Cities Index.
Agenda packet

Oxnard City Council
December 20, 2022

Document
Agenda packet
Meeting
December 20, 2022
Body
Oxnard City Council
Pages
9
Original file
94.0 MB
Text extracted from the city's file for reading and search. Open the original on oxnardca.api.civicclerk.com. That file is the official record.

ENGINEERING AND TRAFFIC SURVEY
Street: From/To:

Survey date: 5/3/2022 Day: Tuesday Hours: 3:00-3:35PM 0 0 Location of survey:

SPEED DATA
50th Percentile Speed (mph) 39 Existing Speed Zone 35 mph 85th Percentile Speed (mph) 46 Proposed Speed Zone 35 mph 10 mph Pace Speed (mph) 33 To 42 Justification
Percentage of Vehicles in Pace 56.3%
COLLISION HISTORY (2017-2019)
Number of Years 3 years
Total Collisions (Midblock) 3
No. with Speed violations 1
Predominant type
Collision Rate (ACC/MVM) 0.73
Expected Collision Rate (ACC/MVM) 0.82

TRAFFIC FACTORS
Average Daily Traffic 5000
Traffic Control Type Traffic signal

ROADWAY CHARACTERISTICS
Segment Length (Feet) 3975
Vertical/Horizontal Alignment None
Road Width 23'
Parking Restriction None
No. Lanes and Median 1/direction
Improvement (SW, C & G) None
Bicycle lanes/Type None
Crosswalks/Type
Adjacent Land use Farm Land /Residential
Comments
ID:

Teal Club Rd Patterson Rd / Ventura Rd
1000 ft W of Ventura Rd
CVC 22358.8 (a), no shoulder/open ditch,
keep existing speed limit
380
CITY OF OXNARD - PUBLIC WORKS DEPT./TRAFFIC DIV. SPOT SPEED STUDY Street: Teal Club Rd
Location: 1000 ft W of Ventura Rd
Between: Patterson Rd / Ventura Rd Ref. # 139
Cumulative Date: 5/3/2022 Day: Tuesday
Speed Frequency Percent Percent Weather: Clear
15 0 0.00% 0.00% Hours:
16 0 0.00% 0.00% Recorder: AY
17 0 0.00% 0.00% Posted Speed: 35 mph
18 0 0.00% 0.00% Remarks:
19 0 0.00% 0.00%
20 0 0.00% 0.00%
21 0 0.00% 0.00%
22 0 0.00% 0.00% DATA ANALYSIS:
23 0 0.00% 0.00% Mean Speed: 39
24 0 0.00% 0.00% Standard Deviation: 6
25 0 0.00% 0.00% Standard error of the mean: 0.55
26 0 0.00% 0.00% 50th Percentile: 39
27 1 0.84% 0.84% 85th Percentile: 46
28 1 0.84% 1.68% 97th Percentile: 52
29 4 3.36% 5.04% 10 Mile Pace: 33 to 42
30 4 3.36% 8.40% % of Samples in 10-Mile Pace: 56.30%
31 3 2.52% 10.92% Comments:
32 6 5.04% 15.97%
33 10 8.40% 24.37%
34 9 7.56% 31.93%
35 3 2.52% 34.45%
36 7 5.88% 40.34%
37 3 2.52% 42.86%
38 4 3.36% 46.22%
39 13 10.92% 57.14%
40 5 4.20% 61.34% S
41 2 1.68% 63.03%
42 11 9.24% 72.27%
43 5 4.20% 76.47%
44 4 3.36% 79.83%
45 6 5.04% 84.87%
46 6 5.04% 89.92%
47 0 0.00% 89.92%
48 3 2.52% 92.44%
49 2 1.68% 94.12%
50 1 0.84% 94.96%
51 2 1.68% 96.64%
52 2 1.68% 98.32%
53 0 0.00% 98.32%
54 0 0.00% 98.32%
55 0 0.00% 98.32%
56 0 0.00% 98.32%
57 0 0.00% 98.32%
58 2 1.68% 100.00%
59 0 0.00% 100.00%
Total: 119 100%
spd_form.xls
3:00-3:35PM
0%
20%
40%
60%
80%
100%
120%Cumulative Frequency
Spot Speed, mph
Cumulative Frequency Distribution
0 2
4 6
8 10
12 14Frequency
Spot Speed, mph
Frequency Distribution
381
CITY OF OXNARD 140

ENGINEERING AND TRAFFIC SURVEY
Street: From/To:

Survey date: 4/5/2022 Day: Tuesday Hours: 9:05-9:35AM 0 0 Location of survey:

SPEED DATA
50th Percentile Speed (mph) 37 Existing Speed Zone 35 mph 85th Percentile Speed (mph) 41 Proposed Speed Zone 35 mph 10 mph Pace Speed (mph) 33 To 42 Justification
Percentage of Vehicles in Pace 81.0%
COLLISION HISTORY (2017-2019)
Number of Years 3 years
Total Collisions (Midblock) 0
No. with Speed violations 0
Predominant type
Collision Rate (ACC/MVM) 0.00
Expected Collision Rate (ACC/MVM) 1.17

TRAFFIC FACTORS
Average Daily Traffic 13000
Traffic Control Type Traffic signal

ROADWAY CHARACTERISTICS
Segment Length (Feet) 3030
Vertical/Horizontal Alignment Hoizontal (A St /Garfield) Road Width 57'
Parking Restriction No parking S/S
No. Lanes and Median 1/WB, 2/EB, TWLT
Improvement (SW, C & G) Yes, No SW on bridge
Bicycle lanes/Type None
Crosswalks/Type
Adjacent Land use Residential /Industrial
Comments
ID:

Third Street A St / Juanita Ave
Roosevelt Ave
CVC 22358.8 (a), Keep existing speed limit
382
CITY OF OXNARD - PUBLIC WORKS DEPT./TRAFFIC DIV. SPOT SPEED STUDY Street: Third Street
Location: Roosevelt Ave
Between: A St / Juanita Ave Ref. # 140
Cumulative Date: 4/5/2022 Day: Tuesday
Speed Frequency Percent Percent Weather: Clear
15 0 0.00% 0.00% Hours:
16 0 0.00% 0.00% Recorder: EY
17 0 0.00% 0.00% Posted Speed: 35 mph
18 0 0.00% 0.00% Remarks:
19 0 0.00% 0.00%
20 0 0.00% 0.00%
21 0 0.00% 0.00%
22 0 0.00% 0.00% DATA ANALYSIS:
23 0 0.00% 0.00% Mean Speed: 37
24 0 0.00% 0.00% Standard Deviation: 4
25 0 0.00% 0.00% Standard error of the mean: 0.34
26 1 0.70% 0.70% 50th Percentile: 37
27 0 0.00% 0.70% 85th Percentile: 41
28 1 0.70% 1.41% 97th Percentile: 46
29 3 2.11% 3.52% 10 Mile Pace: 33 to 42
30 2 1.41% 4.93% % of Samples in 10-Mile Pace: 80.99%
31 5 3.52% 8.45% Comments:
32 4 2.82% 11.27%
33 10 7.04% 18.31%
34 10 7.04% 25.35%
35 4 2.82% 28.17%
36 23 16.20% 44.37%
37 13 9.15% 53.52%
38 9 6.34% 59.86%
39 15 10.56% 70.42%
40 14 9.86% 80.28% S
41 10 7.04% 87.32%
42 7 4.93% 92.25%
43 2 1.41% 93.66%
44 2 1.41% 95.07%
45 2 1.41% 96.48%
46 1 0.70% 97.18%
47 0 0.00% 97.18%
48 2 1.41% 98.59%
49 2 1.41% 100.00%
50 0 0.00% 100.00%
51 0 0.00% 100.00%
52 0 0.00% 100.00%
53 0 0.00% 100.00%
54 0 0.00% 100.00%
55 0 0.00% 100.00%
56 0 0.00% 100.00%
57 0 0.00% 100.00%
58 0 0.00% 100.00%
59 0 0.00% 100.00%
Total: 142 100%
spd_form.xls
9:05-9:35AM
0%
20%
40%
60%
80%
100%
120%Cumulative Frequency
Spot Speed, mph
Cumulative Frequency Distribution
0 5
10 15
20 25Frequency
Spot Speed, mph
Frequency Distribution
383
CITY OF OXNARD 141

ENGINEERING AND TRAFFIC SURVEY
Street: From/To:

Survey date: 5/17/2022 Day: Tuesday Hours: 3:40-4:10PM 0 0 Location of survey:

SPEED DATA
50th Percentile Speed (mph) 40 Existing Speed Zone 40 mph 85th Percentile Speed (mph) 44 Proposed Speed Zone 40 mph 10 mph Pace Speed (mph) 35 To 44 Justification
Percentage of Vehicles in Pace 86.0%
COLLISION HISTORY (2017-2019)
Number of Years 3 years
Total Collisions (Midblock) 4
No. with Speed violations 2
Predominant type
Collision Rate (ACC/MVM) 0.56
Expected Collision Rate (ACC/MVM) 0.90

TRAFFIC FACTORS
Average Daily Traffic 13000
Traffic Control Type Traffic signal

ROADWAY CHARACTERISTICS
Segment Length (Feet) 2645
Vertical/Horizontal Alignment None
Road Width 71'
Parking Restriction No parking
No. Lanes and Median 2/direction, Raised
Improvement (SW, C & G) Yes
Bicycle lanes/Type None
Crosswalks/Type
Adjacent Land use Residential /Industrial
Comments
ID:

Third St Juanita Ave /Rose Ave
0 CVC 22358.6
384
CITY OF OXNARD - PUBLIC WORKS DEPT./TRAFFIC DIV. SPOT SPEED STUDY Street: Third St
Location:

Between: Juanita Ave /Rose Ave Ref. # 141
Cumulative Date: 5/17/2022 Day: Tuesday
Speed Frequency Percent Percent Weather: Clear
15 0 0.00% 0.00% Hours:
16 0 0.00% 0.00% Recorder: EY
17 0 0.00% 0.00% Posted Speed: 40 mph
18 0 0.00% 0.00% Remarks:
19 0 0.00% 0.00%
20 0 0.00% 0.00%
21 0 0.00% 0.00%
22 0 0.00% 0.00% DATA ANALYSIS:
23 0 0.00% 0.00% Mean Speed: 40
24 0 0.00% 0.00% Standard Deviation: 4
25 0 0.00% 0.00% Standard error of the mean: 0.32
26 0 0.00% 0.00% 50th Percentile: 40
27 0 0.00% 0.00% 85th Percentile: 44
28 0 0.00% 0.00% 97th Percentile: 47
29 0 0.00% 0.00% 10 Mile Pace: 35 to 44
30 0 0.00% 0.00% % of Samples in 10-Mile Pace: 85.99%
31 0 0.00% 0.00% Comments:
32 0 0.00% 0.00%
33 3 1.91% 1.91%
34 3 1.91% 3.82%
35 9 5.73% 9.55%
36 10 6.37% 15.92%
37 12 7.64% 23.57%
38 18 11.46% 35.03%
39 21 13.38% 48.41%
40 16 10.19% 58.60% S
41 18 11.46% 70.06%
42 13 8.28% 78.34%
43 9 5.73% 84.08%
44 9 5.73% 89.81%
45 5 3.18% 92.99%
46 6 3.82% 96.82%
47 1 0.64% 97.45%
48 1 0.64% 98.09%
49 0 0.00% 98.09%
50 1 0.64% 98.73%
51 0 0.00% 98.73%
52 2 1.27% 100.00%
53 0 0.00% 100.00%
54 0 0.00% 100.00%
55 0 0.00% 100.00%
56 0 0.00% 100.00%
57 0 0.00% 100.00%
58 0 0.00% 100.00%
59 0 0.00% 100.00%
Total: 157 100%
spd_form.xls
3:40-4:10PM
0%
20%
40%
60%
80%
100%
120%Cumulative Frequency
Spot Speed, mph
Cumulative Frequency Distribution
0 5
10 15
20 25Frequency
Spot Speed, mph
Frequency Distribution
385
CITY OF OXNARD 142

ENGINEERING AND TRAFFIC SURVEY
Street: From/To:

Survey date: 4/14/2022 Day: Thursday Hours: 3:35-3:50PM 0 0 Location of survey:

SPEED DATA
50th Percentile Speed (mph) 36 Existing Speed Zone 35 mph 85th Percentile Speed (mph) 39 Proposed Speed Zone 35 mph 10 mph Pace Speed (mph) 31 To 40 Justification
Percentage of Vehicles in Pace 81.4%
COLLISION HISTORY (2017-2019)
Number of Years 3 years
Total Collisions (Midblock) 4
No. with Speed violations 1
Predominant type
Collision Rate (ACC/MVM) 0.86
Expected Collision Rate (ACC/MVM) 1.17

TRAFFIC FACTORS
Average Daily Traffic 4515
Traffic Control Type Traffic signal

ROADWAY CHARACTERISTICS
Segment Length (Feet) 4955
Vertical/Horizontal Alignment Horizontal (Paseo Mercado /Auto Center) Road Width 78'-43'
Parking Restriction Partial No parking
No. Lanes and Median 2-1/direction, TWLT
Improvement (SW, C & G) Yes
Bicycle lanes/Type None
Crosswalks/Type
Adjacent Land use Industrial /Commercial
Comments
ID:

Ventura Blvd Auto Center Dr / Santa Clara Ave
0 CVC 22358.6
386
CITY OF OXNARD - PUBLIC WORKS DEPT./TRAFFIC DIV. SPOT SPEED STUDY Street: Ventura Blvd
Location:

Between: Auto Center Dr / Santa Clara Ave Ref. # 142
Cumulative Date: 4/14/2022 Day: Thursday
Speed Frequency Percent Percent Weather: Clear
15 0 0.00% 0.00% Hours:
16 0 0.00% 0.00% Recorder: EY /AY
17 0 0.00% 0.00% Posted Speed: 35 mph
18 0 0.00% 0.00% Remarks:
19 0 0.00% 0.00%
20 0 0.00% 0.00%
21 0 0.00% 0.00%
22 0 0.00% 0.00% DATA ANALYSIS:
23 1 0.78% 0.78% Mean Speed: 36
24 0 0.00% 0.78% Standard Deviation: 4
25 0 0.00% 0.78% Standard error of the mean: 0.35
26 1 0.78% 1.55% 50th Percentile: 36
27 1 0.78% 2.33% 85th Percentile: 39
28 1 0.78% 3.10% 97th Percentile: 46
29 5 3.88% 6.98% 10 Mile Pace: 31 to 40
30 1 0.78% 7.75% % of Samples in 10-Mile Pace: 81.40%
31 6 4.65% 12.40% Comments:
32 6 4.65% 17.05%
33 9 6.98% 24.03%
34 14 10.85% 34.88%
35 11 8.53% 43.41%
36 20 15.50% 58.91%
37 20 15.50% 74.42%
38 9 6.98% 81.40%
39 5 3.88% 85.27%
40 5 3.88% 89.15% S
41 4 3.10% 92.25%
42 4 3.10% 95.35%
43 1 0.78% 96.12%
44 1 0.78% 96.90%
45 0 0.00% 96.90%
46 1 0.78% 97.67%
47 1 0.78% 98.45%
48 0 0.00% 98.45%
49 0 0.00% 98.45%
50 0 0.00% 98.45%
51 0 0.00% 98.45%
52 0 0.00% 98.45%
53 2 1.55% 100.00%
54 0 0.00% 100.00%
55 0 0.00% 100.00%
56 0 0.00% 100.00%
57 0 0.00% 100.00%
58 0 0.00% 100.00%
59 0 0.00% 100.00%
Total: 129 100%
spd_form.xls
3:35-3:50PM
0%
20%
40%
60%
80%
100%
120%Cumulative Frequency
Spot Speed, mph
Cumulative Frequency Distribution
0 5
10 15
20 25Frequency
Spot Speed, mph
Frequency Distribution
387
CITY OF OXNARD 143

ENGINEERING AND TRAFFIC SURVEY
Street: From/To:

Survey date: 4/26/2022 Day: Tuesday Hours: 3:30-4:00PM 0 0 Location of survey:

SPEED DATA
50th Percentile Speed (mph) 34 Existing Speed Zone 40 mph 85th Percentile Speed (mph) 38 Proposed Speed Zone 35 mph 10 mph Pace Speed (mph) 29 To 38 Justification
Percentage of Vehicles in Pace 81.5%
COLLISION HISTORY (2017-2019)
Number of Years 3 years
Total Collisions (Midblock) 2
No. with Speed violations 0
Predominant type
Collision Rate (ACC/MVM) 0.78
Expected Collision Rate (ACC/MVM) 0.82

TRAFFIC FACTORS
Average Daily Traffic 5000
Traffic Control Type Traffic signal

ROADWAY CHARACTERISTICS
Segment Length (Feet) 2470
Vertical/Horizontal Alignment Horizontal
Road Width 48'-34'
Parking Restriction No parking
No. Lanes and Median 1/direction, Painted
Improvement (SW, C & G) C&G all except N/S Cortez /Balboa, SW partial Bicycle lanes/Type None
Crosswalks/Type
Adjacent Land use Industrial
Comments
ID:

