8436
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007

AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter

I (print/type name), warrant that I have
authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.

Signature
(original signature required)

Telephone: ( ) Date Signed

17 9

AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR 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 to
coverage. Per Occurrence Per Claim (which) NAMED INSURED

APPLICABILITY. This insurance pertains to the oper ations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only 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 pursuant to this insurance.

Name:

Address:

Telephone: ( )

$ per accident, for bodily injury and property damage.

1. INSURED. The City, its City Council, officers, agents, volunteers and employees are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or b. 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 her ein shall be held to waive, alter or extend any of the limits, conditions, agreements or excl usions of the policy to which this endorsement is attached.

ENDORSEMENT HOLDER

CITY OF OXNARD
Attn: Insurance Compliance
Reference No. A-8436
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007

AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter

I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.

Signature
(original signature required)

Telephone: ( ) Date Signed

18 10
Bond No. __________

PAYMENT BOND
(LABOR AND MATERIALS)

KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Oxnard (“Agency”), State of California, has awarded to HOWDEN USA COMPANY located at 900 West Mount Street, Connersville, IN 47331 (“Principal”), a contract (the “Contract”) for the Work described as WASTEWATER BLOWER MAINTENANCE AND REPAIR SERVICE PROJECT Specification No. PW 22-50R.

WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of any Work, to file a good and sufficient Payment Bond with the Agency to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

NOW, THEREFORE, we, the undersigned Principal, and

(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, and our heirs, assignees, successors, executors and administrators are held and firmly bound, jointly and severally, unto the Agency and all Contractors, Subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of two hundred twenty-four thousand, three hundred thirty-nine dollars ($224,339.00), this amount being not less than a hundred percent (100%) of the total Contract Price in lawful money of the United States of America, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonabl e attorneys’ fees, incurred by Agency in successfully enforcing this obligation, to be aw arded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

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

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. 19 11
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, including all incorporated documents, shall in any manner affect its obligations on this Bond. The Surety hereby waives notice of any such change, extension, alteration, or addition. Additionally, t he Surety hereby waives California Civil Code 2845 and 2849 as well as any statutes of limitation, statutes of repose and laches as they may apply to an action on this Bond.

IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:

“Principal”

By:

Its: __________________________

By:

Its: __________________________

(Seal)

“Surety”

By:

Its: __________________________

By:

Its: __________________________

(Seal)

Notes: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person si gning as attorney-in-fact must be attached. Date of Bond must not be before the Effective Date of t he Contract. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California.

20 12
Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Oxnard (“Agency”), has awarded to HOWDEN USA COMPANY located at 900 West Mount Street, Connersville, IN 47331 (“Principal”) (Name and address of Contractor)
a contract (the “Contract”) for the Work described as WASTEWATER BLOWER MAINTENANCE AND REPAIR SERVICE PROJECT, Specification No. PW 22-50R.

WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and

,
(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Agency in the penal sum of two hundred twenty-four thousand, three hundred thirty-nine dollars ($224,339.00), this amount being not less than a hundred percent (100%) of the total Contract Price in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, assignees, successors, executors and administrators, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS S UCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successo rs or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Agency, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void one (1) year from the date of recordation of the Notice of Completion for the Project; otherwise, it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statutes of limitation, statutes of repose and laches as they may apply to an action on this Bond.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, including all incorporated documents, or of the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect the Surety’s obligations under this Bond. The Surety hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. Surety hereby waives Califor nia Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto. 21 13
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

D a t e d :

“Principal”

By:

Its: __________________________

By:

Its: __________________________

(Seal)

“Surety”

By:

Its: _________________________

By:

Its: _________________________

(Seal)

Notes: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Date of Bond must not be before the Effective Date of t he Contract. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California.

22 14

EXHIBIT A

RATES AND COSTS

Rates below shall include full compensation to furnish all necessary labor, materials, equipment and other incidental and appurtenant Work as more fully described in the Special Provisions and as directed by the Project Manager.

23 15

DESIGNATION OF SUBCONTRACTORS
List all Subcontractors who will perform Work or labor or render service to the Contractor in or about the construction of the Work or improvement, or a Subcontractor licensed by the State of Calif ornia who, under subcontract to the Contra ctor, specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the Plans and Specific ations, in an amount in excess of one-half percent (0.5%) of the Contractor’s total Bid or, in the case of Bids or offers for the construction of Streets, highways, or bridges, in excess of one-half percent (0.5%) of the Contractor’s total Bid or $10,000, whichever is greater. If all Subcontractors do not fit on this page, phot ocopy this page and attach that additional page or those pages listing all other Subcontractors. If there is any change in this list of Subcontractors, Contractor must provide a new list to Project Manager before any unlisted Subcont ractor can perform any Work. If Contractor intends to use no Subcontractors, please write “N/A” in the first open box.

Name under which
Subcontractor is Licensed
and Registered
CSLB License
Number(s) and
Class(es)
DIR Contractor
Registration
Number Address and Phone Number
Type of Work
(e.g.,
Electrical)
Percentage of
Total Bid (e.g.,
10%)*3

Bidder’s Name: _____________________________

Signature: Title:

P r i n t : D a t e :

Signature: Title:

P r i n t : D a t e :

3 *The percentage of the total Bid shall represent the “portion of the work” for the purposes of Public Contract Code Section 4104(b).

Bidders are instructed to review General Provisions Section 3-2 “ SELF PERFORMANCE ” for the percentage of Contract Work required of the Contractor.

24 16

INDUSTRIAL SAFETY RECORD FORM
This Industrial Safety Record Form must include all construction work undertaken in California by the undersigned and any partnership, joint venture corporation or s-corporation that any principal of the undersigned participated in as a principal or owner for the listed years. Separate information must be submitted for each such partnership, joint venture, or corporate or individual. The undersigned may attach any additional information or explanation of data that it would like to be taken into consideration in evaluating the Industrial Safety Record Form. An explanation of the circumstances surrounding any and all fatalities must be attached.
2022
(so far) 2021 2020 2019 2018 2017 Total
Number of contracts
Total dollar amount of
contracts (in thousands)

Number of fatalities
Number of lost workday
cases

Number of lost workday
cases involving permanent
transfer to another job or
termination of employment

The above information was compiled from the records that are available to me at this time, and I declare under penalty of perjury that the information is true and accurate within the limitations of those records.

Contractor’s Name: ____________________________________________________

Signature: _______________________

Title: _______________________ Date:______________________ 25 17

GENERAL PROVISIONS
SECTION 0. GREENBOOK
0-1 INCORPORATION
The 2018 edition of the Standard Specifications for Public Works Construction and the 2019 Errata No. 1 to the Standard Specification for Public Works Construction 2018 Edition (collectively the “Greenbook” or “SSPWC”) available on the date plans were signed by the Engineer (or if there are no such signed plans, the time of Bid opening) are incorporated herein by this reference, except for Sections 1-7.2, 2-1, 3-1, 3-2.2, 3-3, 3-12.6.3, 5-3.2.1, 5-3.3, 5-3.4, 5-46-1.1.2, 6-4.1, 6-4.4, 7-2.4, 7-3, and 9-3.4. Unless otherwise stated herein, the language of these General Provisions shall supplement the language in the Greenbook.

The SSPWC is promulgated by Public Works Standards, Inc. This publication is available for purchase from BNi Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, (800) 873-6397, www.bnibooks.com. This publication is copyrighted and the City will not provide copies.
0-2 CAPITALIZATION OF DEFINED TERMS
Unless otherwise capitalized, capitalized words within these Contract Documents may be defined terms in either the Greenbook or Section 1-2 of these General Provisions. 0-3 NUMBERING OF GENERAL PROVISIONS
The number of sections and subsections in these General Provisions are compatible with the numbering in the Greenbook. Additional standard provisions are in Sections 9 and 10. If grant provisions apply, they will be in Sections 11 through 99. The Special Provisions will be numbered as Sections 1000 through 9999. Subsections of architectural and/or other work may be numbered according to the Construction Specifications Institute (CSI) format.

SECTION 1. TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND

SYMBOLS
1-1 GENERAL [see Greenbook].
1-2 TERMS AND DEFINITIONS.

Whenever in the Greenbook or in the Contract Documents the following terms are used, they shall be understood to mean the following. These terms are in addition to the terms already listed in the Greenbook.

Business Day – Any day that City Hall is open for business.

Calendar Days – See “Days” in Greenbook.

City – the City of Oxnard.

Contract Term – The time period listed in the Contract. 26 18
Contract Unit – A single unit of an item of Work.

County – County of Ventura, California
Inspector – An inspector of the City.

Laboratory – A laboratory authorized by the City to test materials and Work involved in the Contract.

Payment Bond – A type of Bond issued by a Surety to guarantee that a contractor’s subcontractors and material suppliers on a proj ect will be paid. A Payment Bond is also often called a “labor and materials Bond.”
Performance Bond – A type of Bond issued by a Surety to guarantee the full and satisfactory completion of a project by a contractor.

Project – See “Work” in Greenbook.

Project Manager – the Public Works Director’s designee responsible for this particular Project.

Submittal – Any drawing, calculation, specification, data, samples, manuals, requests for substitutes, spare parts, photographs, survey data, traffic control plans, record drawings, Bonds or similar items required to be submitted to the City under the terms of the Contract.

WIP – Work in place.

Whenever in the Greenbook or in the Contract Documents the following terms are used, they shall be understood to mean the following. These terms are already listed in the Greenbook, and the definitions below amend the definitions in the Greenbook.

Agency – The City of Oxnard.

Board – The City Council of the City of Oxnard.

Contract Documents – As defined in Greenbook Section 1-2, but also including the General Provisions, filled in Designation of Subcontractors, filled in Industrial Safety Record Form, insurance documentation and Contractor’s City business license, Working Day – Any day within the Contract Term other than:
a) Saturday,
b) Sunday,
c) Regarding Work on major highways, between the hours of 7:00 p.m. and 7:00 a.m. of the following Calendar Day,
d) Regarding a Street, before 8:30 a.m. or after 3:30 p.m., e) Regarding any other Task site, before 7:00 a.m. or after 6:00 p.m., 27 19
f) Any day designated as a holiday by the Agency,
g) Any other day designated as a holiday in a master labor agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association,
h) Any day the Contractor is prevented from working at the beginning of the Working Day for cause as specified in Section 6-4.1, and i) Any day the Contractor is prevented from working during the first five (5) hours with at least sixty percent (60%) of the normal Work force for cause as specified in Section 6-4.1.
j) Any days and hour restrictions stipulated on Special Provisions. 1-3 ABBREVIATIONS.
1-3.1 General [see Greenbook].
1-3.2 Common Usage.

The abbreviations listed in Greenbook Section 1-3.2 shall be supplemented by the list below:

Abbreviation Word or Words
SSS………………………………………………………. State of California Standard Specifications, latest edition, Department of Transportation
SSP………………………………………………………………… State of California Standard Plans, latest edition, Department of Transportation
MUTCD…………………………………………………………… Californi a Manual of Uniform Traffic Control Devices, latest edition
1-3.3 Institutions.

The institutions listed in Greenbook Section 1-3.3 shall be supplemented by the list below:

Abbreviation Word or Words
AAN……………………………………………………………... American Association of
Nurserymen
ACI ………………………………………………………………………… American Concrete Institute AGCA …………………………………………………… Associated General Contractors of America AGCC …………………………………………………. Associated General Contractors of California APWA ……………………………………………………………. American Public Works Association CRSI ……………………………………………………………… Concrete Reinforcing Steel Institute CSI ……………………………………………………………….. Construc tion Specifications Institute IEEE ………………………………………………………. Institute of Electric & Electronic Engineers NFPA ……………………………………………………………. National Fire Protection Association VCAPCD……………………………………………… Ventura County Air Pollution Control District

1-4 UNITS OF MEASURE.
1-4.1 General [see Greenbook].
28 20
1-4.2 Units of Measure and Their Abbreviations [see Greenbook]. 1-5 SYMBOLS [see Greenbook].
1-6 BIDDING AND SUBMISSION OF THE BID.

1.6.1 General. [see Greenbook].
1-6.2 Subcontractor Listing [see Greenbook].
1-7 AWARD AND EXECUTION OF CONTRACT.
1-7.1 General. [see Greenbook].
1-7.2 Contract Bonds.

Greenbook Section 1-7.2, which is not incorporated, shall be completely replaced with the following:
“Before execution of the Contract, the Bidder shall file Surety Bonds with the City in the amounts and for the purposes noted below. Bonds issued by a Surety who is listed in the latest version of U.S. Department of Treasury Circular 570, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the City. Bonds from all other Sureties shall be accompanied by all of the documents enumerated in the Code of Civil Procedure Section 995.660(a). The Bidder shall pay all bond premiums, costs, and incidentals.

Each Bond shall incorporate by reference the Contract and be signed by both the Bidder and the Surety. The signature of the authorized agent of the Surety shall be notarized.

The Bidder shall provide two (2) good and sufficient Surety Bonds. The Payment Bond shall be for not less than one hundred percent (100%) of the Contract Price. The Payment Bond shall be to satisfy claims of material suppliers and mechanics and laborers employed by it on the Work.

The Contractor shall maintain the Payment Bond in full force and effect until the Project is accepted by the City and until six (6) months after either the period in which a stop payment notice may be given under Civil Code Section 9356 or all claims for materials and labor are paid, whichever shall be later in time.

The Performance Bond shall be for one hundred percent (100%) of the Contract Price to guarantee faithful performance of all Work within the time prescribed in a manner satisfactory to the City and that all materials and workmanship will be free from original or developed defects.

The Performance Bond shall remain in full force and effect for one (1) year from the date of recordation of the Notice of Completion.

Should any Bond become insufficient or any Surety give notice of pending liquidation, the Contractor shall renew the Bond within ten (10) Calendar Days after receiving notice from the City. Should any Surety give notice of pending liquidation, the Contractor shall send a copy of the entire notice within five (5) Calendar Days of receiving the notice and shall obtain a new Bond within ten (10) Calendar Days after receiving the notice. 29 21
Should any Surety at any time be unsatisfactory a ccording to the rules listed within this Section, the City will notify the Contractor in this regard. No further payments shall be deemed due or will be made under the Contract until a new surety qualifies and is accepted by the City.

Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or the Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety.

All Bonds must be submitted using the required forms, which are in the Contract Documents, or on any other form approved by the City Attorney (as well as a photocopy of each Bond). Other than for a Bid Bond, Contractor may not provide a deposit in lieu of any Bond. Each Bond shall be executed by an admitted surety insurer. Nothing herein shall abridge or amend Greenbook Section 3-13.3 or the related provisions in these Contract Documents.” SECTION 2. SCOPE OF THE WORK
2-1 WORK TO BE DONE.

Greenbook Section 2-1, which is not incorporated, shall be completely replaced with the following:
“Upon the City’s issuance of the Notice to Proceed, the Contractor shall perform all Work necessary to complete the Project in accordance with the Contract Documents. Unless otherwise specified, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. The Contractor shall not be allowed to begin any construction, reconstruction, erection, alteration , restoration, improvement, painting, repainting, demolition and/or repair Work at the Project site before the issuance of the Notice to Proceed.

Between the period of the Notice of Award and Notice to Proceed, the Contractor shall process Shop Drawings and begin procuring equipment and materials.” 2-2 PERMITS.

Greenbook Section 2-2, which is not incorporated, shall be completely replaced with the following:
“Before starting any construction work, the Contra ctor will be required to obtain all necessary permits from the City, which may include obtaining an encroachment permit for Work within the public right-of-way, as well as all other permits and any permits required from all other agencies.

Should this Project require construction of trenches or excavations which are five (5) feet or deeper and into which a person is required to descend, the Contractor shall obtain a Cal/OSHA permit and furnish the City with a copy before Work can commence on this Project. Contractor shall bear all cost for fees for all agencies except for the City’s permit fees.

The Contractor and all Subcontractors shall each obtain a City Business License and shall be licensed in accordance with the California Business and Professions Code. The Contractor and all Subcontractors shall bear all costs for their City Business Licenses.” 2-3 RIGHT-OF-WAY,
The last sentence of the Greenbook Section 2-3 shall be completely replaced with the following:
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“The Contractor shall conduct all of its activities and operations within the rights of way provided by the City or within the confines of public thoroughfares. The Contractor shall not allow its employees to use private property for any reason or to use water or electricity from such property without written permission from the property owner.

If, for any reason, the Contractor elects to encroach upon other lands, it shall first obtain written permission from the owner and provide evidence of such permission in writing to the Engineer prior to entering upon such lands. In performing any work or doing any activity on lands outside of public rights of way, the Contractor shall comply with all applicable Federal, State and local laws, ordinances, and regulations.

The Contractor shall indemnify and hold the City harmless from all claims or suits for damages occasioned by such work or activity, whether done in compliance with this subsection and with permission from the owner or in violation of this subsection without permission from the property owner.”
2-4 COOPERATION AND COLLATERAL WORK.

The following paragraph shall be added to the end of Greenbook Section 2-4:
“The Contractor shall be responsible for coordinating all Work with the City’s street sweeping, solid waste collection, street maintenance contractors, Police and Fire Departments, utility companies’ crews, other City Public Works projects, and others when necessary. Payment for conforming to these requirements shall be included in other items of Work, and no additional payment shall be made for this purpose.”
2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES [see Greenbook]. 2-5.1 General.

The following paragraph shall be added to the end of Greenbook Section 2-5.1:
“The Contractor and its Subcontractors and suppliers shall not start, operate, move, or idle their equipment prior to the time specified for starting work each Working Day unless otherwise approved by the Engineer.”
2-5.2 Temporary Utility Services [see Greenbook].
2-5.3 Crushing and Screening Operations [see Greenbook]. 2-5.4 Haul Routes.

Greenbook Section 2-5.4, which is not incorporated, shall be completely replaced with the following:
“The Contractor must provide the Project Manager with a haul route plan, which must be approved by the Project Manager before anyone uses any haul routes on the Project. Further detail requirements for haul traffic may be delineated in the Special Provisions.” 2-6 CHANGES REQUESTED BY THE CONTRACTOR [see Greenbook]. 31 23
2-7 CHANGES INITIATED BY THE AGENCY.

The following paragraph shall be added to Greenbook Section 2-7:
“The City reserves the right, without notice to the Surety, to increase or decrease the quantity of any item or portion of the Work described in the C ontract Documents or to alter or omit portions of the Work so described, as may be deemed necessary or expedient by the Project Manager, without in any way making the Contract void. Such increases, alterations or decreases of Work shall be considered and treated as though originally contracted for and shall be subject to all the terms, conditions and provisions of the original Contract. The Contractor shall not claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease, alteration or omission of any kind of Work to be done.”
2-7.1 General.

The following paragraph shall be added to Greenbook Section 2-7.1:
“The reference to “additive” and “deductive” changes in this Section shall be related to changes made within the scope of the Project.”
2-8 EXTRA WORK.

Greenbook Section 2-8, which is not incorporated, shall be completely replaced with the following:
“New and unforeseen work will be classed as Extra Work only when the Work is not covered and cannot be paid for under any of the various items or combination of items for which a Bid price appears on the Bid. The Contractor shall not do any Extra Work except upon written order from the Project Manager. All provisions of these Contract Documents shall apply to the Contractor and its Subcontractors as they perform the Extra Work, except for those provisions expressly addressed in Greenbook Section 2-8, this Section 2-8 of the General Provisions, and the Special Provisions.”
2-9 CHANGED CONDITIONS [see Greenbook].
2-10 DISPUTED WORK [see Greenbook].

SECTION 3. CONTROL OF THE WORK
3-1 ASSIGNMENT.

Greenbook Section 3-1, which is not incorporated, shall be completely replaced with the following:
“No Contract or portion thereof or Notice to Proceed or portion thereof may be assigned without consent of the Board, except that the Contract or may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default.
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Any purported assignment without written consent of the City shall be null, void, and of no effect, and the Contractor shall hold harmless, defend and indemnify the City and its officers, officials, employees, agents and representatives wi th respect to any claim, demand or action arising from or relating to any unauthorized assignment.

If the City opts to consent to assignment, the City’s consent shall be contingent upon: (1) a letter from the Surety agreeing to the assignment and assigning the Bonds to the assignee without any reduction, or the assignee supplying new B onds (with a photocopy of each Bond) in the amounts originally required under the Contract Do cuments; (2) the assignee supplying all of the required insurance in the amounts required in the Contract Documents; (3) a copy of the assignee’s City business license; and (4) the licens e number(s) of the license(s) issued by the California Contractors State License Board, which license(s) is/are required on this Project. Until the Surety assigns the Bonds or the assignee supplies new Bonds, the assignee supplies all required insurance, and the assignee provides a copy of its City business license, an assignment otherwise consented to in writing by the City shall not be effective. Even if the City consents to assignment, no assignment shall relieve the Contractor of liability under the Contract.”
3-2 SELF PERFORMANCE [see Greenbook].

See Special Provisions for Work that will be considered "Specialty Items". 3-3 SUBCONTRACTORS.

The third paragraph of Greenbook Section 3-3, which is not incorporated, shall be completely replaced with the following:
“In addition to the requirements of 3-3, before the Work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement listing the name, contractor license number, DIR registrati on number, phone number and business address of each Subcontractor and a description of the type of Work and value of each portion of the Work to be so subcontracted.”
3-4 AUTHORITY OF THE BOARD AND THE ENGINEER
Greenbook Section 3-4, which is not incorporated, shall be completely replaced with the following:
“The Engineer shall decide any and all questions that may arise as to the quality and acceptability of materials furnished and Work performed as to the manner of performance and rate of progress of the Work, and any and all questions which may arise as to the interpretation of the Plans and Specifications. The Engineer shall likewise decide any and all questions as to the acceptable fulfillment of the Contract on the part of the Contractor, and all questions as to claims and compensations.

The Contractor may appeal any such decision m ade by the Engineer by emailing the Public Works Director, copying on that same email the Engineer, requesting reconsideration of the Engineer’s decision. The appeal must contain: a clear explanation of the decision and how it impacts the rest of the Project; a clear explanat ion of the Contractor’s concern regarding this decision; and all relevant facts and references related to this appeal. The appeal must be complete at the time of submission; the appeal may not be supplemented after submission. The 33 25
Public Works Director must receive the appeal no later than 5:00 p.m. of the second Calendar Day following the date of the Engineer’s latest notice to the Contractor regarding the decision that Contractor wishes to appeal. Upon receipt of the appeal request, the Public Works Director or his or her designee shall review the email and all other information provided by the Contractor. The Public Works Director or his or her designee shall email the Contractor the decision, which shall be final. The procedures and time limits set forth in this Section are mandatory and are the Contractor’s sole and exclus ive remedy in event of a decision by the Engineer with which the Contractor disagrees. The Contractor’s failure to fully comply with these procedures constitutes a waiver of any right to further pursue the disagreement regarding the Engineer’s decision, including filing a California Government Code claim or initiating any other legal proceedings.

