Agenda packet — Oxnard City Council, November 15, 2022 (part 2 of 2)

RFP #080620

REQUEST FOR PROPOSALS
for
Fleet Payment Solutions with Related Services

Proposal Due Date: August 6, 2020, 4:30 p.m., Central Time

Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Fleet Payment Solutions with Related Services to result in a contracting solution for use by its Participating Entities . Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [ https://proportal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than August 6, 2020, at 4:30 p.m. Central Time, and late proposals will no t be considered.

Solicitation Schedule

Public Notice of RFP Published: June 18, 2020
Pre-proposal Conference: July 8, 2020, 1:00 p.m., Central Time Question Submission Deadline: July 30, 2020, 4:30 p.m., Central Time Proposal Due Date: August 6, 2020, 4:30 p.m., Central Time Late responses will not be considered.

Opening: August 6, 2020, 6:30 p.m., Central Time **
** SEE RFP SUB-SECTION V. G. “OPENING”
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I. ABOUT SOURCEWELL PARTICIPATING ENTITIES

A. SOURCEWELL

Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that facilitates a competitive public solicitation and contract award process for the benefit of its 50,000+ participating entities across the United States and Canada. Sourcewell’s solicitation process complies with State of Minnesota law and policies, conforms to Canadian trade agreements, and results in cooperative contracting solutions from which Sourcewell’s Participating Entities procure equipment, products, and services.

Cooperative contracting provides participating entities and vendors increased administrative efficiencies and the power of combined purchasing volume that result in overall cost savings. At times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing volume of their membership into a single solicitation and contract expanding the reach of contracted vendors’ potential pool of end users.

Sourcewell uses a website-based platform, the Sourcewell Procurement Portal, through which all proposals to this RFP must be submitted.

B. USE OF RESULTING CONTRACTS

In the United States, Sourcewell’s contracts are available for use by:
• Federal and state government entities;
• Cities, towns, and counties/parishes;
• Education service cooperatives;
• K-12 and higher education entities;
• Tribal government entities;
• Some nonprofit entities; and
• Other public entities.

In Canada, Sourcewell’s contracts are available for use by:
• Provincial and territorial government departments, ministries, agencies, boards, councils, committees, commissions, and similar agencies; • Regional, local, district, and other forms of municipal government, municipal organizations, school boards, and publicly-funded academic, health, and social service entities referred to as MASH sector (this should be construed to include but not be limited to the Cities of Calgary, Edmonton, Toronto, Calgary, Ottawa, and Winnipeg), as well as any corporation or entity owned or controlled by one or more of the preceding entities;
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• Crown corporations, government enterprises, and other entities that are owned or controlled by these entities through ownership interest; • Members of the Rural Municipalities of Alberta (RMA) and their represented Associations, Saskatchewan Association of Rural Municipalities (SARM), Saskatchewan Urban Municipalities Association (SUMA), Association of Manitoba Municipalities (AMM), Local Authority Services (LAS), Municipalities Newfoundland and Labrador (MNL), Nova Scotia Federation of Municipalities (NSFM), and Federation of Prince Edward Island Municipalities (FPEIM).

For a listing of current United States and Canadian Participating Entities visit Sourcewell’s website (note: there is a tab for each country’s listing): https://www.sourcewell- mn.gov/sourcewell-for-vendors/member-locator.

Access to contracted equipment, products, or services by Participating Entities is typically through a purchase order issued directly to the applicable vendor. A Participating Entity may request additional terms or conditions related to a purchase. Use of Sourcewell contracts is voluntary and Participating Entities retain the right to obtain similar equipment, products, or services from other sources.

To meet Participating Entities’ needs, public notice of this RFP has been broadly published, including notification in the United States to each state-level procurement department for possible re-posting.

Proof of publication will be available at the conclusion of the solicitation process.

II. EQUIPMENT, PRODUCTS, AND SERVICES

A. SOLUTIONS-BASED SOLICITATION

This RFP and contract award process is a solutions-based solicitation; meaning that Sourcewell is seeking equipment, products, or services that meet the general requirements of the scope of this RFP and that are commonly desired or are required by law or industry standards.

B. REQUESTED EQUIPMENT, PRODUCTS, OR SERVICES

It is expected that Proposers will offer a wide array of equipment, products, or services at lower prices and with better value than what they would ordinarily offer to a single government entity, a school district, or a regional cooperative.

1. Sourcewell is seeking proposals for Fleet Payment Solutions with Related Services, to include card, mobile application, digital, and virtual payment services permitting Sourcewell and Sourcewell Participating Entities to make purchases of the following types of products or services:

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a. Fuel, oil, and fluids for vehicles, aircraft, and watercraft, including gasoline, diesel fuel, alternative fuels, natural gas, propane, aviation fuel, lubricants, and fluids;

b. Electric vehicle charging station fees; and,

c. Vehicle, aircraft, and watercraft-related maintenance, repairs, supplies and services, including oil changes, tire repair, replacement, alignment and balancing, replacement parts, emergency repairs, roadside assistance and towing services, wash or detail services, inspections and certification services, FBO or marina services, and related parts or supplies.

2. In addition to the card, mobile application, digital, and virtual payment services identified in Section II. B. 1. above, Proposer may include a complementary offering of services, including, but not limited to card issuance and replacement, account customization, transaction processing and payment settlement, transaction statement and reporting, fleet data analytics, integrated telematics, private-site fuel location payment or data services, digital and mobile applications, training, and technical and customer support.

3. This solicitation does not include those equipment, products, or services covered under categories included in contracts currently maintained by Sourcewell:

a. Fleet Management and Related Technology Solutions (RFP #022217); b. Electric Vehicle Supply Equipment and Related Services (RFP #051017); and, c. Fleet Management Services (RFP #060618).

Proposers may include related equipment, accessories, and services to the extent that these solutions are complementary to the equipment, products, or service(s) being proposed.

Generally, the solutions for Participating Entities are turn-key solutions, providing a combination of equipment, products and services, delivery, and installation to a properly operating status. However, equipment or products only solutions may be appropriate for situations where Participating Entities possess the ability, either in-house or through local third- party contractors, to properly install and bring to operation the equipment or products being proposed.

Sourcewell prefers vendors that provide a sole source of responsibility for the products and services provided under a resulting contract. If Proposer requires the use of dealers, resellers, or subcontractors to provide the products or services, the Proposal should address how the products or services will be provided to Participating Entities and describe the network of dealers, resellers, and/or subcontractors that will be available to serve Participating Entities under a resulting contract.

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Sourcewell desires the broadest possible selection of equipment, products, and services being proposed over the largest possible geographic area and to the largest possible cross-section of Sourcewell current and future Participating Entities.

C. REQUIREMENTS

It is expected that Proposers have knowledge of all applicable industry standards, laws, and regulations and possess an ability to market and distribute the equipment, products, or services to Participating Entities.

1. Safety Requirements. All items proposed must comply with current applicable safety or regulatory standards or codes.

2. Deviation from Industry Standard. Deviations from industry standards must be identified with an explanation of how the equipment, products, and services will provide equivalent function, coverage, performance, and/or related services.

3. New Equipment and Products. Proposed equipment and products must be for new, current model; however, Proposer may offer certain close-out equipment or products if it is specifically noted in the Pricing proposal.

4. Delivered and operational. Unless clearly noted in the Proposal, equipment and products must be delivered to the Participating Entity as operational.

5. Warranty. All equipment, products, supplies, and services must be covered by a warranty that is the industry standard or better.

D. ANTICIPATED CONTRACT TERM

Sourcewell anticipates that the term of any resulting contract(s) will be four (4) years. Up to two one-year extensions may be offered based on the best interests of Sourcewell and its Participating Entities.

E. ESTIMATED CONTRACT VALUE AND USAGE

Based on past volume of similar contracts, the estimated annual value of all transactions from contracts resulting from this RFP are anticipated to be USD$140 Million; therefore, proposers are expected to propose volume pricing. Sourcewell anticipates considerable activity under the contract(s) awarded from this RFP; however, sales and sales volume from any resulting contract are not guaranteed.