Ventura Blvd Vineyard Ave / Balboa St
at Cortez St
CVC 22358.6, Reduce speed limit
388
CITY OF OXNARD - PUBLIC WORKS DEPT./TRAFFIC DIV. SPOT SPEED STUDY Street: Ventura Blvd
Location: at Cortez St
Between: Vineyard Ave / Balboa St Ref. # 143
Cumulative Date: 4/26/2022 Day: Tuesday
Speed Frequency Percent Percent Weather: Clear
15 0 0.00% 0.00% Hours:
16 0 0.00% 0.00% Recorder: EY
17 0 0.00% 0.00% Posted Speed: 40 mph
18 0 0.00% 0.00% Remarks:
19 0 0.00% 0.00%
20 0 0.00% 0.00%
21 0 0.00% 0.00%
22 0 0.00% 0.00% DATA ANALYSIS:
23 0 0.00% 0.00% Mean Speed: 34
24 0 0.00% 0.00% Standard Deviation: 4
25 0 0.00% 0.00% Standard error of the mean: 0.3
26 3 1.73% 1.73% 50th Percentile: 34
27 2 1.16% 2.89% 85th Percentile: 38
28 4 2.31% 5.20% 97th Percentile: 42
29 7 4.05% 9.25% 10 Mile Pace: 29 to 38
30 9 5.20% 14.45% % of Samples in 10-Mile Pace: 81.50%
31 6 3.47% 17.92% Comments:
32 17 9.83% 27.75%
33 24 13.87% 41.62%
34 19 10.98% 52.60%
35 17 9.83% 62.43%
36 25 14.45% 76.88%
37 11 6.36% 83.24%
38 6 3.47% 86.71%
39 7 4.05% 90.75%
40 5 2.89% 93.64% S
41 2 1.16% 94.80%
42 5 2.89% 97.69%
43 1 0.58% 98.27%
44 1 0.58% 98.84%
45 1 0.58% 99.42%
46 1 0.58% 100.00%
47 0 0.00% 100.00%
48 0 0.00% 100.00%
49 0 0.00% 100.00%
50 0 0.00% 100.00%
51 0 0.00% 100.00%
52 0 0.00% 100.00%
53 0 0.00% 100.00%
54 0 0.00% 100.00%
55 0 0.00% 100.00%
56 0 0.00% 100.00%
57 0 0.00% 100.00%
58 0 0.00% 100.00%
59 0 0.00% 100.00%
Total: 173 100%
spd_form.xls
3:30-4:00PM
0%
20%
40%
60%
80%
100%
120%Cumulative Frequency
Spot Speed, mph
Cumulative Frequency Distribution
0 5
10 15
20 25
30Frequency
Spot Speed, mph
Frequency Distribution
389
CITY OF OXNARD 144

ENGINEERING AND TRAFFIC SURVEY
Street: From/To:

Survey date: 4/26/2022 Day: Tuesday Hours: 3:30-4:00PM 0 0 Location of survey:

SPEED DATA
50th Percentile Speed (mph) 38 Existing Speed Zone 40 mph 85th Percentile Speed (mph) 42 Proposed Speed Zone 40 mph 10 mph Pace Speed (mph) 34 To 43 Justification
Percentage of Vehicles in Pace 76.2%
COLLISION HISTORY (2017-2019)
Number of Years 3 years
Total Collisions (Midblock) 8
No. with Speed violations 1
Predominant type
Collision Rate (ACC/MVM) 2.09
Expected Collision Rate (ACC/MVM) 0.82

TRAFFIC FACTORS
Average Daily Traffic 5000
Traffic Control Type Traffic signal

ROADWAY CHARACTERISTICS
Segment Length (Feet) 3700
Vertical/Horizontal Alignment Horizontal
Road Width 34'
Parking Restriction No parking
No. Lanes and Median 1/direction, Painted
Improvement (SW, C & G) C&G&SW partial
Bicycle lanes/Type None
Crosswalks/Type
Adjacent Land use Industrial /Residential
Comments
ID:

Ventura Blvd Balboa St / Rose Ave
at Alvarado St
85th percentile speed
390
CITY OF OXNARD - PUBLIC WORKS DEPT./TRAFFIC DIV. SPOT SPEED STUDY Street: Ventura Blvd
Location: at Alvarado St
Between: Balboa St / Rose Ave Ref. # 144
Cumulative Date: 4/26/2022 Day: Tuesday
Speed Frequency Percent Percent Weather: Clear
15 0 0.00% 0.00% Hours:
16 0 0.00% 0.00% Recorder: AY
17 0 0.00% 0.00% Posted Speed: 40 mph
18 0 0.00% 0.00% Remarks:
19 0 0.00% 0.00%
20 0 0.00% 0.00%
21 0 0.00% 0.00%
22 0 0.00% 0.00% DATA ANALYSIS:
23 0 0.00% 0.00% Mean Speed: 38
24 0 0.00% 0.00% Standard Deviation: 4
25 0 0.00% 0.00% Standard error of the mean: 0.33
26 0 0.00% 0.00% 50th Percentile: 38
27 0 0.00% 0.00% 85th Percentile: 42
28 0 0.00% 0.00% 97th Percentile: 46
29 3 2.04% 2.04% 10 Mile Pace: 34 to 43
30 5 3.40% 5.44% % of Samples in 10-Mile Pace: 76.19%
31 4 2.72% 8.16% Comments:
32 5 3.40% 11.56%
33 8 5.44% 17.01%
34 10 6.80% 23.81%
35 9 6.12% 29.93%
36 14 9.52% 39.46%
37 7 4.76% 44.22%
38 13 8.84% 53.06%
39 17 11.56% 64.63%
40 11 7.48% 72.11% S
41 9 6.12% 78.23%
42 13 8.84% 87.07%
43 9 6.12% 93.20%
44 5 3.40% 96.60%
45 0 0.00% 96.60%
46 2 1.36% 97.96%
47 2 1.36% 99.32%
48 0 0.00% 99.32%
49 1 0.68% 100.00%
50 0 0.00% 100.00%
51 0 0.00% 100.00%
52 0 0.00% 100.00%
53 0 0.00% 100.00%
54 0 0.00% 100.00%
55 0 0.00% 100.00%
56 0 0.00% 100.00%
57 0 0.00% 100.00%
58 0 0.00% 100.00%
59 0 0.00% 100.00%
Total: 147 100%
spd_form.xls
3:30-4:00PM
0%
20%
40%
60%
80%
100%
120%Cumulative Frequency
Spot Speed, mph
Cumulative Frequency Distribution
0 2
4 6
8 10
12 14
16 18Frequency
Spot Speed, mph
Frequency Distribution
391
CITY OF OXNARD 145

ENGINEERING AND TRAFFIC SURVEY
Street: From/To:

Survey date: 4/14/2022 Day: Thursday Hours: 12:50-1:10PM 0 0 Location of survey:

SPEED DATA
50th Percentile Speed (mph) 41 Existing Speed Zone 45 mph 85th Percentile Speed (mph) 45 Proposed Speed Zone 45 mph 10 mph Pace Speed (mph) 37 To 46 Justification
Percentage of Vehicles in Pace 82.2%
COLLISION HISTORY (2017-2019)
Number of Years 3 years
Total Collisions (Midblock) 5
No. with Speed violations 1
Predominant type
Collision Rate (ACC/MVM) 0.40
Expected Collision Rate (ACC/MVM) 0.90

TRAFFIC FACTORS
Average Daily Traffic 30250
Traffic Control Type Traffic signal

ROADWAY CHARACTERISTICS
Segment Length (Feet) 1980
Vertical/Horizontal Alignment Vertical, Slight (Channel Islands /Bay) Road Width 84'-90'
Parking Restriction No parking Partial
No. Lanes and Median 2/direction, Raised
Improvement (SW, C & G) C&G. No SW W/S (Bay /Hemlock)
Bicycle lanes/Type None
Crosswalks/Type
Adjacent Land use Commercial /Residential
Comments
ID:

Ventura Rd Channel Islands Blvd / Hemlock St
at Bay Bl
85th percentile speed
392
CITY OF OXNARD - PUBLIC WORKS DEPT./TRAFFIC DIV. SPOT SPEED STUDY Street: Ventura Rd
Location: at Bay Bl
Between: Channel Islands Blvd / Hemlock St Ref. # 145
Cumulative Date: 4/14/2022 Day: Thursday
Speed Frequency Percent Percent Weather: Clear
15 0 0.00% 0.00% Hours:
16 0 0.00% 0.00% Recorder: EY /AY
17 0 0.00% 0.00% Posted Speed: 45 mph
18 0 0.00% 0.00% Remarks:
19 0 0.00% 0.00%
20 0 0.00% 0.00%
21 0 0.00% 0.00%
22 0 0.00% 0.00% DATA ANALYSIS:
23 0 0.00% 0.00% Mean Speed: 41
24 0 0.00% 0.00% Standard Deviation: 4
25 0 0.00% 0.00% Standard error of the mean: 0.32
26 0 0.00% 0.00% 50th Percentile: 41
27 0 0.00% 0.00% 85th Percentile: 45
28 0 0.00% 0.00% 97th Percentile: 48
29 0 0.00% 0.00% 10 Mile Pace: 37 to 46
30 0 0.00% 0.00% % of Samples in 10-Mile Pace: 82.24%
31 0 0.00% 0.00% Comments:
32 0 0.00% 0.00%
33 2 1.32% 1.32%
34 3 1.97% 3.29%
35 4 2.63% 5.92%
36 4 2.63% 8.55%
37 7 4.61% 13.16%
38 11 7.24% 20.39%
39 26 17.11% 37.50%
40 12 7.89% 45.39% S
41 11 7.24% 52.63%
42 21 13.82% 66.45%
43 14 9.21% 75.66%
44 7 4.61% 80.26%
45 9 5.92% 86.18%
46 7 4.61% 90.79%
47 5 3.29% 94.08%
48 5 3.29% 97.37%
49 1 0.66% 98.03%
50 2 1.32% 99.34%
51 1 0.66% 100.00%
52 0 0.00% 100.00%
53 0 0.00% 100.00%
54 0 0.00% 100.00%
55 0 0.00% 100.00%
56 0 0.00% 100.00%
57 0 0.00% 100.00%
58 0 0.00% 100.00%
59 0 0.00% 100.00%
Total: 152 100%
spd_form.xls
12:50-1:10PM
0%
20%
40%
60%
80%
100%
120%Cumulative Frequency
Spot Speed, mph
Cumulative Frequency Distribution
0 5
10 15
20 25
30Frequency
Spot Speed, mph
Frequency Distribution
393
CITY OF OXNARD 146

ENGINEERING AND TRAFFIC SURVEY
Street: From/To:

Survey date: 4/14/2022 Day: Thursday Hours: 12:30-12:45PM 0 0 Location of survey:

SPEED DATA
50th Percentile Speed (mph) 42 Existing Speed Zone 45 mph 85th Percentile Speed (mph) 46 Proposed Speed Zone 45 mph 10 mph Pace Speed (mph) 36 To 45 Justification
Percentage of Vehicles in Pace 82.0%
COLLISION HISTORY (2017-2019)
Number of Years 3 years
Total Collisions (Midblock) 11
No. with Speed violations 2
Predominant type
Collision Rate (ACC/MVM) 0.51
Expected Collision Rate (ACC/MVM) 0.90

TRAFFIC FACTORS
Average Daily Traffic 31249
Traffic Control Type Traffic signal

ROADWAY CHARACTERISTICS
Segment Length (Feet) 3300
Vertical/Horizontal Alignment None
Road Width 63'
Parking Restriction No parking
No. Lanes and Median 2/direction, Raised
Improvement (SW, C & G) C&G. No SW (SW on Frontage Road E/S) Bicycle lanes/Type None
Crosswalks/Type
Adjacent Land use Residential
Comments RR crossing at Wooley
ID:

Ventura Rd Hemlock St / Wooley Rd
at Hill St
85th percentile speed
394
CITY OF OXNARD - PUBLIC WORKS DEPT./TRAFFIC DIV. SPOT SPEED STUDY Street: Ventura Rd
Location: at Hill St
Between: Hemlock St / Wooley Rd Ref. # 146
Cumulative Date: 4/14/2022 Day: Thursday
Speed Frequency Percent Percent Weather: Clear
15 0 0.00% 0.00% Hours:
16 0 0.00% 0.00% Recorder: EY /AY
17 0 0.00% 0.00% Posted Speed: 45 mph
18 0 0.00% 0.00% Remarks:
19 0 0.00% 0.00%
20 0 0.00% 0.00%
21 0 0.00% 0.00%
22 0 0.00% 0.00% DATA ANALYSIS:
23 0 0.00% 0.00% Mean Speed: 42
24 0 0.00% 0.00% Standard Deviation: 4
25 0 0.00% 0.00% Standard error of the mean: 0.34
26 0 0.00% 0.00% 50th Percentile: 42
27 0 0.00% 0.00% 85th Percentile: 46
28 0 0.00% 0.00% 97th Percentile: 49
29 0 0.00% 0.00% 10 Mile Pace: 36 to 45
30 0 0.00% 0.00% % of Samples in 10-Mile Pace: 82.01%
31 0 0.00% 0.00% Comments:
32 0 0.00% 0.00%
33 2 1.44% 1.44%
34 1 0.72% 2.16%
35 1 0.72% 2.88%
36 6 4.32% 7.19%
37 5 3.60% 10.79%
38 6 4.32% 15.11%
39 15 10.79% 25.90%
40 10 7.19% 33.09% S
41 17 12.23% 45.32%
42 23 16.55% 61.87%
43 16 11.51% 73.38%
44 9 6.47% 79.86%
45 7 5.04% 84.89%
46 5 3.60% 88.49%
47 5 3.60% 92.09%
48 4 2.88% 94.96%
49 3 2.16% 97.12%
50 0 0.00% 97.12%
51 2 1.44% 98.56%
52 1 0.72% 99.28%
53 0 0.00% 99.28%
54 1 0.72% 100.00%
55 0 0.00% 100.00%
56 0 0.00% 100.00%
57 0 0.00% 100.00%
58 0 0.00% 100.00%
59 0 0.00% 100.00%
Total: 139 100%
spd_form.xls
12:30-12:45PM
0%
20%
40%
60%
80%
100%
120%Cumulative Frequency
Spot Speed, mph
Cumulative Frequency Distribution
0 5
10 15
20 25Frequency
Spot Speed, mph
Frequency Distribution
395
CITY OF OXNARD 147

ENGINEERING AND TRAFFIC SURVEY
Street: From/To:

Survey date: 4/14/2022 Day: Thursday Hours: 11:45A-12:05P 0 0 Location of survey:

SPEED DATA
50th Percentile Speed (mph) 43 Existing Speed Zone 45 mph 85th Percentile Speed (mph) 46 Proposed Speed Zone 45 mph 10 mph Pace Speed (mph) 37 To 46 Justification
Percentage of Vehicles in Pace 83.9%
COLLISION HISTORY (2017-2019)
Number of Years 3 years
Total Collisions (Midblock) 14
No. with Speed violations 6
Predominant type
Collision Rate (ACC/MVM) 0.77
Expected Collision Rate (ACC/MVM) 1.00

TRAFFIC FACTORS
Average Daily Traffic 32186
Traffic Control Type Traffic signal

ROADWAY CHARACTERISTICS
Segment Length (Feet) 2725
Vertical/Horizontal Alignment None
Road Width 95'
Parking Restriction No parking
No. Lanes and Median 3/NB, 3-2/SB, Raised
Improvement (SW, C & G) Yes
Bicycle lanes/Type None
Crosswalks/Type
Adjacent Land use Residential /Commercial
Comments
ID:

Ventura Rd Wooley Rd / Fifth St
at Ninth St
85th percentile speed
396
CITY OF OXNARD - PUBLIC WORKS DEPT./TRAFFIC DIV. SPOT SPEED STUDY Street: Ventura Rd
Location: at Ninth St
Between: Wooley Rd / Fifth St Ref. # 147
Cumulative Date: 4/14/2022 Day: Thursday
Speed Frequency Percent Percent Weather: Clear
15 0 0.00% 0.00% Hours:
16 0 0.00% 0.00% Recorder: EY /AY
17 0 0.00% 0.00% Posted Speed: 45 mph
18 0 0.00% 0.00% Remarks:
19 0 0.00% 0.00%
20 0 0.00% 0.00%
21 0 0.00% 0.00%
22 0 0.00% 0.00% DATA ANALYSIS:
23 0 0.00% 0.00% Mean Speed: 43
24 0 0.00% 0.00% Standard Deviation: 4
25 0 0.00% 0.00% Standard error of the mean: 0.32
26 0 0.00% 0.00% 50th Percentile: 43
27 0 0.00% 0.00% 85th Percentile: 46
28 0 0.00% 0.00% 97th Percentile: 52
29 0 0.00% 0.00% 10 Mile Pace: 37 to 46
30 0 0.00% 0.00% % of Samples in 10-Mile Pace: 83.87%
31 0 0.00% 0.00% Comments:
32 0 0.00% 0.00%
33 1 0.65% 0.65%
34 0 0.00% 0.65%
35 1 0.65% 1.29%
36 2 1.29% 2.58%
37 5 3.23% 5.81%
38 6 3.87% 9.68%
39 15 9.68% 19.35%
40 8 5.16% 24.52% S
41 12 7.74% 32.26%
42 17 10.97% 43.23%
43 15 9.68% 52.90%
44 17 10.97% 63.87%
45 16 10.32% 74.19%
46 19 12.26% 86.45%
47 4 2.58% 89.03%
48 5 3.23% 92.26%
49 3 1.94% 94.19%
50 1 0.65% 94.84%
51 2 1.29% 96.13%
52 3 1.94% 98.06%
53 0 0.00% 98.06%
54 1 0.65% 98.71%
55 0 0.00% 98.71%
56 0 0.00% 98.71%
57 2 1.29% 100.00%
58 0 0.00% 100.00%
59 0 0.00% 100.00%
Total: 155 100%
spd_form.xls
11:45A-12:05P
0%
20%
40%
60%
80%
100%
120%Cumulative Frequency
Spot Speed, mph
Cumulative Frequency Distribution
0 2
4 6
8 10
12 14
16 18
20Frequency
Spot Speed, mph
Frequency Distribution
397
CITY OF OXNARD 148