For the purposes of routine and normal Supervision and coordination of Work, the Project Manager is the City’s authorized representative for all Work within the scope of this Contract.” 3-5 INSPECTION.

The following paragraph shall be added to Greenbook Section 3-5:
“The Contractor shall arrange and pay for all off-site inspection of the Work required by any ordinance or governing authorities. The Contractor shall also arrange and pay for other inspections, including tests in connection therewith, as may be assigned or required.” The second sentence of Greenbook Section 3-5, which is not incorporated, shall be completely replaced with the following:
“The Contractor shall notify the Engineer 48 hours in advance of the start of the Work.” 3-6 THE CONTRACTOR’S REPRESENTATIVE .

The following paragraph shall be added to Greenbook Section 3-6: “Contractor’s representative or alternate shall be available after normal working hours to respond to circumstance that arise within 30 minutes of being contacted by the City Inspector or Project Manager. The representative or alternate shall not be replaced without written notice to the City, except under extraordinary circumstances. The superintendent will be the Contractor's representative at the site and shall have authority to act on behalf of the Contractor. Lack of supervision will be grounds for a Stop Work notice issued by the City, in which case no Work will be performed unless proper supervision is provided.”The failu re of the designated representative(s) to faithfully prosecute the Work, including, but not limited to, failure to adhere to the Contractor's construction schedule shall be deemed grounds for removal from the Work per 5-3.1. 3-7 CONTRACT DOCUMENTS.
3-7.1 General.

The following shall be added to Greenbook Section 3-7.1:
“The Contractor shall maintain a control set of Plans, Specifications and any other drawings on the Project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on said control set to show the as-built conditions. These control set of Plans shall also be edited for all Addenda, Requests for 34 26
Information, Change Orders, field changes not involving cost, and any other variation that occurred during construction. These documents shall be kept up to date with the progress of the Work. Upon completion of all Work, the Contractor shall return the control set to the Project Manager. Final payment will not be made until this requirement is met.

Where a work feature is shown on the drawings or identified in the Specifications but is not individually mentioned in the Bid sheets, the Contractor is required to complete the Work feature. All costs to the Contractor for construc ting, installing, or both constructing and installing such a Work feature shall be incidental to the Bid items.” The last paragraph of Greenbook Section 3-7.1, which is not incorporated, shall be completely replaced with the following:
“The Contractor shall examine and compare the Contract Documents with each other and with the other information made available to the Contractor by the City and shall immediately notify the Engineer of any errors, inconsistencies, or omissions discovered. If the Contractor performs any construction activity knowing it involves a recognized error, inconsistency, or omission in the Contract Documents without notice to the Engineer, the Contractor shall assume responsibility for such performance and for the full costs for correction.

The Contractor shall perform field measurements, verify field conditions, and shall carefully compare such field measurements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. Errors, inconsistencies, or omissions discovered shall be reported to the Engineer immediately.” 3-7.2 Precedence of the Contract Documents.

Greenbook Section 3-7.2, which is not incorporated, shall be completely replaced with the following:
“The order of precedence of the documents sha ll be as follows (with number 1 governing over number 2, etc.):

1. Permits issued by regulatory agencies with jurisdiction.

2. Change Orders and Supplemental Agreements, whichever occurs last.

3. Contract.

4. Addenda.

5. Notice Inviting Bids.

6. Instructions to Bidders.

7. Bid/ Proposal.

8. Plans.

9. Special Provisions.

10. General Provisions.

11. City Standard Plans.

12. SSP.

13. Greenbook.

14. Reference Specifications.

All of the aforementioned documents are incorporated herein by this reference. 3-8 SUBMITTALS [see Greenbook].
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3-8.1 General

The second paragraph of Greenbook Section 3-8.1, which is not incorporated, shall be completely replaced with the following:

“The Contractor shall allow a minimum of twenty (20) Working Days for each submittal review, unless otherwise approved by the Engineer. Review periods are not cumulative. The aforementioned time frames begin anew upon each submission whether the initial submission or a resubmission after a prior review by the Agency. Each set of submittals shall be accompanied by a letter of transmittal describing exactly what is being transmitted.

Submittals shall be submitted to:

City of Oxnard
305 W. Third St, East Wing, 2
nd Floor
Oxnard, CA 93030
Attention: Project Manager

No work shall begin on the respective items of Work which require a submittal until the submittals for those items of Work have been approved in writing by the City and, for those requiring their approval by a jurisdictional agency (agencies). The City will receive, forward and coordinate the review of submittals with the jurisdictional agency (agencies).” 3-8.2 Working Drawings [see Greenbook].
3-8.3 Shop Drawings [see Greenbook].
3-8.4 Supporting Information [see Greenbook].
3-8.5 Installation Instructions [see Greenbook].
3-8.6 Manufacturer’s Operation, Maintenance, and Warranty Instructions [see Greenbook].
3-9 SUBSURFACE DATA.

The following shall be added to Greenbook Section 3-9:
“If the City or its consultants have made investigations of subsurface conditions in areas where the Work is to be performed, such investigations shall be deemed made only for the purpose of study and design. It is the Contractor’s sole responsibility to determine whether such investigations exist, and the City makes no affirmative or negative representation concerning the existence of such investigations.

The Contractor represents that it has studied the Plans, Specifications and other Contract Documents, and all surveys and investigation reports of subsurface and latent physical conditions, has made such additional surveys and investigations as necessary for the performance of the Work at the Contract Price in accordance with the requirements of the Contract Documents, and that it has correlated the results of all such data with the requirements of the Contract Documents. No claim of any kind shall be made or allowed for any error, 36 28
omission or claimed error or omission, in whole or in part, of any geotechnical exploration or any other report or data furnished or not furnished by the City.” 3-10 SURVEYING.
3-10.1 General.

Greenbook Section 3-10.1, which is not incorporated, shall be completely replaced with the following:
“The Contractor shall verify all dimensions on the drawings and shall report to the City any discrepancies before proceeding with related Work. The City does not provide AutoCAD files.

The Contractor shall perform all survey and layout Work per the benchmark information on the Project Plans. Said surveying and staking sha ll be performed by a land surveyor, licensed to perform said work in the State of California. All surveying Work must conform to the Professional Land Surveyors’ Act (Business and Professions Code Section 8700 et seq). The Contractor shall provide the Engineer with the results of the survey before proceeding. All Project surveying notes and “cut-sheets” are to be provided to the City after the completion of each surveying activity, and all final surveying no tes shall be provided before final payment to the Contractor. All survey work shall be performed to the satisfaction of the Engineer.

Construction stakes shall be set and stationed by Contractor at its expense. Unless otherwise indicated in the Special Provisions, surveying cost s shall be included in the price of items bid.

No separate payment will be made. Re-staking and replacement of construction survey markers damaged as a result of the Work, vandalism, or accident shall be at the Contractor’s expense.” 3-10.3 Line and Grade [see Greenbook].
3-10.4 Permanent Survey Markers. [additional to the Greenbook]. “Pursuant to Division 3, Chapter 15 of the Business and Professions Code, the Contractor shall not disturb survey monuments that ‘control the location of subdivisions, tracts, boundaries, roads, streets, or highways, or provide horizontal or vertical survey control’ until they have been tied out by a Registered Land Surveyor or Regist ered Civil Engineer authorized to practice land surveying within the State of California.

The Contractor shall submit to the Engineer a minimum of seven (7) Calendar Days before starting the Work a list of controlling survey monuments that may be disturbed. The Contractor will:
a) Set survey points outside the affected Work area that reference and locate each controlling survey monument that may be disturbed;
b) File a Corner Record or Record of Survey with the County Surveyor after setting the survey points to be used for re-establishment of the disturbed controlling survey monuments; and
c) File a Corner Record or Record of Survey with the County Surveyor after re- establishment of the disturbed controlling survey monuments. 37 29
The Contractor is responsible for preservation and perpetuation of existing monuments that control subdivisions, tracts, boundaries, Streets, other rights-of-way, and easements, and those existing monuments that provide survey control, which will be disturbed or removed due to Contractor’s Work. Contractor shall provide a minimum of ten (10) Working Days’ notice to the Engineer or Surveyor before disturbance or removal of existing monuments. The Contractor shall reset monuments or provide permanent witness monuments and file the required documentation with the County Surveyor pursu ant to Business and Professions Code Section 8771 at its own expense.”
3-10.5 Survey Service. [additional to the Greenbook].
“The Contractor will perform and be responsible for the accuracy of surveying adequate for construction. The Contractor shall preserve construction survey stakes and marks for the duration of their usefulness. If any construction survey stakes are lost or disturbed and need to be replaced, such replacement will be performed by the Contractor at its own expense.

The Contractor shall notify the Engineer in writing at least two (2) Working Days before survey information will be required in connection with the laying out of any portion of the Work. The Contractor shall dig all holes necessary for line and grade stakes.

Unless otherwise specified in the Special Provisi ons, the Contractor will set and station stakes for curbs, headers, sewers, storm drains, structures, and rough grade. A corresponding cut or fill to finished grade (or flowline) will be indicated on a grade sheet.

The line and grades for construction will be parallel to and offset from the position of the Work.

From the established lines and grades, the Cont ractor shall extend the necessary lines and grades for construction of the Work and shall be responsible for the correctness of same.” 3-11 CONTRACT INFORMATION SIGNS .

The following shall be added to Greenbook Section 3-11:
“Contractor shall not advertise or allow advertising at the Project site other than what is printed on trucks and equipment before the Work begins.”
3-12 WORKSITE MAINTENANCE.

The following shall be added to Greenbook Section 3-12:
“Thorough clean-up shall be done as Work progresses at the end of each Working Day. The Contractor shall not allow the Work site to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction operation.

Materials which need to be disposed shall not be stored at the Project site and cannot be “stockpiled,” but shall be removed by the end of each Working Day. If the job site is not cleaned to the satisfaction of the Project Manager, the cleaning will be done or contracted by the City.

The City shall then deduct the cost of its clean ing from the next or any upcoming payments due to Contractor or from Contractor’s retention.

The Contractor shall make arrangements for storing its equipment and materials. The Contractor shall make arrangements for any off-site storage or shop areas necessary for the proper execution of the Work. Approved areas within Work site may be used for temporary 38 30
storage; however, the Contractor shall be responsible for obtaining any necessary permit from the City. In any case, the Contractor’s equipm ent and personal vehicles of the Contractor’s employees shall not be parked on the traveled way or on any section where traffic is restricted at any time.

The Contractor shall deliver, handle, and store products in accordance with the manufacturer’s written recommendations and by methods and means that will prevent damage, deterioration, and loss including theft. Delivery schedules shall be controlled to minimize long-term storage of products at the Project site and overcrowding of construction spaces. In particular, the Contractor shall provide delivery and installati on coordination to ensure minimum holding or storage times for products recognized to be flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other sources of loss.

Storage shall be arranged to provide access for inspection. The Contractor shall periodically inspect to assure products are undamaged and are maintained under required conditions.

The Contractor shall promptly remove from the vicinity of the completed Work, all rubbish, debris, unused materials, concrete forms, construction equipment, and temporary structures and facilities used during construction. Final acceptance of the Work by the City will be withheld until the Contractor has satisfactorily complied with the foregoing requirements for final clean-up of the Project site.

All costs associated with the clean-up and storage required to complete the Project shall be the sole responsibility of the Contractor.”
3-12.1 General [see Greenbook].
3-12.2 Air Pollution Control [see Greenbook].
3-12.3 Noise Control [see Greenbook].

The following shall be added to Greenbook Section 3-12.3:
“A noise level limit of 86 dBA at a distance of 50 feet shall apply to all construction equipment on or adjacent to the Work site or otherwise related to the Work whether owned by the Contractor or not.

To minimize the noise impact of construction, Contractor must properly muffle all construction related vehicles and equipment in accordance with the City’s ordinances. The Contractor shall inform the public of proposed construction time frames to minimize potential annoyance related to the construction noise.”
3-12.4 Storage of Equipment and Materials.
3-12.4.1 General [see Greenbook].
3-12.4.2 Storage in Public Streets [see Greenbook].
3-12.5 Sanitary Sewers.
3-12.5.1 General [see Greenbook].
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3-12.5.2 Sewage Bypass and Pumping Plan [see Greenbook]. 3-12.5.3 Spill Prevention and Emergency Response Plan [see Greenbook]. 3-12.6 Water Pollution Control.
3-12.6.1 General [see Greenbook].
3-12.6.2 Best Management Practices (BMPs).

The following shall be added to Greenbook Section 3-12.6.2:
“The Contractor will be required to meet the minimum BMPs of providing a Stormwater Management Plan if the Project does not require a SWPPP according to the Ventura County Watershed Protection District. The Contractor s hall submit a Best Management Practice (BMP) Plan for containing any wastewater or storm water runoff from the Project site including, but not limited to the following:

1. No placement of construction materials where they could enter Storm Drain system, which includes gutters that lead to catch basins.

2. Checking construction vehicles for leaking fluids.

3. Providing a controlled area for cleaning or rinse-down activities.

4. Monitoring construction activities.

5. Minimizing usage of water.

6. Providing measures to capture or vacuum-up water contaminated with construction debris.

7. Removing any construction-related debris on a daily basis.

8. Protecting Work areas from erosion.

9. Street sweeping at regular intervals required to control dust, debris, sediment and erosion.

The BMP Plan must be approved by the Project M anager before any Work begins. The City will monitor the adjacent Storm Drains and Streets for compliance. Failure of the Contractor to follow the approved BMP Plan will result in immediate clean-up by City and back-charging the Contractor for all costs plus fifteen percent (15%).”
3-12.6.3 Storm Water Pollution Prevention Plan (SWPPP).

Greenbook Section 3-12.6.3, which is not incorporated shall be completely replaced with the following: :
“If the nature of the Project requires the Contractor to file a Notice of Intent and SWPPP with the State regulatory agency, the Contractor shall do so. If this is not required, the Contractor shall submit a local SWPPP and a wet weather erosion control plan during the rainy season October 1st to April 15th to comply with City policy regarding storm water management. The Contractor shall take all necessary precautions to minimize storm water pollution and control the pollutants from entering the drainage system as directed by the City’s representative. At any point, a local SWPPP is subject to change if the City deter mines the inadequacy of the approved SWPPP to address the pollutants of concern. Upon written not ification by the City, the Contractor shall submit a revised SWPPP, subject to City approv al, within five (5) Working Days following 40 32
notification. Failure to do so could result in a stoppage of all Work without an extension in the time for completion of the Work.”
3-12.6.4 Dewatering.

The following shall be added to Greenbook Section 3-12.6.4:
“Failure to dewater per Contractor’s approved dewatering plans shall lead to the immediate issuance of a stop notice. Any fees associated with the failure to perform dewatering will be passed onto the Contractor.”
3-12.6.5 Payment [see Greenbook].
3-13 COMPLETION, ACCEPTANCE, AND WARRANTY.

The following shall be added to Greenbook Section 3-3:
“The Contractor shall complete all Work within one hundred eighty (180) Working Days of the City’s Notice to Proceed.”
3-13.1 Completion [see Greenbook].
3-13.2 Acceptance.

Greenbook Section 3-13.2, which is not incorporated, shall be completely replaced with the following:
“Acceptance will occur after all of the requirements contained in the Contract Documents have been fulfilled. If, in the Project Manager’s judgment, the Contractor fully performed the Contract, the Project Manager will accept the Project.

The Project will not be considered complete until all required Work is completed, the Work site is cleaned up in accordance with Greenbook Section 3-12, the General Provisions, and the Special Provisions, and all of the following items have been received by the Project Manager:

1. “Notice of Completion” indicating approval by the City;

2. All written guarantees and warranties;

3. All “as-builts”; and

4. Duplicate copies of all operating instructions and manufacturer’s operating catalogs and data, together with such field instructions as necessary to fully instruct City personnel in correct operation and maintenance procedures for all equipment installed listed under the electrical, air conditioning, heating, ventilating and other trades. This data and instructions shall be furnished for all equipment requiring periodic adjustments, maintenance or other operation procedures.

The Contractor shall allow at least seven (7) Working Days’ notice for final inspection. Such notice shall be submitted to the Project Manager in writing.” 3-13.3 Warranty.
41 33
Greenbook Section 3-13.3, which is not incorporated, shall be completely replaced with the following:
“For the purposes of the calculation of the start of the warranty period, the Project shall be deemed to be completed per section 3-13.2. If that direction is contingent on the completion of any items remaining on a punchlist, the Work shall be deemed to be completed upon the date of the Project Manager’s acceptance of the final item on that punchlist.

The warranty period for specific items covered under manufacturers’ or suppliers’ warranties shall commence on the date they are deemed completed per section 3-13-2.

The Contractor shall repair or replace defective materials and workmanship as required by the Engineer at Contractor’s own expense. The Contractor shall make all repairs, replacements, and restorations within thirty (30) Calendar Days of the date of the Project Manager’s written notice, unless that notice shall require such repairs, replacements, and restorations within another time frame. Additionally, the Contractor shall defend, indemnify and hold the City harmless from claims of any kind arising from damage, injury or death due to such defects or non-compliance.

No certificate given shall be conclusive evidence of the faithful performance of the Contract, either in whole or in part, and that no payment shall be construed to be in acceptance of any defective Work or improper materials. Further, the certificate or final payment shall not terminate the Contractor’s obligations under this warranty. Payment of the amount due under the Contract and the adjustments and payments due for any Work done in accordance with any alterations of the same shall release the City, the City Council and its officers and employees from any and all claims or liability on account of Work performed under the Contract or any alteration thereof. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the City may perform the replacement or repairs at the Contractor’s expense. If the Contractor fails to reimburse the City for the actual cost, th e Contractor’s surety shall be liable for the cost thereof.”
SECTION 4. CONTROL OF MATERIALS
4-1 GENERAL . [see Greenbook].
4-2 PROTECTION .

The following shall be added to Greenbook Section 4-2:
“The Contractor shall continuously maintain adequate protection of all Contractor’s Work from damage. The City will not be held responsible for the care or protection of any material, equipment or parts of Work, except as stated in the Special Provisions.” 4-3 INSPECTION. .
4-3.1 General. [see Greenbook].
4-3.2 Inspection by the Agency. [ see Greenbook].
4-3.3 Inspection of Items Not Locally Produced. [see Greenbook]. 42 34
4-4 TESTING.
4-5 CERTIFICATE OF COMPLIANCE . [see Greenbook].
4-6 TRADE NAMES.

The following shall be added to Greenbook Section 4-6:
“For convenience in designation on the Plans and Specifications, certain materials, products, things, or services incorporated in the Work may be designated under a brand or trade name.

The use of alternative materials, products, things, or services that are of equal quality and of the required characteristics for the purpose intended will be allowed, subject to the approval of the Project Engineer, in accordance with Public Contract Code Section 3400 and Greenbook Section 4-6. Unless otherwise stated in writing, the phrase “or equal” shall be assumed after any and all brand and trade names.

If the Contractor requests to substitute an equivalent material, product or thing for a brand or trade name material, product or thing, the burden of proof as to the comparative quality and suitability of the alternative material, product or thing shall be upon the Contractor, and the Contractor shall furnish, at its own expense, all information necessary or related thereto as required by the Project Engineer, including but not limited to:
● Identification of the material, product or thing and complete manufacturer’s literature that details the substituted material, product or thing. ● The names and addresses of the manufacturer’s representative for the substituted material, product or thing.
● How the substituted material, product or thing would impact the completion date of the project.
● The difference in cost between the substituted material, product or thing and the specified material, product or thing.
● A detailed description of the difference between the substituted material, product or thing and the specified material, product or thing.
● If requested by the City, samples of the substituted material, product or thing. ● The names and addresses of at least five (5) projects where the substituted material, product or thing has been used.

If the Contractor requests to substitute an equivalent service for a brand or trade name service, the burden of proof as to the comparative quality and suitability of the alternative service shall likewise be upon the Contractor, and the Contractor shall furnish, at its own expense, all information necessary or related thereto as r equired by the Project Engineer, including but not limited to:
● Identification of the service and literature that details the substituted service. ● The names and addresses of the representatives of the substituted service. ● How the substituted service would impact the completion date of the project. ● The difference in cost between the substituted service and the specified service. ● A detailed description of the difference between the substituted service and the specified service.
● The names and addresses of at least five (5) projects where the substituted service has been used.

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All requests for substitution shall be submitted, together with all documentation necessary for the Project Engineer to determine equivalence, no later than fifteen (15) Calendar Days following the award of Contract, unless a different deadline is listed in the Special Provisions.” 4-7 WEIGHING AND METERING EQUIPMENT. [see Greenbook].
4-8 CALIBRATION OF TESTING EQUIPMENT. [see Greenbook].

SECTION 5 LEGAL RELATION S AND RESPONSIBILITIES
5-1 LAWS AND REGULATIONS. [see Greenbook].
5-2 SPECIAL NOTICES. [see Greenbook].
5-3 LABOR.
5-3.1 General. [see Greenbook].
5-3.2 Prevailing Wages.

Greenbook Section 5-3.2 is not incorporated into these Contract Documents. 5-3.2.1 Public Work [additional to the Greenbook].

The Contractor acknowledges that the Project is a “public work” as defined in Labor Code Section 1720 et seq., and that this Project is subject to Labor Code Section 1720 et seq., including without limitation Labor Code Section 1771, and to the rules and regulations established by the Director of the Department of Industrial Relations (“DIR”) implementing such statutes, including but not limited to Title 8, Division 1, Chapter 8 of the California Code of Regulations (“CCR”). The Contractor shall comply with and be bound by all the terms, rules and regulations described in Labor Code Section 1720 et seq. and to the rules and regulations established by the Director of the DIR as though set forth in full herein. The Contractor is responsible for ascertaining and complying with all current prevailing wage rates for crafts and any rate changes that occur during the life of the Project. 5-3.2.2 Copies of Wage Rates [additional to the Greenbook].

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 Project are on file with the Project Coordinator at City Hall and will be m ade available to any interested party on request.

Additionally, current wage rate information can be found at the DIR’s website at www.dir.ca.gov/. By initiating any Work on this Pr oject, the Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and the Contractor shall post such rates all rate changes at each job site covered by these Contract Documents. 5-3.2.3 Job Site Notices [additional to the Greenbook].