F. MARKETING PLAN

Proposer’s sales force will be the primary source of communication with Participating Entities.

The Proposer’s Marketing Plan should demonstrate Proposer’s ability to deploy a sales force or dealer network to Participating Entities, as well as Proposer’s sales and service capabilities. It is expected that Proposer will promote and market any contract award.

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G. ADDITIONAL CONSIDERATIONS

1. Contracts will be awarded to Proposers able to best meet the need of Participating Entities. Proposers should submit their complete line of equipment, products, or services that are applicable to the scope of this RFP.

2. Proposers should include all relevant information in its proposal, since Sourcewell cannot consider information that is not included in the Proposal. Sourcewell reserves the right to verify Proposer’s information and may request clarification from a Proposer, including samples of the proposed equipment or products.

3. Depending upon the responses received in a given category, Sourcewell may need to organize responses into subcategories in order to provide the broadest coverage of the requested equipment, products, or services to Participating Entities. Awards may be based on a subcategory.

4. A Proposer’s documented negative past performance with Sourcewell or its Participating Entities occurring under a previously awarded Sourcewell contract may be considered in the evaluation of a proposal.

III. PRICING

A. REQUIREMENTS

All proposed pricing must be:

1. Either Line-Item Pricing or Percentage Discount from Catalog Pricing, or a combination of these:
a. Line-item Pricing is pricing based on each individual product or services. Each line must indicate the Vendor’s published “List Price,” as well as the “Contract Price.” b. Percentage Discount from Catalog or Category is based on a percentage discount from a catalog or list price, defined as a publish ed Manufacturer’s Suggested Retail Price (MSRP) for the products or services. Individualized percentage discounts can be applied to any number of defined product groupings. Proposers will be responsible for providing and maintaining current published MSRP with Sourcewell, and this pricing must be included in its proposal and provided throughout the term of any Contract resulting from this RFP. ** NOTE – for this solicitation, Percentage Discount from Catalog or Category is construed to include a proposal for pricing based on volume, tier, timing, or similar rebate or incentive structures.

2. The Proposer’s ceiling price (Ceiling price means that the propo sed pricing will be considered as the highest price for which equipment, products, or services may be billed to a Participating Entity ). However, it is permissible for vendors to sell at a price that is lower than the contracted price;

3. Stated in U.S. and Canadian dollars (as applicable); and

4. Clearly understood, complete, and fully describe the total cost of acquisition (e.g., the cost of the proposed equipment, products, and services delivered and operational for its intended purpose in the Participating Entity’s location). 288

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Proposers should clearly identify any costs that are NOT included in the proposed product or service pricing. This may include items such as installation, set up, mandatory training, or initial inspection. Include identification of any parties that impose such costs and their relationship to the Proposer. Additionally, Proposers should clearly describe any unique distribution and/or delivery methods or options offered in the Proposal.

B. ADMINISTRATIVE FEES

Proposers are expected to pay to Sourcewell an administrative fee in exchange for Sourcewell facilitating the resulting contracts. The administrative fee is normally calculated as a percentage of the total sales to Participating Entities for all contracted equipment, products, or services made during a ca lendar quarter, and is typically one percent (1%) to two percent (2%). In some categories, a flat fee may be an acceptable alternative.

IV. CONTRACT

Proposers awarded a contract will be required to execute a contract with Sourcewell (see attached template). Only those modifications the Proposer indicates in its proposal will be available for discussion. Much of the language in the Contract reflects Minnesota legal requirements and cannot be altered. Numerous and/or onerous exceptions that contradict Minnesota law may result in the Proposal being disqualified from further review and evaluation.

To request a modification to the Contract terms, conditions, or specifications, a Proposer must complete and submit the Exceptions to Terms, Conditions, or Specifications table, with all requested modifications, through the Sourcewell Procurement Portal at the time of submitting the Proposer’s Proposal. Exceptions must:
a. Clearly identify the affected article and section, and b. Clearly note what language is requested to be modified.

Unclear requests will be automatically denied.

Only those exceptions that have been accepted by Sourcewell will be included in the contract document provided to the awarded vendor for signature.

If a Proposer receives a contract award resulting from this solicitation it will have up to 30 days to sign and return the contract. After that time, at Sourcewell’s sole discretion, the contract award may be revoked.

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V. RFP PROCESS

A. PRE-PROPOSAL CONFERENCE

Sourcewell will hold an optional, non-mandatory pre-proposal conference via webcast on the date and time noted on page one of this RFP and on the Sourcewell Procurement Portal. The purpose of this conference is to allow potential Proposers to ask questions regarding this RFP and Sourcewell’s competitive contracting process. Information about the webcast will be sent to all entities that have registered for this solicitation opportunity through their Sourcewell Procurement Portal Vendor Account. Pre-proposal conference attendance is optional.

B. QUESTIONS REGARDING THIS RFP AND ORAL COMMUNICATION

Questions regarding this RFP must be submitted through the Sourcewell Procurement Portal.

The deadline for submission of questions is found in the Solicitation Schedule and on the Sourcewell Procurement Portal. Answers to questions will be issued through an addendum to this RFP. Repetitive questions will be summarized into a single answer and identifying information will be removed from the submitted questions.

All questions, whether specific to a Proposer or generally related to the RFP, must be submitted using this process. Do not contact individual Sourcewell staff to ask questions or request information as this may disqualify the Proposer from responding to this RFP. Sourcewell will not respond to questions submitted after the deadline.

C. ADDENDA

Sourcewell may modify this RFP at any time prior to the proposal due date by issuing an addendum. Addenda issued by Sourcewell become a part of the RFP and will be delivered to potential Proposers through the Sourcewell Procurement Portal. Sourcewell accepts no liability in connection with the delivery of any addenda.

Before a proposal will be accepted through the Sourcewell Procurement Portal, all addenda, if any, must be acknowledged by the Proposer by checking the box for each addendum. It is the responsibility of the Proposer to check for any addenda that may have been issued up to the solicitation due date and time.

If an addendum is issued after a Proposer submitted its proposal, the Sourcewell Procurement Portal will WITHDRAW the submission and change the Proposer’s proposal status to INCOMPLETE. The Proposer can view this status change in the “MY BIDS” section of the Sourcewell Procurement Portal Vendor Account. The Proposer is solely responsible to check the “MY BIDS” section of the Sourcewell Procurement Portal Vendor Account periodically after submitting its Proposal (and up to the Proposal due date). If the Proposer’s Proposal status has changed to INCOMPLETE, the Proposer is solely responsible to:
i) make any required adjustments to its proposal;
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ii) acknowledge the addenda; and
iii) ensure the re-submitted proposal is received through the Sourcewell Procurement Portal no later than the Proposal Due Date and time shown in the Solicitation Schedule above.

D. PROPOSAL SUBMISSION

Proposer’s complete proposal must be submitted through the Sourcewell Procurement Portal no later than the date and time specified in the Solicitation Schedule. Any other form of proposal submission, whether electronic, paper, or otherwise, will not be considered by Sourcewell. Late proposals will not be considered. It is the Proposer’s sole responsibility to ensure that the proposal is received on time.

It is recommended that Proposers allow sufficient time to upload the proposal and to resolve any issues that may arise. The time and date that a Proposal is received by Sourcewell is solely determined by the Sourcewell Procurement Portal web clock.

In the event of problems with the Sourcewell Procurement Portal, follow the instructions for technical support posted in the portal. It may take up to twenty-four (24) hours to respond to certain issues.

Upon successful submission of a proposal, the Portal will automatically generate a confirmation email to the Proposer. If the Proposer does not receive a confirmation email, contact Sourcewell’s support provider at [email protected].

To ensure receipt of the latest information and updates via email regarding this solicitation, or if the Proposer has obtained this solicitation document from a third party, the onus is on the Proposer to create a Sourcewell Procurement Portal Vendor Account and register for this solicitation opportunity.