ENGINEERING AND TRAFFIC SURVEY
Street: From/To:

Survey date: 4/14/2022 Day: Thursday Hours: 11:25-11:40AM 0 0 Location of survey:

SPEED DATA
50th Percentile Speed (mph) 45 Existing Speed Zone 45 mph 85th Percentile Speed (mph) 48 Proposed Speed Zone 45 mph 10 mph Pace Speed (mph) 40 To 49 Justification
Percentage of Vehicles in Pace 84.0%
COLLISION HISTORY (2017-2019)
Number of Years 3 years
Total Collisions (Midblock) 10
No. with Speed violations 4
Predominant type
Collision Rate (ACC/MVM) 0.79
Expected Collision Rate (ACC/MVM) 1.00

TRAFFIC FACTORS
Average Daily Traffic 32186
Traffic Control Type Traffic signal

ROADWAY CHARACTERISTICS
Segment Length (Feet) 1895
Vertical/Horizontal Alignment Vertical, slight
Road Width 102'
Parking Restriction No parking
No. Lanes and Median 3/NB, 2-3/SB, Raised
Improvement (SW, C & G) C&G&SW. No SW next to airport runway Bicycle lanes/Type Class II E/S
Crosswalks/Type
Adjacent Land use Commercial /Air Runway
Comments
ID:

Ventura Rd Fifth St / Second St
1000 ft S of Second St
CVC 22358.6
398
CITY OF OXNARD - PUBLIC WORKS DEPT./TRAFFIC DIV. SPOT SPEED STUDY Street: Ventura Rd
Location: 1000 ft S of Second St
Between: Fifth St / Second St Ref. # 148
Cumulative Date: 4/14/2022 Day: Thursday
Speed Frequency Percent Percent Weather: Clear
15 0 0.00% 0.00% Hours:
16 0 0.00% 0.00% Recorder: EY /AY
17 0 0.00% 0.00% Posted Speed: 45 mph
18 0 0.00% 0.00% Remarks:
19 0 0.00% 0.00%
20 0 0.00% 0.00%
21 0 0.00% 0.00%
22 0 0.00% 0.00% DATA ANALYSIS:
23 0 0.00% 0.00% Mean Speed: 44
24 0 0.00% 0.00% Standard Deviation: 4
25 0 0.00% 0.00% Standard error of the mean: 0.31
26 0 0.00% 0.00% 50th Percentile: 45
27 0 0.00% 0.00% 85th Percentile: 48
28 0 0.00% 0.00% 97th Percentile: 51
29 0 0.00% 0.00% 10 Mile Pace: 40 to 49
30 0 0.00% 0.00% % of Samples in 10-Mile Pace: 84.05%
31 0 0.00% 0.00% Comments:
32 0 0.00% 0.00%
33 0 0.00% 0.00%
34 0 0.00% 0.00%
35 3 1.84% 1.84%
36 3 1.84% 3.68%
37 4 2.45% 6.13%
38 2 1.23% 7.36%
39 5 3.07% 10.43%
40 7 4.29% 14.72% S
41 7 4.29% 19.02%
42 17 10.43% 29.45%
43 15 9.20% 38.65%
44 18 11.04% 49.69%
45 12 7.36% 57.06%
46 27 16.56% 73.62%
47 14 8.59% 82.21%
48 14 8.59% 90.80%
49 6 3.68% 94.48%
50 4 2.45% 96.93%
51 1 0.61% 97.55%
52 4 2.45% 100.00%
53 0 0.00% 100.00%
54 0 0.00% 100.00%
55 0 0.00% 100.00%
56 0 0.00% 100.00%
57 0 0.00% 100.00%
58 0 0.00% 100.00%
59 0 0.00% 100.00%
Total: 163 100%
spd_form.xls
11:25-11:40AM
0%
20%
40%
60%
80%
100%
120%Cumulative Frequency
Spot Speed, mph
Cumulative Frequency Distribution
0 5
10 15
20 25
30Frequency
Spot Speed, mph
Frequency Distribution
399
CITY OF OXNARD 149

ENGINEERING AND TRAFFIC SURVEY
Street: From/To:

Survey date: 4/14/2022 Day: Thursday Hours: 2:20-2:40PM 0 0 Location of survey:

SPEED DATA
50th Percentile Speed (mph) 44 Existing Speed Zone 45 mph 85th Percentile Speed (mph) 48 Proposed Speed Zone 45 mph 10 mph Pace Speed (mph) 39 To 48 Justification
Percentage of Vehicles in Pace 78.2%
COLLISION HISTORY (2017-2019)
Number of Years 3 years
Total Collisions (Midblock) 7
No. with Speed violations 5
Predominant type
Collision Rate (ACC/MVM) 0.45
Expected Collision Rate (ACC/MVM) 1.00

TRAFFIC FACTORS
Average Daily Traffic 37539
Traffic Control Type Traffic signal

ROADWAY CHARACTERISTICS
Segment Length (Feet) 2000
Vertical/Horizontal Alignment None
Road Width 63'
Parking Restriction No parking
No. Lanes and Median 2/ direction, Painted
Improvement (SW, C & G) C on W/S. SW on Frontage road E/S Bicycle lanes/Type None
Crosswalks/Type
Adjacent Land use Residential /Farm Land
Comments
ID:

Ventura Rd Second St / Doris Ave
s/o N Street
CVC 22358.6
400
CITY OF OXNARD - PUBLIC WORKS DEPT./TRAFFIC DIV. SPOT SPEED STUDY Street: Ventura Rd
Location: s/o N Street
Between: Second St / Doris Ave Ref. # 149
Cumulative Date: 4/14/2022 Day: Thursday
Speed Frequency Percent Percent Weather: Clear
15 0 0.00% 0.00% Hours:
16 0 0.00% 0.00% Recorder: EY /AY
17 0 0.00% 0.00% Posted Speed: 45 mph
18 0 0.00% 0.00% Remarks:
19 0 0.00% 0.00%
20 0 0.00% 0.00%
21 0 0.00% 0.00%
22 0 0.00% 0.00% DATA ANALYSIS:
23 0 0.00% 0.00% Mean Speed: 44
24 0 0.00% 0.00% Standard Deviation: 4
25 0 0.00% 0.00% Standard error of the mean: 0.31
26 0 0.00% 0.00% 50th Percentile: 44
27 0 0.00% 0.00% 85th Percentile: 48
28 0 0.00% 0.00% 97th Percentile: 51
29 0 0.00% 0.00% 10 Mile Pace: 39 to 48
30 0 0.00% 0.00% % of Samples in 10-Mile Pace: 78.24%
31 0 0.00% 0.00% Comments:
32 0 0.00% 0.00%
33 1 0.59% 0.59%
34 1 0.59% 1.18%
35 2 1.18% 2.35%
36 2 1.18% 3.53%
37 5 2.94% 6.47%
38 5 2.94% 9.41%
39 15 8.82% 18.24%
40 6 3.53% 21.76% S
41 10 5.88% 27.65%
42 18 10.59% 38.24%
43 13 7.65% 45.88%
44 16 9.41% 55.29%
45 13 7.65% 62.94%
46 18 10.59% 73.53%
47 15 8.82% 82.35%
48 9 5.29% 87.65%
49 8 4.71% 92.35%
50 5 2.94% 95.29%
51 3 1.76% 97.06%
52 2 1.18% 98.24%
53 1 0.59% 98.82%
54 1 0.59% 99.41%
55 0 0.00% 99.41%
56 0 0.00% 99.41%
57 0 0.00% 99.41%
58 1 0.59% 100.00%
59 0 0.00% 100.00%
Total: 170 100%
spd_form.xls
2:20-2:40PM
0%
20%
40%
60%
80%
100%
120%Cumulative Frequency
Spot Speed, mph
Cumulative Frequency Distribution
0 2
4 6
8 10
12 14
16 18
20Frequency
Spot Speed, mph
Frequency Distribution
401
CITY OF OXNARD 150

ENGINEERING AND TRAFFIC SURVEY
Street: From/To:

Survey date: 4/14/2022 Day: Thursday Hours: 9:32-9:50AM 0 0 Location of survey:

SPEED DATA
50th Percentile Speed (mph) 45 Existing Speed Zone 45 mph 85th Percentile Speed (mph) 48 Proposed Speed Zone 45 mph 10 mph Pace Speed (mph) 39 To 48 Justification
Percentage of Vehicles in Pace 81.5%
COLLISION HISTORY (2017-2019)
Number of Years 3 years
Total Collisions (Midblock) 15
No. with Speed violations 1
Predominant type
Collision Rate (ACC/MVM) 0.48
Expected Collision Rate (ACC/MVM) 1.00

TRAFFIC FACTORS
Average Daily Traffic 37539
Traffic Control Type Traffic signal

ROADWAY CHARACTERISTICS
Segment Length (Feet) 3980
Vertical/Horizontal Alignment Vertical E/S (Devonshire /Ivywood) Road Width 100'-80'
Parking Restriction No parking
No. Lanes and Median 2-3 direction, Raised
Improvement (SW, C & G) Yes
Bicycle lanes/Type None
Crosswalks/Type
Adjacent Land use Commercial /Residential
Comments
ID:

Ventura Rd Doris Ave / Gonzales Rd
at Ivywood Dr
CVC 22358.6
402
CITY OF OXNARD - PUBLIC WORKS DEPT./TRAFFIC DIV. SPOT SPEED STUDY Street: Ventura Rd
Location: at Ivywood Dr
Between: Doris Ave / Gonzales Rd Ref. # 150
Cumulative Date: 4/14/2022 Day: Thursday
Speed Frequency Percent Percent Weather: Clear
15 0 0.00% 0.00% Hours:
16 0 0.00% 0.00% Recorder: EY /AY
17 0 0.00% 0.00% Posted Speed: 45 mph
18 0 0.00% 0.00% Remarks:
19 0 0.00% 0.00%
20 0 0.00% 0.00%
21 0 0.00% 0.00%
22 0 0.00% 0.00% DATA ANALYSIS:
23 0 0.00% 0.00% Mean Speed: 45
24 0 0.00% 0.00% Standard Deviation: 4
25 0 0.00% 0.00% Standard error of the mean: 0.33
26 0 0.00% 0.00% 50th Percentile: 45
27 0 0.00% 0.00% 85th Percentile: 48
28 0 0.00% 0.00% 97th Percentile: 54
29 0 0.00% 0.00% 10 Mile Pace: 39 to 48
30 0 0.00% 0.00% % of Samples in 10-Mile Pace: 81.51%
31 0 0.00% 0.00% Comments:
32 0 0.00% 0.00%
33 0 0.00% 0.00%
34 0 0.00% 0.00%
35 0 0.00% 0.00%
36 2 1.37% 1.37%
37 0 0.00% 1.37%
38 4 2.74% 4.11%
39 10 6.85% 10.96%
40 4 2.74% 13.70% S
41 5 3.42% 17.12%
42 14 9.59% 26.71%
43 13 8.90% 35.62%
44 17 11.64% 47.26%
45 17 11.64% 58.90%
46 21 14.38% 73.29%
47 13 8.90% 82.19%
48 5 3.42% 85.62%
49 7 4.79% 90.41%
50 3 2.05% 92.47%
51 3 2.05% 94.52%
52 2 1.37% 95.89%
53 0 0.00% 95.89%
54 3 2.05% 97.95%
55 2 1.37% 99.32%
56 0 0.00% 99.32%
57 0 0.00% 99.32%
58 1 0.68% 100.00%
59 0 0.00% 100.00%
Total: 146 100%
spd_form.xls
9:32-9:50AM
0%
20%
40%
60%
80%
100%
120%Cumulative Frequency
Spot Speed, mph
Cumulative Frequency Distribution
0 5
10 15
20 25Frequency
Spot Speed, mph
Frequency Distribution
403
CITY OF OXNARD 151

ENGINEERING AND TRAFFIC SURVEY
Street: From/To:

Survey date: 3/17/2022 Day: Thursday Hours: 2:00-2:30PM 0 0 Location of survey:

SPEED DATA
50th Percentile Speed (mph) 43 Existing Speed Zone 45 mph 85th Percentile Speed (mph) 48 Proposed Speed Zone 45 mph 10 mph Pace Speed (mph) 39 To 48 Justification
Percentage of Vehicles in Pace 74.5%
COLLISION HISTORY (2017-2019)
Number of Years 3 years
Total Collisions (Midblock) 10
No. with Speed violations 4
Predominant type
Collision Rate (ACC/MVM) 0.48
Expected Collision Rate (ACC/MVM) 1.00

TRAFFIC FACTORS
Average Daily Traffic 27527
Traffic Control Type Traffic signal

ROADWAY CHARACTERISTICS
Segment Length (Feet) 3680
Vertical/Horizontal Alignment Vertical (Gonzales /Azalea) Road Width 82'
Parking Restriction Yes
No. Lanes and Median 2-3 direction, Raised
Improvement (SW, C & G) Yes
Bicycle lanes/Type Class II
Crosswalks/Type
Adjacent Land use Residential /Commercial
Comments
ID:

Ventura Rd Gonzales Rd / Vineyard Ave
200 ft n/o Berva
CVC 22358.6
404
CITY OF OXNARD - PUBLIC WORKS DEPT./TRAFFIC DIV. SPOT SPEED STUDY Street: Ventura Rd
Location: 200 ft n/o Berva
Between: Gonzales Rd / Vineyard Ave Ref. # 151
Cumulative Date: 3/17/2022 Day: Thursday
Speed Frequency Percent Percent Weather: Clear
15 0 0.00% 0.00% Hours:
16 0 0.00% 0.00% Recorder: EY
17 0 0.00% 0.00% Posted Speed: 45 mph
18 0 0.00% 0.00% Remarks:
19 0 0.00% 0.00%
20 0 0.00% 0.00%
21 0 0.00% 0.00%
22 0 0.00% 0.00% DATA ANALYSIS:
23 0 0.00% 0.00% Mean Speed: 44
24 0 0.00% 0.00% Standard Deviation: 5
25 0 0.00% 0.00% Standard error of the mean: 0.4
26 0 0.00% 0.00% 50th Percentile: 43
27 0 0.00% 0.00% 85th Percentile: 48
28 0 0.00% 0.00% 97th Percentile: 55
29 0 0.00% 0.00% 10 Mile Pace: 39 to 48
30 0 0.00% 0.00% % of Samples in 10-Mile Pace: 74.52%
31 0 0.00% 0.00% Comments:
32 0 0.00% 0.00%
33 0 0.00% 0.00%
34 1 0.64% 0.64%
35 4 2.55% 3.18%
36 6 3.82% 7.01%
37 3 1.91% 8.92%
38 4 2.55% 11.46%
39 12 7.64% 19.11%
40 11 7.01% 26.11% S
41 14 8.92% 35.03%
42 17 10.83% 45.86%
43 10 6.37% 52.23%
44 11 7.01% 59.24%
45 15 9.55% 68.79%
46 13 8.28% 77.07%
47 9 5.73% 82.80%
48 5 3.18% 85.99%
49 6 3.82% 89.81%
50 1 0.64% 90.45%
51 5 3.18% 93.63%
52 2 1.27% 94.90%
53 3 1.91% 96.82%
54 0 0.00% 96.82%
55 1 0.64% 97.45%
56 3 1.91% 99.36%
57 0 0.00% 99.36%
58 1 0.64% 100.00%
59 0 0.00% 100.00%
Total: 157 100%
spd_form.xls
2:00-2:30PM
0%
20%
40%
60%
80%
100%
120%Cumulative Frequency
Spot Speed, mph
Cumulative Frequency Distribution
0 2
4 6
8 10
12 14
16 18Frequency
Spot Speed, mph
Frequency Distribution
405
CITY OF OXNARD 152

ENGINEERING AND TRAFFIC SURVEY
Street: From/To:

Survey date: 4/14/2022 Day: Thursday Hours: 2:45-3:00PM 0 0 Location of survey:

SPEED DATA
50th Percentile Speed (mph) 48 Existing Speed Zone 50 mph 85th Percentile Speed (mph) 52 Proposed Speed Zone 50 mph 10 mph Pace Speed (mph) 42 To 51 Justification
Percentage of Vehicles in Pace 67.7%
COLLISION HISTORY (2017-2019)
Number of Years 3 years
Total Collisions (Midblock) 8
No. with Speed violations 5
Predominant type
Collision Rate (ACC/MVM) 0.35
Expected Collision Rate (ACC/MVM) 1.00

TRAFFIC FACTORS
Average Daily Traffic 24573
Traffic Control Type Traffic signal

ROADWAY CHARACTERISTICS
Segment Length (Feet) 4435
Vertical/Horizontal Alignment Vertical (Stone Creek /RR) Road Width 92'
Parking Restriction No parking
No. Lanes and Median 2-3 direction, Raised
Improvement (SW, C & G) C&G&SW on E/S, C&G&SW W/S partial (Vineyard /Stone Creek) Bicycle lanes/Type Class II
Crosswalks/Type
Adjacent Land use Residential /River Bank
Comments
ID:

Ventura Rd Vineyard Ave / RR Crossing
at Stone Creek
85th percentile speed
406
CITY OF OXNARD - PUBLIC WORKS DEPT./TRAFFIC DIV. SPOT SPEED STUDY Street: Ventura Rd
Location: at Stone Creek
Between: Vineyard Ave / RR Crossing Ref. # 152
Cumulative Date: 4/14/2022 Day: Thursday
Speed Frequency Percent Percent Weather: Clear
15 0 0.00% 0.00% Hours:
16 0 0.00% 0.00% Recorder: EY /AY
17 0 0.00% 0.00% Posted Speed: 50 mph
18 0 0.00% 0.00% Remarks:
19 0 0.00% 0.00%
20 0 0.00% 0.00%
21 0 0.00% 0.00%
22 0 0.00% 0.00% DATA ANALYSIS:
23 0 0.00% 0.00% Mean Speed: 47
24 0 0.00% 0.00% Standard Deviation: 5
25 0 0.00% 0.00% Standard error of the mean: 0.39
26 0 0.00% 0.00% 50th Percentile: 48
27 0 0.00% 0.00% 85th Percentile: 52
28 0 0.00% 0.00% 97th Percentile: 55
29 0 0.00% 0.00% 10 Mile Pace: 42 to 51
30 0 0.00% 0.00% % of Samples in 10-Mile Pace: 67.68%
31 0 0.00% 0.00% Comments:
32 0 0.00% 0.00%
33 0 0.00% 0.00%
34 0 0.00% 0.00%
35 1 0.61% 0.61%
36 2 1.22% 1.83%
37 0 0.00% 1.83%
38 5 3.05% 4.88%
39 11 6.71% 11.59%
40 3 1.83% 13.41% S
41 5 3.05% 16.46%
42 8 4.88% 21.34%
43 3 1.83% 23.17%
44 7 4.27% 27.44%
45 11 6.71% 34.15%
46 9 5.49% 39.63%
47 15 9.15% 48.78%
48 11 6.71% 55.49%
49 19 11.59% 67.07%
50 15 9.15% 76.22%
51 13 7.93% 84.15%
52 7 4.27% 88.41%
53 4 2.44% 90.85%
54 6 3.66% 94.51%
55 5 3.05% 97.56%
56 3 1.83% 99.39%
57 0 0.00% 99.39%
58 0 0.00% 99.39%
59 1 0.61% 100.00%
Total: 164 100%
spd_form.xls
2:45-3:00PM
0%
20%
40%
60%
80%
100%
120%Cumulative Frequency
Spot Speed, mph
Cumulative Frequency Distribution
0 2
4 6
8 10
12 14
16 18
20Frequency
Spot Speed, mph
Frequency Distribution
407
CITY OF OXNARD 153

ENGINEERING AND TRAFFIC SURVEY
Street: From/To:

Survey date: 4/14/2022 Day: Thursday Hours: 3:05-3:20PM 0 0 Location of survey:

SPEED DATA
50th Percentile Speed (mph) 40 Existing Speed Zone 40 mph 85th Percentile Speed (mph) 44 Proposed Speed Zone 40 mph 10 mph Pace Speed (mph) 35 To 44 Justification
Percentage of Vehicles in Pace 79.5%
COLLISION HISTORY (2017-2019)
Number of Years 3 years
Total Collisions (Midblock) 5
No. with Speed violations 1
Predominant type
Collision Rate (ACC/MVM) 0.70
Expected Collision Rate (ACC/MVM) 0.90

TRAFFIC FACTORS
Average Daily Traffic 15000
Traffic Control Type Traffic signal

ROADWAY CHARACTERISTICS
Segment Length (Feet) 2300
Vertical/Horizontal Alignment Vertical
Road Width 92'
Parking Restriction No parking
No. Lanes and Median 2/ direction, Raised
Improvement (SW, C & G) C&G&SW E/S
Bicycle lanes/Type Class II
Crosswalks/Type
Adjacent Land use Residential
Comments
ID:

Ventura Rd RR Crossing / Town Center Dr
N of 101 Fwy
CVC 22358.6
408
CITY OF OXNARD - PUBLIC WORKS DEPT./TRAFFIC DIV. SPOT SPEED STUDY Street: Ventura Rd
Location: N of 101 Fwy
Between: RR Crossing / Town Center Dr Ref. # 153
Cumulative Date: 4/14/2022 Day: Thursday
Speed Frequency Percent Percent Weather: Clear
15 0 0.00% 0.00% Hours:
16 0 0.00% 0.00% Recorder: EY /AY
17 0 0.00% 0.00% Posted Speed: 40 mph
18 0 0.00% 0.00% Remarks:
19 0 0.00% 0.00%
20 0 0.00% 0.00%
21 0 0.00% 0.00%
22 0 0.00% 0.00% DATA ANALYSIS:
23 0 0.00% 0.00% Mean Speed: 40
24 0 0.00% 0.00% Standard Deviation: 4
25 1 0.79% 0.79% Standard error of the mean: 0.35
26 0 0.00% 0.79% 50th Percentile: 40
27 0 0.00% 0.79% 85th Percentile: 44
28 0 0.00% 0.79% 97th Percentile: 49
29 0 0.00% 0.79% 10 Mile Pace: 35 to 44
30 0 0.00% 0.79% % of Samples in 10-Mile Pace: 79.53%
31 0 0.00% 0.79% Comments:
32 0 0.00% 0.79%
33 3 2.36% 3.15%
34 4 3.15% 6.30%
35 8 6.30% 12.60%
36 9 7.09% 19.69%
37 7 5.51% 25.20%
38 14 11.02% 36.22%
39 15 11.81% 48.03%
40 9 7.09% 55.12% S
41 9 7.09% 62.20%
42 14 11.02% 73.23%
43 8 6.30% 79.53%
44 8 6.30% 85.83%
45 3 2.36% 88.19%
46 6 4.72% 92.91%
47 3 2.36% 95.28%
48 2 1.57% 96.85%
49 1 0.79% 97.64%
50 0 0.00% 97.64%
51 1 0.79% 98.43%
52 0 0.00% 98.43%
53 1 0.79% 99.21%
54 1 0.79% 100.00%
55 0 0.00% 100.00%
56 0 0.00% 100.00%
57 0 0.00% 100.00%
58 0 0.00% 100.00%
59 0 0.00% 100.00%
Total: 127 100%
spd_form.xls
3:05-3:20PM
0%
20%
40%
60%
80%
100%
120%Cumulative Frequency
Spot Speed, mph
Cumulative Frequency Distribution
0 2
4 6
8 10
12 14
16Frequency
Spot Speed, mph
Frequency Distribution
409
CITY OF OXNARD 154

ENGINEERING AND TRAFFIC SURVEY
Street: From/To:

Survey date: 4/14/2022 Day: Thursday Hours: 9:10 -9:28A 0 0 Location of survey:

SPEED DATA
50th Percentile Speed (mph) 54 Existing Speed Zone 55 mph 85th Percentile Speed (mph) 59 Proposed Speed Zone 55 mph 10 mph Pace Speed (mph) 51 To 60 Justification
Percentage of Vehicles in Pace 77.3%
COLLISION HISTORY (2017-2019)
Number of Years 3 years
Total Collisions (Midblock) 21
No. with Speed violations 7
Predominant type
Collision Rate (ACC/MVM) 0.38
Expected Collision Rate (ACC/MVM) 0.91

TRAFFIC FACTORS
Average Daily Traffic 43072
Traffic Control Type Traffic signal

ROADWAY CHARACTERISTICS
Segment Length (Feet) 6230
Vertical/Horizontal Alignment Vertical (Bridge /Gum Tree) Road Width 105'
Parking Restriction Off pavement
No. Lanes and Median 2/ direction, Raised/Barrier
Improvement (SW, C & G) None
Bicycle lanes/Type None
Crosswalks/Type
Adjacent Land use Golf course /Farm Land
Comments
ID:

Victoria Ave Santa Clara River Bridge / Gonzales Rd
at Gum Tree St
CVC 22358.6
410
CITY OF OXNARD - PUBLIC WORKS DEPT./TRAFFIC DIV. SPOT SPEED STUDY Street: Victoria Ave
Location: at Gum Tree St
Between: Santa Clara River Bridge / Gonzales Rd Ref. # 154 Cumulative Date: 4/14/2022 Day: Thursday
Speed Frequency Percent Percent Weather: Clear
35 0 0.00% 0.00% Hours:
36 0 0.00% 0.00% Recorder: EY /AY
37 1 0.51% 0.51% Posted Speed: 55mph
38 0 0.00% 0.51% Remarks:
39 0 0.00% 0.51%
40 0 0.00% 0.51%
41 0 0.00% 0.51%
42 0 0.00% 0.51% DATA ANALYSIS:
43 1 0.51% 1.01% Mean Speed: 54
44 0 0.00% 1.01% Standard Deviation: 4
45 2 1.01% 2.02% Standard error of the mean: 0.28
46 3 1.52% 3.54% 50th Percentile: 54
47 4 2.02% 5.56% 85th Percentile: 59
48 5 2.53% 8.08% 97th Percentile: 62
49 12 6.06% 14.14% 10 Mile Pace: 51 to 60
50 6 3.03% 17.17% % of Samples in 10-Mile Pace: 77.27%
51 10 5.05% 22.22% Comments:
52 21 10.61% 32.83%
53 18 9.09% 41.92%
54 20 10.10% 52.02%
55 15 7.58% 59.60%
56 19 9.60% 69.19%
57 13 6.57% 75.76%
58 16 8.08% 83.84%
59 13 6.57% 90.40%
60 8 4.04% 94.44% S
61 4 2.02% 96.46%
62 3 1.52% 97.98%
63 0 0.00% 97.98%
64 2 1.01% 98.99%
65 0 0.00% 98.99%
66 1 0.51% 99.49%
67 0 0.00% 99.49%
68 1 0.51% 100.00%
69 0 0.00% 100.00%
70 0 0.00% 100.00%
71 0 0.00% 100.00%
72 0 0.00% 100.00%
73 0 0.00% 100.00%
74 0 0.00% 100.00%
75 0 0.00% 100.00%
76 0 0.00% 100.00%
77 0 0.00% 100.00%
78 0 0.00% 100.00%
79 0 0.00% 100.00%
Total: 198 100%
spd_form.xls
9:10 -9:28A
0%
20%
40%
60%
80%
100%
120%Cumulative Frequency
Spot Speed, mph
Cumulative Frequency Distribution
0 5
10 15
20 25Frequency
Spot Speed, mph
Frequency Distribution
411
CITY OF OXNARD 155

ENGINEERING AND TRAFFIC SURVEY
Street: From/To:

Survey date: 3/22/2022 Day: Tuesday Hours: 9:15-9:45AM 0 0 Location of survey:

SPEED DATA
50th Percentile Speed (mph) 53 Existing Speed Zone 55 mph 85th Percentile Speed (mph) 57 Proposed Speed Zone 55 mph 10 mph Pace Speed (mph) 47 To 56 Justification
Percentage of Vehicles in Pace 84.2%
COLLISION HISTORY (2017-2019)
Number of Years 3 years
Total Collisions (Midblock) 19
No. with Speed violations 10
Predominant type
Collision Rate (ACC/MVM) 0.55
Expected Collision Rate (ACC/MVM) 0.91

TRAFFIC FACTORS
Average Daily Traffic 42207
Traffic Control Type Traffic signal

ROADWAY CHARACTERISTICS
Segment Length (Feet) 3980
Vertical/Horizontal Alignment Vertical
Road Width 90'
Parking Restriction None
No. Lanes and Median 2/direction, Raised
Improvement (SW, C & G) None
Bicycle lanes/Type Class II
Crosswalks/Type
Adjacent Land use Farm Land
Comments
ID:

Victoria Ave Gonzales Rd / Doris Ave
2000' n/o Doris Ave
85th percentile speed
412
CITY OF OXNARD - PUBLIC WORKS DEPT./TRAFFIC DIV. SPOT SPEED STUDY Street: Victoria Ave
Location: 2000' n/o Doris Ave
Between: Gonzales Rd / Doris Ave Ref. # 155
Cumulative Date: 3/22/2022 Day: Tuesday
Speed Frequency Percent Percent Weather: Clear
35 0 0.00% 0.00% Hours:
36 0 0.00% 0.00% Recorder: EY
37 0 0.00% 0.00% Posted Speed: 55 mph
38 0 0.00% 0.00% Remarks:
39 0 0.00% 0.00%
40 0 0.00% 0.00%
41 0 0.00% 0.00%
42 0 0.00% 0.00% DATA ANALYSIS:
43 0 0.00% 0.00% Mean Speed: 53
44 0 0.00% 0.00% Standard Deviation: 4
45 0 0.00% 0.00% Standard error of the mean: 0.32
46 1 0.66% 0.66% 50th Percentile: 53
47 6 3.95% 4.61% 85th Percentile: 57
48 4 2.63% 7.24% 97th Percentile: 61
49 17 11.18% 18.42% 10 Mile Pace: 47 to 56
50 11 7.24% 25.66% % of Samples in 10-Mile Pace: 84.21% 51 12 7.89% 33.55% Comments:
52 21 13.82% 47.37%
53 14 9.21% 56.58%
54 16 10.53% 67.11%
55 9 5.92% 73.03%
56 18 11.84% 84.87%
57 4 2.63% 87.50%
58 4 2.63% 90.13%
59 9 5.92% 96.05%
60 1 0.66% 96.71% S
61 1 0.66% 97.37%
62 1 0.66% 98.03%
63 0 0.00% 98.03%
64 2 1.32% 99.34%
65 0 0.00% 99.34%
66 1 0.66% 100.00%
67 0 0.00% 100.00%
68 0 0.00% 100.00%
69 0 0.00% 100.00%
70 0 0.00% 100.00%
71 0 0.00% 100.00%
72 0 0.00% 100.00%
73 0 0.00% 100.00%
74 0 0.00% 100.00%
75 0 0.00% 100.00%
76 0 0.00% 100.00%
77 0 0.00% 100.00%
78 0 0.00% 100.00%
79 0 0.00% 100.00%
Total: 152 100%
spd_form.xls
9:15-9:45AM
0%
20%
40%
60%
80%
100%
120%Cumulative Frequency
Spot Speed, mph
Cumulative Frequency Distribution
0 5
10 15
20 25Frequency
Spot Speed, mph
Frequency Distribution
413
CITY OF OXNARD 156

ENGINEERING AND TRAFFIC SURVEY
Street: From/To:

Survey date: 3/22/2022 Day: Tuesday Hours: 9:50-10:20AM 0 0 Location of survey:

SPEED DATA
50th Percentile Speed (mph) 51 Existing Speed Zone 55 mph 85th Percentile Speed (mph) 56 Proposed Speed Zone 55 mph 10 mph Pace Speed (mph) 47 To 56 Justification
Percentage of Vehicles in Pace 76.6%
COLLISION HISTORY (2017-2019)
Number of Years 3 years
Total Collisions (Midblock) 3
No. with Speed violations 1
Predominant type
Collision Rate (ACC/MVM) 0.17
Expected Collision Rate (ACC/MVM) 0.91

TRAFFIC FACTORS
Average Daily Traffic 42207
Traffic Control Type Traffic signal

ROADWAY CHARACTERISTICS
Segment Length (Feet) 1980
Vertical/Horizontal Alignment None
Road Width 80'
Parking Restriction None
No. Lanes and Median 2/direction, Raised
Improvement (SW, C & G) None
Bicycle lanes/Type Class Ii
Crosswalks/Type
Adjacent Land use Farm Land
Comments
ID:

Victoria Ave Doris Ave / Teal Club Rd
1000' s/o Doris Ave
85th percentile speed
414
CITY OF OXNARD - PUBLIC WORKS DEPT./TRAFFIC DIV. SPOT SPEED STUDY Street: Victoria Ave
Location: 1000' s/o Doris Ave
Between: Doris Ave / Teal Club Rd Ref. # 156
Cumulative Date: 3/22/2022 Day: Tuesday
Speed Frequency Percent Percent Weather: Clear
35 0 0.00% 0.00% Hours:
36 0 0.00% 0.00% Recorder: EY
37 0 0.00% 0.00% Posted Speed: 55 mph
38 0 0.00% 0.00% Remarks:
39 0 0.00% 0.00%
40 0 0.00% 0.00%
41 0 0.00% 0.00%
42 1 0.65% 0.65% DATA ANALYSIS:
43 2 1.30% 1.95% Mean Speed: 52
44 1 0.65% 2.60% Standard Deviation: 4
45 7 4.55% 7.14% Standard error of the mean: 0.32
46 7 4.55% 11.69% 50th Percentile: 51
47 12 7.79% 19.48% 85th Percentile: 56
48 9 5.84% 25.32% 97th Percentile: 61
49 12 7.79% 33.12% 10 Mile Pace: 47 to 56
50 13 8.44% 41.56% % of Samples in 10-Mile Pace: 76.62% 51 14 9.09% 50.65% Comments:
52 14 9.09% 59.74%
53 10 6.49% 66.23%
54 13 8.44% 74.68%
55 9 5.84% 80.52%
56 12 7.79% 88.31%
57 7 4.55% 92.86%
58 3 1.95% 94.81%
59 2 1.30% 96.10%
60 1 0.65% 96.75% S
61 3 1.95% 98.70%
62 1 0.65% 99.35%
63 1 0.65% 100.00%
64 0 0.00% 100.00%
65 0 0.00% 100.00%
66 0 0.00% 100.00%
67 0 0.00% 100.00%
68 0 0.00% 100.00%
69 0 0.00% 100.00%
70 0 0.00% 100.00%
71 0 0.00% 100.00%
72 0 0.00% 100.00%
73 0 0.00% 100.00%
74 0 0.00% 100.00%
75 0 0.00% 100.00%
76 0 0.00% 100.00%
77 0 0.00% 100.00%
78 0 0.00% 100.00%
79 0 0.00% 100.00%
Total: 154 100%
spd_form.xls
9:50-10:20AM
0%
20%
40%
60%
80%
100%
120%Cumulative Frequency
Spot Speed, mph
Cumulative Frequency Distribution
0 2
4 6
8 10
12 14
16Frequency
Spot Speed, mph
Frequency Distribution
415
CITY OF OXNARD 157