The Contractor is required to post job site notices, as prescribed by regulation.

5-3.2.4 Failure to Pay Prevailing Rates [additional to the Greenbook]. 44 36
The Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty paid to the City, forfeit two hundred dollars ($200) for each Calendar Day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to thes e Contract Documents by the Contractor or by any Subcontractor.
5-3.2.5 Apprentices [additional to the Greenbook].

The Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations Title 8, Section 200 et seq . concerning the employment of apprentices on public works projects. The Contractor shall be responsible for compliance with these Sections for all apprenticeable occupations, including notifying approved apprenticeship programs of Contract award, employing apprentices, and paying training fund contributions. Before commencing Work on this Project, the Contractor shall provide the City with a copy of the info rmation submitted to any applicable apprenticeship program. Within sixty (60) Calendar Days after concluding Work, Contractor and each of its Subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Contract.
5-3.2.6 Debarment or Suspension [additional to the Greenbook].

The Contractor and Subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or 1777.7. If the Contractor or any Subcontractor becomes debarred or suspended throughout the duration of the Project, the Contractor shall immediately notify the City.
5-3.3 Payroll Records.

Greenbook Section 5-3.3, which is not incorporated, shall be completely replaced with the following:
“The Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which require the Contractor and each Subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. The Contractor has ten (10) days in which to comply subsequent to receipt of a written notice requesting these records, or as a penalty to the City, the Contractor shall forfeit one hundred dollars ($100) for each Calendar Day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. Additionally, the Contractor shall furnish certified payroll records directly to the Labor Commissioner in accordance with Chapter 8, Subchapter 4.5, Section 16461 of the CCR.” 5-3.4 Hours of Labor.

Greenbook Section 5-3.4, which is not incorporated, shall be completely replaced with the following:
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“The Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. The Contractor shall comply with and be bound by Labor Code Section 1810. The Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty paid to the City, forfeit twenty-five dollars ($25) for each worker employ ed in the performance of this Project by the Contractor or by any Subcontractor for each Calendar Day during which such worker is required or permitted to work more than eight (8) hours in any one (1) Calendar Day and forty (40) hours in any one (1) calendar week 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 employees of the Contractor in excess of ei ght (8) hours per day, and forty (40) hours during any one (1) week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1½) times the basic rate of pay.”
5-3.5 Registration with the DIR [additional to the Greenbook]. “A Contractor or Subcontractor shall not be qualified to bid on, be listed in a Bid proposal (subject to the requirements of Public Contract Code Section 4104), or engage in the performance of any contract for public work, as defined in Labor Code Section 1720 through 1861, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. An unregistered contractor may submit a Bid that is authorized by Business and Professions Code Section 7029.1 or by Public Contract Code Section 10164 or 20103.5, provided the contractor is registered to perform public work pursuant to Labor Code Section 1725.5 at the time the Contract is awarded. Contractor shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of the Contract.”
5-3.6 Compliance Monitoring [additional to the Greenbook]. “This Project is subject to compliance monitoring and enforcement by the DIR.” 5-3.7 Subcontractors [additional to the Greenbook].
“For every Subcontractor who will perform Work on the Project, the Contractor shall be responsible for such Subcontractor’s compliance with Labor Code Sections 1720 et seq., 1860 and 3700, and the Contractor shall include in the written contract between itself and each Subcontractor a copy of the provisions in th is Section 5-3 of the General Provisions and a requirement that each Subcontractor shall comply with those provisions. The Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure Subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the Subcontractor and upon becoming aware of the failure of the Subcontractor to pay its workers the specified prevailing rate of wages. The Contractor shall diligently take corrective action to halt or rectify any failure.” 5-3.8 Debarred or Suspended Subcontractors [additional to the Greenbook]. “The Contractor shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or 1777.7.” 46 38
5-3.9 Prevailing Wage Indemnity [additional to the Greenbook]. “To the maximum extent permitted by law, the Contractor shall indemnify, hold harmless and defend (at the Contractor’s expense with counsel reasonably acceptable to the City) the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed in this Section 5-3 of the General Provisions by any Person (including the Contractor, its Subcontractors, and each of their officials, officers, employees and agents) in connection with any Work undertaken or in connection with the Contract Documents, including without limitation the payment of all attorneys’ fees and other related costs and expenses.” 5-3.10 Survival [additional to the Greenbook].
“All duties of the Contractor under this Section 5-3 shall survive expiration or termination of the Contract.”
5-4 INSURANCE [see Greenbook].

Greenbook Section 5-4, which is not incorporated, shall be completely replaced with the following:
“All insurance requirements shall be those listed as an attachment to the Contract. If an insurance document is not included as an attachment to the Contract, the City’s INS-I form shall be incorporated herein by this reference.”
Greenbook Sections 5-4.1, 5-4.2, 5-4.3 and 5-4.4 are not to be incorporated into these Contract Documents.
5-4.5 RESPONSIBILITIES OF THE CONTRACTOR
5-4.5.1 Indemnification [additional to the Greenbook].
“The following indemnity provisions shall supersede the indemnity in Greenbook Section 5-4.” 5-4.5.2 Contractor’s Duty [additional to the Greenbook]. “To the maximum extent permitted by law, the Contractor shall, at its sole cost and expense, to defend with competent defense counsel approved by the City Attorney, protect, indemnify, and hold harmless the City, its elected and appointed officials, officers, employees and agents (collectively “Indemnitees”) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, charges, obligations, damages, causes of action, proceedings, suits, losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or resulting from any act, failure to act, error or omission of the Contractor or any of its officers, employees, agents, Subcontractors, material suppliers or any of their officers or agents, arising out of, incident to, related to, in connection with or resulting from any term, provision, image, plan, covenant, or condition in the Contract Documents, including without limitation, the payment of all attorneys’ fees, experts’ fees, and other related costs and expenses (indivi dually, a “Claim,” or collectively, “Claims”).

The Contractor shall promptly pay and satisfy any judgment, award or decree that may be 47 39
rendered against Indemnitees in any such Claim. The Contractor shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Contractor or Indemnitees. This indemnity shall apply to all Claims regardless of whether any insurance policies are applicable.” 5-4.5.3 Civil Code Exception [additional to the Greenbook]. “Nothing in this Section shall be construed to encompass Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or the City’s active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction.”
5-4.5.4 Nonwaiver of Rights [additional to the Greenbook]. “Indemnitees do not and shall not waive any rights that they may possess against the Contractor because the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to these Contract Documents. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence.” 5-4.5.6 Waiver of Right of Subrogation [additional to the Greenbook]. “The Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all Claims arising out of or incident to the activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent or subsequent active or passive negligence by Indemnitees.”
5-4.5.7 Survival [additional to the Greenbook].
“The provisions of this Section 5-4 shall surviv e the term and termination of the Contract, are intended to be as broad and inclusive as is permitted by the law of the State, and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against the Contractor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision.” 5-5 ANTITRUST CLAIMS [see Greenbook].
5-6 PATENT FEES OR ROYALTIES [see Greenbook].
5-7 SAFETY.
5-7.1 Work Site Safety.
5-7.1.1 General
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The following shall be added to Greenbook Section 5-7.1.1:
“The Contractor shall be solely responsible for ensuring that all work performed under the Contract is performed in strict compliance with all applicable Federal, State and local occupational safety regulations. The Contractor shall provide at its expense all safeguards, safety devices and protective equipment, and shall take any and all actions appropriate to providing a safe Project site.

5-7.1.2 Work Site Safety Official. [see Greenbook].
5-7.2 Safety Orders.
5-7.2.1 General. [see Greenbook].
5-7.2.2 Shoring Plan. [see Greenbook].
5-7.2.3 Payment. [see Greenbook].
5-7.3 Use of Explosives. [see Greenbook].
5-7.4 Hazardous Substances. [see Greenbook].
5-7.5 Confined Spaces.
5-7.5.1 Confined Space Entry Program (CSEP) [see Greenbook]. 5-7.5.2 Permit-Required Confined Spaces. [see Greenbook]. 5-7.5.3 Payment. [see Greenbook].
5-7.5.4 “Tailgate” or Safety Meetings [additional to the Greenbook]. “The Contractor must submit to the Project Manager a written report by the end of every week of the “tailgate” or safety meeting(s) held by the Contractor and every Subcontractor working on the Project that week. The Contractor may require that every Subcontractor prepare its own weekly “tailgate” or safety meeting reports; however, every week the Contractor is still responsible for getting a copy of each Subcontractor’s report to the Project Manager. Each written report shall include an agenda of the meeting topics, the date, time and location of the meeting, and a list of attendees.”
5-7.6 Flood Lighting.
5-7.6.1 General. [see Greenbook].
5-7.6.1 Payment. [see Greenbook].
5-7.7 Security and Protective Devices.

5.7.7.1 General. [see Greenbook].
5-7.7.2 Security Fencing. [see Greenbook].
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5-7.8 Steel Plate Covers.
5-7.8.1 General. [see Greenbook].
5-7.8.2 Thickness. [see Greenbook].
5-7.8.3 Installation. [see Greenbook].
5-7.8.4 Payment. [see Greenbook].
5-7.8.5 Protection of the Public. [additional to the Greenbook]. “It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor shall use foresight and shall take such steps and precautions as the Contractor’s operations warrant to protect the public from danger in the form of loss of life, injury or loss of property, which would resu lt from interruption or contamination of public water supply, interruption of other public service, or from the failure of partly completed Work or partially removed facilities. Unusual conditions may arise on the Work that will require that immediate and unusual provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of Work under this Contract.

The requirements of the State Division of Industrial Safety for trenches, excavations and shoring shall apply to all aspects of this Project. Safety is stressed. Trenches, excavations and other openings, if any, shall be covered at the end of each Working Day. Any operations or situation that threatens the safety of workers or the public, including traffic control not in compliance with the approved traffic control plan and the MUTDC, shall cause the suspension of Work until corrections are made.

The Contractor shall take all actions necessary to protect persons and property at the job site from any injury or damages associated with the Work. Unless otherwise specified, the Contractor shall supervise and direct the Work, and shall be solely responsible for all construction methods and sequences.

Should the Contractor not comply with CalOSH A or federal OSHA safety requirements and the Project Manager find out, he or she may issue a Notice of Noncompliance. If the Project Manager does so, the Contractor will furnish and install additional or different measures at the Contractor’s own expense. Should the Contractor refuse or fail to act in a timely manner to correct a hazardous condition, the Project Manager may direct City forces or another contractor to provide the necessary protective and warni ng devices as deemed appropriate by the Project Manager. The costs incurred by the City will be deducted from the Contractor’s next payment and further payments as needed. Any action or inaction on the part of the City in directing attention to the inadequacy of warning and protective measures or providing additional protective and warning devices shall not relieve the Contractor from responsibility for public safety or change the Contractor’s obligation to furnish and pay for these devices.” 5-7.9 Emergencies [additional to the Greenbook].
“Five (5) Calendar Days before the start of construction operations, the Contractor shall notify the Police and Fire Departments wherein the Project lies, giving the expected starting date, completion date and the name and telephone number of a responsible person who may be contacted at any hour in the event of a condition requiring immediate correction. 50 42
Whenever an emergency exists and the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor’s operations, and when immediate action is necessary to protect the public or property, the Project Manager will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation within a reasonable time period, the Project Manager may provide suitable protection by causing such Work to be done and material to be furnished.

All expenses incurred by the City for emergenc y repairs will be deducted from the progress payments and the final payment due to the Contractor. However, if the City does not take such remedial measures, the Contractor is not relieved of the full responsibility for public safety. The Contractor shall not be entitled to any delay claims for Work stopped by the City to correct an unsafe condition.”
5-7.10 Public Notices [additional to the Greenbook].
5-7.10.1 Notification to Property Owners and Businesses [additional to the Greenbook].
“In addition to notices required elsewhere in the Contract Documents, the Contractor shall notify adjacent businesses and residents at least four (4) Working Days and again two (2) Working Days in advance of beginning Work. Public notices shall be provided in the form of door hangers, flyers or both, which will include the Contractor’s name, the Contractor’s phone number, a general description of the Work, and the Calendar Days and times when traffic will be restricted and parking will not be allowed along the Street scheduled for the Work. Contractor must get notice approved by the Project Manager before distribution. The Contractor must hand-deliver all notices to adjacent residents, business, and other areas directed by the Project Manager.”
5-7.10.2 Residents’ Complaints [additional to the Greenbook]. “It is critical that residents’ complaints be resolved expeditiously. To achieve this, the Project Manager will inform the Contractor of the complaint verbally or in writing. The Contractor, in turn, shall contact the resident, inform the Project Manager within twenty-four (24) hours of the action to be taken, or both, at the Project Manager’s discretion.” 5-7.10.3 Project Identification Sign [additional to the Greenbook]. “The Contractor must furnish portable changeable message signs if required by the City’s Traffic Engineer. The Contractor shall program messages and place in location as directed, including periodic relocations as required. The Contractor must keep such signs clean and in good repair.”
5-7.11 Access [additional to the Greenbook].
“All construction Work and traffic control shall be scheduled and constructed to provide for a minimum of inconvenience and a maximum of safety to the public vehicular and pedestrian traffic. The Contractor shall be responsible for the protection of vehicular and pedestrian traffic until the Work called for in the Plans, Greenbook, General Provisions and Special Provisions and as directed by the Project Manager is complete.
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Access to Street intersections, public and private parking lots, commercial businesses, residences and other public and private properties must be maintained at all times. The Contractor shall notify occupants of all affected properties with written notice at least seventy- two (72) hours before any temporary obstruction of access. Vehicular access to property line shall be maintained at all times, except as required for construction that cannot otherwise be accomplished and for a reasonable period of time. No overnight closure of any driveway will be allowed, except as permitted by the Project Manager.

The Contractor’s construction schedule shall allow affected people ample on-street parking within a reasonable distance from their homes and businesses. Requests for changes in the schedule shall be submitted by the Contractor to the Project Manager for approval at least forty- eight (48) hours before the scheduled operations on the Streets affected.” 5-7.12 Traffic [additional to the Greenbook].
“TEMPORARY NO PARKING” signs shall be posted at least forty-eight (48) hours, but not more than seventy-two (72) hours, in advance of commencing the Work. When determined necessary by the Project Manager, the signs shall be placed no more than one hundred fifty (150) feet apart and at shorter intervals if conditions warrant. Contractor shall furnish and place barricades, if necessary, for posting of signs. The Contractor shall provide the signs and will be responsible for adding the dates and hours of closure to the signs. The Contractor shall report the time of posting to the Oxnard Police Department for the purpose of towing. The Contractor shall remove all signs within forty-eight (48) hours after the portion of the Work affecting parking is accepted by the City. Should the Contractor fail to pick up signs within this time frame, the Contractor shall be charged a penalty of twenty-five dollars ($25) per sign per Calendar Day left in the public right-of-way. Said monies will be deducted from any monies due or to become due to the Contractor.”
5-7.12.1 Traffic Control Plan (TCP) [additional to the Greenbook] “All Work shall require maintenance and control of traffic during the construction period. The Contractor shall provide a detailed Traffic Control Plan (TCP) for all phases of construction for review and shall conform to the Greenbook, General Provisions, Special Provisions, the MUTCD, SSS and the SSP and must be approved by the Project Manager before construction.

The TCP shall be prepared under the supervisi on of and signed and stamped by a registered professional civil engineer or a traffic engineer licensed to practice in the State of California. The TCP shall cover signing, flagging, detour geometric, delineation and channelization, barriers and barricades, separation of opposing traffic streams, and hours of flash operation at signalized intersection(s). The Contractor shall not commence Work before receiving an approved TCP.

Any delay in acquiring TCP approval will be at the Contractor’s expense and no additional Working Days will be granted.

Traffic control shall be provided by a qualified traffic control company specializing with a C-31 license during the construction of the Project. Traffic control shall address parking changes as well. Before the beginning of any Work or if there are changes to the proposed TCP and after approval by the City, the qualified traffic control company staff shall complete field checks of the installed traffic control by driving through the Work area to ensure the adequacy of traffic control. During any period when two-way traffic is not provided, the Contractor shall employ properly trained flaggers to control traffic through the construction zone. 52 44
For construction in the vicinity of a school, the Contractor shall contact that school’s district, obtain a school schedule and school circulation plan, and incorporate information into the Project’s schedule and traffic control, such that within one thousand (1,000) feet of the school on routes serving the school for student arrivals and departures are not impacted between one (1) hour before and one half (1/2) hour after the schoolday start time and one (1) hour before or one half (1/2) hour after schoolday end time. Contractor shall notify School District of any impacts.

The Contractor shall provide and maintain steel traffic plates recessed into the pavement securely over the trench whenever required or at the end of the Working Day.” 5-7.12.2 Street Closures, Detours, Barricades [additional to the Greenbook] “Street closures will not be allowed, except as specifically permitted by the City’s Traffic Engineer.

Traffic signals shall not be placed in flash operation during the hours that traffic lanes must be kept open as defined in this Section. Under no circumstances shall traffic signals be placed under flash operation without prior approval of the City. The Contractor shall contact the City Inspector at least five (5) Working Days in advance to coordinate signal service, unless a different time frame is required in the Special Provisions.

All traffic control barricades, signs and devices used by the Contractor shall, as a minimum, conform to the MUTCD. Should the Contractor fail to provide adequate traffic control or safety barricades, and in the event a responsible individual cannot be located or refuses to perform, the City will, at its option, place needed devices or engage a private firm to place and maintain said traffic control devices. The cost incurred by the City in connection therewith will be deducted from the Contractor’s next payment.

Advance warning signs must be provided with orange warning flags in advance of temporary stop signs. Temporary stop signs are required any time a traffic signal is dark. Temporary stop signs shall be mounted at seven (7) feet height. The Contractor shall post standard “NO STOPPING – CONSTRUCTION ZONE” signs forty-eight (48) hours before construction, not more than fifty (50) feet apart within the Work area, showing the date and time of construction.

The Contractor shall provide advance construction not ification sign(s) at each end of the Project limits seven (7) Calendar Days before the start of construction at each site. Notification signs shall include the construction start and completion dates.” 5-8 RECYCLING OF MATERIALS [additional to the Greenbook]. “Contractor must adhere to the City’s recycling plans, which are incorporated by this reference and available through the Project Manager.”
5-9 CONFIDENTIALITY [additional to the Greenbook].
5-9.1 Confidential Information [additional to the Greenbook]. “For the purposes of this Agreement, “Confidential Information” means all information, in whatever form transmitted, relating to the past, present or future business affairs of the City, including without limitation, (i) technical inform ation, including patent, copyright, trade secret, 53 45
and other proprietary information, techniques, sketches, drawings, plans, specifications, models, inventions, know-how, processes, apparatus , equipment, algorithms, software programs, software source documents, change orders and form ulas; or (ii) non-technical information, including without limitation pricing, margins, marketing plans and strategies, finances, financial and accounting data and information, suppliers, customers, customer lists, purchasing data, sales and marketing plans, future business plans and any other information belonging to the City or to a third party whose information is in the City’s possession or control under obligations of confidentiality, and which (i) is disclosed to the Contractor or (ii) developed by Contractor at the City’s expense.”
5-9.2 Information Provided by Contractor [additional to the Greenbook]. “All information provided by the Contractor or developed by the Contractor at the expense of the City shall be considered Confidential Information and shall not be reproduced, transmitted, disclosed or used by the Contractor without the written consent of the City, except as may be necessary for Contractor to fulfill its obligations to the City.” 5-9.3 Exemptions [additional to the Greenbook].
“Notwithstanding the above, these limitations shall not apply to information: (i) that is already known to Contractor at the time of its disclosure or becomes publicly known through no wrongful act or omission of Contractor; (ii) when such in formation is communicated to a third party with the express written consent of the City and is not subject to restrictions on further use or disclosure; or (iii) that is required by law to be disclosed to any governmental agency, or required by court order, a court-issued subpoena or other legal process to be disclosed. Before making any such disclosure listed in this paragr aph, Contractor shall immediately provide the City with written notice and a reasonable opportunity for the City to object to the disclosure or to take action to maintain the confidentiality of the information, unless such prior disclosure is impermissible by law or court order.”
5-9.4 Enforcement [additional to the Greenbook].
“Contractor shall use reasonable care to protect the Confidential Information. In the event of a breach or threatened breach of this Agreement, the City shall be entitled to obtain an injunction prohibiting any such breach, the costs of which shall be paid by Contractor. Any relief granted shall be in addition to and not in lieu of any other legal or equitable relief, including money damages. The City and Contractor acknowledge that Confidential Information is valuable and unique and that disclosure of the Confidential Information in breach of Section 5-9.4 may result in irreparable injury to the City.”
5-9.5 No Warranties by City [additional to the Greenbook]. “Other than an obligation upon the City to deal in good faith, the City makes no warranties and shall bear no liability or responsibility for erro rs or omissions in any Confidential Information disclosed under this Section or for any business decisions made by Contractor in reliance on any Confidential Information disclosed under this Section.” 5-9.6 Survival [additional to the Greenbook].
“All duties of the Contractor under this Section 5-9 shall survive expiration or termination of the Contract.”
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5-10 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. “The Contractor shall mark and protect all survey monuments, manholes, valves, substructures, or other items which are visible on the surface and will be covered by its operations. This shall be completed and approved by the City Inspector before start of that operation.

Where Contractor damages, wholly or partially remo ves, or reduces the reflectivity of existing traffic striping, pavement markings, and curb markings, such striping or markings shall also be considered as existing improvements, and the Contractor shall repaint or replace such improvements. Relocations, repai rs, replacements, or reestablishments shall be at least equal to the state of the striping, pavement markings and curb markings before Contractor began the Project or to the nearby improvements, whichever is higher quality, and shall match this standard in finish and dimensions unless otherwise specified.

All costs to the Contractor for marking, protecting, removing, restoring, relocating, repairing, replacing, or reestablishing existing improvements shall be included in the Bid.” SECTION 6. PROSECUTION A ND ACCEPTANCE OF THE WORK
6-1 BASELINE CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK.

The Greenbook uses the term “construction schedule” but the City prefers the term “baseline construction schedule” in this context; thus, where “construction schedule” appears in Greenbook Section 6-1 or any of its subsections, “baseline construction schedule” is substituted.
6-1.1 Baseline Construction Schedule.