Within the Procurement Portal, all proposals must be digitally acknowledged by an authorized representative of the Proposer attesting that the information contained in in the proposal is true and accurate. By submitting a proposal, Proposer warrants that the information provided is true, correct, and reliable for purposes of evaluation for potential contract award. The submission of inaccurate, misleading, or false information is grounds for disqualification from a contract award and may subject the Proposer to remedies available by law.

E. GENERAL PROPOSAL REQUIREMENTS

Proposals must be:
• In substantial compliance with the requirements of this RFP or it will be considered nonresponsive and be rejected.
• Complete. A proposal will be rejected if it is conditional or incomplete. • Submitted in English.
• Valid and irrevocable for 90 days following the Proposal Due Date. 291

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Any and all costs incurred in responding to this RFP will be borne by the Proposer.

F. PROPOSAL WITHDRAWAL

Prior to the proposal deadline, a Proposer may withdraw its proposal.

G. OPENING

The Opening of Proposals will be conducted electronically through the Sourcewell Procurement Portal. A list of all Proposers will be made publicly available in the Sourcewell Procurement Portal after the Proposal Due Date, but no later than the Opening time listed in the Solicitation Schedule.

To view the list of Proposers, verify that the Sourcewell Procurement Portal opportunities list search is set to “All” or “Closed.” The solicitation status will automatically change to “Closed” after the Proposal Due Date and Time.

VI. EVALUATION AND AWARD

A. EVALUATION

It is the intent of Sourcewell to award one or more contracts to responsive and responsible Proposer(s) offering the best overall quality, selection of equipment, products, and services, and price that meet the commonly requested specifications of Sourcewell and its Participating Entities. The award(s) will be limited to the number of Proposers that Sourcewell determines is necessary to meet the needs of Participating Entities. Factors to be considered in determining the number of contracts to be awarded in any category may include the following:
• The number of and geographic location of:
o Proposers necessary to offer a comprehensive selection of equipment, products, or services for Participating Entities’ use.
o A Proposer’s sales and service network to assure availability of product supply and coverage to meet Participating Entities’ anticipated needs. • Total evaluation scores.
• The attributes of Proposers, and their equipment, products, or services, to assist Participating Entities achieve environmental and social requirements, preferences, and goals. Information submitted as part of a proposal should be as specific as possible when responding to the RFP. Do not assume Sourcewell’s knowledge about a specific vendor or product.

B. AWARD(S)

Award(s) will be made to the Proposer(s) whose proposal conforms to all conditions and requirements of the RFP, and consistent with the award criteria defined in this RFP. 292

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Sourcewell may request written clarification of a proposal at any time during the evaluation process.

Proposal evaluation will be based on the following scoring criteria and the Sourcewell Evaluator Scoring Guide (available in the Sourcewell Procurement Portal):

Conformance to RFP Requirements 50
Financial Viability and Marketplace Success 75
Ability to Sell and Deliver Service 100
Marketing Plan 50
Value Added Attributes 75
Warranty 50
Depth and Breadth of Offered Equipment, Products, or Services 200 Pricing 400
TOTAL POINTS 1000

C. PROTESTS OF AWARDS

Any protest made under this RFP by a Proposer must be in writing, addressed to Sourcewell’s Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O.

Box 219, Staples, MN 56479. The protest must be received no later than 10 calendar days’ following Sourcewell’s notice of contract award(s) or non-award and must be time stamped by Sourcewell no later than 4:30 p.m., Central Time.

A protest must include the following items:
• The name, address, and telephone number of the protester; • The original signature of the protester or its representative; • Identification of the solicitation by RFP number;
• A precise statement of the relevant facts;
• Identification of the issues to be resolved;
• Identification of the legal or factual basis;
• Any additional supporting documentation; and
• Protest bond in the amount of $20,000, except where prohibited by law or treaty.

Protests that do not address these elements will not be reviewed.

D. RIGHTS RESERVED

This RFP does not commit Sourcewell to award any contract and a proposal may be rejected if it is nonresponsive, conditional, incomplete, conflicting, or misleading. Proposals that contain false statements or do not support an attribute or condition stated by the Proposer may be rejected.
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Sourcewell reserves the right to:
• Modify or cancel this RFP at any time;
• Reject any and all proposals received;
• Reject proposals that do not comply with the provisions of this RFP; • Select, for contracts or for discussion, a proposal other than that with the lowest cost; • Independently verify any information provided in a Proposal; • Disqualify any Proposer that does not meet the requirements of this RFP, is debarred or suspended by the United States or Canada, State of Minnesota, Participating Entity’s state or province; has an officer, or other key personnel, who have been charged with a serious crime; or is bankrupt, insolvent, or where bankruptcy or insolvency are a reasonable prospect;
• Waive or modify any informalities, irregularities, or inconsistencies in the proposals received;
• Clarify any part of a proposal and discuss any aspect of the proposal with any Proposer; and negotiate with more than one Proposer;
• Award a contract if only one responsive proposal is received if it is in the best interest of Participating Entities; and
• Award a contract to one or more Proposers if it is in the best interest of Participating Entities.

E. DISPOSITION OF PROPOSALS

All materials submitted in response to this RFP will become property of Sourcewell and will become public record in accordance with Minnesota Statutes Section 13.591, after negotiations are complete. Sourcewell considers that negotiations are complete upon execution of a resulting contract. It is the Proposer’s responsibility to clearly identify any data submitted that it considers to be protected. Proposer must also include a justification for the classification citing the applicable Minnesota law.

Sourcewell will not consider the prices submitted by the Proposer to be confidential, proprietary, or trade secret materials. Financial information, including financial statements, provided by a Proposer is not considered trade secret under the statutory definition.

The Proposer understands that Sourcewell will reject proposals that are marked confidential or nonpublic, either substantially or in their entirety.
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7/5/2020
Addendum No. 1
Solicitation Number: RFP 080620
Solicitation Name: Fleet Payment Solutions with Related Services

Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

How much fraud is being experienced on a monthly/annual basis under the current agreement? Can this be addressed in both gallon volume and dollar spend?

Answer 1:

Sourcewell does not collect data on the incidence of misuse or fraud at the Participating Entity level.

Question 2:

How is the fraud reported and handled? Which entity is financially responsible for fraud?
Answer 2:

Refer to Answer 1 above. Each proposer has the opportunity to answer Question 70, in Table 15 of Step 1, entitled “Industry Specific Questions”, describing available features or controls in the offered solution to address fraud, waste, or abuse at the Participating Entity level. To the extent that the resulting contract between the Vendor and Sourcewell does not address a necessary term or condition, it is contemplated that the Vendor and Participating Entity will enter into an additional agreement. Refer to the Sourcewell template Contract, Section 6. B. – Additional Terms and Conditions/ Participating Addendum and Section 6. D. – Specialized Service Requirements.

End of Addendum
Acknowledgement of this Addendum to RFP 080620 posted to the Sourcewell Procurement Portal on 7/5/2020, is required at the time of proposal submittal. 295

7/29/2020
Addendum No. 2
Solicitation Number: RFP 080620
Solicitation Name: Fleet Payment Solutions with Related Services

Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.

Question 1:

What is the current annual spend through the existing Sourcewell contract for the requested solutions by the following listed participant type: state, non-state, and other entity?
Answer 1:

The approximate reported spend through the current Sourcewell-awarded contract for the requested solutions, for transaction dates between July 1, 2019 and June 30, 2020, by Participating Entity type, is summarized as follows:

Participating Entity Type: Approximate Volume:

State Government: $35,290,000
Other Government (non-State): $57,580,000
Other Entity: $53,520,000

Question 2:

What are the fraud losses, speed to pay, annual spend by merchant, annual bulk fuel spend, annual fuel spend, and annual maintenance spend experienced through the Sourcewell contract for the requested solutions?
Answer 2:

Sourcewell does not have compiled data on the fraud losses, speed to pay, annual spend 296
by merchant, annual bulk fuel spend, annual fuel spend, and annual maintenance spend through the current Sourcewell-awarded contract for the requested solutions. For the contract sales activity reporting that is anticipated for contracts awarded as a result of RFP 080620 - Fleet Payment Solutions with Related Services, refer to Section 8 of the Sourcewell Contract Template uploaded to the Sourcewell Procurement Portal.