ENGINEERING AND TRAFFIC SURVEY
Street: From/To:

Survey date: 3/29/2022 Day: Tuesday Hours: 10:40-11:20AM 0 0 Location of survey:

SPEED DATA
50th Percentile Speed (mph) 52 Existing Speed Zone 55 mph 85th Percentile Speed (mph) 56 Proposed Speed Zone 55 mph 10 mph Pace Speed (mph) 47 To 56 Justification
Percentage of Vehicles in Pace 75.0%
COLLISION HISTORY (2017-2019)
Number of Years 3 years
Total Collisions (Midblock) 8
No. with Speed violations 2
Predominant type
Collision Rate (ACC/MVM) 0.46
Expected Collision Rate (ACC/MVM) 0.91

TRAFFIC FACTORS
Average Daily Traffic 42207
Traffic Control Type Traffic signal

ROADWAY CHARACTERISTICS
Segment Length (Feet) 2000
Vertical/Horizontal Alignment Vertical
Road Width 80'
Parking Restriction None
No. Lanes and Median 2/direction, Raised
Improvement (SW, C & G) None
Bicycle lanes/Type Class II
Crosswalks/Type
Adjacent Land use Farm Land /Commercial /Air Runway
Comments
ID:

Victoria Ave Teal Club Rd / Fifth St
1000' n/o Fifth St
85th percentile speed
416
CITY OF OXNARD - PUBLIC WORKS DEPT./TRAFFIC DIV. SPOT SPEED STUDY Street: Victoria Ave
Location: 1000' n/o Fifth St
Between: Teal Club Rd / Fifth St Ref. # 157
Cumulative Date: 3/29/2022 Day: Tuesday
Speed Frequency Percent Percent Weather: Clear
35 0 0.00% 0.00% Hours:
36 0 0.00% 0.00% Recorder: EY
37 0 0.00% 0.00% Posted Speed: 55 mph
38 0 0.00% 0.00% Remarks:
39 1 0.47% 0.47%
40 1 0.47% 0.94%
41 0 0.00% 0.94%
42 3 1.42% 2.36% DATA ANALYSIS:
43 2 0.94% 3.30% Mean Speed: 52
44 3 1.42% 4.72% Standard Deviation: 5
45 4 1.89% 6.60% Standard error of the mean: 0.34
46 12 5.66% 12.26% 50th Percentile: 52
47 17 8.02% 20.28% 85th Percentile: 56
48 12 5.66% 25.94% 97th Percentile: 61
49 26 12.26% 38.21% 10 Mile Pace: 47 to 56
50 9 4.25% 42.45% % of Samples in 10-Mile Pace: 75.00%
51 11 5.19% 47.64% Comments:
52 13 6.13% 53.77%
53 19 8.96% 62.74%
54 19 8.96% 71.70%
55 13 6.13% 77.83%
56 20 9.43% 87.26%
57 7 3.30% 90.57%
58 2 0.94% 91.51%
59 7 3.30% 94.81%
60 3 1.42% 96.23% S
61 4 1.89% 98.11%
62 4 1.89% 100.00%
63 0 0.00% 100.00%
64 0 0.00% 100.00%
65 0 0.00% 100.00%
66 0 0.00% 100.00%
67 0 0.00% 100.00%
68 0 0.00% 100.00%
69 0 0.00% 100.00%
70 0 0.00% 100.00%
71 0 0.00% 100.00%
72 0 0.00% 100.00%
73 0 0.00% 100.00%
74 0 0.00% 100.00%
75 0 0.00% 100.00%
76 0 0.00% 100.00%
77 0 0.00% 100.00%
78 0 0.00% 100.00%
79 0 0.00% 100.00%
Total: 212 100%
spd_form.xls
10:40-11:20AM
0%
20%
40%
60%
80%
100%
120%Cumulative Frequency
Spot Speed, mph
Cumulative Frequency Distribution
0 5
10 15
20 25
30Frequency
Spot Speed, mph
Frequency Distribution
417
CITY OF OXNARD 158

ENGINEERING AND TRAFFIC SURVEY
Street: From/To:

Survey date: 3/29/2022 Day: Tuesday Hours: 11:25-11:55AM 0 0 Location of survey:

SPEED DATA
50th Percentile Speed (mph) 48 Existing Speed Zone 50 mph 85th Percentile Speed (mph) 51 Proposed Speed Zone 50 mph 10 mph Pace Speed (mph) 43 To 52 Justification
Percentage of Vehicles in Pace 83.7%
COLLISION HISTORY (2017-2019)
Number of Years 3 years
Total Collisions (Midblock) 7
No. with Speed violations 4
Predominant type
Collision Rate (ACC/MVM) 0.30
Expected Collision Rate (ACC/MVM) 1.06

TRAFFIC FACTORS
Average Daily Traffic 42207
Traffic Control Type Traffic signal

ROADWAY CHARACTERISTICS
Segment Length (Feet) 2640
Vertical/Horizontal Alignment None
Road Width 93'
Parking Restriction No parking
No. Lanes and Median 3/ direction, Raised
Improvement (SW, C & G) C&G&SW E/S only
Bicycle lanes/Type Class II
Crosswalks/Type
Adjacent Land use Residential /Farm Land
Comments
ID:

Victoria Ave Fifth St / Wooley Rd
at Midpoint
85th percentile speed
418
CITY OF OXNARD - PUBLIC WORKS DEPT./TRAFFIC DIV. SPOT SPEED STUDY Street: Victoria Ave
Location: at Midpoint
Between: Fifth St / Wooley Rd Ref. # 158
Cumulative Date: 3/29/2022 Day: Tuesday
Speed Frequency Percent Percent Weather: Clear
35 0 0.00% 0.00% Hours:
36 0 0.00% 0.00% Recorder: EY
37 0 0.00% 0.00% Posted Speed: 50 mph
38 1 0.54% 0.54% Remarks:
39 3 1.63% 2.17%
40 2 1.09% 3.26%
41 3 1.63% 4.89%
42 9 4.89% 9.78% DATA ANALYSIS:
43 4 2.17% 11.96% Mean Speed: 48
44 13 7.07% 19.02% Standard Deviation: 4
45 18 9.78% 28.80% Standard error of the mean: 0.29
46 19 10.33% 39.13% 50th Percentile: 48
47 19 10.33% 49.46% 85th Percentile: 51
48 16 8.70% 58.15% 97th Percentile: 54
49 16 8.70% 66.85% 10 Mile Pace: 43 to 52
50 22 11.96% 78.80% % of Samples in 10-Mile Pace: 83.70% 51 13 7.07% 85.87% Comments:
52 14 7.61% 93.48%
53 4 2.17% 95.65%
54 4 2.17% 97.83%
55 0 0.00% 97.83%
56 1 0.54% 98.37%
57 0 0.00% 98.37%
58 0 0.00% 98.37%
59 1 0.54% 98.91%
60 1 0.54% 99.46% S
61 0 0.00% 99.46%
62 1 0.54% 100.00%
63 0 0.00% 100.00%
64 0 0.00% 100.00%
65 0 0.00% 100.00%
66 0 0.00% 100.00%
67 0 0.00% 100.00%
68 0 0.00% 100.00%
69 0 0.00% 100.00%
70 0 0.00% 100.00%
71 0 0.00% 100.00%
72 0 0.00% 100.00%
73 0 0.00% 100.00%
74 0 0.00% 100.00%
75 0 0.00% 100.00%
76 0 0.00% 100.00%
77 0 0.00% 100.00%
78 0 0.00% 100.00%
79 0 0.00% 100.00%
Total: 184 100%
spd_form.xls
11:25-11:55AM
0%
20%
40%
60%
80%
100%
120%Cumulative Frequency
Spot Speed, mph
Cumulative Frequency Distribution
0 5
10 15
20 25Frequency
Spot Speed, mph
Frequency Distribution
419
CITY OF OXNARD 159

ENGINEERING AND TRAFFIC SURVEY
Street: From/To:

Survey date: 3/29/2022 Day: Tuesday Hours: 10:05-10:35AM 0 0 Location of survey:

SPEED DATA
50th Percentile Speed (mph) 47 Existing Speed Zone 50 mph 85th Percentile Speed (mph) 52 Proposed Speed Zone 50 mph 10 mph Pace Speed (mph) 43 To 52 Justification
Percentage of Vehicles in Pace 77.6%
COLLISION HISTORY (2017-2019)
Number of Years 3 years
Total Collisions (Midblock) 5
No. with Speed violations 2
Predominant type
Collision Rate (ACC/MVM) 0.22
Expected Collision Rate (ACC/MVM) 1.06

TRAFFIC FACTORS
Average Daily Traffic 33095
Traffic Control Type Traffic signal

ROADWAY CHARACTERISTICS
Segment Length (Feet) 3295
Vertical/Horizontal Alignment None
Road Width 87'
Parking Restriction No parking
No. Lanes and Median 3/direction, Raised
Improvement (SW, C & G) Yes
Bicycle lanes/Type Class II
Crosswalks/Type
Adjacent Land use Commercial /Residential
Comments
ID:

Victoria Ave Wooley Rd / Hemlock St
at Leeward Way
85th percentile speed
420
CITY OF OXNARD - PUBLIC WORKS DEPT./TRAFFIC DIV. SPOT SPEED STUDY Street: Victoria Ave
Location: at Leeward Way
Between: Wooley Rd / Hemlock St Ref. # 159
Cumulative Date: 3/29/2022 Day: Tuesday
Speed Frequency Percent Percent Weather: Clear
15 0 0.00% 0.00% Hours:
16 0 0.00% 0.00% Recorder: EY
17 0 0.00% 0.00% Posted Speed: 50 mph
18 0 0.00% 0.00% Remarks:
19 0 0.00% 0.00%
20 0 0.00% 0.00%
21 0 0.00% 0.00%
22 0 0.00% 0.00% DATA ANALYSIS:
23 0 0.00% 0.00% Mean Speed: 47
24 0 0.00% 0.00% Standard Deviation: 4
25 0 0.00% 0.00% Standard error of the mean: 0.33
26 0 0.00% 0.00% 50th Percentile: 47
27 0 0.00% 0.00% 85th Percentile: 52
28 0 0.00% 0.00% 97th Percentile: 56
29 0 0.00% 0.00% 10 Mile Pace: 43 to 52
30 0 0.00% 0.00% % of Samples in 10-Mile Pace: 77.62%
31 0 0.00% 0.00% Comments:
32 0 0.00% 0.00%
33 0 0.00% 0.00%
34 0 0.00% 0.00%
35 0 0.00% 0.00%
36 0 0.00% 0.00%
37 0 0.00% 0.00%
38 2 1.40% 1.40%
39 3 2.10% 3.50%
40 2 1.40% 4.90% S
41 3 2.10% 6.99%
42 8 5.59% 12.59%
43 5 3.50% 16.08%
44 12 8.39% 24.48%
45 11 7.69% 32.17%
46 21 14.69% 46.85%
47 14 9.79% 56.64%
48 13 9.09% 65.73%
49 14 9.79% 75.52%
50 5 3.50% 79.02%
51 6 4.20% 83.22%
52 10 6.99% 90.21%
53 4 2.80% 93.01%
54 3 2.10% 95.10%
55 1 0.70% 95.80%
56 4 2.80% 98.60%
57 1 0.70% 99.30%
58 0 0.00% 99.30%
59 1 0.70% 100.00%
Total: 143 100%
spd_form.xls
10:05-10:35AM
0%
20%
40%
60%
80%
100%
120%Cumulative Frequency
Spot Speed, mph
Cumulative Frequency Distribution
0 5
10 15
20 25Frequency
Spot Speed, mph
Frequency Distribution
421
CITY OF OXNARD 160

ENGINEERING AND TRAFFIC SURVEY
Street: From/To:

Survey date: 3/29/2022 Day: Tuesday Hours: 8:55-9:25AM 0 0 Location of survey:

SPEED DATA
50th Percentile Speed (mph) 46 Existing Speed Zone 50 mph 85th Percentile Speed (mph) 51 Proposed Speed Zone 50 mph 10 mph Pace Speed (mph) 42 To 51 Justification
Percentage of Vehicles in Pace 82.8%
COLLISION HISTORY (2017-2019)
Number of Years 3 years
Total Collisions (Midblock) 2
No. with Speed violations 1
Predominant type
Collision Rate (ACC/MVM) 0.10
Expected Collision Rate (ACC/MVM) 1.06

TRAFFIC FACTORS
Average Daily Traffic 24000
Traffic Control Type Traffic signal

ROADWAY CHARACTERISTICS
Segment Length (Feet) 3855
Vertical/Horizontal Alignment Vertical (at Channel Islands) Road Width 93'-82'
Parking Restriction No parking
No. Lanes and Median 2/direction, Raised
Improvement (SW, C & G) Yes, except Naval Base
Bicycle lanes/Type Class II
Crosswalks/Type
Adjacent Land use Commercial /Residential /Naval Base
Comments
ID:

Victoria Ave Hemlock St / Curlew Way
at Monaco Dr
85th percentile speed
422
CITY OF OXNARD - PUBLIC WORKS DEPT./TRAFFIC DIV. SPOT SPEED STUDY Street: Victoria Ave
Location: at Monaco Dr
Between: Hemlock St / Curlew Way Ref. # 160
Cumulative Date: 3/29/2022 Day: Tuesday
Speed Frequency Percent Percent Weather: Clear
35 0 0.00% 0.00% Hours:
36 0 0.00% 0.00% Recorder: EY
37 0 0.00% 0.00% Posted Speed: 50 mph
38 1 0.69% 0.69% Remarks:
39 2 1.38% 2.07%
40 1 0.69% 2.76%
41 3 2.07% 4.83%
42 11 7.59% 12.41% DATA ANALYSIS:
43 13 8.97% 21.38% Mean Speed: 47
44 11 7.59% 28.97% Standard Deviation: 4
45 15 10.34% 39.31% Standard error of the mean: 0.33
46 20 13.79% 53.10% 50th Percentile: 46
47 8 5.52% 58.62% 85th Percentile: 51
48 14 9.66% 68.28% 97th Percentile: 55
49 14 9.66% 77.93% 10 Mile Pace: 42 to 51
50 7 4.83% 82.76% % of Samples in 10-Mile Pace: 82.76%
51 7 4.83% 87.59% Comments:
52 6 4.14% 91.72%
53 0 0.00% 91.72%
54 2 1.38% 93.10%
55 6 4.14% 97.24%
56 1 0.69% 97.93%
57 0 0.00% 97.93%
58 1 0.69% 98.62%
59 1 0.69% 99.31%
60 0 0.00% 99.31% S
61 1 0.69% 100.00%
62 0 0.00% 100.00%
63 0 0.00% 100.00%
64 0 0.00% 100.00%
65 0 0.00% 100.00%
66 0 0.00% 100.00%
67 0 0.00% 100.00%
68 0 0.00% 100.00%
69 0 0.00% 100.00%
70 0 0.00% 100.00%
71 0 0.00% 100.00%
72 0 0.00% 100.00%
73 0 0.00% 100.00%
74 0 0.00% 100.00%
75 0 0.00% 100.00%
76 0 0.00% 100.00%
77 0 0.00% 100.00%
78 0 0.00% 100.00%
79 0 0.00% 100.00%
Total: 145 100%
spd_form.xls
8:55-9:25AM
0%
20%
40%
60%
80%
100%
120%Cumulative Frequency
Spot Speed, mph
Cumulative Frequency Distribution
0 5
10 15
20 25Frequency
Spot Speed, mph
Frequency Distribution
423
CITY OF OXNARD 161

ENGINEERING AND TRAFFIC SURVEY
Street: From/To:

Survey date: 3/29/2022 Day: Tuesday Hours: 9:30-10:00AM 0 0 Location of survey:

SPEED DATA
50th Percentile Speed (mph) 47 Existing Speed Zone 50 mph 85th Percentile Speed (mph) 51 Proposed Speed Zone 50 mph 10 mph Pace Speed (mph) 43 To 52 Justification
Percentage of Vehicles in Pace 77.7%
COLLISION HISTORY (2017-2019)
Number of Years 3 years
Total Collisions (Midblock) 0
No. with Speed violations 0
Predominant type
Collision Rate (ACC/MVM) 0.00
Expected Collision Rate (ACC/MVM) 1.17