The following shall be added to Greenbook Section 6-1.1:
“Notice to Proceed shall not be issued until the baseline construction schedule documents are submitted to the Project Manager for approval. “A pproval” within this Section shall mean the Project Manager ensures the baseline constr uction schedule meets the start and end dates and meets format requirements; “approval” does not include the Project Manager’s assessment of whether the Work can be completed according to that baseline construction schedule.” 6-1.1.1 Pre-Construction Meeting [additional to the Greenbook]. “Contractor and the Project Manager shall hold a pre-construction meeting before any Work on the Project commences. Unless previously subm itted to the Project Manager, the Contractor shall bring to the pre-construction meeting copies of each of the following:
1) The Baseline Construction Schedule.
2) Both the daytime and emergency phone numbers of the person or persons who will be designated as Contractor’s general construction superintendent or on-site construction manager for the Project.

3) A procurement schedule of major equipment and materials and items requiring long lead time.
4) Shop drawing/ a sample submittal schedule.
5) A preliminary schedule of values (lump sum price breakdown) for progress payment purposes.
55 47

The purpose of the pre-construction meeting is to designate responsible personnel and establish a working relationship. The parties will discuss matters requiring coordination and establish procedures for handling such matters. The complete agenda will be furnished to the Contractor before the meeting date. The Contractor shall be prepared to discuss all of the items listed below.
1) The Contractor’s proposed baseline construction schedule. 2) Notification of local residents before starting any Work and keeping them informed throughout the time in which the Project is being constructed. 3) Procedures for transmittal, review, and distribution of the Contractor’s submittals. 4) Processing applications for payment.
5) Maintaining record documents.
6) Critical Work sequencing.
7) Maintaining sewage service during construction, including proposed by-passes. 8) NPDES requirements, if any.
9) Field decisions and Change Orders.
10) Use of Project site, office and storage areas, security, housekeeping, and the City’s needs.
11) Major equipment deliveries and priorities.
12) Traffic control.
13) Labor requirements, including but not limited to prevailing wages. 14) Permits.
15) Any other item that the Project Manager states is relevant to the meeting.” 6-1.1.2 Progress Meetings [additional to the Greenbook]. “Progress meetings will be held each week during the course of the Project. The meeting location, day of the week and time of day will be mutually agreed to by the City and the Contractor. The Contractor shall provide a three (3) week “look ahead” schedule and a list of what was completed on the Project in the past week for each meeting. The Project Manager will preside at these meetings. As the Work progresses, if it is determined by mutual agreement of the attendees, that weekly meetings are not ne cessary, the weekly progress meetings may be changed to another schedule.”
6-1.2 Commencement of the Work .

Greenbook Section 6-1.2, which is not incorporated, shall be completely replaced as follows:
“The Contract time shall commence upon the date of issuance of the Notice to Proceed. The Work shall start within the time period that the Project Manager states and be diligently prosecuted to completion within the Contract Term.”
6-2 PROSECUTION OF THE WORK.

Greenbook Section 6-2, which is not incorporated, shall be completely replaced as follows:
“If the Contractor has fallen behind the approved baseline construction schedule, as modified by such time extension as may have been granted by the City for unavoidable delays, by more than two (2) weeks, the Contractor shall submit a recovery schedule to the Project Manager that exactly indicates measures of schedule recovery including, but not limited to, revised methods 56 48
of procurement, revised sequencing of Work, and any additional measures such as increasing the number of personnel, shifts, overtime operat ions, Working Days and amount of construction equipment until such time as the Work is back on schedule. All costs required to bring the Project back on schedule shall be borne by the Contractor without additional cost to the City.

If the Contractor falls behind the approved baseline construction schedule, as modified by such time extension as may have been granted by the City for unavoidable delays, by more than three (3) weeks, the City can deem that the Contractor is in material breach of the Contract, in which case the Work shall be turned over to the Surety for completion.

Alternatively, if the Project Manager determines that the Contractor is failing to prosecute the Work to the proper extent, the Project Manager may issue an order of noncompliance in any form or manner. If the order is in writing, the Project Manager has the option of listing the steps required to remedy the situation and reasonable deadlines for each step. The Project Manager may also provide that if such steps are not taken within such listed deadlines, then an amount of $250 per Calendar Day may be assessed for each Calendar Day of delay as a result of damages being sustained by the City that are, and will continue to be, impracticable and extremely difficult to determine. The City may assess liquidated damages in accordance with Section 6-9 and in these General Provisions.

These options are available in addition to all other options in the Greenbook or as otherwise legally available.”
6-3 TIME OF COMPLETION.
6-3.1 General. [see Greenbook].
6-3.2 Contract Time Accounting. [see Greenbook].
6-4 DELAYS AND EXTENSIONS OF TIME.
6-4.1 General.

Greenbook Section 6-4.1, which is not incorporated, shall be completely replaced as follows:
“If delays are caused by unforeseen events bey ond the control of the Contractor, and the Project Manager approves the unforeseen events, such delays may entitle the Contractor to an extension of the Contract time as provided her ein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as otherwise specified in 6-4.3. In any case, no extension of time will be granted for a delay caused by the inability to obtain materials unless the Contractor obtains from the supplier and furnishes to the Engineer documentary proof that such materials could not be obtained due to war, government regulations, labor disputes, strikes, fires, floods, adverse weather necessitating the cessation of work, or other similar action of the elements. No time extension will be granted for delays which do not affect the critical path of the baseline construction schedule.

The Contractor shall be responsible for, and shall bear the expense of, the cost of repairing or restoring damage to any Work if the damage is determined to have been proximately caused by an Act of God, up to five percent (5%) of the Contract Price, provided that the Work damaged was built in accordance with accepted and applicable building standards and the Contract Documents. The Contractor shall not be responsible for any such damage beyond five percent 57 49
(5%) of the Contract Price. For damage determined to have been caused by anything other than an Act of God, the Contractor shall be responsib le for all costs of repairing or restoring damage to any Work until final acceptance of the Project by the City as defined in Section 3-13.3. For the purposes of this provision, “Acts of God” shall be defined earthquakes in excess of a magnitude of 3.5 on the Richter scale and tidal waves. The Contractor shall notify the City promptly in writing of each delay, whether by an Act of God or otherwise, and its cause and the expected delay. Upon request, the Contractor shall update such notice.

Unless otherwise agreed to in writing, an adjustment to the Contract time by reason of a Change Order shall be agreed to at the time the Change Order is issued and accepted by Contractor. If the Change Order does not reserve the rights of the parties, or either of them, to seek an adjustment to the Contract time, then the parties forever relinquish and waive such rights and there shall be no further adjustments to the Contract Term.” 6-4.2 Extensions of Time.

The following shall be added to Greenbook Section 6-4.2:
“In the event it is deemed appropriate by the City to extend the time for completion of the Work, any such extension shall not release any guarantee for the Work required by the Contract Documents, nor shall any such extension of time relieve or release the Sureties on the Bonds executed. In executing such Bonds, the Sureti es shall be deemed to have expressly agreed to any such extensions of time without additional notice. The amount of time allowed by an extension shall be limited to the period of the delay giving rise to that extension as determined by the City. Notwithstanding any dispute whic h may arise in connection with a claim for adjustment of the Contract time, the Contractor shall promptly proceed with the Work.” 6-4.3 Payment for Delays.

The following shall be added to Greenbook Section 6-4.3:
“Notwithstanding any other terms and conditions of the Contract Documents, the City shall have no obligation whatsoever to increase the Contract Price or extend the time for delays.

No payment or compensation of any kind shall be made to the Contractor for damages or increased overhead costs caused by any delays in the progress of the Contract, whether such delays are avoidable or unavoidable or caused by any act or omission of the City or its agents.

Any accepted delay claim shall be fully compensated for by an extension of time to complete the performance of the Work.

This Section shall not apply to compensable delays caused solely by the City. If a compensable delay is caused solely by the City, the Contractor shall be entitled to a Change Order that: (1) extends the time for completion of the Contract by the period of the delay caused by the City; and (2) provides equitable adjustment, as determined by the City, to the Contractor.” 6-4.4 Written Notice and Report.

Greenbook Section 6-4.4, which is not incorporated, shall be completely replaced as follows:
“If the Contractor desires payment for a delay or an extension of time, the Contractor shall submit to the Project Manager a written request and report of cause within three (3) Working 58 50
Days after the beginning of the delay unless such a request and report are impossible to submit due to the nature of the delay. In such a case, Contractor shall submit the request and report as soon thereafter as possible.

Such request and report of cause shall specify the nature of the delay and the conditions that set the beginning time of delay. If the delay is due to an inability to obtain materials or equipment, the request and report of cause must include the following items as appropriate under the circumstances: the date Contractor was first notified of the delay; the date the delay began; the exact description of the material, equipment or other cause of the delay; documentation showing when and from whom the del aying item was ordered; documentation of promise to deliver the delaying item; documentati on of actual delivery date of the delaying item; description of how late delivery caused delay, including references to the construction schedule; documentation of measures taken to get prompt delivery; documentation of attempts to get delivery from other sources; description of steps taken in the Work scheduling to minimize effects of late delivery; a description of steps taken to get the Work back on schedule after delivery; and a statement of the actual time lost as a result of late delivery. Failure by the Contractor to file all of these items within the time specified herein will be considered grounds for rejection by the City, regardless of the merit of the issues raised in that notice.” 6-5 USE OF IMPROVEMENT DURING CONSTRUCTION
The following shall be added to Greenbook Section 6-5:
“Action by the Agency to take over and utilize any part of the Project shall become effective only upon issuance of a written notice, signed by the Engineer, setting forth a description of the completed improvements to be taken over, the effective date, location and limits thereof.”

6-6 SUSPENSION OF THE WORK.
6-6.1 General. [see Greenbook].
6-6.2 Archeological and Paleontological Discoveries. [see Greenbook]. 6-7 TERMINATION OF THE CONTRACT FOR DEFAULT.
6-7.1 General [see Greenbook].
6-7.2 Notice to Cure [see Greenbook].
6-7.3 Notice of Termination for Default. [see Greenbook]. 6-7.4 Responsibilities of the Surety. [see Greenbook].
6-7.5 Payment. [see Greenbook].
6-8 TERMINATION OF THE CONTRACT FOR CONVENIENCE.

The following shall be added to Greenbook Section 6-8:
“In addition to the reasons for termination listed in Greenbook Section 6-8, which allow termination upon any written notice, the City may terminate the Contract for any other reason or 59 51
for no reason upon thirty (30) Calendar Days’ written notice. The rest of the procedure outlined in Section 6-8 shall apply to such situation, including the Contractor’s required immediate notification of Subcontractors and suppliers and the payment. In no event (including termination for impossibility or impracticability, due to conditions or events beyond the control of the City, for any other reason or for no reason) shall the to tal amount of money to Contractor exceed the amount which would have been paid to Contractor for the full performance of the services described in the Contract.

Furthermore, some of the City’s projects are funded in whole or in part by funds other than the City’s General Fund. If this Project is funded by su ch external funds in whole or in part, those external funds are terminated or reduced at any time and for any reason or for no reason at all, and the City determines at its discretion that no other funding is available for continuation of this Project, the City will not be obligated to continue funding for the services contained in these Contract Documents and may terminate the Project immediately. The City shall reimburse the Contractor for its work satisfactorily completed until the termination date. In no event shall the total amount of money to the Contractor exc eed the amount which the City has received in funding from its external source. The Special Provisions may include further details in this regard.”
6-9 LIQUIDATED DAMAGES. [see Greenbook].

SECTION 7 MEASUREMENT AND PAYMENT
7-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK.
7-1.1 General. [see Greenbook].
7-1.2 Methods of Measurement.

The following shall be added to Greenbook Section 7-1.2:
“The Contract Price shall constitute full compensation for all labor, equipment, materials, tools and incidentals required to complete the Project as outlined in these Contract Documents and as directed by the Project Manager.”
7-1.3 Certified Weights. [see Greenbook].
7-2 LUMP SUM WORK [see Greenbook].
7-3 PAYMENT.
7-3.1 General. [see Greenbook].
7-3.2 Partial and Final Payment. [see Greenbook].
7-3.2.1 Monthly Closure Date and Invoice Date [additional to the Greenbook]. “In accordance with Greenbook Section 7-3.2, the monthly closure date shall be the last Working Day of each month. The Contractor will measure WIP performed during the month and will submit a Quantify WIP, with the Project Inspector for payment backup. Each invoice must be 60 52
signed and submitted to the Project Manager before the tenth (10th) Calendar Day of the following month for verification and payment consideration.” 7-3.2.2 Payments [additional to the Greenbook].
“The City shall make payments within thirty (30) Calendar Days after receipt of the Contractor’s undisputed and properly submitted payment request, including an updated construction schedule pursuant to Section 6-1.1 of both the Greenbook and the General Provisions. The City shall return to the Contractor any payment request determined not to be a proper payment request as soon as practicable, but not later than seven (7) Calendar Days after receipt, and shall explain in writing the reasons why the payment request is not proper.” 7-3.2.3 Retention [additional to the Greenbook].
“The City shall withhold five percent (5%) of the Contract Price until final completion and acceptance of the Project. However, at any time after fifty percent (50%) of the Work has been completed, if the City Council finds that satisfactory progress is being made, it may, at its discretion, make any of the remaining progress payments in full for actual Work completed. If no claims have been filed or are pending by the end of the Contract Term, the City shall pay Contractor the amount retained except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment or as may be withheld for any other lawful purposes.”
7-3.2.4 Final Invoice and Payment [additional to the Greenbook]. “Whenever the Project is accepted, the Project Manager shall notify the City Clerk that the Contract has been completed in its entirety. The Contractor shall then submit to the Project Manager a written statement of the final quantities of Contract items for inclusion in the final invoice. Upon receipt of such an invoice, the Project Manager shall check the quantities included therein and shall authorize a payment amount, covering the value of the total amount of Work done by the Contractor, less all previous payments and all amounts to be retained under the provisions of the Contract Documents (“Final Payment Amount”). The Project Manager shall then file, on behalf of the City in the office of the County Recorder, a Notice of Completion of the Work herein agreed to be done by the Contractor. In addition, the final payment will not be released until the Contractor returns the control set of Plans and Specifications showing the redlined as-built conditions.” 7-3.2.5 Substitute Security [additional to the Greenbook]. “In accordance with Public Contract Code Section 22300, the Contractor may request that it be permitted to substitute securities in lieu of hav ing retention withheld by the City from progress payments when such payments become due or, in the alternative, the Contractor may request that the City make payments of earned retentions directly to an agreed upon designated escrow agent at the Contractor’s expense. If the Contractor selects either one of these alternatives, the following shall control:”
7-3.2.5.1 Substitution of Securities for Performance Retention [additional to the Greenbook].
“At some reasonable time before any progress payment would otherwise be due and payable to the Contractor in the performance of Work under these Contract Documents, the Contractor 61 53
may submit a request to the City in writing to permit the substitution of retentions with securities equivalent to the amount estimated by the City (“estimated amount of retention”) to be withheld.

The Contractor shall deposit such securities with the City or may, in the alternative, deposit such securities in escrow with a State or federally chartered bank in California, as the escrow agent, at the Contractor’s expense. Such securities will be the equivalent or greater in value of the estimated amount of retention. If the Contract is modified by written Modifications or Change Orders or the Contractor otherwise becomes entitled to receive an amount more than the Contract Price at the time the securities are deposited, the Contractor shall, at the request of the City, deposit with the City or escrow agent, whichever is applicable, additional securities within a reasonable time so that the amount of securities on deposit with the City or escrow agent is equivalent to or greater in value than the total amount of retention the City would otherwise be entitled to withhold from progress payments due or to become due to the Contractor under this Contract. The City shall withhold any retention amount that exceeds the security amount until the additional securities are deposited and, if the deposit is with an escrow agent, the City has confirmation from that escrow agent of the new total value of securities. Upon satisfactory completion of the Contract, which shall mean, among other things, that the City is not otherwise entitled to retain proceeds from progress paym ents as elsewhere provided in the Contract or under applicable law, the securities shall be returned to the Contractor. The City shall, within its sole discretion, determine whether the amount of the securities on deposit with the City or escrow agent is equal to or greater than th e amount of estimated retention of progress payments that could otherwise be held by the City if the Contractor had not elected to substitute same with securities.”
7-3.2.5.2 Deposit of Retention Proceeds with an Escrow Agent [additional to the Greenbook].
“As an alternative to the substitution of secu rities as provided above or the City otherwise retaining and holding retention proceeds from progress payments, the Contractor may request the City to make payments of retentions earned directly to an escrow agent with the same qualifications as required in Section 7-3.2.5.1 above; this shall be at the expense of the Contractor. At its sole expense, the Contractor may direct the investment of such retention payments into only such securities as mentioned in Section 7-3.2.5.3 below and shall be entitled to interest earned on such investments on the sa me terms provided for securities deposited by the Contractor. Upon satisfactory completion of the Contract, which shall mean when the City would not otherwise be entitled to withhold retention proceeds from progress payments had the Contractor not elected to have such proceeds deposited into escrow, the Contractor shall be allowed to receive from the escrow agent all securities, interest and payments deposited into escrow pursuant to the terms of this Section.”
7-3.2.5.3 Subcontractor Entitlement to Interest [additional to the Greenbook]. “If the Contractor elects to receive interest on any moneys withheld in retention by the City, then the Subcontractor shall receive the identical rate of interest received by the Contractor on any retention moneys withheld from the Subcontractor by the Contractor, less any actual pro rata costs associated with administering and calculating that interest. In the event that the interest rate is a fluctuating rate, the rate for the Subcontractor shall be determined by calculating the interest rate paid during the time that retentions were withheld from the Subcontractor. If the Contractor elects to substitute securities in lieu of retention, then, by mutual consent of the Contractor and the Subcontractor, the Subcontractor may substitute securities in exchange for the release of moneys held in retention by the Contractor. The Contractor shall pay each Subcontractor, not later than ten (10) Calendar Days after receipt of escrow moneys, the 62 54
amount owed to each Subcontractor from the money s plus the respective amount of interest earned, net of costs attributed to the retention held from each Subcontractor, on the amount of retention withheld to insure performance of the Subcontractor.” 7-3.2.5.4 Securities Eligible for Investment [additional to the Greenbook]. “Securities eligible for investment shall include those listed in Public Contract Code Section 22300(c). The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.”
7-3.2.5.5 Escrow Agreement for Security Deposits in Lieu of Retention [additional to the Greenbook].
“The escrow agreement that shall be used for the deposit of securities in lieu of retention shall substantially conform to the form prescribed in Public Contract Code Section 22300(f).” 7-3.2.5.6 Inconsistencies with Prevailing Statutory Requirements [additional to the Greenbook].
“If there is any inconsistency between or differences in Public Contract Code Section 22300 and the terms of this provision, or any future amendments thereto, Section 22300 shall control.” 7-3.3 Delivered Materials [see Greenbook].
7-3.4 Mobilization [see Greenbook].
7-3.5 Contract Unit Prices .
7-3.5.1 General. [see Greenbook].
7-3.5.2 Increases of More Than 25 Percent. [see Greenbook]. 7-3.5.3 Decreases of More Than 25 Percent. [see Greenbook]. 7-3.6 Stipulated Unit Prices. [see Greenbook].
7-3.7 Agreed Prices. [see Greenbook].
7-3.8 Eliminated Items.

Greenbook Section 7-3.8, which is not incorporated, shall be completely replaced with the following:
“Should any Bid item be eliminated in its entirety, and Contractor already ordered materials conforming to the Plans and Specifications in the eliminated item before the date of notification of elimination by the Engineer, Contractor shall attempt to cancel the order or return the materials for a full refund; if Contractor is able to return any of the materials, the City shall pay the Contractor for the supplier’s actual cost for returning the material. If canceling the order and returning the materials cannot be done due to reasons outside of Contractor’s control, Contractor shall notify Project Manager of the precise unused materials, including the amounts of such materials, that Contractor already obtained and what efforts Contractor took to return 63 55
the materials. Project Manager shall have the option of deciding what happens with the materials, including but not limited to: paying Contractor for the actual cost of the materials, thereby obtaining the materials as property of the City, and requiring Contractor to transport the materials to the City for its use, paying the Contractor for its actual handling cost; or disposing of the materials, paying the Contractor for its actual handling cost.” 7-4 PAYMENT FOR EXTRA WORK.
7-4.1 General. [ see Greenbook].
7-4.2 Basis for Establishing Costs, [see Greenbook].
7-4.2.1 Labor. [see Greenbook].
7-4.2.2 Materials. [see Greenbook].
7-4.2.3 Tool and Equipment Rental.

Greenbook Section 7-4.2.3, which is not incorporated, shall be completely replaced with the following:
“The City shall pay for use of equipment in accordance with the latest version of the California State Transportation Agency’s Labor Surcharge and Equipment Rental Rates Guide, available at http://www.dot.ca.gov/hq/construc/equipmnt.html.

If equipment is used intermittently and, when not in us e, could be returned to its rental source at less expense to the City than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site at no expense to the City.

All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used.

The reported rental time for equipment already at the Work site shall be the duration of its use on the Extra Work. This time shall begin when the equipment is first used on the Extra Work, plus the time required to move it from its previous site and back, or to a closer site.” 7-4.2.4 Other Items. [see Greenbook].
7-4.2.5 Invoices. [see Greenbook].
7-4.3 Markup.

The following shall be added to Greenbook Section 7-4.3:
“The Contractor’s reasonable allowance for the markup, including for Subcontractor’s costs, shall only include the total sum of office overhead, jobsite overhead and profit for Work.” 7-4.3.1 Work by the Contractor.

The following shall be added to Greenbook Section 7-4.3.1:
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“If the Work is completed only by Contractor’s own forces, the Contractor may bill the City for labor, materials and a reasonable markup. The Contractor’s reasonable allowance for overhead and profit constituting the markup shall not exceed 10%.”

7-4.3.2 Work by a Subcontractor.

The following shall be added to Greenbook Section 7-4.3.2:
“If the Work is completed only by the Subcontractors’ forces, the Subcontractor’s reasonable allowance for overhead and profit constituting the markup shall not exceed 10%, and the Contractor’s reasonable allowance for overhead and profit constituting the markup shall not exceed 5%.”
7-4.4 Daily Reports. [see Greenbook].
7-5 PAYMENT FOR CHANGES REQUESTED BY THE CONTRACTOR. [see Greenbook]. 7-6 AUDIT [additional to the Greenbook].
“The City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by the Contractor in preparing its billings to the City as a condition precedent to any payment to the Contractor or in response to a construction claim or a Public Records Act (Government Code Section 6250 et seq. ) request. The Contractor will promptly furnish documents requested by the City at no cost. Additionally, the Contractor shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under the Contract. The Contractor shall include a copy of this Section 7-6 in all contracts with its Subcontractors, and the Contractor shall be responsible for immediately obtaining those records or other written material from its Subcontractors upon a request by the State Auditor or the City. If the Project includes other auditing requirements, those additional requirements will be listed in the Special Provisions.” SECTION 8. FACILITIES FOR AGENCY PERSONNEL
Greenbook Part 1, Section 8 is incorporated herein by this reference, except as modified herein.