End of Addendum
Acknowledgement of this Addendum to RFP 080620 posted to the Sourcewell Procurement Portal on 7/29/2020, is required at the time of proposal submittal.

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COMMENT AND REVIEW
to the
REQUEST FOR PROPOSAL (RFP) 080620
Entitled

Fleet Payment Solutions with Related Services

The following advertisement was placed June 18, 2020 in Utah’s The Salt Lake Tribune, in USA Today, in South Carolina’s The State, and on the Sourcewell website www.sourcewell-mn.gov, Sourcewell Procurement Portal https://proportal.sourcewell-mn.gov, Biddingo, Merx, The New York State Contract Reporter www.nyscr.ny.gov, PublicPurchase.com, and June 19, 2020 in Oregon’s Daily Journal of Commerce:

Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Fleet Payment Solutions with Related Services to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than August 6, 2020, at 4:30 p.m.

Central Time, and late proposals will not be considered.

The solicitation process was conducted through the Sourcewell Procurement Portal. The following parties expressed interest in the solicitation by registering for this opportunity within the portal:

BidPrime, Inc. POSconnect
E.J. Ward, Inc. Prime Vendor, Inc.
eRepublic, Inc. Roslyn Accounting Services, Inc.

Fitness LifeStyles Standing Rock, LLC.

FleetFuelz, LLC. The NoCheck Group, LLC.

Ford The Sewell Family of Companies
IPJukebox Trapeze Software Group, Inc.

IPN, LLC. U.S. Bank National Association
One Stop Computer Shop, LLC. WEX Bank
PNC Bank, N.A. Worldpay, LLC.

All Proposals remained sealed within the Sourcewell Procurement Portal until the scheduled due date and time. Proposals were electronically opened, and the list of all Proposers was made publicly available on the Sourcewell Procurement Portal, on August 6, 2020 at 4:35 pm CT. Proposals were received from the following:

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FleetFuelz, LLC.

The NoCheck Group, LLC.

U.S. Bank National Association
WEX Bank

Proposals were reviewed by the Proposal Evaluation Committee:

James Voelker, CPCM, CFCM, Procurement Lead Analyst
Brandon Town, CPSM, CPSD, Procurement Analyst
Michael Muñoz, CPPB, Procurement Analyst
Craig West, Procurement Analyst

The findings of the Proposal Evaluation Committee are summarized as follows:

The Proposal Evaluation Committee applied the Sourcewell RFP evaluation criteria and determined that all
proposal responses met the scope and mandatory submittal requirements and were evaluated.

U.S Bank Corporate Payment Systems is a national bank offering fleet payment solutions for Participating Entities throughout the United States and Canada. Their Voyager Fleet Card is accepted at more than 320,000 fuel and maintenance locations in all 50 states and Puerto Rico. In addition, their Mastercard Fleet Card can be used anywhere Mastercard is accepted, including Canada. U.S. Bank is ready to provide support to Participating Entities with 24/7 fuel and maintenance authorization, emergency roadside assistance, fuel and maintenance location service, and driver support. They are offering fee, incentive and rebate structures that are competitive within the industry.

WEX Bank offers access to their proprietary, closed-loop network to provide fleet payment solutions to Participating Entities. Their fleet payment solutions are accepted at more than 95% of retail fuel locations in the United States and over 2400 locations in Canada. WEX Bank offers 24/7 customer support, including multi-lingual call support currently staffed with French Canadian and Spanish speaking representatives with access to a “Language Line” providing translation in over 170 languages. Participating Entities will also benefit from their robust fee, incentive and rebate plans.

For these reasons, the Sourcewell Proposal Review Committee recommends award of Sourcewell Contract #080620 to:

U.S. Bank Corporate Payment Systems 080620-USB
WEX Bank 080620-WEX

The preceding recommendations were approved on August 24, 2020.

______________________________________________
James Voelker, CPCM, CFCM, Procurement Lead Analyst

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__________________________________________
Brandon Town, CPSM, CPSD Procurement Analyst

______________________________________________
Michael Muñoz, CPPB, Procurement Analyst

____________________________
Craig West, Procurement Analyst

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Sourcewell Page 4 of 4

STATEMENT OF COMPLIANCE

As Chief Procurement Officer for Sourcewell, I have reviewed the recommendation of the Evaluation Committee and the accompanying support materials documenting the process followed for RFP #080620 for Fleet Payment Solutions with Related Services.

The committee accepted, deemed responsive, evaluated, and recommended proposals for award. Under authority granted to the Chief Procurement Officer in Sourcewell’s bylaws, the recommendations set forth above are approved.

I hereby certify:

1. Sourcewell is a government agency, created and authorized by Minnesota law to provide cooperative procurement contracts.

2. The procurement process and resulting contracts have been awarded in compliance with the laws of the State of Minnesota (Minnesota Statutes Chapter 471 and Minnesota Statutes Section 123A.21), and in conformity to Sourcewell’s Procurement Policy.

Jeremy Schwartz, CSSBB, CPPO
Chief Procurement Officer

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CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.3.

DATE: December 3, 2019

TO: City Council

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

SUBJECT: Approve Purchase Order with WEX Bank for Fleet Fuel Cards Program. (5/5/5)

RECOMMENDATION

That the City Council award and authorize the Mayor to establish a Purchase Order with WEX Bank in the not to exceed amount of $7,200,000 for a three year term for Fuel Cards. (Public Works and Transportation Committee approved 3-0;
expenditures for FY19 have been updated since PWTC approval.)

BACKGROUND

The Fleet Services Division (Fleet) of the Public Works Department provides maintenance and repair of the City’s 953 vehicles and equipment, valued at over $44 million. Fleet is responsible for maintenance of vehicles as well as oversight for fuel and the fuel card program. Currently, the City purchases unleaded, diesel and Compressed Natural Gas (CNG).

Unleaded and Diesel are purchased from Shell Corporation and CNG is purchased from Voyager at the SoCalGas- Oxnard Base location. All departments and divisions are currently using either Shell and/or Voyager fuel cards. The table below outlines diesel and unleaded fuel usage by Division.

Division Fuel Purchased in FY 19 Percent
ER $ 1,190,506.64 51.52%
Police $ 622,289.28 26.93%
Parks $ 144,422.88 6.25%
Water $ 96,590.02 4.18%
Streets $ 59,848.84 2.59%
City Corps $ 53,147.62 2.30%
Other $ 143,960.72 6.23%
Total $ 2,310,766.00 100%

DISCUSSION

The Public Works Department and the Purchasing Division have been working toward implementing a new fuel card
system to better serve the City Departments. The Wex Government Fleet Card Program allows for the purchase of Unleaded, Diesel and Compressed Natural Gas (CNG). Previously, the City was operating with two different vendors (Shell and Voyager) to meet its fuel needs. Converting to WEX fuel cards will increase operational efficiency and administrative burdens, and will allow for greater oversight of the program as a whole.

ITEM #M-3
511
307
Wex Fleet Card is accepted at 95% of fueling stations nationwide. The following are some of the accepting fuel sites:

Chevron, Circle K, Mobil, 76, Arco, Valero, Exxon, Seven Eleven, Shell, Sinclair and Texaco. The Wex Fleet Card will
also be used to purchase CNG from SoCalGas-Oxnard Base. The City intends to piggyback on the Wex Government Fleet Card Program which has been competitively bid through Sourcewell, formerly NJPA.

Participation is free, with no enrollment, set up or card fees. A major improvement that the Wex Fleet Card provides is the number of locations available to fuel, allowing staff to conveniently fuel vehicles and reducing unnecessary time and miles traveled.

Supplemental to rebates and cost savings, the program offers better security and better accounting, which is something that staff believes to be an indirect cost of service (savings). Below outlines some high level aspects of the service agreement.