TRAFFIC FACTORS
Average Daily Traffic 17000
Traffic Control Type Traffic signal

ROADWAY CHARACTERISTICS
Segment Length (Feet) 3395
Vertical/Horizontal Alignment Vertical (Merge at Curlew) Road Width 89'-34'
Parking Restriction No parking
No. Lanes and Median 2-1/direction, Painted
Improvement (SW, C & G) None
Bicycle lanes/Type Class II
Crosswalks/Type
Adjacent Land use Naval Base /Harbor
Comments
ID:

Victoria Ave Curlew Way / Lake Shore Dr
300 ft n/o Murre Way
85th percentile speed
424
CITY OF OXNARD - PUBLIC WORKS DEPT./TRAFFIC DIV. SPOT SPEED STUDY Street: Victoria Ave
Location: 300 ft n/o Murre Way
Between: Curlew Way / Lake Shore Dr Ref. # 161
Cumulative Date: 3/29/2022 Day: Tuesday
Speed Frequency Percent Percent Weather: Clear
15 0 0.00% 0.00% Hours:
16 0 0.00% 0.00% Recorder: EY
17 0 0.00% 0.00% Posted Speed: 50 mph
18 0 0.00% 0.00% Remarks:
19 0 0.00% 0.00%
20 0 0.00% 0.00%
21 0 0.00% 0.00%
22 0 0.00% 0.00% DATA ANALYSIS:
23 0 0.00% 0.00% Mean Speed: 47
24 0 0.00% 0.00% Standard Deviation: 4
25 0 0.00% 0.00% Standard error of the mean: 0.33
26 0 0.00% 0.00% 50th Percentile: 47
27 0 0.00% 0.00% 85th Percentile: 51
28 0 0.00% 0.00% 97th Percentile: 55
29 0 0.00% 0.00% 10 Mile Pace: 43 to 52
30 0 0.00% 0.00% % of Samples in 10-Mile Pace: 77.70%
31 0 0.00% 0.00% Comments:
32 0 0.00% 0.00%
33 0 0.00% 0.00%
34 0 0.00% 0.00%
35 0 0.00% 0.00%
36 0 0.00% 0.00%
37 3 2.03% 2.03%
38 1 0.68% 2.70%
39 3 2.03% 4.73%
40 7 4.73% 9.46% S
41 3 2.03% 11.49%
42 5 3.38% 14.86%
43 8 5.41% 20.27%
44 9 6.08% 26.35%
45 11 7.43% 33.78%
46 20 13.51% 47.30%
47 15 10.14% 57.43%
48 13 8.78% 66.22%
49 16 10.81% 77.03%
50 8 5.41% 82.43%
51 7 4.73% 87.16%
52 8 5.41% 92.57%
53 2 1.35% 93.92%
54 3 2.03% 95.95%
55 3 2.03% 97.97%
56 2 1.35% 99.32%
57 0 0.00% 99.32%
58 0 0.00% 99.32%
59 1 0.68% 100.00%
Total: 148 100%
spd_form.xls
9:30-10:00AM
0%
20%
40%
60%
80%
100%
120%Cumulative Frequency
Spot Speed, mph
Cumulative Frequency Distribution
0 5
10 15
20 25Frequency
Spot Speed, mph
Frequency Distribution
425
CITY OF OXNARD 162

ENGINEERING AND TRAFFIC SURVEY
Street: From/To:

Survey date: 4/22/2022 Day: Friday Hours: 9:15-9:35AM 0 0 Location of survey:

SPEED DATA
50th Percentile Speed (mph) 44 Existing Speed Zone 45 mph 85th Percentile Speed (mph) 48 Proposed Speed Zone 45 mph 10 mph Pace Speed (mph) 37 To 46 Justification
Percentage of Vehicles in Pace 73.2%
COLLISION HISTORY (2017-2019)
Number of Years 3 years
Total Collisions (Midblock) 1
No. with Speed violations 0
Predominant type
Collision Rate (ACC/MVM) 0.07
Expected Collision Rate (ACC/MVM) 0.90

TRAFFIC FACTORS
Average Daily Traffic 28785
Traffic Control Type Traffic signal

ROADWAY CHARACTERISTICS
Segment Length (Feet) 2465
Vertical/Horizontal Alignment None
Road Width 90'
Parking Restriction No parking W/S only
No. Lanes and Median 2/direction, TWLT
Improvement (SW, C & G) Yes
Bicycle lanes/Type Class II
Crosswalks/Type
Adjacent Land use Residential /Schools
Comments Rio Vista Middle School and Rio Del Mar School, signal controlled crosswalks
ID:

Vineyard Ave City Limits / Forest Park
300 ft n/o Walnut Dr
CVC 22358.6
426
CITY OF OXNARD - PUBLIC WORKS DEPT./TRAFFIC DIV. SPOT SPEED STUDY Street: Vineyard Ave
Location: 300 ft n/o Walnut Dr
Between: City Limits / Forest Park Ref. # 162
Cumulative Date: 4/22/2022 Day: Friday
Speed Frequency Percent Percent Weather: Clear
15 0 0.00% 0.00% Hours:
16 0 0.00% 0.00% Recorder: EY /AY
17 0 0.00% 0.00% Posted Speed: 45 mph
18 0 0.00% 0.00% Remarks:
19 0 0.00% 0.00%
20 0 0.00% 0.00%
21 0 0.00% 0.00%
22 0 0.00% 0.00% DATA ANALYSIS:
23 0 0.00% 0.00% Mean Speed: 43
24 0 0.00% 0.00% Standard Deviation: 4
25 0 0.00% 0.00% Standard error of the mean: 0.32
26 0 0.00% 0.00% 50th Percentile: 44
27 0 0.00% 0.00% 85th Percentile: 48
28 0 0.00% 0.00% 97th Percentile: 52
29 0 0.00% 0.00% 10 Mile Pace: 37 to 46
30 0 0.00% 0.00% % of Samples in 10-Mile Pace: 73.20%
31 0 0.00% 0.00% Comments:
32 0 0.00% 0.00%
33 0 0.00% 0.00%
34 1 0.65% 0.65%
35 1 0.65% 1.31%
36 3 1.96% 3.27%
37 10 6.54% 9.80%
38 10 6.54% 16.34%
39 14 9.15% 25.49%
40 9 5.88% 31.37% S
41 4 2.61% 33.99%
42 11 7.19% 41.18%
43 12 7.84% 49.02%
44 11 7.19% 56.21%
45 20 13.07% 69.28%
46 11 7.19% 76.47%
47 6 3.92% 80.39%
48 11 7.19% 87.58%
49 4 2.61% 90.20%
50 4 2.61% 92.81%
51 4 2.61% 95.42%
52 4 2.61% 98.04%
53 3 1.96% 100.00%
54 0 0.00% 100.00%
55 0 0.00% 100.00%
56 0 0.00% 100.00%
57 0 0.00% 100.00%
58 0 0.00% 100.00%
59 0 0.00% 100.00%
Total: 153 100%
spd_form.xls
9:15-9:35AM
0%
20%
40%
60%
80%
100%
120%Cumulative Frequency
Spot Speed, mph
Cumulative Frequency Distribution
0 5
10 15
20 25Frequency
Spot Speed, mph
Frequency Distribution
427
CITY OF OXNARD 163

ENGINEERING AND TRAFFIC SURVEY
Street: From/To:

Survey date: 4/22/2022 Day: Friday Hours: 9:40-9:55AM 0 0 Location of survey:

SPEED DATA
50th Percentile Speed (mph) 36 Existing Speed Zone 35 mph 85th Percentile Speed (mph) 40 Proposed Speed Zone 35 mph 10 mph Pace Speed (mph) 31 To 40 Justification
Percentage of Vehicles in Pace 72.6%
COLLISION HISTORY (2017-2019)
Number of Years 3 years
Total Collisions (Midblock) 10
No. with Speed violations 2
Predominant type
Collision Rate (ACC/MVM) 0.47
Expected Collision Rate (ACC/MVM) 0.90

TRAFFIC FACTORS
Average Daily Traffic 28785
Traffic Control Type Traffic signal

ROADWAY CHARACTERISTICS
Segment Length (Feet) 3560
Vertical/Horizontal Alignment None
Road Width 84'
Parking Restriction Partial
No. Lanes and Median 2/direction, TWLT /Painted /Raised Improvement (SW, C & G) C&G&SW partial
Bicycle lanes/Type None
Crosswalks/Type
Adjacent Land use Commercial
Comments
ID:

Vineyard Ave Forest Park / US 101
n/o Stroube St
CVC 22358.8 (a), keep existing speed limit
428
CITY OF OXNARD - PUBLIC WORKS DEPT./TRAFFIC DIV. SPOT SPEED STUDY Street: Vineyard Ave
Location: n/o Stroube St
Between: Forest Park / US 101 Ref. # 163
Cumulative Date: 4/22/2022 Day: Friday
Speed Frequency Percent Percent Weather: Clear
15 0 0.00% 0.00% Hours:
16 0 0.00% 0.00% Recorder: EY /AY
17 0 0.00% 0.00% Posted Speed: 35 mph
18 0 0.00% 0.00% Remarks:
19 0 0.00% 0.00%
20 0 0.00% 0.00%
21 0 0.00% 0.00%
22 0 0.00% 0.00% DATA ANALYSIS:
23 0 0.00% 0.00% Mean Speed: 36
24 1 0.64% 0.64% Standard Deviation: 4
25 0 0.00% 0.64% Standard error of the mean: 0.32
26 2 1.27% 1.91% 50th Percentile: 36
27 1 0.64% 2.55% 85th Percentile: 40
28 3 1.91% 4.46% 97th Percentile: 44
29 7 4.46% 8.92% 10 Mile Pace: 31 to 40
30 6 3.82% 12.74% % of Samples in 10-Mile Pace: 72.61%
31 9 5.73% 18.47% Comments:
32 7 4.46% 22.93%
33 13 8.28% 31.21%
34 16 10.19% 41.40%
35 10 6.37% 47.77%
36 14 8.92% 56.69%
37 13 8.28% 64.97%
38 14 8.92% 73.89%
39 10 6.37% 80.25%
40 8 5.10% 85.35% S
41 6 3.82% 89.17%
42 5 3.18% 92.36%
43 5 3.18% 95.54%
44 3 1.91% 97.45%
45 3 1.91% 99.36%
46 1 0.64% 100.00%
47 0 0.00% 100.00%
48 0 0.00% 100.00%
49 0 0.00% 100.00%
50 0 0.00% 100.00%
51 0 0.00% 100.00%
52 0 0.00% 100.00%
53 0 0.00% 100.00%
54 0 0.00% 100.00%
55 0 0.00% 100.00%
56 0 0.00% 100.00%
57 0 0.00% 100.00%
58 0 0.00% 100.00%
59 0 0.00% 100.00%
Total: 157 100%
spd_form.xls
9:40-9:55AM
0%
20%
40%
60%
80%
100%
120%Cumulative Frequency
Spot Speed, mph
Cumulative Frequency Distribution
0 2
4 6
8 10
12 14
16 18Frequency
Spot Speed, mph
Frequency Distribution
429
CITY OF OXNARD 164

ENGINEERING AND TRAFFIC SURVEY
Street: From/To:

Survey date: 4/22/2022 Day: Friday Hours: 10:00-10:20AM 0 0 Location of survey:

SPEED DATA
50th Percentile Speed (mph) 36 Existing Speed Zone 35 mph 85th Percentile Speed (mph) 39 Proposed Speed Zone 35 mph 10 mph Pace Speed (mph) 30 To 39 Justification
Percentage of Vehicles in Pace 82.9%
COLLISION HISTORY (2017-2019)
Number of Years 3 years
Total Collisions (Midblock) 20
No. with Speed violations 7
Predominant type
Collision Rate (ACC/MVM) 0.88
Expected Collision Rate (ACC/MVM) 1.00

TRAFFIC FACTORS
Average Daily Traffic 47115
Traffic Control Type Traffic signal

ROADWAY CHARACTERISTICS
Segment Length (Feet) 2316
Vertical/Horizontal Alignment Vertical (Craig /Oxnard)
Road Width 94'
Parking Restriction None
No. Lanes and Median 3/direction, #1 SB land thrns into Left Pocket, Raised Improvement (SW, C & G) Yes
Bicycle lanes/Type None
Crosswalks/Type
Adjacent Land use Commercial
Comments
ID:

Vineyard Ave US 101 / Oxnard Blvd
200 ft s/o Esplanade Dr
CVC 22358.8 (a), keep existing speed limit
430
CITY OF OXNARD - PUBLIC WORKS DEPT./TRAFFIC DIV. SPOT SPEED STUDY Street: Vineyard Ave
Location: 200 ft s/o Esplanade Dr
Between: US 101 / Oxnard Blvd Ref. # 164
Cumulative Date: 4/22/2022 Day: Friday
Speed Frequency Percent Percent Weather: Clear
15 0 0.00% 0.00% Hours:
16 0 0.00% 0.00% Recorder: EY /AY
17 0 0.00% 0.00% Posted Speed: 35 mph
18 0 0.00% 0.00% Remarks:
19 0 0.00% 0.00%
20 0 0.00% 0.00%
21 0 0.00% 0.00%
22 0 0.00% 0.00% DATA ANALYSIS:
23 0 0.00% 0.00% Mean Speed: 35
24 0 0.00% 0.00% Standard Deviation: 4
25 0 0.00% 0.00% Standard error of the mean: 0.33
26 1 0.68% 0.68% 50th Percentile: 36
27 5 3.42% 4.11% 85th Percentile: 39
28 0 0.00% 4.11% 97th Percentile: 41
29 7 4.79% 8.90% 10 Mile Pace: 30 to 39
30 7 4.79% 13.70% % of Samples in 10-Mile Pace: 82.88%
31 8 5.48% 19.18% Comments:
32 7 4.79% 23.97%
33 10 6.85% 30.82%
34 7 4.79% 35.62%
35 17 11.64% 47.26%
36 22 15.07% 62.33%
37 20 13.70% 76.03%
38 11 7.53% 83.56%
39 12 8.22% 91.78%
40 6 4.11% 95.89% S
41 2 1.37% 97.26%
42 0 0.00% 97.26%
43 1 0.68% 97.95%
44 1 0.68% 98.63%
45 1 0.68% 99.32%
46 1 0.68% 100.00%
47 0 0.00% 100.00%
48 0 0.00% 100.00%
49 0 0.00% 100.00%
50 0 0.00% 100.00%
51 0 0.00% 100.00%
52 0 0.00% 100.00%
53 0 0.00% 100.00%
54 0 0.00% 100.00%
55 0 0.00% 100.00%
56 0 0.00% 100.00%
57 0 0.00% 100.00%
58 0 0.00% 100.00%
59 0 0.00% 100.00%
Total: 146 100%
spd_form.xls
10:00-10:20AM
0%
20%
40%
60%
80%
100%
120%Cumulative Frequency
Spot Speed, mph
Cumulative Frequency Distribution
0 5
10 15
20 25Frequency
Spot Speed, mph
Frequency Distribution
431
CITY OF OXNARD 165

ENGINEERING AND TRAFFIC SURVEY
Street: From/To:

Survey date: 4/22/2022 Day: Friday Hours: 10:25-10:40AM 0 0 Location of survey:

SPEED DATA
50th Percentile Speed (mph) 42 Existing Speed Zone 45 mph 85th Percentile Speed (mph) 46 Proposed Speed Zone 45 mph 10 mph Pace Speed (mph) 37 To 46 Justification
Percentage of Vehicles in Pace 72.5%
COLLISION HISTORY (2017-2019)
Number of Years 3 years
Total Collisions (Midblock) 10
No. with Speed violations 2
Predominant type
Collision Rate (ACC/MVM) 0.59
Expected Collision Rate (ACC/MVM) 0.90

TRAFFIC FACTORS
Average Daily Traffic 26502
Traffic Control Type Traffic signal

ROADWAY CHARACTERISTICS
Segment Length (Feet) 3065
Vertical/Horizontal Alignment Vertical to Horizontal
Road Width 94'
Parking Restriction Yes
No. Lanes and Median 2/direction, Raised
Improvement (SW, C & G) Yes
Bicycle lanes/Type Class II
Crosswalks/Type
Adjacent Land use Residential /Commercial
Comments
ID:

Vineyard Ave Oxnard Blvd / H St
at Heather St
85th percentile speed
432
CITY OF OXNARD - PUBLIC WORKS DEPT./TRAFFIC DIV. SPOT SPEED STUDY Street: Vineyard Ave
Location: at Heather St
Between: Oxnard Blvd / H St Ref. # 165
Cumulative Date: 4/22/2022 Day: Friday
Speed Frequency Percent Percent Weather: Clear
15 0 0.00% 0.00% Hours:
16 0 0.00% 0.00% Recorder: EY /AY
17 0 0.00% 0.00% Posted Speed: 45 mph
18 0 0.00% 0.00% Remarks:
19 0 0.00% 0.00%
20 0 0.00% 0.00%
21 0 0.00% 0.00%
22 0 0.00% 0.00% DATA ANALYSIS:
23 0 0.00% 0.00% Mean Speed: 42
24 0 0.00% 0.00% Standard Deviation: 5
25 0 0.00% 0.00% Standard error of the mean: 0.4
26 0 0.00% 0.00% 50th Percentile: 42
27 0 0.00% 0.00% 85th Percentile: 46
28 1 0.65% 0.65% 97th Percentile: 49
29 0 0.00% 0.65% 10 Mile Pace: 37 to 46
30 2 1.31% 1.96% % of Samples in 10-Mile Pace: 72.55%
31 0 0.00% 1.96% Comments:
32 1 0.65% 2.61%
33 1 0.65% 3.27%
34 1 0.65% 3.92%
35 5 3.27% 7.19%
36 11 7.19% 14.38%
37 6 3.92% 18.30%
38 10 6.54% 24.84%
39 12 7.84% 32.68%
40 10 6.54% 39.22% S
41 4 2.61% 41.83%
42 15 9.80% 51.63%
43 15 9.80% 61.44%
44 14 9.15% 70.59%
45 13 8.50% 79.08%
46 12 7.84% 86.93%
47 6 3.92% 90.85%
48 4 2.61% 93.46%
49 6 3.92% 97.39%
50 2 1.31% 98.69%
51 2 1.31% 100.00%
52 0 0.00% 100.00%
53 0 0.00% 100.00%
54 0 0.00% 100.00%
55 0 0.00% 100.00%
56 0 0.00% 100.00%
57 0 0.00% 100.00%
58 0 0.00% 100.00%
59 0 0.00% 100.00%
Total: 153 100%
spd_form.xls
10:25-10:40AM
0%
20%
40%
60%
80%
100%
120%Cumulative Frequency
Spot Speed, mph
Cumulative Frequency Distribution
0 2
4 6
8 10
12 14
16Frequency
Spot Speed, mph
Frequency Distribution
433
CITY OF OXNARD 166

ENGINEERING AND TRAFFIC SURVEY
Street: From/To:

Survey date: 4/22/2022 Day: Friday Hours: 10:50-11:10AM 0 0 Location of survey:

SPEED DATA
50th Percentile Speed (mph) 42 Existing Speed Zone 40 mph 85th Percentile Speed (mph) 48 Proposed Speed Zone 40 mph 10 mph Pace Speed (mph) 39 To 48 Justification
Percentage of Vehicles in Pace 76.9%
COLLISION HISTORY (2017-2019)
Number of Years 3 years
Total Collisions (Midblock) 0
No. with Speed violations 0
Predominant type
Collision Rate (ACC/MVM) 0.00
Expected Collision Rate (ACC/MVM) 0.90

TRAFFIC FACTORS
Average Daily Traffic 22000
Traffic Control Type Traffic signal

ROADWAY CHARACTERISTICS
Segment Length (Feet) 2450
Vertical/Horizontal Alignment None
Road Width 94'
Parking Restriction No parking
No. Lanes and Median 2/direction, Raised
Improvement (SW, C & G) Yes
Bicycle lanes/Type Class II
Crosswalks/Type
Adjacent Land use Residential
Comments
ID:

Vineyard Ave H St / Ventura Rd
at Kentia St
CVC 22358.8 (a), keep existing speed limit
434
CITY OF OXNARD - PUBLIC WORKS DEPT./TRAFFIC DIV. SPOT SPEED STUDY Street: Vineyard Ave
Location: at Kentia St
Between: H St / Ventura Rd Ref. # 166
Cumulative Date: 4/22/2022 Day: Friday
Speed Frequency Percent Percent Weather: Clear
15 0 0.00% 0.00% Hours:
16 0 0.00% 0.00% Recorder: EY /AY
17 0 0.00% 0.00% Posted Speed: 40 mph
18 0 0.00% 0.00% Remarks:
19 0 0.00% 0.00%
20 0 0.00% 0.00%
21 0 0.00% 0.00%
22 0 0.00% 0.00% DATA ANALYSIS:
23 0 0.00% 0.00% Mean Speed: 43
24 0 0.00% 0.00% Standard Deviation: 4
25 0 0.00% 0.00% Standard error of the mean: 0.35
26 0 0.00% 0.00% 50th Percentile: 42
27 0 0.00% 0.00% 85th Percentile: 48
28 0 0.00% 0.00% 97th Percentile: 52
29 0 0.00% 0.00% 10 Mile Pace: 39 to 48
30 0 0.00% 0.00% % of Samples in 10-Mile Pace: 76.87%
31 0 0.00% 0.00% Comments:
32 0 0.00% 0.00%
33 3 2.24% 2.24%
34 0 0.00% 2.24%
35 0 0.00% 2.24%
36 2 1.49% 3.73%
37 2 1.49% 5.22%
38 5 3.73% 8.96%
39 15 11.19% 20.15%
40 15 11.19% 31.34% S
41 10 7.46% 38.81%
42 15 11.19% 50.00%
43 9 6.72% 56.72%
44 16 11.94% 68.66%
45 6 4.48% 73.13%
46 7 5.22% 78.36%
47 4 2.99% 81.34%
48 6 4.48% 85.82%
49 9 6.72% 92.54%
50 2 1.49% 94.03%
51 2 1.49% 95.52%
52 4 2.99% 98.51%
53 0 0.00% 98.51%
54 1 0.75% 99.25%
55 1 0.75% 100.00%
56 0 0.00% 100.00%
57 0 0.00% 100.00%
58 0 0.00% 100.00%
59 0 0.00% 100.00%
Total: 134 100%
spd_form.xls
10:50-11:10AM
0%
20%
40%
60%
80%
100%
120%Cumulative Frequency
Spot Speed, mph
Cumulative Frequency Distribution
0 2
4 6
8 10
12 14
16 18Frequency
Spot Speed, mph
Frequency Distribution
435
CITY OF OXNARD 167

ENGINEERING AND TRAFFIC SURVEY
Street: From/To:

Survey date: 8/1/2022 Day: Monday Hours: 2:25 -3:26p
Location of survey:

SPEED DATA
50th Percentile Speed (mph) 44 Existing Speed Zone 40 mph 85th Percentile Speed (mph) 49 Proposed Speed Zone 40 mph 10 mph Pace Speed (mph) 38 To 47 Justification
Percentage of Vehicles in Pace 74.7%
COLLISION HISTORY (2017-2019)
Number of Years 3 years
Total Collisions (Midblock) 3
No. with Speed violations 2
Predominant type
Collision Rate (ACC/MVM) 0.41
Expected Collision Rate (ACC/MVM) 0.90

TRAFFIC FACTORS
Average Daily Traffic 7000
Traffic Control Type Traffic signal

ROADWAY CHARACTERISTICS
Segment Length (Feet) 5050
Vertical/Horizontal Alignment Horizontal (at River Ridge) (Diamond /Pebble Beach) Road Width 94'
Parking Restriction No parking
No. Lanes and Median 2/direction, Raised
Improvement (SW, C & G) Yes
Bicycle lanes/Type Class II
Crosswalks/Type
Adjacent Land use Residential /Golf course
Comments
ID:

Vineyard Ave Ventura Rd / Patterson Rd
350' w/o Willow Creek Ct
CVC 22358.8 (a), sharp horizontal curve,
Continuation of speed, keep existing speed
436
CITY OF OXNARD - PUBLIC WORKS DEPT./TRAFFIC DIV. SPOT SPEED STUDY Street: Vineyard Ave
Location: 350' w/o Willow Creek Ct
Between: Ventura Rd / Patterson Rd Ref. # 167
Cumulative Date: 8/1/2022 Day: Monday
Speed Frequency Percent Percent Weather: Clear
15 0 0.00% 0.00% Hours: 2:25 -3:26p
16 0 0.00% 0.00% Recorder: DR
17 0 0.00% 0.00% Posted Speed: 40 mph
18 0 0.00% 0.00% Remarks:
19 0 0.00% 0.00%
20 0 0.00% 0.00%
21 0 0.00% 0.00%
22 0 0.00% 0.00% DATA ANALYSIS:
23 0 0.00% 0.00% Mean Speed: 44
24 0 0.00% 0.00% Standard Deviation: 4
25 0 0.00% 0.00% Standard error of the mean: 0.33
26 0 0.00% 0.00% 50th Percentile: 44
27 0 0.00% 0.00% 85th Percentile: 49
28 0 0.00% 0.00% 97th Percentile: 52
29 0 0.00% 0.00% 10 Mile Pace: 38 to 47
30 0 0.00% 0.00% % of Samples in 10-Mile Pace: 74.67%
31 0 0.00% 0.00% Comments:
32 0 0.00% 0.00%
33 0 0.00% 0.00%
34 0 0.00% 0.00%
35 1 0.67% 0.67%
36 3 2.00% 2.67%
37 3 2.00% 4.67%
38 8 5.33% 10.00%
39 6 4.00% 14.00%
40 16 10.67% 24.67% S
41 10 6.67% 31.33%
42 14 9.33% 40.67%
43 9 6.00% 46.67%
44 9 6.00% 52.67%
45 14 9.33% 62.00%
46 17 11.33% 73.33%
47 9 6.00% 79.33%
48 7 4.67% 84.00%
49 5 3.33% 87.33%
50 5 3.33% 90.67%
51 5 3.33% 94.00%
52 5 3.33% 97.33%
53 2 1.33% 98.67%
54 0 0.00% 98.67%
55 2 1.33% 100.00%
56 0 0.00% 100.00%
57 0 0.00% 100.00%
58 0 0.00% 100.00%
59 0 0.00% 100.00%
Total: 150 100%
spd_form.xls
0%
20%
40%
60%
80%
100%
120%Cumulative Frequency
Spot Speed, mph
Cumulative Frequency Distribution
0 2
4 6
8 10
12 14
16 18Frequency
Spot Speed, mph
Frequency Distribution
437
CITY OF OXNARD 168

ENGINEERING AND TRAFFIC SURVEY
Street: From/To:

Survey date: 3/17/2022 Day: Thursday Hours: 12:25-12:55PM 0 0 Location of survey:

SPEED DATA
50th Percentile Speed (mph) 40 Existing Speed Zone 45 mph 85th Percentile Speed (mph) 45 Proposed Speed Zone 45 mph 10 mph Pace Speed (mph) 36 To 45 Justification
Percentage of Vehicles in Pace 82.2%
COLLISION HISTORY (2017-2019)
Number of Years 3 years
Total Collisions (Midblock) 0
No. with Speed violations 0
Predominant type
Collision Rate (ACC/MVM) 0.00
Expected Collision Rate (ACC/MVM) 1.17

TRAFFIC FACTORS
Average Daily Traffic 5000
Traffic Control Type Traffic signal

ROADWAY CHARACTERISTICS
Segment Length (Feet) 3105
Vertical/Horizontal Alignment Horizontal at street widen Road Width 38'-80'
Parking Restriction No parking
No. Lanes and Median 1-2 /direction, Paitned /Raised
Improvement (SW, C & G) C&G all, SW S/S only
Bicycle lanes/Type Class II E/S of bridge
Crosswalks/Type
Adjacent Land use Farm Land /Park
Comments
ID:

Wooley Rd Harbor Blvd / Tradewinds Dr
200 ft E of Canal St
85th percentile speed
438
CITY OF OXNARD - PUBLIC WORKS DEPT./TRAFFIC DIV. SPOT SPEED STUDY Street: Wooley Rd
Location: 200 ft E of Canal St
Between: Harbor Blvd / Tradewinds Dr Ref. # 168
Cumulative Date: 3/17/2022 Day: Thursday
Speed Frequency Percent Percent Weather: Clear
15 0 0.00% 0.00% Hours:
16 0 0.00% 0.00% Recorder: EY
17 0 0.00% 0.00% Posted Speed: 45 mph
18 0 0.00% 0.00% Remarks:
19 0 0.00% 0.00%
20 0 0.00% 0.00%
21 0 0.00% 0.00%
22 0 0.00% 0.00% DATA ANALYSIS:
23 0 0.00% 0.00% Mean Speed: 41
24 0 0.00% 0.00% Standard Deviation: 4
25 0 0.00% 0.00% Standard error of the mean: 0.35
26 0 0.00% 0.00% 50th Percentile: 40
27 0 0.00% 0.00% 85th Percentile: 45
28 0 0.00% 0.00% 97th Percentile: 50
29 0 0.00% 0.00% 10 Mile Pace: 36 to 45
30 0 0.00% 0.00% % of Samples in 10-Mile Pace: 82.17%
31 2 1.55% 1.55% Comments:
32 1 0.78% 2.33%
33 0 0.00% 2.33%
34 0 0.00% 2.33%
35 8 6.20% 8.53%
36 8 6.20% 14.73%
37 12 9.30% 24.03%
38 10 7.75% 31.78%
39 17 13.18% 44.96%
40 10 7.75% 52.71% S
41 12 9.30% 62.02%
42 11 8.53% 70.54%
43 4 3.10% 73.64%
44 11 8.53% 82.17%
45 11 8.53% 90.70%
46 4 3.10% 93.80%
47 0 0.00% 93.80%
48 2 1.55% 95.35%
49 2 1.55% 96.90%
50 3 2.33% 99.22%
51 0 0.00% 99.22%
52 1 0.78% 100.00%
53 0 0.00% 100.00%
54 0 0.00% 100.00%
55 0 0.00% 100.00%
56 0 0.00% 100.00%
57 0 0.00% 100.00%
58 0 0.00% 100.00%
59 0 0.00% 100.00%
Total: 129 100%
spd_form.xls
12:25-12:55PM
0%
20%
40%
60%
80%
100%
120%Cumulative Frequency
Spot Speed, mph
Cumulative Frequency Distribution
0 2
4 6
8 10
12 14
16 18Frequency
Spot Speed, mph
Frequency Distribution
439
CITY OF OXNARD 169

ENGINEERING AND TRAFFIC SURVEY
Street: From/To:

Survey date: 3/17/2022 Day: Thursday Hours: 11:47AM-12:20PM 0 0 Location of survey:

SPEED DATA
50th Percentile Speed (mph) 46 Existing Speed Zone 45 mph 85th Percentile Speed (mph) 50 Proposed Speed Zone 45 mph 10 mph Pace Speed (mph) 41 To 50 Justification
Percentage of Vehicles in Pace 75.6%
COLLISION HISTORY (2017-2019)
Number of Years 3 years
Total Collisions (Midblock) 2
No. with Speed violations 0
Predominant type
Collision Rate (ACC/MVM) 0.66
Expected Collision Rate (ACC/MVM) 0.90

TRAFFIC FACTORS
Average Daily Traffic 7000
Traffic Control Type Traffic signal

ROADWAY CHARACTERISTICS
Segment Length (Feet) 2085
Vertical/Horizontal Alignment Horizontal (at Victoria)
Road Width 80'
Parking Restriction No parking
No. Lanes and Median 2/ direction, Raised
Improvement (SW, C & G) C&G all. SW S/S only
Bicycle lanes/Type Class II
Crosswalks/Type
Adjacent Land use Farm Land /Commercial
Comments
ID:

Wooley Rd Tradewinds Dr / Victoria Ave
300 ft W of Seabridge Ln
CVC 22358.8 (a), keep existing speed limit
440
CITY OF OXNARD - PUBLIC WORKS DEPT./TRAFFIC DIV. SPOT SPEED STUDY Street: Wooley Rd
Location: 300 ft W of Seabridge Ln
Between: Tradewinds Dr / Victoria Ave Ref. # 169
Cumulative Date: 3/17/2022 Day: Thursday
Speed Frequency Percent Percent Weather: Clear
15 0 0.00% 0.00% Hours:
16 0 0.00% 0.00% Recorder: EY
17 0 0.00% 0.00% Posted Speed: 45 mph
18 0 0.00% 0.00% Remarks:
19 0 0.00% 0.00%
20 0 0.00% 0.00%
21 0 0.00% 0.00%
22 0 0.00% 0.00% DATA ANALYSIS:
23 0 0.00% 0.00% Mean Speed: 46
24 0 0.00% 0.00% Standard Deviation: 5
25 0 0.00% 0.00% Standard error of the mean: 0.44
26 0 0.00% 0.00% 50th Percentile: 46
27 0 0.00% 0.00% 85th Percentile: 50
28 0 0.00% 0.00% 97th Percentile: 56
29 0 0.00% 0.00% 10 Mile Pace: 41 to 50
30 0 0.00% 0.00% % of Samples in 10-Mile Pace: 75.57%
31 0 0.00% 0.00% Comments:
32 0 0.00% 0.00%
33 0 0.00% 0.00%
34 0 0.00% 0.00%
35 3 2.29% 2.29%
36 2 1.53% 3.82%
37 2 1.53% 5.34%
38 1 0.76% 6.11%
39 3 2.29% 8.40%
40 3 2.29% 10.69% S
41 8 6.11% 16.79%
42 8 6.11% 22.90%
43 11 8.40% 31.30%
44 10 7.63% 38.93%
45 11 8.40% 47.33%
46 23 17.56% 64.89%
47 11 8.40% 73.28%
48 4 3.05% 76.34%
49 8 6.11% 82.44%
50 5 3.82% 86.26%
51 3 2.29% 88.55%
52 5 3.82% 92.37%
53 2 1.53% 93.89%
54 1 0.76% 94.66%
55 3 2.29% 96.95%
56 2 1.53% 98.47%
57 0 0.00% 98.47%
58 1 0.76% 99.24%
59 1 0.76% 100.00%
Total: 131 100%
spd_form.xls
11:47AM-12:20PM
0%
20%
40%
60%
80%
100%
120%Cumulative Frequency
Spot Speed, mph
Cumulative Frequency Distribution
0 5
10 15
20 25Frequency
Spot Speed, mph
Frequency Distribution
441
CITY OF OXNARD 170