No field offices for City personnel shall be required, unless stipulated on Special Provisions; however, City personnel shall have the right to enter upon the Project at all times and shall be admitted to the offices of the Contractor to use the telephone, desk and sanitary facilities provided by the Contractor for its own personnel.
8-1 GENERAL [see Greenbook].
8-2 FIELD OFFICE FACILITIES.
8-2.1 Class “A” Field Office. [see Greenbook].
8-2.2 Class “B” Field Office. [see Greenbook].
8-2.3 Class “C” Field Office. [see Greenbook].
8-3 FIELD LABORATORIES.
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8-3.1 Offsite at Manufacturing Plant. [see Greenbook].
8-3.2 At the Work Site. [see Greenbook].
8-4 BATHHOUSE FACILITIES [see Greenbook].
8-5 REMOVAL OF FACILITIES [see Greenbook].
8-6 BASIS OF PAYMENT [see Greenbook].

SECTION 9. UTILITIES [this Section 9 includes information additional to Greenbook Section 402]
9-1 LOCATION. [additional to Greenbook Section 402-1]
The following shall be added to Greenbook Section 402-1:
“The location and existence of all underground Utilities and substructures have not been obtained. The methods used and costs involved to locate existing elements, points of connection and all construction methods are the Contractor’s sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed by the City. The Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which includes contacting Underground Service Alert (“USA”) and other private underground locating firm(s), utilizing specialized locating equipment, hand trenching, or both.

To obtain a USA Identification Number, call USA a minimum of two (2) Working Days before scheduled excavation. (For best response, provide as much notice as possible up to ten (10) Working Days.) Upon request from the Project Manager anytime up to five (5) years after Project acceptance, the Contractor must submit a written notice of every USA Identification Number issued during the course of and related to the Project. The Contractor shall be responsible for preserving the integrity of the existing underground utilities at the site.” 9-1.1 General. [see Greenbook Section 402-1.1].
9-1.2 Payment. [see Greenbook Section 402-1.2].
9-1.3 Entry by Utility Owners. [additional to the Greenbook Section 402]. “The right is reserved to the owners of public Utilities or franchises to enter the Project site for the purpose of making repairs or changes in their property that may be necessary as a result of the Work as well as any other reason authorized by the City. When the Contract Documents provide for the Utility owners to alter, relocate or reconstruct a Utility, or when the Contract Documents are silent in this regard and the Project Manager determines that the Utility owners must alter, relocate or reconstruct a Utility, the Contractor shall schedule and allow adequate time for those alterations, relocations or reconstructions by the respective Utility owners. City employees and agents shall likewise have the right to enter upon the Project site at any time and for any reason or no reason at all.”
9-2 PROTECTION. [additional to Greenbook Section 402-2]. 66 58
The following shall be added to Greenbook Section 402-2:
“If Contractor damages or breaks the Utilities, it will be the Contractor’s responsibility to repair the Utility at no cost to the Utility or to the City.”
9-3 REMOVAL.

Greenbook Section 402-3 shall be completely replaced as follows:
“Contractor shall immediately notify the Project Manager in writing of any facilities not identified in the Plans and Specifications that Contractor finds during the prosecution of the Work. After obtaining that written notice, Project Manager will instruct the Contractor as to what should be done with such facilities. Contractor shall not stop Work while waiting for the Project Manager’s response; instead, Contractor shall move a reasonable distance from the obstruction to continue Work until Contractor obtains further instruction from the Project Manager. The remaining portion of the existing Utility which is left in place shall be accurately recorded, in elevation and plan, on the control set of Contract Drawings.”
9-4 RELOCATION. [additional to Greenbook Section 402-4] The following shall be added to Greenbook Section 402-4:
“The Contractor shall cooperate fully with all Utility forces of the City or forces of other public or private agencies engaged in the relocation, altering, or otherwise rearranging of any facilities that interfere with the progress of the Work. The Contractor shall schedule the Work so as to minimize interference with the relocation, altering, or other rearranging of facilities.” 9-5 DELAYS DUE TO UTILITY CONFLICTS [see Greenbook Section 402-5]. 9-6 COOPERATION. [additional to Greenbook Section 402-6] The following shall be added to Greenbook Section 402-6:
“The Contractor’s attention is directed to the fact that Work may be conducted at or adjacent to the site by other contractors during the performance of the Work under this Contract. The Contractor shall conduct its operations so as to cause a minimum of interference with the work of such other contractors, and shall cooperate fully with such contractors to provide continued safe access to their respective portions of the site, as required to perform work under their respective contracts. Compensation for compliance shall be included in the various items of the Work, and no additional compensation shall be allowed therefor.” 9-7 NOTIFICATION [additional to the Greenbook Section 402]. “The Contractor shall notify the Public Works Director or his or her designee and the owners of all Utilities and substructures not less than forty-eight (48) hours before starting construction.” SECTION 10. ADDITIONAL TERMS [additional to the Greenbook] 10-1 LICENSES [additional to the Greenbook].
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“The Contractor shall possess a City of Oxnard business license at the time of Performance and Payment Bonds and insurance submission. In accordance with Section 7028.15 of the Business and Professions Code, all Contractors shall be licensed in accordance with the laws of the State of California and any Contractor or Subcontractor not so licensed is subject to the penalties imposed by such laws.

If traffic control in a construction zone is required, it must be performed by a State of California Construction Zone Traffic Control Contractor, Specialty Classification C-31.” 10-2 NONDISCRIMINATORY EMPLOYMENT [additional to the Greenbook]. “The Contractor shall not unlawfully discriminate against any individual based on race, religion or religious creed, color, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condi tion, genetic information, marital status, sex, gender, gender identity, gender expression, age, se xual orientation, immigration status, citizenship or military and veteran status. The Contractor shall comply with the nondiscrimination mandates of all statutes, ordinances and regulations.

For every Subcontractor who will perform Wo rk on the Project, the Contractor shall be responsible for such Subcontractor’s compliance with this Section 10-2. The Contractor shall include in the written contract between itself and each Subcontractor a copy of the provisions in this Section 10-2 and a requirement that each Subcontractor shall comply with those provisions.

The Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure Subcontractor’s compliance. The Contractor shall diligently take corrective action to halt or rectify any failure to comply.” 10-3 NOTICE TO PROCEED [additional to the Greenbook].
“After award of this Contract, signing the C ontract Documents and submission of insurance, Payment and Performance Bonds, and a copy of the Contractor’s City business license, the City shall issue the Contractor a Notice to Proceed. The City will not authorize any Work to be done under these Contract Documents before all of the above have been fully executed. Any Work that is done by the Contractor in advance of such time shall be considered as being done at the Contractor’s own risk and responsibility, and as a consequence will be subject to rejection.” 10-4 CONTRACTOR’S RESPONSIBILITY FOR WORK [additional to the Greenbook]. “Until the final acceptance of the Project by the City as defined in Section 3-13.2 of the General Provisions, by written action of the Project Manager, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part of the Work by the action of the elements or any other cause. In the case of suspension of Work from any cause whatever, the Contractor shall be responsible for all materials and the protection of Work already completed, shall properly store and protect them if necessary, and shall provide suitable drainage and erect temporary structures where necessary.” 10-5 DAMAGE TO PUBLIC PROPERTY [additional to the Greenbook]. “Any portions of curb, gutter, sidewalk or any other City improvement damaged by the Contractor during the course of construction shall be replaced by the Contractor at its own cost.” 10-6 REMOVAL OF INTERFERING OBSTRUCTIONS [additional to the Greenbook]. 68 60
“The Contractor shall remove and dispose of all debris, abandoned structures, tree roots and obstructions of any character met during the process of excavation. The cost of any such removals are made a part of the Contract Unit Prices bid by the Contractor under the item for excavation or removal of existing Work.”
10-7 SOILS ENGINEERING AND TESTING [additional to the Greenbook]. “The City may retain a certified materials testing firm to perform materials tests during the Contractor’s entire operation to ascertain compliance with the Contract requirements. The City shall be responsible for the first series of tests. If the initial tests do not meet the Contract requirements, the Contractor shall bear the cost of all subsequent tests.

If the City requires other tests or more specific requirements for testing regarding this Project, those details will be included in the Special Provisions.” 10-8 ACCESS TO PRIVATE PROPERTY [additional to the Greenbook]. “Unless otherwise stated in the Special Provisi ons, the Contractor shall be responsible for all fees and costs associated with securing permission to access private property for any portion, and the Contractor shall obtain the required easement or license for the Project.” 10-9 WORKING DAYS AND HOURS [additional to the Greenbook]. “Except as otherwise specified in the Special Provisions or a City-issued permit, no Work shall be performed by the Contractor: on Saturday s and Sundays; on major highways between the hours of 7:00 p.m. and 7:00 a.m. of the following Calendar Day; on a street before 8:30 a.m. or after 3:30 p.m.; and at any other Work site before 7:00 a.m. or after 6:00 p.m. Additionally, no Work will be allowed on scheduled holidays observed by the City.

Whenever the Project Manager gives written permission or direction to the Contractor to perform night Work or to vary the period during which Work is performed during the Working Day, the Contractor shall give twelve (12) hours’ notice to the Project Manager so that inspection may be provided. Also, a charge may be made to the Contractor for approved overtime or weekend inspections requested by the Contractor.” 10-10 CLAIM DISPUTE RESOLUTION [additional to the Greenbook]. “In the event of any dispute or controversy wi th the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disputed Work will be categorized as an “unresolved dispute” and paymen t, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all disputed Work, claims and other disputed matters.

All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims and to Public Contract Code Section 20104 et seq. (“Article 1.5”) regarding the resolution of public works claims of three hundred seventy-five thousand dollars ($375,000) or less. This Contract hereby incorporates those provisions as through fully set forth herein.
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Additionally, if this Project is for the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other pub lic improvement of any kind, Public Contract Code Section 9204 shall apply to all claims, which are separate Contractor demands sent by registered mail or certified mail with return receipt requested, for one or more of the following: a time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City; the City’s payment of money or damages arising from work done by, or on behalf of, the Contractor pursuant to the Contract and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled; and payment of an amount that is disputed by the City. The Contractor must furnish reasonable documentation to support the claim. The City must respond within forty-five (45) days, and if the Contractor disputes the City’s response, or if the City fails to respond within the time prescribed in Public Contract Code Section 9204, the Contractor may demand an informal conference to meet and confer for settlement of the issues in dispute; that demand must be in writing sent by registered mail or certified mail, return receipt requested. After that conference, any remaining disputed portion of the claim, as identified by the Contractor in writing, must be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. Unless otherwise agreed to by the City and the Contractor in writing, th is mediation shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. If a Subcontractor lacks legal standing to assert a claim against the City because privity of contract does not exist, the Contractor may present to the City a claim on behalf of that Subcontractor in accordance with Public Contract Code Section 9204.”
10-11 THIRD PARTY CLAIMS [additional to the Greenbook]. “The City shall have full authority to compromise or otherwise settle any claim relating to the Project at any time. The City shall timely notify the Contractor of the receipt of any third-party claim relating to the Project. The City shall be entitled to recover its reasonable costs incurred in providing this notice.

The Contractor shall not have any authority to compromise or otherwise settle any claim relating to the Project; any effort by the Contractor to do so shall be deemed a breach of the Contract, and the City will not participate in any such compromise or settlement. Within five (5) Calendar Days of the date that the Contractor receives any third-party claim relating to this Project, the Contractor shall provide written notice thereof and a copy of the claim to the City Attorney.” 10-12 COMPLIANCE WITH ALL LAWS [additional to the Greenbook]. “The Contractor shall comply with all applicable federal, State and local laws, ordinances, codes and regulations in force at the time the Contractor performs pursuant to the Contract Documents.”
10-13 ADDITIONAL REPRESENTATIONS [additional to the Greenbook]. “By signing the Contract, the Contractor represents, covenants and agrees that: (a) the Contractor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in the Contract Documents; (b) there are no obligations, commitments, or impediments of any kind that will limit or prevent its full performance under the Contract Documents; and (c) there is no litigation pending against the Contractor, and the Contractor is not the subject of any criminal investigation or proceeding.”
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10-14 CONFLICTS OF INTEREST [additional to the Greenbook]. “The Contractor shall not accept any employment or representation during the Contract Term or within twelve (12) months thereafter that is or may likely make the Contractor “financially interested,” as provided in Government Code Sections 1090 and 87100, in any decisions made by the City on any matter in connection with which the Contractor has been retained pursuant to the Contract Documents.”
10-15 APPLICABLE LAW [additional to the Greenbook].
“The validity, interpretation, and performance of these Contract Documents shall be controlled by and construed under the laws of the State of California, excluding California’s choice of law rules. Venue for any such action relating to the Contract shall be in the Ventura County Superior Court.”
10-16 TIME [additional to the Greenbook].
“Time is of the essence in these Contract Documents.”
10-17 INDEPENDENT CONTRACTOR [additional to the Greenbook]. “The Contractor, Subcontractors and their officers, employees and agents shall at all times remain, as to the City, wholly independent contractors rather than employees of the City. The Contractor and Subcontractors have and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting the Contractor and/or Subcontractors. Neither the City nor any of its officials, officers, employees or agents shall have control over the conduct of the Contractor, Subcontractors, or any of their officers, employees, or agents, except as set forth in the Contract Documents, and the Contractor and Subcontractors are free to dispose of all portions of their time and activities that they are not obligated to devote to the City in such a manner and to such persons that the Contractor or Subcontractors wish except as expressly provided in these Contract Documents.

Except as the Project Manager may specify in writing, the Contractor, Subcontractors and their officers, employees and agents shall have no power or authority, express or implied to act on behalf of City in any capacity, to bind City to any obligation, to incur any debt, obligation, or liability on behalf of the City or otherwise to act on behalf of the City as an agent. The Contractor, Subcontractors and their officers, employees and agents shall not, at any time or in any manner, represent that they or any of their officers, employees or agents are in any manner officers, employees or agents of the City.

The Contractor and Subcontractors shall pay all required taxes on amounts paid to them under the Contract, and shall indemnify, defend, and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract Documents. The Contractor shall include this provision in all contracts with all Subcontractors.

The Contractor, Subcontractors and their officers, employees and agents shall be solely responsible for, and shall save City harmless from, all matters relating to the payment of the Contractor and Subcontractors’ officers, em ployees and agents, including compliance with 71 63
social security requirements, federal and State income tax withholding and all other regulations governing employer-employee relations.

The Contractor, Subcontractors and their officers, employees and agents are not entitled to receive from City any of the benefits or right s afforded employees of City, including but not limited to reserve leave, sick leave, vacation leav e, holiday leave, compensatory leave, Public Employees Retirement System benefits, or health, life, dental, long-term disability and workers’ compensation insurance benefits.”
10-18 CONSTRUCTION [additional to the Greenbook].
“In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter in this Contract Documents, the interpretation of these Contract Documents shall not be resolved by any rules of interpretation providin g for interpretation against the party who causes the uncertainty to exist or against the party who drafted all or a portion of that document.” 10-19 THIRD PARTY BENEFICIARIES [additional to the Greenbook]. “Nothing in the Contract Documents is intended to make the public or any member of the public a third party beneficiary of the Contract; nor is any term and condition or other provision of the Contract Documents intended to establish a standard of care owed to the public or any member of the public.”
10-20 WAIVER [additional to the Greenbook].
“No failure or delay on the part of any party in exercising any right or remedy provided in these Contract Documents shall operate as a waiver or pr eclude any exercise of that right or remedy or any other right or remedy provided under thes e Contract Documents, or any other right or remedy otherwise available at law or in equity. In no event shall the making by the City of any payment to the Contractor constitute or be cons trued as a waiver by the City of any breach of covenant or any default that may then exist on the part of the Contractor, and the making of any such payment by the City shall in no way impair or prejudice any right or remedy available to the City with regard to such breach or default.”
10-21 CUMULATIVE REMEDIES [additional to the Greenbook]. “Except if expressly provided herein, no remedy specified in these Contract Documents is intended to be exclusive of any other remedy, a nd each remedy shall be cumulative, in addition to every other right or remedy provided in thes e Contract Documents or otherwise available at law or in equity.”
10-22 TERM [additional to the Greenbook].
“The Contract is effective as of the Effective Date listed, and shall remain in full force and effect until the Contractor has completed all Tasks, the City has accepted all Tasks, and the Contract Term has ended, unless the Contract has been otherwise terminated by the City. However, some provisions may survive the term listed within this Section, as stated in those provisions.” 10-23 NOTICE [additional to the Greenbook].
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Except as otherwise required by law, any notic e or other communication authorized or required by these Contract Documents shall be in writ ing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courie r service on a Working Day during the City’s regular business hours or (b) on the third Working Day following deposit in the United States mail, postage prepaid, to the addresses of Contractor HOWDEN USA COMPANY at 900 West Mount Street, Connersville, IN 47331, and City Hall, or at such other address as one party may notify the other in writing.
10-24 SEVERABILITY [additional to the Greenbook].

To the extent that any term, provision or part of these Contract Documents is held invalid, void, or unenforceable by a court of competent jurisdiction, the remainder of these Contract Documents shall not be impaired or affected, shall continue in full force and effect, and shall be valid and enforceable to the fullest extent permitted by law. 73 65

SPECIAL PROVISIONS

1000 BACKGROUND
The City of Oxnard Wastewater Treatment Plant (OWTP) located at 6001 Perkins Road in Oxnard utilizes an Activated Sludge Aeration Treatment process to breakdown organic materials within the waste stream. Five (5) Turblex High Speed Blowers, SERIAL # KA5-V- GA200, are utilized to maintain dissolved oxygen levels in the Activated Sludge Treatment Process. The Blower system was installed in the 1990’s as part of the OWTP North Area Expansion Project.

A Class I service was completed on all five blowers in March 2020. 1001 SCOPE OF WORK
The Contractor shall furnish all necessary labor, materials, equipment and other incidental and appurtenant Work to provide Class II service and repair, including a one-time High Speed Shaft and Impeller replacement on each of the five blower units at the OWTP, utilizing original equipment manufacturer (OEM) parts.

The City will work with the Contractor to schedule Class II maintenance, repairs and evaluation including, but not limited to:

 Vibration Analysis
 Sound Analysis
 On-Line Motor Analysis
 General equipment performance

Should the Contractor discover any abnormalities requiring parts or additional labor not specified herein, a written estimate of the cost will be presented to the City’s Project Manager for approval.

1002 CLASS II SERVICE

A. Class II Service to ensure Blower unit performance in accordance with Turblex manufacturer’s standards and specifications shall include but not be limited to:

1. Check Axial Clearance between Impeller and Contour Ring. Adjust as necessary.

2. Dismantle Gearboxes, inspect and reassemble upon completion.

3. Inspect Gearwheels, Bearings, seals, and check clearances.

4. Replace Roller/Ball Bearings if applicable or necessary.

5. Replace Slow Shaft Ball Bearings if applicable or necessary.

6. Replace Flexible “O” Ring Seals.

7. Inspect Electric Motor, Oil Pump, Oil Cooler, Couplings, and Valves for proper operation.

8. Check Axial movement on High and Low Speed Shafts.

9. Inspect the general condition of the units.

10. Identify and document any known issues from the Operations staff.

11. Inspect and replace Inlet Filters if necessary.

12. Inspect and replace Oil Filters if necessary.
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13. Check Lube Oil levels and change if necessary.

14. Inspect Inlet Silencers.

15. Dismantle Compressors Air End and Shroud, inspect and reassemble.

16. Inspect and clean Variable Vein Systems.

17. Check Vein geometry.

18. Inspect and clean Inlet Guide Vein Systems.

19. Inspect the Control Arm of the Variable Vane Systems, both Inlet and Discharge.

20. Check Axial Clearance between Impeller and Contour Rings. Adjust as necessary.

21. Remove Gearbox Inspection Covers, conduct an internal condition assessment, reinstall upon completion.

22. Check axial movement of High Speed Shafts.

23. Inspect ball bearings, and provide quote if replacement is necessary.

24. Verify that Check Valves are operating properly.

25. Check Coupling condition. Re-align and re-torque all fasteners as necessary.

26. Inspect and tighten all mechanical and electrical connections.

27. Clean and test Surge Switches.

28. Check for any Oil Leaks.

29. Verify all 4-20 mA current loops are operating properly.

30. Provide Vibration Analysis of Blower and Motor before and after service to verify satisfactory operation.

31. Verify Oil Gaps for Bearing tolerance and wear assessment.

32. Check that all sensors are reading accurate values and positional feedback from the PLC.

33. Check and verify that all instruments, actuators, limit switches, pumps, and fans are operating properly.

34. Verify all alarms and trip functions are operating properly.

35. Check Blowers in Automatic operation.

36. Check Motor Operation and condition. Grease or Oil Bearings as necessary.

37. Prepare a detailed Service Report including run data, system operation, and overall health of the Blower System.

A. Class II Service shall include the cost of the following parts for each Blower unit:

1. Set of Blower seals and gaskets.

2. Set of Oil Filters.

3. Set of Air Filters.

10034 ONE TIME REPLACEMENT

During the Class II Service, a one-time replacement of the High Speed Shaft, Impeller, and all associated mechanical parts, shall be completed on each of the five (5) Blowers using OEM parts.

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ADDENDUM NO. 1
WASTEWATER BLOWER MAINTENANCE AND REPAIR SERVICE PROJECT Specification No. PW 22‐50R

This Addendum by and between the CITY OF OXNARD, a California municipal corporation (“City”) and HOWDEN USA COMPANY (“Contractor”), effective as at the date first written above , modifies the agreement to which it is attached/referencing (the "Amended Contract"). Notwithstanding any term in the Amended Contract, the parties agree that this Addendum shall govern and take precedence over any provisions in the Amended Contract or any related documents that conflict with, or addresses the subject matter of any provisions contained in this Addendum.