Cost Savings
- Estimated rebates of approximately 1.3% annually based on volume, prompt payment and annual spending; - Use of electronic billing to reduce administrative costs; - Reduce staff time spent on unnecessary fuel trips.

Better Security
- Manage spending with purchase limits the City controls; - Driver IDs are used at the pump to help prevent fraud and misuse.

Better Accounting
- Track spending online and see fuel grade, cost per gallon, and sales tax for every purchase; - Download monthly reports including exception reporting.

Oversight of fuel transactions will be enhanced due to the web based client portal. The WEX Fleet Card offers a suite of control and alert tools that allows staff to know where, when, what, and how much is being spent. Features include a pump shut off feature, type and amount control limits, real time alerts, and a number of standard and custom reports.

Staff anticipates the WEX Fleet Card program to be implemented January 2020.

STRATEGIC PRIORITIES

This agenda item is a routine operational item or does not relate to the four strategic plans adopted by City Council on May 17, 2016.

FINANCIAL IMPACT

The FY19/20 budget for fuel services is $2.2 million with estimated increase of 12% or $2.5 million annually for FY20/21 and FY21/22. Funding for FY19/20 is available in the Fleet Services Operational Fund (741-7501) and future
year funding for fuel will be considered as part of the annual budget process. The following table shows the anticipated cumulative Fiscal Year breakdown for each funding source.

Account Number FY 19/20 FY 20/21 FY 21/22 Total
741-7501-853.82-36
(Unleaded) $960,000 (Budgeted) $960,000
(Estimate)
$960,000
(Estimate) $2,880,000
741-7501-853.82-37 (CNG) $240,000 (Budgeted) $240,000 $240,000 $720,000 ITEM #M-3
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(Estimate) (Estimate)
741-7501-853.82-38 (Diesel) $1,000,000
(Budgeted)
$1,300,000
(Estimate)
$1,300,000
(Estimate) $3,600,000
TOTALS $2,200,000 $2,500,000 $2,500,000 $7,200,000

COMMITTEE OUTCOME

The Public
Works and Transportation Committee approved 3-0 on October 22, 2019, to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Brian Yanez, Assistant Public Works Director

ATTACHMENTS

1. Acceptance and Award-WEX Bank 042016

2. Fuel Card RFP

3. Paticipating Addendum

4. WEX 042016-5th Year Extension

5. WEX Contract

6. Wex Fuel Cards - PPT
ITEM #M-3
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APPROVE PURCHASE ORDER WITH WEX BANK FOR

THE FLEET FUEL CARD PROGRAM
City CouncilNovember 15, 2022
Jose Arreola
Fleet Services Division Manager
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That the City Council approve and authorize the Purchasing Agent to execute a Purchase Order with WEX Bank in an amount not to exceed $8,800,000 for a two year term for Fuel Cards.

City Council Recommendation 2
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• Fleet Services Division of the Public Works Department performs maintenance and repairs on the City’s 946 fleet vehicles and equipment
• In addition to vehicle maintenance, Fleet is also responsible for oversight of fuel and the fuel card program
• The City currently purchases unleaded, diesel and compressed natural gas (CNG) through WEX Bank
BACKGROUND 3
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The table below summarizes fuel usage by Division

BACKGROUND 4
Division
FY 2021-22 Fuel
Purchased Percent
Env. Resources $1,613,669.32 53.24%
Police $644,286.71 21.26%
Fire $252,968.13 8.35%
Other $157,648.27 5.20%
Parks $152,565.10 5.03%
Water $125,160.63 4.13%
Streets $84,830.61 2.80%
Total $3,031,128.77 100%
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● December 3, 2019: Council approved the WEX Government Fleet Card Program which allows for the purchase of unleaded, diesel and CNG fuels
● Prior to WEX, the City was operating with only two vendors, Shell and Voyager, which only offered a limited number of fueling stations ● Converting to WEX fuel cards has increased operational efficiency and administrative burdens by providing greater oversight of the fuel program as a whole and a web based portal
● The vast number of locations allows for staff to conveniently fuel vehicles, reducing travel time and miles
● Fueling locally within City limits is encouraged to WEX fuel card holders
DISCUSSION 5
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• Sourcewell offers government agencies a cooperative purchasing program that provides competitively solicited cooperative contracts
• Sourcewell awarded WEX Bank Contract No. 080620-WEX that will expire September 7, 2024 for Fleet Payment Solutions with Related Services
• The program offers better security and accounting, offering a suite of control and alert tools that allows staff to know where, when, what and how much is spent as well as fuel grade, cost per gallon and sales tax for every purchase
DISCUSSION 6
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• The total cost for this Purchase Order with WEX Bank shall not exceed $8,800,000 through September 7, 2024
• In past years, fuel pricing has remained consistent; however, fuel prices increased approximately 37% in the third quarter of Fiscal Year 21-22. Fuel prices are anticipated to remain high for an undetermined length of time and could continue to increase • The funds requested for the purchase order include potential increases in fuel prices through the term of the purchase order • Funding will begin in Fiscal Year 2022-23 and has been considered in the proposed budget
FINANCIAL IMPACT 7
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FINANCIAL IMPACT 8
• Subsequent fiscal year funding will be requested in the annual budget process.
• The estimated spending plan per year is as follows:

Account Number
FY 22-23
(Jan 1 - June 30,
2023)
FY23-24
(Full FY)
FY 24-25
(July 1 - Sep 7,2024)
741-7501-853.82-36
(Unleaded) $800,000 $2,320,000 $400,000
741-7501-853.82-37
(CNG) $200,000 $580,000 $100,000
741-7501-853.82-38
(Diesel) $1,000,000 $2,900,000 $500,000
T otal $2,000,000 $5,800,000 $1,000,000
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QUESTIONS
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CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. M.2

DATE: November 15, 2022

TO: City Council

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

SUBJECT: Agreement A-8505 with Toro Enterprises, Inc. for Ventura Boulevard Sidewalk Improvement Project, Specification No. PW 18-48. (10 minutes)

RECOMMENDATION

That the City Council approve and authorize the following for a total of $2,960,510 in Project funds for the Ventura Boulevard Sidewalk Improvement Project, Specification No. PW 18-48 (No. 133107):

1. The Mayor to execute an Agreement with Toro Enterprises, Inc. in the amount of $2,467,092 for the Project;

2. A Project contingency amount of $246,709 for the Project;

3. A Project allocation amount of $246,709 for engineering, inspection, survey and project management for the Project; and

(This item is categorically exempt from the California Environmental Quality Act pursuant to 14 C.C.R. § 15304(f))

This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/KUaIj- npmf0

BACKGROUND

The Ventura Boulevard Sidewalk Improvement Project (Project) was recommended through the City’s Bicycle and Pedestrian Master Plan (Master Plan). In the Master Plan, the Project was ranked as the third-highest pedestrian project with a goal of encouraging people to walk and ride bicycles to destinations between Vineyard Avenue and Rose Avenue.

The City received an $847,000 federal Congestion Mitigation Air Quality (CMAQ) grant through Ventura County Transportation Commission (VCTC) for the construction phase. Staff considered the current bidding environment, which is experiencing cost increases as a result of material shortages and a surplus of projects, and requested an additional $866,489 from VCTC through the federal Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA). The CRRSAA grant does not include a match, was added to the existing budget through the 2022-2027 CIP, and will be administratively added to the existing authorization to proceed from Caltrans. The new total grant funding for the construction phase is $1,713,489.
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The Project includes furnishing all necessary labor, materials, equipment and other incidental and appurtenant work for construction of new concrete sidewalk and parkway with drought-tolerant and California-friendly landscaping and irrigation system. The Work includes the milling of existing asphalt concrete pavement; placement and compaction of asphalt rubberized concrete; excavation and reconstruction of a portion of the street; concrete works; adjust utility covers to finished grade; installation of HDPE storm drain lines and appurtenant concrete structures; and traffic striping. The project, once finished, will provide mobility options for pedestrians with the new sidewalk, and cyclists with the new Class II bike lanes. These facilities will improve safety by providing separation between vehicles, cyclists, and pedestrians.

Capital Improvement Program (CIP) Reference:

Project No. 133107 - Ventura Boulevard Sidewalk - Rose Avenue to Balboa Street - CIP 2022 - 2027 Adopted May 3, 2022 – Page 81.

DISCUSSION

The work is tentatively scheduled to begin in January 2023 and continue into April 2023 (60 working days), absent any unforeseen site conditions or extended weather delays. Staff will work closely with residents and businesses directly impacted by the work to keep them informed of the project schedule. During the design phase staff had several discussions with the Royal Duke Mobile Home Park property owner to describe the project scope and suggest potential options they may consider for residents who are currently parking within the City right of way. General project information will be disseminated to help keep the public informed as well.

The notice inviting formal bids (NIFB) on the Project was published on September 1, 2022, and all bids were due on October 3, 2022. The City received the following bid:

Toro Enterprises, Inc.: $2,467,092.00

The lowest, and only, bidder is Toro Enterprises, Inc. and its bid is responsive to the City’s NIFB. Following this determination, procurement staff reviewed all documentation received from Toro Enterprises, Inc. and its subcontractors.

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).

Staff also received approval from Caltrans to award to a sole bidder through a Cost Effectiveness Public Interest Finding determination. Caltrans concurred that a re-bid could increase the cost and would add several months to project delivery with no assurance that the City will receive additional bidders. Since this project is funded with federal grants that are subject to timely use of funds, Caltrans approves the recommendation to award to the sole responsive bidder.

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 Toro Enterprises, Inc..

In order to fund the project as bid, staff is recommending a total of $284,600 be reallocated from CIP project 133105, Rose Avenue Sidewalk (from Ventura Boulevard to Collins Street), which is being postponed due to delays to right of way acquisition related to SCE pole relocation. Staff will return to Council with recommendations regarding the feasibility and schedule of the Rose Avenue Sidewalk project and potential grant funding from future cycles to replenish these funds. Staff is also recommending $359,416 be reallocated from CIP project 223102, Arterial Street Resurfacing.

There is resurfacing and roadway work within the Ventura Boulevard Sidewalk project to accommodate the Class II bikeway. Shifting funds from project 133105 and project 223102 allows the City to fully fund project 133107.

In addition to the project award amount of $2,467,092, staff recommends authorizing $246,709 for project contingency (10% of the contract cost) and $246,709 for the cost for engineering services and City staff (10% of the contract cost).

Engineering services include the following activities during construction: engineering, inspection, survey and project management. These recommendations bring the total estimated cost of the project to $2,960,510. 320

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The total cost for this Project shall not exceed $2,960,510 which includes the construction agreement A-8505 with Toro Enterprises, Inc. for $2,467,092, $246,709 in contingency funds and $246,709 in EISPM funds. Ventura Boulevard Sidewalk Project No. 133107 has a total available project budget balance of $2,249,839 as of October 10, 2022. Shifting funds from projects 133105 and 223102 allows the City to fully fund project 133107, which has $1.7M of grant funding that needs to be expended by April 2023. If the grant-funded project (No. 133107) does not proceed, those funds will be lost.

Budget adjustments are necessary to complete this project and includes an additional budget appropriation of $66,655 from Transportation Development Act (TDA) Article 3 (Fund 214) fund balance, and $644,016 in budget reallocations of $144,736 from Air Pollution Buydown (Fund 118) and $139,864 from TDA Article 8a (Fund 212) (Project 133105), and $359,416 from General Fund Capital Outlay (Fund 301) (Project 223102). The estimated unreserved TDA (Fund 214) available fund balance is approximately $244,000.

133107 - Ventura Boulevard Sidewalk- Rose Avenue to Balboa Street Projects Fund
Number
Fund
Name
Current Available
Appropriations
Reallocations Available
Project
Budget
118 Air Pollution
Buydown Fee $144,736 -$144,736 $0 133105
Rose Ave.

Sidewalk
212 TDA/LTF8
-CIP $157,846 -$139,864 $17,982
223102 Arterial
Street Resurfacing 301 GF Capital Outlay $4,605,892 -$359,416 $4,246,476 Total $4,908,474 -$644,016 $4,264,458
Project Fund
Number
Fund
Name
Current Available
Appropriations
Reallocations/
Additional*
Available
Project
Budget
118 Air Pollution
Buydown Fee $229,890 +$144,736 $374,626
133107 Ventura
Blvd. Sidewalk
212 TDA/LTF8
-CIP $316,000 +$139,864 $455,864
321
214 TDA/LTF3-
BI/PED $0 +$66,655* $66,655
275 Fed. Transport.

Multi-Year Grants $1,703,949 $0 $1,703,949
301 GF Capital Outlay $0 +$359,416 $359,416
Total $2,249,839 $710,671 $2,960,510
*Additional from Fund Balance

COMMITTEE OUTCOME

This item did not originate in Committee as this is a capital improvement project specifically listed in the Capital Improvement Program budget, which was previously approved by the City Council.

Prepared by: Debbie O'Leary, Transportation Planner, Tatiana Arnaout, City Engineer

ATTACHMENTS

1. A-8505

2. Presentation
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Agreement No. A-8505
1 CONTRACT

CITY OF OXNARD CONTRACT FOR

VENTURA BOULEVARD SIDEWALK IMPROVEMENT PROJECT
SPECIFICATION NO. PW 18-48
FEDERAL PROJECT NO. CML-5129(078)

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 Toro Enterprises, Inc. (“Contractor”). Contractor’s license number is 710580.

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 Notice Inviting Bids, Instructions to Bidders, General Provisions, Special Provisions, Plans, Standard Plans, Greenbook, Reference Specifications, Bid (including documentation accompanying the Bid and post-Bid documentation submitted before the notice of award), insurance documentation, Bonds, the City business license, permits from regulatory agencies, Addenda, Change Orders and Supplemental Agreements. These documents are incorporated herein by reference.

2. S cope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as VENTURA BOULEVARD SIDEWALK IMPROVEMENT PROJECT SPECIFICATION NO. PW 18-48 FEDERAL PROJECT NO. CML-5129(078) (“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 million four hundred six ty-seven thousand ninety-two dollars ($2,467,092.00) in accordance with the prices as submitted in the Bid, attached hereto as Exhibit “A” and incorporated herein by this reference.

4. A ntitrust Claims . In entering into this Contract, Contractor as signs 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 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 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 t hrough 1861, unless registered and qualified to perform public work pursuant to Labor Code Section 1725.5 at the time of Bid submission.

6. W
orkers’ 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 323
Agreement No. A-8505
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. A uthority . 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. E
ntire 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. A
mendment . No Contract modification, amendment or supplement to this Contract other than Change Orders will be binding unless written and signed by the parties’ duly authorized representatives.

11. C ounterparts . 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 transmitted 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]

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Agreement No. A-8505
3 IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the first written above.

CITY OF OXNARD Toro Enterprises, Inc.

 John C. Zaragoza, Mayor1 Date Sean Castillo, President, 2 Date ☐ Alexander Nguyen, City Manager
☐ Purchasing Manager
☐ Buyer
Jerry Hannigan, Secretary Date
ATTEST:

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 t o $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 structure, or if the above- listed persons are not the appropriate signers, please submit to the City Attorney legally -binding documentation stating who can sign and bind your company.

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4 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, Prof essional 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. The Professional Liability/Errors and Omissions Insurance must be 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 with 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 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 forms 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-8505
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 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. 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 pr ior 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. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The 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 declared to and approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City, its City 326

5 Council, officers, employees and volunteers, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

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

10/22

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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 and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start -up date because the City =s p ractice 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 pro vide 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

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7 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 PER IOD INDICATED, NOTWITHSTANDING

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

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-8505
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
Rev. 10/22 INS-G.doc
329

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



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

Name:

Address:

Telephone: ( )

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, employees and volunteers are included 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 i nsurance 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 INS URED=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, A 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 nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to wh ich this endorsement is attached.