1. Warranty. Contractor warrants that: (i) any Goods provided hereunder will be of good material and workmanship; (ii) any Services provided by Contra ctor shall be performed by competent and qualified personnel in a professional and workmanlike manner in accordance with generally established industry standards; and (iii) the Goods and/or Services su pplied by Contractor hereunder will conform to any applicable technical specifications and/or drawings th at have been agreed upon between the parties as set forth in the Amended Contract. In the event that de fects appear in the Goods under proper use, City’s sole and exclusive remedy thereof shall be that Co ntractor will repair or replace such Goods or re- performance of such Services at Contractor’s option a nd cost (but not including transportation, removal, reinstallation, and decontamination) within the warranty period set forth in the Contract. Unless otherwise expressly agreed, the warranty for Goods sha ll be whichever period expires earlier: (i) twelve (12) months from City’s Project Manager’s acceptance of the Goods or (ii) eighteen (18) months from Contractor’s delivery date (at the applicable Inco terms point of delivery quoted by Contractor).

Contractor’s warranty shall exclude liability for de fects arising from: (i) installation, commissioning and/or operation, not in accordance with Contractor's O&M manual or good industry practice; (ii) use of unapproved spares, unauthorized modification or alterati on of the Goods; (iii) normal wear and tear; (iv) the failure of City and/or the end-user to provide ad equate storage; or (v) use of the equipment otherwise than in accordance with the agreed operational parameters (including composition, pressure and temperature of the feed gas). No part shall be deemed defective by reason of its failure to resist fouling and the action of erosive or corrosive gases. Any warranty repair or replacement of Goods or re- performance of Services shall be warranted by Contr actor for the remainder of the original warranty period. No “evergreen” or “in-place” warranty is being pr ovided. Contractor shall have the sole right to specify the manner and timeframe for such repair /replacement/ re-performance. Defective/non- conforming parts(s)/Goods must be returned to Contract or free of all contaminants and, in the event of replacement, will become the property of Contractor unl ess Contractor instructs otherwise. If Contractor opts to perform any warranty obligations in-place, C ity shall, without cost to Contractor, during a specified time period agreed upon by the parties, provide access by disassembling, removing, replacing, and reinstalling any equipment, st ructures, or other obstructions to the extent necessary to permit Contractor to perform its warranty obligations. THERE ARE NO WARRANTIES, CONDITIONS,

GUARANTEES, REPRESENTATIONS, OR REMEDIES THAT EXTEND BEYOND THESE TERMS AND CONDITIONS. ALL OTHER WARRANTIES, CONDITIONS, GUARANTEES,

REPRESENTATIONS, OR REMEDIES EXPRESS OR IMPLIED, STATUTORY OR

OTHERWISE (INCLUDING ANY CONDITION OR WARRANTY OF MERCHANTABILITY

OR OF FITNESS FOR A PARTICULAR PURPOS E) NOT EXPRESSLY SET FORTH HEREIN,

ARE FULLY DISCLAIMED AND EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. CONTRACTOR’S WARRANTIES DO NOT COVER ANY GOODS OR SERVICES THAT

HAVE BEEN ALTERED OR SUBJECTED TO ACCIDENT OR IMPROPER STORAGE,

INSTALLATION, ASSEMBLY, COMMISSIONING, MAINTENANCE, USE OR 76 68
APPLICATION. CONTRACTOR DOES NOT WARRANT THAT THE GOODS WILL RESIST

THE ACTION OF EROSIVE OR CORROSIVE GASES, LIQUIDS, OR SOLIDS, OR PRODUCE RESULTS IN COMPLIANCE WITH ANY LAWS, DECREES, OR OTHER STANDARDS.

2. Force Majeure. Neither party shall be considered in defa ult or in breach of its obligations under the Contract to the extent that performance of such oblig ations is prevented or delayed by any circumstances outside its reasonable control including, without limitation: strikes, lock-outs or other industrial disputes, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, embargoes, economic or trade sanctions, including any amendments to such embargoes and economic and trade sanctions, acci dental breakdown of plant or machinery, fire, flood, storm, disease outbreak or epidemic and/or any resulting quarantine restrictions (“Force Majeure”).

Either party shall be entitled to terminate the Contract if the Force Majeure situation continues, or it is obvious that it will continue, for more than one hund red and eighty (180) days without liability to the other party. Furthermore, should both parties agr ee that they want to continue the Contract when reasonably practicable to do so, notwithstanding the aforementioned 180 day period being reached, the parties will agree in good faith to renegotiate any necess ary Contract amendment(s) to allow the Contract to continue.

3. Liquidated Damages. The Parties acknowledge and agree that the City’s harm caused by Contractor’s late delivery would be impossible or very difficult to accurately estimate at the time of contract, and that the liquidated damages are a reasonable estimate of the anticipated or actual harm that might arise from such late delivery. The Contractor undertakes to pay liquidated damages at a rate of $250 per day, subject to a maximum amount of 5.0% of the value of the de layed goods. Such liquidated damages shall be the Contractor’s sole and exclusive liability for such failure.

4. Payment; Taxes. 100% of invoice amount is due within 30 days from the date of a valid invoice from the Contractor by electronic funds transfer (EFT) or automated clearing house (ACH) transaction. If any payment falls in arrears the Contractor shall have the right to cancel or postpone performance of the Amended Contract wholly or in part. Prices do not incl ude and City shall be responsible for sales, use, or excise taxes/duties.

5. Title & Risk. Legal and beneficial ownership of the Goods shall remain vested in the Contractor until full payment of the contract price has been made. The Goods will be at the City ’s risk from the time of delivery, or if delivery is delayed for any reason due to the City’s fault from the time that delivery should have taken place.

6. Indemnity. Contractor will indemnify City from claims brought by third parties against City for (i) bodily injury (including death) and (ii) property dama ge, each only to the extent directly caused by the negligence of Contractor. Contractor shall not be res ponsible for the acts/omissions of City or others and Contractor does not agree to any other indemnity not set forth herein. Contractor’s indemnity obligations shall not apply to City property. Any duty to indemnify hereunder is c onditioned upon City: (i) making no statement prejudicial to Contractor, (ii) providing prompt and detailed notice to Contractor of any such claim; (iii) tendering the defense/settlement to Cont ractor with sole control over the same; and (iv) providing full cooperation, authority, and assistance to Contractor.

7. Limitation of Liability. Notwithstanding anything to the contrary contained in the Amended Contract and save to the extent this limitation is prohibited by law: (i) Contractor’s total liability pursuant to the Amended Contract whether by way of indemnity , for breach of contract, warranty or guarantee obligations or by reason of any tort, statute or ot herwise shall in no event exceed the total Amended Contract price. (ii) Contractor shall not be liable to City, end-user or any third party, for any indirect, punitive or consequential damages of any kind or nature whatsoever, or for loss of profits/revenue or loss of production, regardless of whether such damages ar e based upon contract, tort, strict liability in tort, negligence or indemnity. The liability limit shall not apply as to claims required to be insured under the Contract Documents General Provisions Sectio n 5-4 Insurance, or such claims that are otherwise insured, the amount recovered from the Contractor’s insurer for the loss or damage, up to the contractually agreed insurance level.
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8. IP. All patents, copyright and othe r intellectual property rights in or relating to the Goods or their design or the specifications, drawings, manuals or info rmation prepared or supplied by the Contractor, or which arise under or in the course of the Contractor’s performance of the Amended Contract, are, shall be and shall remain the Contractor’s absolute property . The Contractor shall grant the City a royalty free licence to use such intellectual property rights for the sole purpose of operating and maintaining the Goods.

9. Termination. In the event of termination for City’s co nvenience, Contractor shall be reimbursed for the reasonable Direct Costs incurred by Contractor in performing the Amended Contract until termination and for its costs in effecting such termination, notwithstanding any other provision of the Amended Contract. “Direct Costs” means such direct costs borne and incu rred by Contractor associated with the Amended Contract up to and including the date of suspension and/or termination, including but not limited to manufacturing costs, salaries, third part y supplier costs and reasonable overhead and profit margin. If Contractor fails to cure a material breach within a reasonable time after receipt of notice of breach from City, and on Contractor’s acceptance of such breach, City shall have the right, at its option, to terminate the Amended Contract upon payment to Contractor for work performed until the time of termination.

10. Other On-site/Service Provisions; Misc. Contractor’s on-site employees, subcontractors, and representatives shall be given unobstructed access to the site and the work. If there are any delays caused by anyone other than Contractor, the time and expense of the same shall be charged to City. Contractor is an independent contractor and shall provide suitably qualified supervisor(s) who shall give the City the benefit of their technical expertise with the Goods or similar installations and who shall advise the City’s personnel as to the installation in an efficient manner. It shall be the City’s sole responsibility to carry out installation and to achieve the desired work schedules, timescales and quality of workmanship for installation using appropriately qualified workmen in sufficient numbers to achieve the task. Contractor is not responsible for supervision, property or employees of others, including health, safety, or security.

City shall advise Contractor’s in advance of all known and/or suspected hazardous/unsafe conditions and risks that may be encountered while on-site. Contractor shall not be required to take (or refrain from taking) any action, or to enter or remain in any area, where he/she reasonably determines that it would be unsafe.

11. Severance. If any provision of this Addendum is j udged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions will not be prejudiced.

The exclusions, limitations, disclaimers, terms, and conditions set forth in this Addendum shall remain in effect at all times and survive any brea ch, termination, or cancellation of the Amended Contract.

78 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.2

DATE: April 5, 2022

TO: City Council

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

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

RECOMMENDATION

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.
(Public Works and Transportation Committee approved 3-0)

BACKGROUND

The Public Works Department comprises multiple divisions including special districts; water; wastewater; recycled water; stormwater; and environmental resources, all of which require non-scheduled or unplanned electrical repair and maintenance of facilities and infrastructure from time-to-time. In order to avoid regulatory non-compliance, public health and safety hazards, property and/or environmental damage, the work must be completed with urgency, requiring quick response from a contractor. To respond promptly to these unplanned infrastructure failures, the department requires an on-call contract with a qualified contractor or contractor team that has the diverse technical capabilities and the ability to respond quickly to the City’s electrical repair needs.

The City does not have sufficient staff as well as staff with the level of expertise necessary to perform some of the more technical services. The work under this agreement will be through task orders issued by a project manager prior to the start of any work.

Projects to be completed by Contractor are categorized as follows:

Non- Scheduled Urgent Repair Work
Contractor must verbally respond within thirty (30) minutes of telephone notification by the City. Contractor must be on the site within one (1) hour of the notification and begin work immediately. Urgent repairs are those where public interest and necessity demand the immediate response to avoid harm to or to safeguard life, health or property.

Scheduled Repair and Maintenance Work
Contractor must verbally respond within twenty four (24) hours of telephone notification by the City. The scope of work and schedule shall be mutually agreed to between City staff and the Contractor before work begins. Work under this category shall be planned and scheduled Monday through Friday between the hours of 8:00 am and 5:00 pm unless otherwise agreed to by the City.
79 The work for this project includes furnishing all labor, materials, equipment and other incidentals to provide on-call electrical repairs, maintenance and replacement services for the Public Works Department. The work under this agreement will be at prevailing wage rates and through task orders issued prior to the start of any work.

DISCUSSION
The notice inviting formal bids (NIFB) on the Project was published on January 13, 2022, and all bids were due on February 14, 2022. The bids on this project were based on a selection of hourly rates for services that will be used in task orders. The City received the following bids:

Oilfield Electric Company dba Oilfield Electric and Motor: $1,400.00 Waisman Construction, Inc.: $3,399.00 The lowest bidder is Oilfield Electric Company (Oilfield) and its bid is responsive to the City’s NIFB. Following this determination, procurement staff reviewed all documentation received from Oilfield. Procurement staff verified possession of required currently valid licenses, reviewed the federal Occupational Safety and Health Administration (OSHA) website for safety violations, and verified registration with the California Department of Industrial Relations (DIR). Based upon the available information and research performed to date, staff believes that the contractor is capable of satisfactorily completing the project. Thus, staff recommends that the City Council award the contract for this project to Oilfield.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

Each Division within Public Works provides funding for this type of work within the City Council approved annual budgets based on needs. Work to be performed will require the department staff to review and verify funding availability prior to commencing work or will be authorized pursuant to the City’s procurement procedures.

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 3-0 on March 8, 2020 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Omar Castro, Water Division Manager

ATTACHMENTS

1. A-8443 Oilfield PW 22-69
80 Agreement No.: A-8443
1 CITY OF OXNARD CONTRACT FOR

ON-CALL ELECTRICAL REPAIR, MAINTENANCE AND REPLACEMENT SERVICES PROJECT SPECIFICATION NO. PW 22-69

THIS CONTRACT (“Contract”) is made and entered this ______ day of _____________, 2022 (“Effective Date”), by and between the CITY OF OXNARD, a California municipal corporation (“City”) and OILFIELD ELECTRIC COMPANY dba OILFIELD ELECTRIC AND MOTOR (“Contractor”). Contractor’s license number is 125250.

In consideration of the covenants set forth herein, the parties hereto agree as follows:

1. Incorporation. The Contract consists of all Contract Documents, which shall include the General Provisions, Special Provisions and all documents referenced in either the General or Special Provisions as well as the Contractor’s Bid Response. These documents are incorporated herein by reference.

2. Scope of Services. Contractor shall perform all Tasks in a good and workmanlike manner for the project identified as On-Call Electrical Repair, Maintenance and Replacement Services Project Specification No. PW 22-69 (“Project”), as described in this Contract and in the Contract Documents, throughout the Contract Term. The Bid Sheets from the Contractor’s Bid Response are attached hereto as “Exhibit A” and incorporated herein by this reference. The Special Provisions from the Contract Documents are attached hereto as “Exhibit B” and incorporated herein by this reference.

3. Compensation. In consideration of the serv ices rendered pursuant to the requirements listed in the Contract Documents, City shall pay Contractor for each Task in accordance with the Contract Unit Prices submitted in the Bid and included in the attached Exhibit A, which in any case shall not exceed seven hundred and fifty thousand dollars ($750,000.00) during the Contract Term.

4. Contract Term. The Contract Term shall begin on the Effective Date and end three (3) years thereafter, unless sooner terminated pursuant to the Contract Documents.

5. Antitrust Claims. In entering into this Contract, Contractor assigns to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Section 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract Documents. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.

6. Prevailing Wages. City and Contractor acknowledge that the Tasks comprising the Project are public works to which prevailing wages apply. Once the Project Manager issues a Task Order, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the corresponding Task will be on file with the Project Coordinator at City Hall and will be made available to any interested party on request. Contractor and all Subcontractors are not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless registered and qualified to perform public work pursuant to Labor Code Section 1725.5 at the time of Bid submission.
81 Agreement No.: A-8443
2 7. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

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

9. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

10. Entire Agreement. This Contract, including all incorporated documents, constitutes the entire agreement between the parties hereto with respect to the Project and all related Tasks and supersedes all previous agreements, promises, proposals, representations, understandings and negotiations, whether written or oral, between the parties regarding the subject matter.

11. Amendment. No modification, amendment or supplement to this Contract other than Change Orders or Task Orders shall be binding unless made in writing and signed by the duly authorized representatives of both parties.

12. Counterparts. This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A signed copy of this Contract tran smitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Contract for all purposes. This provision shall likewise apply to all Task Orders and other Contract Documents.
[signatures on following page]

82 Agreement No.: A-8443
3 IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the first written above.

CITY OF OXNARD OILFIELD ELECTRIC COMPANY dba

OILFIELD ELECTRIC AND MOTOR

John C. Zaragoza, Mayor1 Date Alan D. Fletcher, President 2 Date Alexander Nguyen, City Manager
Purchasing Manager
[ n a m e ] , B u y e r
Jana D. Fletcher, Secretary Date
A T T E S T :

Rose Chaparro, City Date
Clerk (only if Mayor signs)

APPROVED AS TO FORM:

Stephen M. Fischer, City Date
Attorney (always required)

2 The City requires the following for any contract:
 For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, 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.

83 Exhibit INS-G

INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS
(WITHOUT BUILDER’S RISK REQUIREMENT)

1. Contractor shall obtain and maintain during the performance of any services under this Contract the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Contractor, its agents, representatives, employees or subcontractors.

a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $2,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project location or shall be twice the occurrence amount; b. Business Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property 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. If architectural, engineering, or electrical work will be performed under the Contract, Professional Liability/Errors and Omissions Insurance appropriate to the work being done in an amount not less than $1,000,000, with neither Contractor nor listed subcontractors having less than $500,000 individually. Th e Professional Liability/Errors and Omissions Insurance must b e project specific with at least a one year extended reporting period, or longer upon request. d. Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.

2. Contractor shall, prior to performance of any services, file w ith the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-G. The certificates and endorsements for each insurance policy ar e to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to b e on the attached forms or on other forms approved by the Risk Manage r. All certificates and endorsements are to be received and approved by the Risk Manager before work commences. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance a nd endorsements shall be sent via email (or fax if necessary) t o the Risk Manager, addressed as follows (do not send hard copies):

City of Oxnard
Insurance Compliance
Reference No. A-8443
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007

3. Contractor agrees that all insurance coverages shall be provi ded by a California admitted insurance carrier with an A.M.

Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled by either pa rty, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibilit y to give such notice.

4. Contractor agrees that the Commercial General Liability and Business Automobile Liability Insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-G or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).

5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance or self- insurance coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. A ny failure to comply with reporting provisions of the policies sh all not affect coverage provided to City, its City Council, officer s, employees and volunteers. The insurance shall apply separate ly to each insured against whom claim is made or suit is brought, except with respect to the 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 Ci ty Council, officers, employees and volunteers, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

84 7. All insurance standards applicable to Contractor shall also be applicable to Contractor’s subcontractors. Contractor agrees to maintain appropriate agreements with subcontractors and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.

2/22
85 INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS

Certificates of Insurance

The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City =s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change co verage or obligate the carrier to provide notice of cancellation.

Endorsement Forms

Original endorsements are required for general liability and automobile liability insurance policies and must be attached 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.

INS-G.doc

86 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. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

CODESUB-CODE

COMPANIES AFFORDING INSURANCE COVERAGE

INSURED

COMPANY

LETTER ASPECIFY COMPANY NAMES IN THIS SPACE

COMPANY
LETTER
B

COVERAGES

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO D INDICATED, NOTWITHSTANDING

ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MA Y 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.

CO
LTR

TYPE OF INSURANCE

POLICY NUMBER

POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)

LIMITS

GENERAL LIABILITY
[x] COMMERCIAL GENERAL LIABILITY
[ ] CLAIMS MADE [x] OCCUR.
[x] OWNER’S & CONTRACTOR’S PROT.

GENERAL AGGREGATE $2,000,000
PRODUCTS COMP/OP AGG. $2,000,000
PERSONAL & ADV. INJURY $2,000,000
EACH OCCURRENCE $2,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $

AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY

COMBINED SINGLE
$1,000,000
LIMIT
BODILY INJURY $
(Per person)
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM

EACH OCCURRENCE $

AGGREGATE $

WORKERS’ COMPENSATION
AND
EMPLOYERS’ LIABILITY

STATUTORY LIMITS
EACH ACCIDENT $1,000,000
DISEASE-POLICY LIMIT $1,000,000
DISEASE-EACH EMPLOYEE $1,000,000

OTHER
Errors and omissions insurance or malpractice insurance available for the insured’s profession; if architectural, engineering or electrical work will be performed under the Contract

Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant

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

CERTIFICATE HOLDER

CITY OF OXNARD
Attn: Insurance Compliance
Reference No A-8443
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE

CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FA ILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.

AUTHORIZED REPRESENTATIVE
Rev. 2/22 INS-G.doc
87 GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the ACity@)

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 to
coverage.  Per Occurrence  Per Claim (which)

NAMED INSURED

APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here  in which case only the following specific 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 Made
Retroactive Date

 Occurrence

OTHER PROVISIONS

COVERAGES

LIABILITY LIMITS IN THOUSANDS $

EACH OCCURRENCE

AGGREGATE

 GENERAL
 PRODUCTS/COMPLETED OPERATIONS
 PERSONAL & ADVERTISING INJURY
 FIRE DAMAGE



CLAIMS: Underwriter=s representative for claims pursuant to this insurance.

Name:

Address:

Telephone: ( )

1. INSURED. The City, its officers, agents, employees and volunteers are in cluded as insureds with regard to liability and defense of sui ts arising from the operations, products and activities performed by or on behalf of the named insured. 2 CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary ins urance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage 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 of this insurance and shall not contribute with it. 3 SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company=s limits of liability. The inclusion 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 interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City. 5 PROVISIONS REGARDING THE INSURED=S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers. 6 SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:

2.1 Insurance Services Office Commercial General Liability Coverage, Aoccurrence@ form CG0001; or

2.2 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 t he limits, conditions, agreements or excl usions of the policy to which this endorsement is attached.

ENDORSEMENT HOLDER

CITY OF OXNARD
Attn: Insurance Compliance
Reference No._A-8443
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007

AUTHORIZED REPRESENTATIVE
 Broker/Agent  Underwriter 

I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.

Signature
(original signature required)

Telephone: ( ) Date Signed

Rev. 2/22 INS-G.doc
88 AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the ACity@)

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 to
coverage.  Per Occurrence  Per Claim (which)

NAMED INSURED

APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here  in which case only 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 pursuant to this insurance.

Name:

Address:

Telephone: ( )

$ per accident, for bodily injury and property damage.

In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1 INSURED. The City, its officers, agents, volunteers and employees are in cluded as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the Ci ty, the insurance afforded by th is policy shall be primary insurance as respects the Ci ty, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage 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 of this insurance and shall not contribute with it. 3 SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company=s limits of liability. The inclusion 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 interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City. 5 PROVISIONS REGARDING THE INSURED=S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers. 6 SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:

2.1 Insurance Services Office Automobile Liability Coverage, Aoccurrence” form CA0001, code (Aany auto@); or

2.2 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 OXNARD
Attn: Insurance Compliance
Reference No A-8443
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007

AUTHORIZED REPRESENTATIVE
 Broker/Agent  Underwriter 
I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.

Signature
(original signature required)
Telephone: ( ) Date Signed
89 Bond No. __________

PAYMENT BOND
(LABOR AND MATERIALS)

KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Oxnard (“Agency”), State of California, has awarded to

( “ P r i n c i p a l ” )
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as On-Call Electrical Repair, Maintenance and Replacement Services Project Specification No. PW 22-69 (the “Project”).

WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of any Work, to file a good and sufficient Bond with the Agency to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

NOW, THEREFORE, we, the undersigned Principal, and

(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, and our heirs, assignees, successors, executors and administrators are held and firmly bound, jointly and severally, unto the Agency and all Contractors, Subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and any Task related to the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of
Dollars ($ ), this amount being not less than a hundred percent (100%) of the total not to exceed Contract Price, in lawful money of the United States of America, for materials furnished or labor thereon of any kind, or fo r amounts due under the Unemployment Insurance Act with respect to this Work or labor that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

The Project shall be considered “accepted” for the purposes of triggering Bond deadlines at the Contractor’s final completion of all Tasks, the City’s acceptance of all Tasks, and the end of the Contract Term, whichever occurs last. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any 90 of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, including all incorporated documents, shall in any manner affect its obligations on this Bond. The Surety hereby waives notice of any such change, extension, alteration, or addition. Additionally, the Surety hereby waives California Civil Code Sections 2845 and 2849 as well as any statutes of limitation, statutes of repose and laches as they may apply to an action on this Bond.

Dated:

“Principal”

By:

Its: __________________________

By:

Its: __________________________

(Seal)

“Surety”

By:

Its: __________________________

By:

Its: __________________________

(Seal)

Note: This Bond must be executed in duplicate and dat ed, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in-fact must be attached. The date of the Bond must not be before the Contract’s Effective Date. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California.

Bond No. __________
91 PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Oxnard (“Agency”), has awarded to _______

WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and

,
(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Agency in the penal sum of D o l l a r s ( $ ) , t h i s
amount being not less than a hundred percent (100%) of the total not to exceed Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, assigns, successors, executors and administrators, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS S UCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided for all Tasks, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Agency, its officers, agents and employees, as therein stipulated, within the Contract Term, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, including all incorporated documents, or of the Work to be performed under any Task Order shall in any way affect the Surety’s obligations under this Bond. The Surety hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work in any Task Order. Surety hereby waives California Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto. 92 IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

D a t e d :

“Principal”

By:

Its: __________________________

By:

Its: __________________________

(Seal)

“Surety”

By:

Its: _________________________

By:

Its: _________________________

(Seal)

Note: This Bond must be executed in duplicate and dat ed, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. The date of Bond must not be before the Contract’s Effective Date. Surety companies executing Bonds must appear on the Treasury Department’s most current lis t (Circular 570 as amended) and be authorized to transact business in the State of California.

93 EXHIBIT A
94 95
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97 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.3

DATE: April 5, 2022

TO: City Council

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

SUBJECT: Urban Greening Program Grant Application Resolution.

RECOMMENDATION

That the City Council:

BACKGROUND

In 2021, SB 170 allocated $50 million to the California Natural Resources Agency for its Urban Greening Program for projects that reduce greenhouse gas (GHG) emissions and provide multiple benefits. The Urban Greening Program will fund projects that reduce GHG while also transforming the built environment into places that are more sustainable, enjoyable, and effective in creating healthy and vibrant communities. These projects will establish and enhance parks and open space by using natural solutions to improve air and water quality and reduce energy consumption, and create more walkable and bike-able trails.

In FY 2022, the grant will be very competitive, with only approximately $47.5 million available for urban greening projects statewide. The State anticipates one funding cycle. There are no maximum or minimum grant amounts. Statutory priorities of the program include: providing park or recreational benefits to a critically underserved community or disadvantaged community; the project being proposed by a critically underserved community or disadvantaged community; and developing partnerships with local community organizations and businesses in order to strengthen outreach to disadvantaged communities, providing access to quality jobs for residents of disadvantaged communities, or provides access to workforce education and training.

Eligible Urban Greening projects will reduce GHG emissions, mitigate the effects of extreme heat, and provide multiple additional benefits, including, but not limited to, a decrease in air and water pollution or a reduction in the consumption of natural resources and energy.

DISCUSSION
Upon the grant program’s announcement, staff discussed options for the project to be proposed by the City. Funding Phase II of Campus Park, the Campus Park Central Oxnard Greening Project, was determined to be the best fit for both the grant program and the City’s needs.

A master plan of Campus Park is currently in design by MIG, Inc. MIG has led a community-driven design process that 98 has developed a conceptual-level design for the park, including a Phase I and a Phase II. Community engagement events have informed this design, including a series of public workshops, and presentations at the February 2022 Parks, Recreation, and Community Services Commission meeting. Phase I is funded for construction, which is anticipated to begin in 2022. Phase II is in need of funding, and the Urban Greening grant program is a good fit to potentially fund the Phase II elements.

Phase II is planned to include additional landscaping, “cultural garden” areas and orchards, meadow landscaping and berms, a restroom, additional trails, an entrance at the southeast corner of the park, and an airplane viewing mound. The proposed elements of Phase II also include moving the existing dog park to an improved location in the park with trees and landscaping. The existing location of the dog park and the surrounding area would be transformed into a landscaped area that would serve as one of the parks’ main entrances, with an entry plaza and garden. If the grant is awarded, additional design details will be developed through a community workshop process. Please refer to Attachment 2 to review the emerging concepts for Phase I and Phase II. The Phase II elements are located where the gaps are shown in the Phase I concept, and are labeled in the master plan concept.

The grant application was due March 28, 2022 and was submitted by that date. If the grant is awarded, the project must be completed by December 2025.

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 services 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.

FINANCIAL IMPACT

At the time of report writing, the cost for the Campus Park Central Oxnard Greening Project is estimated to be no more than $7,000,000, which this grant will cover. There is no City match required for this grant. Ongoing maintenance funding would need to be considered starting in Fiscal Year 2025-26 and subsequent fiscal years after construction is finalized and if the grant is awarded. Annual operations and maintenance cost increases are estimated at $240,000 if the project is awarded and constructed.

COMMITTEE OUTCOME

Due to the short timeline given for the grant application process, this item did not originate in Committee.

Prepared by: Eric Humel, Grants Specialist, Steve Howlett, Assistant Public Works Director

ATTACHMENTS

1. Resolution

2. Emerging Concept for Phase I and Phase II
99 Resolution No: _______________________

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD

APPROVING THE APPLICATION FOR GRANT FUNDS FOR

URBAN GREENING PROGRAM
WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; and
WHEREAS, the California Natural Resources Agency has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, said procedures established by the California Natural Resources Agency require a resolution certifying the approval of application by the Applicants governing board before submission of said application to the State; and
WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the Project
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oxnard

1. Approves the filing of an application for the Campus Park Central Oxnard Greening Project; and

2. Certifies that applicant understands the assurances and certification in the application; and

3. Certifies that applicant or title holder will have sufficient funds to operate and maintain the project consistent with the land tenure requirements; or will secure the resources to do so; and

4. Certifies that it will comply with the provisions of Section 1771.5 of the State Labor Code; and

5. If applicable, certifies that the project will comply with any laws and regulations including, but not limited to, legal requirements for building codes, health and safety codes, disabled access laws, environmental laws and, that prior to commencement of construction, all applicable permits will have been obtained; and

6. Certifies that applicant will work towards the Governor’s State Planning Priorities intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety as included in Government Code Section 65041.1; and

7. Appoints the City Manager, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project.
100
THE FOREGOING RESOLUTION NUMBER____________ WAS DULY PASSED AND ADOPTED THIS _____ day of ______________, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
______________________________
John C. Zaragoza, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ ______________________________ Rose Chaparro, City Clerk Stephen M. Fischer, City Attorney 101
Emerging Concept / Phase 1 Site Plan Emerging Concept / Master Site Plan (Phase 2 elements are labeled in white text below)
meadow
viewing
moundlandscape viewing
berm
meadow
berm
meadow
meadow
dog park
cultural
garden
cultural
garden
entrance
parking
restroom
102

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.4

DATE: April 5, 2022

TO: City Council

FROM: Vyto Adomaitis, Community Development Director, (805) 385-7882, [email protected]

RECOMMENDATION

That the City Council adopt the following Ordinances:

3. Ordinance No. 3011 An Ordinance of the City Council of the City of Oxnard approving Planning and Zoning Permit No. 20-670-03 (Second Amendment to Development Agreement No. A-7113) for the Fore Property, subject to certain findings.
(This item originated from a Public Hearing at the City Council meeting of March 15, 2022, and was previously heard by the Planning Commission; therefore, this item did not originate in Committee.)

BACKGROUND

On March 15, 2022, a public hearing was held to consider the adoption of Ordinance Nos. 3009, 3010, and 3011. At the hearing the City Council was presented with one recommendation containing three options. Following a public hearing, the City Council gave direction to move forward with Option 1, which allowed residential development in Districts B, C, and D of the RiverPark Specific Plan totaling a maximum of 1,025 additional units, and to modify both the RiverPark and Fore Property Development Agreements, without the requirement of a Project Labor Agreement but to include the following local hire provision within the RiverPark and Fore Property Development Agreements:

In order to promote and maximize the employment of City of Oxnard and Ventura County residents on the Project, Owner, to the extent allowed by law, commits to make a good faith effort to achieve a goal of at least 35% of subcontractors performing Project work be primarily located in Ventura County.

Both of the applicants, Ann Walsh of Shea Properties and Jonathan K. Cornelius of Fore Property (collectively referred to as the “Applicant” or “Developer”) agreed to add the amended language to the RiverPark and Fore Property Development Agreements, respectively.
103
The City Council then voted to certify an Addendum to FEIR No. 00-03 and introduce the Ordinances, as amended, with a vote of 6-1 for first reading by title only, waiving further reading. If adopted by Council on April 5, 2022, the ordinances will take effect thirty days thereafter.

STRATEGIC PRIORITIES

This agenda item supports Economic Development strategy. The purpose of Economic Development strategy is to focus on the retention and expansion of Oxnard businesses by increasing the skills and employability of our local workforce, invite new business investments, and target site-based redevelopment opportunities.

FINANCIAL IMPACT

The proposed RiverPark Development Agreement Amendment (RPDAA) and Fore Development Agreement Amendment (FPDAA) will lock the development impact fees to pre-May 2020 rates, offset the fee increases in the form of fee credits, or allow for alternative calculations based on actual impacts.

Examples of public benefit improvements that have occurred include additional affordable housing, public parks in excess of requirements, bike paths throughout the development, and additional taxes collected by the City and to be spent at the City Council’s sole discretion. All the above listed physical improvements will be constructed by the Developer prior to final buildout of the project.

In fiscal year 2020-21, the Collection generated $1,467,278 in sales taxes. The RPSPA provides for additional residential units without reducing the existing size of the Collection. As additional residential units would be added to RiverPark, it is assumed the residents will shop at the Collection and increase annual sales taxes collected by the City.

COMMITTEE OUTCOME

This is a Public Hearing and was reviewed by the Commission, therefore this item did not originate in Committee.

Prepared by: Joe Pearson II, Senior Planner

ATTACHMENTS

1. March 15, 2022 City Council Staff Report (w/o attachments)

2. City Council Ordinance No. 3009 - PZ 20-630-01 - RiverPark Specific Plan Amendment

3. City Council Ordinance No. 3010 - PZ 20-670-04 - RiverPark Development Agreement Amendment

4. City Council Ordinance No. 3011 - PZ 20-670-03 - Fore Property Development Agreement Amendment 104

CITY COUNCIL AGENDA REPORT

PUBLIC HEARINGS
AGENDA ITEM NO. M.2

DATE: March 15, 2022

TO: City Coucil

FROM: Vyto Adomaitis, Community Development Director, (805) 385-7882, [email protected]

SUBJECT: RiverPark Specific Plan Amendment & RiverPark and Fore Property Development Agreement Amendments; Located in The RiverPark Specific Plan area generally located North of the Ventura Freeway (Highway 101), west of East Vineyard Avenue, east of the Santa Clara River, and south of Central Avenue (RiverPark) and 2700 and 2750 North Ventura Road (APN 132-0-100-095 & 132-0-100- 085) (Fore Property). (10/20/30)

RECOMMENDATION

That the City Council:

1. Conduct a public hearing, and
Take the actions identified under one of the three following options:

Option 1 – Applicants’ Original Request/Staff’s Recommended Action – Allowing residential development in Districts B, C, and D of the RiverPark Specific Plan totaling a maximum of 1,025 additional units. No Project Labor Agreement would be required by the City for future residential development in these Districts:
a. Certify an Addendum to FEIR No. 00-03; and
b. Introduce an Ordinance (by title only, waiving further reading) approving Planning and Zoning Permit No. 20-630-01 (Specific Plan Amendment No. 7 to The RiverPark Specific Plan) for map and text amendments to The RiverPark Specific Plan , subject to certain findings; and c. Introduce an Ordinance (by title only, waiving further reading) approving Planning and Zoning Permit No. 20-670-04 (Sixth Amendment to Development Agreement No. A-6128) for The RiverPark Property, subject to certain findings; and
d. Introduce an Ordinance (by title only, waiving further reading) approving Planning and Zoning Permit No. 20-670-03 (Second Amendment to Development Agreement No. A-7113) for the Fore Property, subject to certain findings.

Option 2 – Reduced Specific Plan Amendment Alternative – Allowing residential development in Districts B and C of the RiverPark Specific Plan totaling a maximum of 613 additional units. No Project Labor Agreement would be required by the City for future residential development in these Districts:
105
a. Certify an Addendum to FEIR No. 00-03; and
b. Introduce an Ordinance (by title only, waiving further reading) approving Planning and Zoning Permit No. 20-630-01 (Specific Plan Amendment No. 7 to The RiverPark Specific Plan) for map and text amendments to The RiverPark Specific Plan, subject to certain findings; and c. Introduce an Ordinance (by title only, waiving further reading) approving Planning and Zoning Permit No. 20-670-04 (Sixth Amendment to Development Agreement No. A-6128) for The RiverPark Property, subject to certain findings; and
d. Introduce an Ordinance (by title only, waiving further reading) approving Planning and Zoning Permit No. 20-670-03 (Second Amendment to Development Agreement No. A-7113) for the Fore Property, subject to certain findings.

Option 3 – Planning Commission Recommendation – Allowing residential development in Districts B and C of the RiverPark Specific Plan totaling a maximum of 613 additional units, subject to the Applicants first entering into Project Labor Agreements:
a. Provide direction to City staff to negotiate new language in both the Fore Property Development Agreement Planning and Zoning Permit No. 20-670-03 (Second Amendment to Development Agreement No. A-7113) and the RiverPark Development Agreement Amendment Planning and Zoning Permit No. 20-670-04 (Sixth Amendment to Development Agreement No. A-6128) that requires the Applicants to enter into Project Labor Agreements for their respective properties prior to the issuance of building permits within District B and District C, and continue the item to a date uncertain for consideration of the Development Agreement Amendments, Specific Plan Amendment, and certify an environmental document.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/XPUeFTl6qUo

BACKGROUND

EXECUTIVE SUMMARY:

The current adopted RiverPark Specific Plan (RPSP) allows for a total of 3,043 dwelling units and 2,098,000 square feet of commercial development. The Project request would allow for a total of 4,068 dwelling units, but reduce the allowed commercial development to 1,536,000 square feet. This is an increase of up to 1,025 residential units under the RPSP, in exchange for a reduction of up to approximately 562,457 square feet of non- residential development. It is important to note that the RPSP is not built out; meaning there are additional dwelling units (40 units) and commercial square footage (650,658 square feet) allowed with the approval of a Development Design Review Permit, which is under the Community Development Director’s authority and does not require additional environmental review.

The request before the City Council only sets the standards to which future development proposals will be held.

Staff would also like to clarify that this Project is not allowing additional development; the RiverPark Specific Plan Amendment (RPSPA) only allows for an alternative type of development (Residential instead of Commercial). The current RPSPA is not proposing to alter the current commercial parking requirements for the Collection, so any parking removed will be required to be replaced in compliance with the current parking regulations.

To effectuate this change in land uses, the Project includes: a Specific Plan Amendment (SPA) to make text and map amendments to the RPSP to introduce a new high density land use designation within Planning Districts B, 106
C, and D (Residential: Very High (30-80 units/acre)); create a new development type (Apartments - Urban); revise planning area boundaries; update the Land Use Table; and update exhibits for consistency with proposed changes. The new land use designation would be applied in combination with the existing Commercial Regional land use.

The Applicants’ (hereafter “Applicant” or “Developer”) request also included a request for a Development Agreement Amendment (DAA) to both the RiverPark Development Agreement (RPDA), for Districts C and D, and Fore Property Development Agreement (FPDA), for District B, to allow for time extensions, impact fee modifications, and define future affordable housing requirements. The DAAs will provide development and financial certainty to support continued development, and are in alignment with direction provided by the City Council at their May 19, 2020 hearing regarding Development Impact Fees (DIFs). At the December 16, 2021 Planning Commission (Commission) meeting, staff recommended approval of the Project as described above. In the Commission Action section below you will find additional details about the December 16, 2021 and January 13, 2022 actions, which in summary removed housing from District D (413) units and added the requirement to enter into Project Labor Agreements (PLA) as part of the FPDAA and RPDAA.

Staff continues to recommend the Applicants’ original request based upon: prior direction provided by the City Council with the adoption of the latest Housing Element, which specifically identifies the District B, C, and D locations as future potential housing sites; consistency with the general plan and zoning; and the environmental review. Also, since the last Commission hearing, the Applicant provided an illustrative concept plan showing a potential development option in District D (Attachment 8). This provides clarity on how the potential development would address parking concerns that were raised at the Commission hearings. It also clarifies that the new high density housing and parking to serve the new housing could not be developed in place of the existing commercial development within the Collection. Specifically, this includes studying how future projects could be developed to preserve park space and provide replacement parking to ensure the Collection maintains its required levels of parking. It is important to note that request before the City only sets the standards which future development proposals will be held. Any development proposed under the RPSP would be required to comply with RPSP requirements and secure a Development Design Review (DDR) Permit through a public hearing process.

In summary, at this public hearing, the City Council has the option to move forward with: (1) the RPSPA ordinance with or without the inclusion of the housing (412 units) identified for District D; and (2) both the FPDAA (PZ 20-670-03) and RPDAA (PZ 20-670-04) without the PLA requirement. Should the City Council choose to take another action other than those identified (including requiring a PLA), the City Council can direct staff to return at a future public hearing with revised approval documents incorporating the direction provided.

For the benefit of the City Council, this staff report provides: 1) background the the RPSP; 2) a summary of the Commission hearings; 3) summaries of each application request and associated environmental review; 4) A brief discussion of PLAs; and 5) a discussion of the request for housing in District D.

BACKGROUND:

RiverPark SPA and DAA (PZ 20-630-01 and PZ 20-670-04)
In September 2002, the City Council approved the entitlement permits for the RPSP to guide future development on the 702-acre project site. The original RPSP allowed for the phased development of 2,805 dwelling units and 2,485,000 square feet of commercial development. The original RPSP was developed following the design principles of the New Urbanism and Smart Growth movements, which emphasizes the importance of mixed land uses in close proximity, communities scaled for pedestrian walkability; limiting the need for automobile usage; higher density development, and the importance of physical design. Several subsequent approvals and amendments have taken place since the original 2002 approval. 107
On September 10, 2002, the City Council adopted Ordinance No. 2605, approving Planning and Zoning Permit No. 01-5-46 (Development Agreement No. A-6128) between the owners of the RiverPark Project and the City of Oxnard. The RPSP has been amended on six occasions and the RPDA has been amended on five previous occasions. Details of those approvals can be found in the attached RPSP and RPDAA Commission staff materials (Attachment 1).

Fore Property DAA (PZ 20-670-03)
On November 18, 2008, the City Council adopted Ordinance No. 2787, approving Planning and Zoning Permit No. 08-670-03 (Development Agreement No. A-7113) between the owners of the Fore Project site and the City of Oxnard. The FPDA has been amended on one previous occasion. The previous amendment, adopted November 9, 2010, related to development fees within the Fore Property area. Details of those approvals can be found in the attached FPDAA Commission staff materials (Attachment 2) and select attachments have been retained (Maps, General Plan Consistency Chart, Staff Presentation).

PLANNING COMMISSION ACTIONS
RiverPark SPA and DAA (PZ 20-630-01 and PZ 20-670-04)
During the Commission’s public hearing on December 16, 2021, Commissioners asked a series of questions as a result of staff’s and the Applicant team’s presentations. Eleven public comment letters/emails were received prior to the meeting and verbal comments were provided during the public comment period on RPSPA (PZ 20- 630-01) and RPDAA (PZ 20-670-04). The questions and comments were generally in regards to the traffic, parking, fee request, density, affordable housing, decline of retail, and PLAs. Following Commission deliberation, a motion was made and seconded to remove potential residential development within District D from the RPSPA request and continue the project to a date certain of January 13, 2022, at which time the Commision was expected to ratify the directed action since the necessary Resolution was not available. This motion carried 5 (in favor) - 2 (against).

At the Commission’s public hearing on January 13, 2022, nine public comment letters/emails were received prior to the meeting and verbal comments were provided during the public comment period on RPSPA (PZ 20-630- 01) and RPDAA (PZ 20-670-04). The comments were generally against the project, noting potential environmental impacts, too much density, and requesting the project include a PLA. Following Commission deliberations, a motion was made and seconded to adopt a Resolution recommending City Council approval of the RPSPA with the removal of the Residential: Very High land use from District D of the RPSPA. The motion was amended to also include the adoption of a Resolution recommending City Council approval of the Sixth Amendment to Development Agreement No. A-6128 with the requirement of a PLA as part of the RPDAA and certification of an Addendum to FEIR No. 00-03. This motion carried 7 (in favor) - 0 (against). The final motion which included the RPSPA without District D and the recommendation for the PLA carried 4 (in favor) - 3 (against).

The Commission recommended approval of the RPSPA to City Council without the Residential: Very High land use designation in District D would remove 412 units associated with District D, and maintain the potential commercial allowed in District D (Attachment 5). In response to this, the Applicant team prepared a modified version of the RPSP Text and Map Amendments consistent with Commission’s recommendation (Attachment 5:

Exhibit 1). The Commission’s recommended action would still result in the new high density land use designation being applied in combination with the existing Commercial: Regional land use in District B and C, only. With the change, the RPSPA would allow for the development of up to 613 additional residential units under the RPSP, in exchange for a reduction of up to approximately 336,377 square feet of non-residential development potential in accordance with specified development scenarios, as identified below in Table 1.

Table 1

108

Residential Option Development Scenarios

Scenario
Additional Residential
Units
Reduction in Commercial
Development
Districts B & C 613 -336,377
District B 333 -182,730
District C 280 -153,647
Fore Property DAA (PZ 20-670-03)
During the Commission’s public hearing on December 16, 2021, Commissioners asked a series of questions as a result of presentations by Staff and the Applicant team. Eleven public comment letters/emails were received prior to the meeting and one verbal comment was provided during the public comment period on FPDAA (PZ 20-670-03). The questions and comments were generally in regards to supporting affordable housing and questions about PLAs. Following Commission deliberation a motion was made and seconded recommending City Council approval of the Second Amendment to Development Agreement No. A-7113 with the requirement of a PLA and certification of an Addendum to FEIR No. 00-03. This motion carried 7 (in favor) - 0 (against).