ENDORSEMENT HOLDER

CITY OF OXNARD
Attn: Insurance Compliance
Reference No._A-8505
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. 10/22 INS-G.doc
330

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

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 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.

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 insurance 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.

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 Automobile Liability Coverage, Aoccurrence” form CA0001, code (Aany 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 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-8505
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

331

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

(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as VENTURA BOULEVARD SIDEWALK IMPROVEMENT PROJECT SPECIFICATION NO. PW 18-48 FEDERAL PROJECT NO. CML- 5129(078).

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 Dollars ($ ), 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 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.

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 332

11 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 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 signing as attorney-in-fact must be attached. Date of Bond must not be before the Effective Date of the 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.

333

12 Bond No. __________

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 Dollars ($ ), 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 SUCH 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, 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 334

13 time, alteration or addition to the terms of the Contract or to the Work or to the Specifications.

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.

Dated:

“Principal”

By:

Its:
__________________________

By:

Its:
__________________________

(Seal)

“Surety”

By:

Its:
_________________________

By:

Its:
_________________________

(Seal)

335
ITEM
NO.
1 2
3 4
5 6
7 8
9 10

CITY OF OXNARD

BID SHEETS FOR VENTURA BOULEVARD SIDEWALK IMPROVEMENT PROJECT SPECIFICATION NO. PW 18-48
FEDERAL PROJECT NO. CML-5129(078)
Bidder's Name: TORO ENTERPRISES.INC.

To the Honorable Mayor and Members of the City Council:

In compliance with the Notice Inviting Bids, the undersigned hereby agrees to execute the Contract to furnish all labor, materials, equipment and supplies for the Project in accordance with the Contract Documents to the satisfaction and under the direction of the City Engineer at the following prices:

BASE AMOUNT:

DESCRIPTION PAYMENT UNIT OF EVALUATION
REF. MEASURE QUANTITY
Mobilization/Demob
ilization (not to 1001-3 LS LUMP SUM exceed 5% of the
Total Bid Price)
Traffic Control And
Public
Convenience And 1505-4 LS LUMP SUM
Safetv
Storm Water
Pollution 1800-3 LS LUMP SUM
Prevention Plan
Clearing And 1103-3 LS LUMP SUM Grubbing
Cold Mill AC 1110-3 SQYD
Pavement 6,000
(2" Max.)
Unclassified 1120-4 CY 1,565 Excavation
Class 2 Aggregate 1130-4 TON 1,975 Base
Asphalt Concrete,
Type Ill (DGAC-B2 1150-10 TON 835
PG 64-10)
Asphalt Rubber Hot
Mix 1152-10 TON 1,000 (ARHM-GG-C PG
64-16)
Install PCC
Sidewalk And Curb 1174-6 CY 200
Per Plan
B3

UNIT PRICE
1(0000,-I
2,Do,ooo, -
1 5,000. --
,:07- 4-,0. -
/
'S.'?O
1,�-
lf (_-,
112. -
{lZ.,---
izo_-

EXTENDED
AMOUNT
({0,06>0,-

2.00 I r,e,,c,
-
(�fJ00�-
&,2./170, -
>IJ{Oo_ -
/5"0. 2Jf8.-I
1�f{oo.-
1,or3z.o. --
l ll1000 - --
I blf, OtJD. --

EXHIBIT A
336
11 Install PCC 1174-6 SOFT 950 Driveway Per Plan
Install PCC Curb
12 And Gutter (Type 1174-6 LF 1,350
A2-6)
Remove And
Replace PCC Curb
13 Ramp With 1174-6 SOFT 254 Detectable Warning
Surface Tiles, 4"
Thick
Adjust Manhole
14 Frame And Cover 1185-4 EA 6
To Finished Grade
Adjust Water Valve
15 Frame And Cover 1185-4 EA 7
To Finished Grade
Adjust Survey
16 Monument Frame 1185-4 EA 2 And Cover To
Finished Grade
Adjust Water Meter
17 Frame And Cover 1187-4 EA 1
To Finished Grade
Relocate 2"
18 Backflow Preventer 1192-5 EA 1
Assembly
Relocate Exist 19 Electrical Pedestal 1192-5 EA 1
20 Remove Exist Tree 1192-5 EA 1
Reset Exist Chain 21 Link Gate 1192-5 LF 30
22 Relocate Existing 1192-5 EA 2 Storm Drain Inlet
Install 12" PVC
23 Storm Drain Pipe 1302-5 LF 40
And Fittinqs
Install 15-lnch
24 HOPE Storm Drain 1302-5 LF 92
Pipe And Fittings
Install 18-lnch
25 HOPE Storm Drain 1302-5 LF 1,497
Pipe And Fittinqs
Install 24-lnch
26 HOPE Storm Drain 1302-5 LF 40
Pipe And Fittings
B4
zs-. -
4-lf -
ZJ-f, ---
21 '-/OD, --
ti lfoo_ ✓
2,400,
z,ooo_✓-
410001 -
3S"CJO -
,I
\ bOO. -
I
\5"0 I__.
2-j \DO . -
360·
3,5.-
3>0·-
.5:80· -
23, 7-bo.-
S-7i /f(5)t)_ -
l oq0_ -I
14-: /.fOO. -
J
1: �OD. --
(
� r'Oc?,-
2,000.--
4 000, -
I
-
.3>6"06·I
l �oo. -
I
lf ,soo,
8 Z,(X3. -
I
�l-/000•
-
3Y 6""00.
,,-
I
G"JZ. q32-. -
I
-2-3 2-6(3 .
/
337
Install Curb
Opening Catch
Basin, W=3.5' Per
27 City Std Plate 501 1303-3 EA 2 \l 1 \oo . -- -
With Full Capture 22-/200,
Trash Excluder
Complete-In-Place
Install Curb
Opening Catch
Basin, W=14' Per
zLfS-ao. c_rq ooo 28 City Std Plate 501 1303-3 EA 2
With Full Capture
/ /
Trash Excluder
Complete-In-Place
Install Local �
29 Depression Case C 1303-3 SQFT 146 ➔ ''}�.- 6" \\6. - Per City Std Plate I ·3,5, - I 509
Install Storm Drain
30 Manhole No.1 Per 1303-3 EA 5 \L- 7 S""'O · ,,... -&3 76"6'City Std Plate 513 I I Install Storm Drain
31 Junction Structure 1303-3 EA 2 SG,oo. - --
No. 1 Per City Std ( \ t,hO ,
Plate 521
/ I'
32 Install 12" PVC 1407-3 LF 120 ?Bo,- Ci 3 G,oo .
-
Class 200
Install or Remove
33 and Replace 6" 1407-3 LF 80 ' 2,-Z,�. ,- GJB,. ooo, _,,,..

PVC Class 200 I
34 Abandon-In-Place 1408-2 LF 100 --
Exist 12" ACP \oo. - \01 00�.
35 Install 12" R.S. EA 2 � �(}0.
,,,... 9 Z,00·
-
Gate Valve 1409-3.7 I
36 Install 2-lnch Air- EA 1 \o aoo. - \0 900,-
Vacuum Assembly 1409-4.7 / '
37 Install 4" Blow Off EA 1 -
Assembly 1414-2 14,00v. - \ !./,. oe,c.
38 Relocate Fire 1410-4 EA 1 - --
Hydrant \ \ 000. t l &06, , ,
Install Pavement

1. -- �b?-39 Markings in 1515-4 SQFT 63
Thermoplastic
40 Paint Curb Red 1515-4 LF 60 4. -- 14-0_-
41 Install Detail 22 in 1515-4 LF 1,650 Z.l o ) lf-C,� --Thermoplastic I 42 Install Detail 278 in 1515-4 LF 1,000 I,) 0 (\ J rJO. -Thermoplastic B5
338
43 Install Detail 29 in 1515-4 LF 100 J. 1-) ;;�-Thermoplastic 44 Install Detail 38 in 1515-4 LF 100 z. 0� 20�- -Thermoplastic 45 Install Detail 39 in 1515-4 LF 3,700 /. '3 0 4 ct/(} .. ,.- Thermoplastic (
46 Install Detail 39A in 1515-4 LF 100 ,.- I DO. -Thermoplastic 47 Install Blue RPM 1515-4 EA 2 rz.. ,,,- Zl/-. -
48 Install Bike Lane 1530-4 EA 3 I 7-b. _,,, 5 Z<t. -Sign R81 (CA) 49 Install No Parking 1530-4 EA 4 llf/ - s�Cf.--Sign R28(CA) 50 Install Street Sign 1530-4 EA 5 zzo.- I, {OC). -Post Relocate Street
4-fO_ -51 Sign Post Including 1530-4 EA 2 Z4S-. -All Components 52 Dewatering 1901-3 LS LUMP SUM (o 2.50. - C:, '2-E,0. -I / 53 Trench Safety 1902-3 LS LUMP SUM �C)OO, ,,.- �oodL" - Furnish And Install
Detectable Warning SOFT 70.- 9lfo. 54 1905-4 12
Tiles
55 Remove Exist 1906-4 EA 4 800.r-- 3 2-co. -
Bollard I
Landscape - 3-ln
\ \ 3 .-56 Thick Mulch Layer, 1601-2 CY 30 ;31 3qo, -Type I Landscape - Tree
Planting (24" Box - \\/2\C.0, 57 Tree/Tristaniopsis 1601-2 EA 16 70\.

Laurina)
Landscape-
58 Irrigation 1601-2 LS LUMP SUM \] 3,0.- \ '3, �, 0, - Complete-In-Place I I
BASE AMOUNT TOTAL: l,3�t,z..'f2 ... -
B6
339
ITEM
NO.
59 60
61 62
ADDITIVE ITEMS:

DESCRIPTION PAYMENT UNIT OF EVALUATION UNIT PRICE EXTENDED AMOUNT REF. MEASURE QUANTITY Cement Stabilized 1149-5 CY 50 -7-bt. - 3�1.>0. -Pulverized Base Trench Stabilization 1903-4 TON 50 \00. - S-006,
-
/
Install Geotextile - SSPWC Tensar TriAx 300-10 SQYD 1,000 \2. .so \ Z. S"OO. --Geogrid / Sewer And Water Cost Allowance Lateral Service 1192-5 (Time And Material) $50,000 Repair
ADDITIVE ITEMS TOTAL: \OS-850- ,-I
Note: Several items may be adjusted or deleted. Any changes to the quantities for these items shall not classify as a substantial change as stipulated in Greenbook Section 7-3.5.1. Regardless of total actual volume compared to estimated quantities, the unit prices provided above shall be applied to the final quantity when payment is calculated for these items. No adjustment in the unit prices will be allowed. The City reserves the right to not use any of the estimated quantities, and if this right is exercised, the Contractor will not be entitled to any additional compensation. The cost of all labor, materials, export of material shall be included in the above unit costs; no additional compensation will be granted for such expenses.

TOT AL BID PRICE = BASE AMOUNT + ALL ADDITIVE ITEMS
TOTAL BID PRICE IN DIGITS: $ 2, 4 ID 7 �q 2- l -___;;;_.:..../--'----I--='--'----'=----------------- TOTAL BID PRICE IN WORDS: T vo tt \\i 0" �c, ... , hu.11JreJ S�f-t)'$e,vl/'l Thou,sMd Y\; t'l-ty T ""'0 do,\ \o-r:, <N'C- ,?e/0 C-en 4-'5
Contractor must complete all Work within sixty (60) Working Days of the City's Notice to Proceed.

B7
340
Bidder acknowledges receipt of all addenda
Addendum:
#01
#02
Date Received:
�!)e,
Addendum: Date Received:
#03
#04
Signature: __ ...,,,.... __ ____,,,__ ______ _ Title: PRESIDENT Date: lo(1/i1---Print: SEAN CA
1 Signature: ----=r<-r""-11'�----;------
Print: JERRY HANNIG
Title: SECRETARY
Date: I �G/iv
B8
341
Agreement A-8505 with Toro Enterprises,
Inc. for Ventura Boulevard Sidewalk
Improvement Project, Specification No. PW
18-48
City Council
November 15, 2022
Tatiana Arnaout, PE
City Engineer
342

RECOMMENDATION
That the City Council approve and authorize the following for a total of $2,960,510 in Project funds for the Ventura Boulevard Sidewalk Improvement Project, Specification No. PW 18-48 (No. 133107):

1. The Mayor to execute an Agreement with Toro Enterprises, Inc. in the amount of $2,467,092 for the Project;

2. A Project contingency amount of $246,709 for the Project;

3. A Project allocation amount of $246,709 for engineering, inspection, survey and project management for the Project; and

4. A budget appropriation of $66,655 from TDA/LTF3-BI/PED Fund (214); and budget reallocations of $144,736 within the Air Pollution Buydown Fee Fund (118), $139,864 within the TDA/LTF8-CIP Fund (212), and $359,416 within the General Fund Capital Outlay Fund (301) for the Project. (This item is categorically exempt from the California Environmental Quality Act pursuant to 14 C.C.R. § 15304(f)) 2 343

RECOMMENDATION
3 344
BACKGROUND - EXISTING CONDITIONS 4
345
BACKGROUND - EXISTING CONDITIONS 5
The sidewalk and roadway width terminate at the mobile home park.

This is where the roadway will be widened for the new sidewalk and bike lanes. One travel lane in each direction will remain. 346
BACKGROUND - SCE RELOCATING VAULT PRIOR TO CONSTRUCTION 6 347

DISCUSSION
The Ventura Boulevard Sidewalk Project will encourage people to walk and ride bicycles to destinations between Vineyard Avenue and Rose Avenue.
• Work will include:
• new concrete sidewalk and parkway with landscaping
• Class II bike lane
• excavation and reconstruction of a portion of street
• milling of existing asphalt concrete pavement and
replacement with asphalt rubberized concrete
• installation of HDPE storm drain lines and concrete structures • striping and signage
7 348

DISCUSSION

The notice inviting formal bids (NIFB) for the project was published on September 1, 2022, with bids due on October 3, 2022.

One (1) bid was received and evaluated:

A re-bid could increase the cost and would add several months to the schedule, with no assurance that the City will receive additional bidders.

Caltrans approved awarding to a sole bidder through a Cost Effectiveness Public Interest Finding determination.
8 Toro Enterprises, Inc. $2,467,092.00
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DISCUSSION

Bids higher than the original engineer’s estimate are attributed to:
1) Market increases for both material and labor from the post-pandemic revival and the recovering economy
2) Supply chain shortages
3) Influx of transportation funding through the new Bipartisan Infrastructure Law and State Senate Bill 1, which result in higher demand. This is a natural bid-environment change when a significant amount of Federal/State funding is available.

9 350

DISCUSSION

To fund the project, Staff is recommending $284,600 be reallocated from CIP project 133105, Rose Avenue Sidewalk. Rose Avenue Sidewalk (from Ventura Boulevard to Collins Street), has been postponed due to SCE delays to right of way acquisition related to pole relocation.

In addition, Staff is recommending $359,416 be reallocated from CIP project 223102, Arterial Street Resurfacing. There is resurfacing and roadway work within the Ventura Boulevard Sidewalk project to accommodate the Class II bikeway.

Shifting funds from projects 133105 and 223102 allows the City to fully fund project 133107, which has $1.7m of grant funding. If the grant-funded project does not proceed, those funds will be lost. 10 351

FINANCIAL IMPACT

Ventura Boulevard Sidewalk Project No. 133107 has a total available project budget balance of $2,249,839 as of October 10, 2022.

11 Total Available Budget after appropriation $3,022,339 352
QUESTIONS?
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Oxnard City CouncilNovember 15, 2022

Oxnard City Council
November 15, 2022