PROJECT REQUESTS:

The Applicant’s original request sought City Council approval of the following four requests (RPSPA, RPDAA, FPDAA and an Addendum to the RPSP Environmental Impact Report):

1. RiverPark Specific Plan Amendments No. 7
A request for a SPA to make text and map amendments to the RPSP (RPSP) (Attachment 4) to introduce a new high density land use designation within Planning Districts B, C, and D (Residential: Very High (30-80 units/acre)) as identified below in the RPSP Figure 2.B; create a new development type (Apartments - Urban); revise planning area boundaries; update the Land Use Table; and update exhibits for consistency with proposed changes. The new land use designation will be applied in combination with the existing Commercial: Regional land use. The RPSPA would allow for the development of up to 1,025 additional residential units under the RPSP, in exchange for a reduction of up to approximately 562,457 square feet of non-residential development potential in accordance with specified development scenarios, as identified below in Table 2.

Notes: Absent this request the RPSP can develop an additional 650,658 square feet of commercial and 40 dwelling units. This request would not result in the removal of any existing commercial development within the Collection and any future development would be required to meet the parking standards of the RPSP, including providing replacement parking.

RiverPark Specific Plan Figure 2.B
109

Table 2

110
Residential Option Development Scenarios

Scenario Additional Residential Units Reduction in Commercial Development Districts B, C & D 1,025 -562,457
Districts B & C 613 -336,377
Districts C & D 692 -379,727
Districts B & D 745 -408,810
District Ba 333 -182,730
District Cb 280 -153,647
District Dc 412 -226,080

1. RiverPark Development Agreement Amendment No. 6
The Applicant is requesting modifications to ten sections of RPDA No. A-6128 and the Subsequent DAAs.

At the City Council’s public hearing on May 19, 2020, concerning Development Impact Fees, the Council directed staff to work with Developers who were currently in long term active development with consideration that proformas and financial development assumptions had been established for specific projects. In response, the Developer is requesting a fee lock and waiver of new fee increases approved by the City Council on May 19, 2020. The Developer would also receive fee credits for improvement costs associated with construction of bicycle and pedestrian facilities and art provided in the Collection. The proposed RPDAA would be the sixth Amendment to RPDA A-6128.

The following is a summary of RPDAA requests. A discussion on each item is provided in Section 6(h) of the Commission staff report and the RPDAA text is provided in Attachments A and F, respectively.

1. Extend term of DA for a period of five (5) years to October 10, 2027.

2. Set applicable impact fees at the rates effective September 24, 2018, for the term of the agreement, except as otherwise modified.

3. Recognize existing waiver of storm drain fees.

4. Recognize existing credit to Quimby Fee Credit and provide waiver for future Quimby and Park- related Fees.

5. Recognize existing waiver of sewer fees for commercial development and provide credit toward proposed residential.

6. Recognize existing credit and set Growth Fees at the rates effective September 24, 2018, for the term of the agreement.

7. Set the Traffic Impact Fee at the rate in effect September 24, 2018, for the term of the agreement.

8. Adjust Mobility Fee based on proposed development populations and provide credit toward new Mobility Fee, based on credit for existing bicycle and pedestrian facilities constructed as part of the buildout of the RPSP.

9. Provide credit toward Public Art Fee for existing art in the Collection.

10. Set a 15% affordable housing requirement for additional residential units.

Staff recommends approval of the DAA as drafted. The Planning Commision recommended approval of the DAA, with the addition of a Project Labor Agreement. 111

2. Fore Property Development Agreement Amendment No. 2 The proposed FPDAA would be the second Amendment to FPDA A-7113. For the Second FPDAA, the Applicant is requesting modifications to ten sections of FPDA No. A-7113. Similar to the RPDAA, the Developer is requesting a fee lock and waiver of new fee increases approved by the City Council on May 19, 2020. The Developer would receive fee credits for improvement costs associated with construction of bicycle and pedestrian facilities. The FPDAA would provide the Developer with the option to provide public art onsite equivalent to the value of the public art fees for future development. The following is a summary of FPDAA requests. A discussion on each item is provided in Section 6(d) of this Commission staff report and the FPDAA text is provided in Attachments B and G, respectively.

1. Extend the term of DA for a period of approximately five and a half (5.5) years to July 1, 2028.

2. Set applicable impact fees at the rates effective September 24, 2018, for the term of the agreement, except as otherwise modified.

3. Waive future Quimby and Park-related Fees.

4. Adjust Growth Fee based on proposed development populations.

5. Set the Traffic Impact Fee at the rate in effect September 24, 2018, for the term of the agreement.

6. Set the Drainage Impact Fee at the rate in effect September 24, 2018, for the term of the agreement.

7. Adjust Mobility Fee based on proposed development populations and provide credit toward new Mobility Fee, based on credit for existing bicycle and pedestrian facilities constructed as part of the buildout of the RPSP.

8. Allow for the payment of public art fees or the provision of public art onsite.

9. Set affordable housing requirements for additional units.

10. Maintenance Agreement for Access Road with Caltrans.

Staff recommends approval of the DAA as drafted. The Planning Commision recommended approval of the DAA, with the addition of a PLA.

3. Environmental Determination
In accordance with the California Environmental Quality Act (CEQA), on July 16, 2002, the City Council certified FEIR No. 00-03 for the RPSP (State Clearinghouse No. 2000051046) and adopted a Statement of Overriding Considerations. The FEIR No. 00-03 found four areas of significant impacts (Earth Resources-Mineral Resources, Water Quality, Agricultural Resources, and Cultural Resources-Historical Resources).

The Project was reviewed under an Addendum to FEIR No. 00-03, and subsequent addenda, for the RPSP (Attachment 3). The addendum evaluated each of the residential option development scenarios proposed with the RPSP Amendment No. 7 (PZ 20-630-01). The evaluation determined that none of the scenarios would result in a substantial increase in severity of significant environmental impacts previously analyzed in the certified EIR and the scenarios would not result in any new significant impacts. The Addendum included the RPDAA updates to the RPDA and the FPDAA updates to the FPDA to reflect the changes proposed in the RPSP, along with fee adjustments.

Addendum No. 15 used the City of Oxnard CEQA Thresholds and California recommended thresholds to determine if an environmental impact was large enough to be considered significant. No additional significant impacts were identified in Addendum No. 15 prepared for these requests, nor would the requests substantially increase the severity of previously anticipated significant impacts. Lastly, the original mitigations will remain applicable. These mitigations will be applicable to any future projects developed under the RPSP, RPDA and FPDA. The Commission and staff have determined that there is no substantial evidence that the Project would result in new or substantially more severe impacts than those identified in FEIR No. 00-03. Pursuant to CEQA Guidelines §15164, the Council shall consider 112
Addendum No. 15 with FEIR No. 00-03 and all subsequent addendums prior to making recommendations on these requests.

General Plan & Housing Element Consistency
The City’s 2030 General Plan land use designation for the subject site is Commercial Regional (CR) with corresponding land use designations to support development of the approved RPSP. The Applicant proposed and the Commission recommended SPAs and foreseeable development under either Options are consistent with the 2030 General Plan and the property’s land use designations. Since the original approval of the RPSP, the City adopted the 2030 General Plan, including the 2021-2029 Housing Element in October 2021.

The Districts in the RPSP Area that would be modified with the proposed RPSPA are designated CR on the 2030 General Plan Land Use Map. This designation allows major multitenant shopping centers that may include offices, hotels, and other services. Residential, live/work, work/live, and mixed uses are strongly encouraged in these areas.

The adopted RPSP is consistent with the CR land use designation and Urban Village policies as the commercial districts as defined in the RPSP currently allow a mix of commercial and residential uses. The proposed SPA would allow for a change to the residential and commercial uses in RiverPark by decreasing the amount of commercial development and increasing the amount of multifamily residential development permitted in the mixed-use commercial districts in RiverPark. Currently there are 650,658 square feet of remaining commercial uses to be built under the adopted RPSP. Option 1, the Applicant’s Original Requested RPSPA provides an option to allow approximately 88,000 square feet of commercial uses to be constructed and an additional 1,025 residential units. Option 2, the Reduced Specific Plan Amendment Alternative, without the additional housing proposed in District D, the RPSPA would still allow approximately 314,080 square feet of commercial uses to be constructed and an additional 613 residential units. As such, either Option 1 or Option 2 would increase the residential population in RiverPark, which would use and support the existing and planned retail commercial development in the Specific Plan Area.

The proposed DAAs renegotiate fees and development timing between the Developer and the City, and does not conflict with General Plan land use, goals and policies. The proposed requests have been determined to be consistent with the General Plan and the property’s land use designation. Further details on the project’s consistency review with General Plan policies can be found in the Commission’s materials (Attachment 1 and 2).

The units proposed with this Project play a key role in the City’s compliance with the most recent Regional Housing Needs Allocation (RHNA). As detailed in the recently adopted 2021-2029 Housing Element, the City’s most recent RHNA was 8,549 units. The sites to accommodate this new RHNA allocation are identified in the new Housing Element and are generally distributed throughout the City. The proposed housing in District D, as well as the other housing locations in Districts B and C, were identified in the City’s recently adopted Housing Element. Together they are an important component of meeting the City’s RHNA allocation. The Housing Element identifies a capacity of 9,427 units, as being available to meet the most recent allocation of 8,549 units.

This identified capacity includes the 1,025 units proposed with the Applicant's request identified as part of these requests. The loss of one of these sites would significantly reduce the current housing buffer. In the future, should other projects not be approved or if they are approved at lower densities than are provided in the Housing Element, the identified capacity could fall below the current RHNA allocation of 8,549 units. If that occurs, the City would be required to identify alternative housing sites within six months.

The process of identifying housing sites is a deliberative process, which takes into account many factors. Aside from feasibility, the most important factor is location. As it is anticipated that much of the future housing development will be higher density development, it is important to locate these future housing sites near both services and jobs, as well as transit and other amenities such as parks. Due to their proximity to the Collection, adjacent business parks, Highway 101, and the substantial parks included within RiverPark, this location was seen as ideal candidates for the additional housing. Also, as further discussed in the General Plan Conformity 113
section, RiverPark is within a designated Urban Village, which is intended for more compact development and a mix of densities and land uses. For these reasons, staff continues to support the inclusion of the units proposed for District D, as originally proposed by the Applicant.

Zoning Code Consistency
The proposed RPSPA would include adjustments to the amount of commercial and residential development in Planning Districts with the residential options chosen.

With Option 1, the Applicant’s Original Requested RPSPA, the total amount of commercial development allowed would be reduced by up to 562,457 square feet to 1,536,000 square feet and the maximum number of dwelling units would be increased by 1,025 units to 4,068 units.

With Option 2, the Reduced Specific Plan Amendment Alternative, the removal of the potential residential development in District D, as recommended by the Commission, the total amount of commercial development allowed would be reduced by up to 336,377 square feet to 1,761,623 square feet and the maximum number of dwelling units would be increased by 613 units to 3,656 units.

The RPSPA would introduce a new high density land use designation (Residential: Very High: 30-80 units/acre) to identify where this new residential use could be located and creates a new development type (Apartments - Urban) which sets design and operational standards for future residential development.

With Option 1, the Applicant’s Original Requested RPSPA, the land use would be applied to Districts B, C, and D.

With Option 2, the Reduced Specific Plan Amendment Alternative, as recommended by the Commission, the new land use would only be applied to Districts B and C.

The potential future development within the RPSP is not part of this discretionary approval request. Future development within the RPSP will continue to be subject to review under a Design Development Review (DDR) Permit, and will be required to comply with the RPSP development standards and all mitigation measures identified in FEIR and subsequent addendums. The proposed DAAs do not propose revisions to zoning development standards. The revision, as further detailed in the Commission materials (Attachment 1 & 2), would not conflict with existing or amended development standards within the OCC or the RPSP. This analysis would apply to the RPSPA and DAAs.

Project Labor Agreements
As noted above, for both the RPDAA and FPDAA, the Commission recommended that the DAAs include the requirement that the property owner enter into a PLA before any residential development on the subject properties proceed. In the vote, the Commission voted 4-3 to recommend this requirement to the City Council as part of the RPSP action and unanimously for the FPDAA.

A PLA, also known as a Community Workforce Agreement, is a collective bargaining agreement executed prior to the beginning of a construction project or group of construction projects. PLAs are typically used for larger and more complex projects and, by their terms, (1) necessitate worker representation by local labor unions determined per trade on the covered projects; and (2) set forth basic terms and conditions of employment applicable to contractors. PLAs are typically negotiated between the project owner and the local building trades council and/or individual construction trade unions. PLAs typically require workers to have membership in certain trade unions, at least for the time relevant to the project. By requiring adherence to various union collective bargaining agreements, PLAs also specify establishment of: 1) uniform work conditions; 2) hiring procedures; 3) wages and benefits; 4) management rights; 5) labor dispute; 6) procedures to prevent work stoppages; and 7) agreement to adhere to existing Master Labor Agreements (MLAs) for the trades subject to the PLA. It is 114
important to note that a PLA does not always require the use of local labor, however it may be required as an element of a PLA.

The requirement for a PLA is not a land use decision and generally cannot be required by the City as part of a typical land use entitlement process. However, a Development Agreement is a negotiated agreement between the City and property owner; therefore, the requirement to have PLA can be included in a Development Agreement if both parties agree to the requirement. Since the Applicants are requesting changes to the existing Development Agreements that benefit the Applicants and the City, the City can require– as a condition of the City’s approval of the requested changes to the Development Agreements – that the Applicant enter into a PLA prior to any issuance of permits for residential development on the subject parcels. It is important to note that, under this scenario, the City would not be requiring the Applicants to enter into PLAs; the Applicants clearly would have the option of declining to enter into Development Agreement amendments that included the PLA requirement.

At this time, the City has not taken a policy stance on PLAs. For this reason, staff does not support a PLA requirement on these individual projects, but if the City Council was interested in PLAs, staff recommends that the City Council consider PLAs as part of a Citywide discussion.

In the event the City Council does not wish to proceed with the PLA requirement at a project specific level, staff has prepared and is recommending ordinances for approval of the FPDAA (PZ 20-670-03) and RPDAA (PZ 20- 670-04), without the PLA requirement (Attachments F and G).

Should the Council desire to move forward with DAAs without the PLA requirement, staff has also prepared two versions of the RPSPA ordinance:

1. The first version is the Option 1 Applicants’ Original Request, as originally supported by staff, that would allow for the development of up to 1,025 additional residential units under the RPSP, in exchange for a reduction of up to approximately 562,457 square feet of non-residential development potential in Districts B, C and D (Attachment 4).

2. The second version is the Option 2 Reduced Specific Plan Amendment Alternative, that incorporates the Commission's recommendation removing 412 units associated with District D and maintaining the allowed commercial uses. This version of the RPSPA would allow for the development of up to 613 additional residential units under the RPSP, in exchange for a reduction of up to approximately 336,377 square feet of non-residential development potential in District B and C only (Attachment 5).

Should the City Council determine that they would like to pursue the PLA, City staff would ask for direction from the City Council as to what should be included within the PLA, and staff would come back at a future hearing with draft language to be included in the two DA amendments relating to the PLA.

Conceptual Residential Development in District D
The Commission’s primary concerns with the inclusion of high density residential in District D generally revolve around 1) the loss of the existing parking at the Collection, noting the existing parking problems within the Collection and on the adjacent streets with residential development, 2) a belief that the added development would only exacerbate these problems, 3) the loss of this parking would adversely impact people's ability to attend events in the adjacent park, as well as, further impacting parking in the adjacent neighborhoods during the events; and 4) the loss of some of the commercial development (including retail) uses within the Collection.

The Commission was not presented with a conceptual plan or plans which showed what future development in District D may be designed. In response to the concerns mentioned by the Commission, the Applicant has prepared an Illustrative Concept Plan showing how the development of this area within District D could potentially occur (Attachment 8). While this is a concept plan and the Applicant would not be required to follow this plan in the future, it does help to provide a visual of how the site could be developed in compliance with the standards proposed. As provided in the concept, the site could be developed as wrap-around developments, with 115
the parking contained in the centrally located parking structure (similar to the Wagon Wheel development). In this concept plan the replacement parking could be contained in the lower levels of the parking structure with the resident parking in the upper stories. Under this concept, the existing parking could be replaced on site, still allowing for easy access to events held in the park. This helps show how the development would avoid adversely affecting the parking in the area by maintaining the required amount of parking in close proximity to the park and commercial uses in the area.

Potential Housing Site In District D
Also, following the Commission meeting, to provide clarity as to the possible location of the housing within District D, staff worked with the Applicant team to update the RPSP Land Use Map (Exhibit 2.B) to better reflect the existing conditions within District D (Attachment 8). This update does not alter the quantity of development or expand it beyond its current boundaries. The change will only update the Land Use Map to reflect the current development pattern within District D. As shown in the updated map, the new housing designation within District D clearly overlays the existing parking lots, which is consistent with the intended development location of the Applicant team, as shown in the concept plan.

As proposed, the new high density housing and parking to serve the new housing could not be developed in place of the existing commercial development within the Collection.

Role of the Planning Commission and City Council
Pursuant to Oxnard City Code (OCC) Section 2-95, the Commission is an advisory body which provides land use recommendations to the City Council on items such as General Plan Amendments, Specific Plans, Ordinance Amendments, and Development Agreements. Therefore while the City Council is to consider the recommendations of the Commission, the Council may take an action which is not consistent with the recommendations of the Commission.

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 116
natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.

FINANCIAL IMPACT

The proposed RPDAA and FPDAA will lock the development impact fees to pre-May 2020 rates, offset the fee increases in the form of fee credits, or allow for alternative calculations based on actual impacts.

The fee credits offset the Developer’s actual costs associated with construction of the related improvements (drainage, park, bike paths, public art, and sewer improvements). The RPDAA request represents a reduction in up to approximately $4.3M in development impact fee revenue to the City. The FPDAA request represents a reduction in up to approximately $1.66M in development impact fee revenue to the City. However, throughout the buildout of the RPSP, the project has constructed a series of public improvements and amenities for City residents. This will result in a net public benefit. Examples of public benefit improvements that have occurred include additional affordable housing, public parks in excess of requirements, bike paths throughout the development, and additional taxes collected by the City and to be spent at the City Council’s sole discretion. All the above listed physical improvements will be constructed by the Developer prior to final buildout of the project.

COMMITTEE OUTCOME

This is a Public Hearing and was reviewed by the Commission, therefore this item did not originate in Committee.

Prepared by: Scott Kolwitz, Planning Manager, Joe Pearson II, Senior Planner

ATTACHMENTS

1. RiverPark Planning Commission Staff Materials dated 12_16_21 and 1_13_22 and Signed Resolutions

2. Fore Property Planning Commission Staff Report dated 12 16 21 and Signed Resolution

3. Addendum No. 15 and Approved FEIR No. 00-03 (with subsequent addendums)

4. RiverPark Specific Plan Amendment (Approval with District D with Updated Land Use Map) Ordinance

5. RiverPark Specific Plan Amendment (Approval without District D)

6. RiverPark Development Agreement (without PLA)

7. Fore Property Development Agreement (without PLA)

8. District D Illustrative Concept Plan and Updated Land Use Map

9. RiverPark CC Presentation
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CITY COUNCIL OF THE CITY OF OXNARD
ORDINANCE NO. 3009

A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD
APPROVING PLANNING AND ZONING PERMIT NO. 20-630-01 (SPECIFIC PLAN AMENDMENT NO. 7 TO THE RIVERPARK SPECIFIC PLAN) TO

AMEND THE LAND USE PLAN AND TEXT WITHIN THE RIVERPARK

SPECIFIC PLAN TO ALLOW RESIDENTIAL DEVELOPMENT IN

DISTRICTS B, C AND D IN EXCHANGE FOR A REDUCTION OF
COMMERCIAL SQUARE FOOTAGE AND CERTIFYING ADDENDUM NO.
15 TO FINAL ENVIRONMENTAL IMPACT REPORT NO. 00-03 FOR THE

RIVERPARK SPECIFIC PLAN, GENERALLY LOCATED NORTH OF THE VENTURA FREEWAY (HIGHWAY 101), WEST OF EAST VINEYARD

AVENUE, EAST OF THE SANTA CLARA RIVER, AND SOUTH OF
CENTRAL AVENUE. FILED BY ANN WALSH OF SHEA PROPERTIES,
2751 PARK VIEW COURT, SUITE 261, OXNARD, CA 93036.

WHEREAS, on September 10, 2002 the City Council approved the entitlements for The RiverPark Specific Plan to guide future development on the 702-acre project site; and WHEREAS, the City Council approved the first amendment request (PZ 02-630-05) on October 22, 2002, which amended the Specific Plan to include regulations for temporary uses; and WHEREAS, the City Council approved the second amendment request (PZ 03-630-03) on July 27, 2004, allowing a minor change in the land use designation on a small parcel from Open Space to Commercial; and
WHEREAS, the City Council approved the third amendment request (PZ 09-630-09) on April 14, 2009, allowing a freeway-oriented pylon sign subject to approval of a Design Development Review permit (DDR) by the Development Services Director; and WHEREAS, the City Council approved the fourth amendment (PZ 10-630-02) on June 14, 2011, allowing three freeway oriented monument signs subject to approval of a DDR, and an electronic digital display panel for the pylon sign, subject to subsequent approval of a Special Use Permit; and
WHEREAS, the City Council approved the fifth amendment (PZ 09-630-03) on June 5, 2012, which increased the maximum number of dwelling units from 2,805 to 3,043 units, and reduced the maximum amount of commercial development from 2,485,000 to 2,098,000 square feet; and
WHEREAS, the City Council approved the sixth amendment (PZ 18-630-01) on February 19, 2019, to amend the text of the RiverPark Specific Plan to allow two (2) monument signs in Planning Districts B and C in the specific plan area, subject to subsequent approval of a Development Design Review Permit; and
WHEREAS, the Planning Commission of the City of Oxnard has considered the proposed map and text amendment to Pages i, 1.1, 1.6, 2.1, 2.9, 2.11, 2.12, 2.13, 2.14, 2.15, 2.16, 2.17, 2.18, 118
Ordinance No. 3009
RiverPark Specific Plan Amendment No. 7 (PZ 20-630-01)
City Council Hearing Date: April 5, 2022

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Oxnard City CouncilApril 5, 2022

Oxnard City Council
April 5, 2022