ENGINEERING AND TRAFFIC SURVEY
Street: From/To:

Survey date: 3/17/2022 Day: Thursday Hours: 11:13-11:43AM 0 0 Location of survey:

SPEED DATA
50th Percentile Speed (mph) 46 Existing Speed Zone 45 mph 85th Percentile Speed (mph) 50 Proposed Speed Zone 45 mph 10 mph Pace Speed (mph) 42 To 51 Justification
Percentage of Vehicles in Pace 76.2%
COLLISION HISTORY (2017-2019)
Number of Years 3 years
Total Collisions (Midblock) 1
No. with Speed violations 0
Predominant type
Collision Rate (ACC/MVM) 0.08
Expected Collision Rate (ACC/MVM) 0.90

TRAFFIC FACTORS
Average Daily Traffic 14364
Traffic Control Type Traffic signal

ROADWAY CHARACTERISTICS
Segment Length (Feet) 3985
Vertical/Horizontal Alignment Horizontal (Windward /Patterson) Road Width 95'
Parking Restriction No parking
No. Lanes and Median 2/direction, Raised
Improvement (SW, C & G) Yes
Bicycle lanes/Type Class II
Crosswalks/Type
Adjacent Land use Residential
Comments
ID:

Wooley Rd Victoria Ave / Patterson Rd
200 ft W of Offshore St
CVC 22358.8 (a), keep existing speed limit
442
CITY OF OXNARD - PUBLIC WORKS DEPT./TRAFFIC DIV. SPOT SPEED STUDY Street: Wooley Rd
Location: 200 ft W of Offshore St
Between: Victoria Ave / Patterson Rd Ref. # 170
Cumulative Date: 3/17/2022 Day: Thursday
Speed Frequency Percent Percent Weather: Clear
15 0 0.00% 0.00% Hours:
16 0 0.00% 0.00% Recorder: EY
17 0 0.00% 0.00% Posted Speed: 45 mph
18 0 0.00% 0.00% Remarks:
19 0 0.00% 0.00%
20 0 0.00% 0.00%
21 0 0.00% 0.00%
22 0 0.00% 0.00% DATA ANALYSIS:
23 0 0.00% 0.00% Mean Speed: 46
24 0 0.00% 0.00% Standard Deviation: 4
25 0 0.00% 0.00% Standard error of the mean: 0.33
26 0 0.00% 0.00% 50th Percentile: 46
27 0 0.00% 0.00% 85th Percentile: 50
28 0 0.00% 0.00% 97th Percentile: 56
29 0 0.00% 0.00% 10 Mile Pace: 42 to 51
30 0 0.00% 0.00% % of Samples in 10-Mile Pace: 76.19%
31 0 0.00% 0.00% Comments:
32 0 0.00% 0.00%
33 0 0.00% 0.00%
34 0 0.00% 0.00%
35 0 0.00% 0.00%
36 0 0.00% 0.00%
37 3 2.04% 2.04%
38 6 4.08% 6.12%
39 7 4.76% 10.88%
40 2 1.36% 12.24% S
41 3 2.04% 14.29%
42 9 6.12% 20.41%
43 9 6.12% 26.53%
44 7 4.76% 31.29%
45 14 9.52% 40.82%
46 17 11.56% 52.38%
47 14 9.52% 61.90%
48 11 7.48% 69.39%
49 17 11.56% 80.95%
50 6 4.08% 85.03%
51 8 5.44% 90.48%
52 5 3.40% 93.88%
53 2 1.36% 95.24%
54 1 0.68% 95.92%
55 1 0.68% 96.60%
56 4 2.72% 99.32%
57 1 0.68% 100.00%
58 0 0.00% 100.00%
59 0 0.00% 100.00%
Total: 147 100%
spd_form.xls
11:13-11:43AM
0%
20%
40%
60%
80%
100%
120%Cumulative Frequency
Spot Speed, mph
Cumulative Frequency Distribution
0 2
4 6
8 10
12 14
16 18Frequency
Spot Speed, mph
Frequency Distribution
443
CITY OF OXNARD 171

ENGINEERING AND TRAFFIC SURVEY
Street: From/To:

Survey date: 3/17/2022 Day: Thursday Hours: 10:40-11:10AM 0 0 Location of survey:

SPEED DATA
50th Percentile Speed (mph) 46 Existing Speed Zone 45 mph 85th Percentile Speed (mph) 51 Proposed Speed Zone 45 mph 10 mph Pace Speed (mph) 41 To 50 Justification
Percentage of Vehicles in Pace 74.2%
COLLISION HISTORY (2017-2019)
Number of Years 3 years
Total Collisions (Midblock) 1
No. with Speed violations 1
Predominant type
Collision Rate (ACC/MVM) 0.08
Expected Collision Rate (ACC/MVM) 0.90

TRAFFIC FACTORS
Average Daily Traffic 14364
Traffic Control Type Traffic signal

ROADWAY CHARACTERISTICS
Segment Length (Feet) 3985
Vertical/Horizontal Alignment Horizontal (road split to RR median) (at Ventura) Road Width 95'-122'
Parking Restriction No parking
No. Lanes and Median 2/direction, RR median
Improvement (SW, C & G) Yes
Bicycle lanes/Type Class II
Crosswalks/Type
Adjacent Land use Residential /Commercial
Comments
ID:

Wooley Rd Patterson Rd / Ventura Rd
200 ft E of Novato Dr
CVC 22358.8 (a), keep existing speed limit
444
CITY OF OXNARD - PUBLIC WORKS DEPT./TRAFFIC DIV. SPOT SPEED STUDY Street: Wooley Rd
Location: 200 ft E of Novato Dr
Between: Patterson Rd / Ventura Rd Ref. # 171
Cumulative Date: 3/17/2022 Day: Thursday
Speed Frequency Percent Percent Weather: Clear
15 0 0.00% 0.00% Hours:
16 0 0.00% 0.00% Recorder: EY
17 0 0.00% 0.00% Posted Speed: 45 mph
18 0 0.00% 0.00% Remarks:
19 0 0.00% 0.00%
20 0 0.00% 0.00%
21 0 0.00% 0.00%
22 0 0.00% 0.00% DATA ANALYSIS:
23 0 0.00% 0.00% Mean Speed: 47
24 0 0.00% 0.00% Standard Deviation: 4
25 0 0.00% 0.00% Standard error of the mean: 0.32
26 0 0.00% 0.00% 50th Percentile: 46
27 0 0.00% 0.00% 85th Percentile: 51
28 0 0.00% 0.00% 97th Percentile: 57
29 0 0.00% 0.00% 10 Mile Pace: 41 to 50
30 0 0.00% 0.00% % of Samples in 10-Mile Pace: 74.19%
31 0 0.00% 0.00% Comments:
32 0 0.00% 0.00%
33 0 0.00% 0.00%
34 0 0.00% 0.00%
35 1 0.65% 0.65%
36 0 0.00% 0.65%
37 0 0.00% 0.65%
38 1 0.65% 1.29%
39 4 2.58% 3.87%
40 6 3.87% 7.74% S
41 6 3.87% 11.61%
42 12 7.74% 19.35%
43 7 4.52% 23.87%
44 12 7.74% 31.61%
45 14 9.03% 40.65%
46 22 14.19% 54.84%
47 7 4.52% 59.35%
48 15 9.68% 69.03%
49 11 7.10% 76.13%
50 9 5.81% 81.94%
51 5 3.23% 85.16%
52 11 7.10% 92.26%
53 4 2.58% 94.84%
54 1 0.65% 95.48%
55 0 0.00% 95.48%
56 2 1.29% 96.77%
57 2 1.29% 98.06%
58 3 1.94% 100.00%
59 0 0.00% 100.00%
Total: 155 100%
spd_form.xls
10:40-11:10AM
0%
20%
40%
60%
80%
100%
120%Cumulative Frequency
Spot Speed, mph
Cumulative Frequency Distribution
0 5
10 15
20 25Frequency
Spot Speed, mph
Frequency Distribution
445
CITY OF OXNARD 172

ENGINEERING AND TRAFFIC SURVEY
Street: From/To:

Survey date: 4/14/2022 Day: Thursday Hours: 12:10-12:25PM 0 0 Location of survey:

SPEED DATA
50th Percentile Speed (mph) 41 Existing Speed Zone 40 mph 85th Percentile Speed (mph) 45 Proposed Speed Zone 40 mph 10 mph Pace Speed (mph) 37 To 46 Justification
Percentage of Vehicles in Pace 82.7%
COLLISION HISTORY (2017-2019)
Number of Years 3 years
Total Collisions (Midblock) 4
No. with Speed violations 0
Predominant type
Collision Rate (ACC/MVM) 0.38
Expected Collision Rate (ACC/MVM) 0.90

TRAFFIC FACTORS
Average Daily Traffic 22171
Traffic Control Type Traffic signal

ROADWAY CHARACTERISTICS
Segment Length (Feet) 2280
Vertical/Horizontal Alignment None
Road Width 120'
Parking Restriction Diagonal parking allowed at I St/ H St No. Lanes and Median 2/direction, RR median
Improvement (SW, C & G) Yes
Bicycle lanes/Type Class II
Crosswalks/Type
Adjacent Land use Residential
Comments
ID:

Wooley Rd Ventura Rd / H St
at K St
CVC 22358.8 (a), keep existing speed limit
446
CITY OF OXNARD - PUBLIC WORKS DEPT./TRAFFIC DIV. SPOT SPEED STUDY Street: Wooley Rd
Location: at K St
Between: Ventura Rd / H St Ref. # 172
Cumulative Date: 4/14/2022 Day: Thursday
Speed Frequency Percent Percent Weather: Clear
15 0 0.00% 0.00% Hours:
16 0 0.00% 0.00% Recorder: EY / AY
17 0 0.00% 0.00% Posted Speed: 40 mph
18 0 0.00% 0.00% Remarks:
19 0 0.00% 0.00%
20 0 0.00% 0.00%
21 0 0.00% 0.00%
22 0 0.00% 0.00% DATA ANALYSIS:
23 0 0.00% 0.00% Mean Speed: 41
24 0 0.00% 0.00% Standard Deviation: 4
25 0 0.00% 0.00% Standard error of the mean: 0.35
26 0 0.00% 0.00% 50th Percentile: 41
27 0 0.00% 0.00% 85th Percentile: 45
28 0 0.00% 0.00% 97th Percentile: 50
29 0 0.00% 0.00% 10 Mile Pace: 37 to 46
30 0 0.00% 0.00% % of Samples in 10-Mile Pace: 82.71%
31 0 0.00% 0.00% Comments:
32 1 0.75% 0.75%
33 1 0.75% 1.50%
34 1 0.75% 2.26%
35 4 3.01% 5.26%
36 8 6.02% 11.28%
37 8 6.02% 17.29%
38 11 8.27% 25.56%
39 16 12.03% 37.59%
40 15 11.28% 48.87% S
41 8 6.02% 54.89%
42 18 13.53% 68.42%
43 9 6.77% 75.19%
44 7 5.26% 80.45%
45 8 6.02% 86.47%
46 10 7.52% 93.98%
47 1 0.75% 94.74%
48 2 1.50% 96.24%
49 0 0.00% 96.24%
50 2 1.50% 97.74%
51 0 0.00% 97.74%
52 3 2.26% 100.00%
53 0 0.00% 100.00%
54 0 0.00% 100.00%
55 0 0.00% 100.00%
56 0 0.00% 100.00%
57 0 0.00% 100.00%
58 0 0.00% 100.00%
59 0 0.00% 100.00%
Total: 133 100%
spd_form.xls
12:10-12:25PM
0%
20%
40%
60%
80%
100%
120%Cumulative Frequency
Spot Speed, mph
Cumulative Frequency Distribution
0 2
4 6
8 10
12 14
16 18
20Frequency
Spot Speed, mph
Frequency Distribution
447
CITY OF OXNARD 173

ENGINEERING AND TRAFFIC SURVEY
Street: From/To:

Survey date: 3/17/2022 Day: Thursday Hours: 10:07-10:37AM 0 0 Location of survey:

SPEED DATA
50th Percentile Speed (mph) 40 Existing Speed Zone 40 mph 85th Percentile Speed (mph) 45 Proposed Speed Zone 40 mph 10 mph Pace Speed (mph) 36 To 45 Justification
Percentage of Vehicles in Pace 84.2%
COLLISION HISTORY (2017-2019)
Number of Years 3 years
Total Collisions (Midblock) 3
No. with Speed violations 2
Predominant type
Collision Rate (ACC/MVM) 0.35
Expected Collision Rate (ACC/MVM) 1.00

TRAFFIC FACTORS
Average Daily Traffic 22171
Traffic Control Type Traffic signal

ROADWAY CHARACTERISTICS
Segment Length (Feet) 1880
Vertical/Horizontal Alignment Horizontal (at Oxnard)
Road Width 112'
Parking Restriction No parking
No. Lanes and Median 3/WB, 2/EB, RR median
Improvement (SW, C & G) Yes
Bicycle lanes/Type Class II
Crosswalks/Type Controlled school crosswalk
Adjacent Land use Industrial /School
Comments Driffill Elm School RRFB and Signal controlled crosswalk ID:

Wooley Rd E St / Oxnard Blvd
200 ft E of C St
CVC 22358.8 (a), school safety, keep existing
speed limit
448
CITY OF OXNARD - PUBLIC WORKS DEPT./TRAFFIC DIV. SPOT SPEED STUDY Street: Wooley Rd
Location: 200 ft E of C St
Between: E St / Oxnard Blvd Ref. # 173
Cumulative Date: 3/17/2022 Day: Thursday
Speed Frequency Percent Percent Weather: Clear
15 0 0.00% 0.00% Hours:
16 0 0.00% 0.00% Recorder: EY
17 0 0.00% 0.00% Posted Speed: 40 mph
18 0 0.00% 0.00% Remarks:
19 0 0.00% 0.00%
20 0 0.00% 0.00%
21 0 0.00% 0.00%
22 0 0.00% 0.00% DATA ANALYSIS:
23 0 0.00% 0.00% Mean Speed: 41
24 0 0.00% 0.00% Standard Deviation: 4
25 0 0.00% 0.00% Standard error of the mean: 0.31
26 0 0.00% 0.00% 50th Percentile: 40
27 0 0.00% 0.00% 85th Percentile: 45
28 0 0.00% 0.00% 97th Percentile: 49
29 0 0.00% 0.00% 10 Mile Pace: 36 to 45
30 0 0.00% 0.00% % of Samples in 10-Mile Pace: 84.24%
31 0 0.00% 0.00% Comments:
32 0 0.00% 0.00%
33 1 0.61% 0.61%
34 2 1.21% 1.82%
35 5 3.03% 4.85%
36 12 7.27% 12.12%
37 15 9.09% 21.21%
38 6 3.64% 24.85%
39 26 15.76% 40.61%
40 19 11.52% 52.12% S
41 13 7.88% 60.00%
42 21 12.73% 72.73%
43 9 5.45% 78.18%
44 7 4.24% 82.42%
45 11 6.67% 89.09%
46 6 3.64% 92.73%
47 2 1.21% 93.94%
48 2 1.21% 95.15%
49 5 3.03% 98.18%
50 2 1.21% 99.39%
51 0 0.00% 99.39%
52 1 0.61% 100.00%
53 0 0.00% 100.00%
54 0 0.00% 100.00%
55 0 0.00% 100.00%
56 0 0.00% 100.00%
57 0 0.00% 100.00%
58 0 0.00% 100.00%
59 0 0.00% 100.00%
Total: 165 100%
spd_form.xls
10:07-10:37AM
0%
20%
40%
60%
80%
100%
120%Cumulative Frequency
Spot Speed, mph
Cumulative Frequency Distribution
0 5
10 15
20 25
30Frequency
Spot Speed, mph
Frequency Distribution
449
CITY OF OXNARD 174

ENGINEERING AND TRAFFIC SURVEY
Street: From/To:

Survey date: 3/17/2022 Day: Thursday Hours: 9:35-10:05AM 0 0 Location of survey:

SPEED DATA
50th Percentile Speed (mph) 42 Existing Speed Zone 40 mph 85th Percentile Speed (mph) 46 Proposed Speed Zone 40 mph 10 mph Pace Speed (mph) 36 To 45 Justification
Percentage of Vehicles in Pace 74.4%
COLLISION HISTORY (2017-2019)
Number of Years 3 years
Total Collisions (Midblock) 5
No. with Speed violations 1
Predominant type
Collision Rate (ACC/MVM) 0.62
Expected Collision Rate (ACC/MVM) 0.90

TRAFFIC FACTORS
Average Daily Traffic 14296
Traffic Control Type Traffic signal

ROADWAY CHARACTERISTICS
Segment Length (Feet) 2720
Vertical/Horizontal Alignment Horizontal (at Richmond)
Road Width 53'
Parking Restriction No parking
No. Lanes and Median 2/direction, TWLT
Improvement (SW, C & G) C&G&SW N/S, C&G W/S
Bicycle lanes/Type None
Crosswalks/Type
Adjacent Land use Industrial
Comments Multiple RR crossings
ID:

Wooley Rd Oxnard Blvd / Richmond Ave
at Factory Ln
CVC 22358.8 (a), railroad crossing, keep
existing speed limit
450
CITY OF OXNARD - PUBLIC WORKS DEPT./TRAFFIC DIV. SPOT SPEED STUDY Street: Wooley Rd
Location: at Factory Ln
Between: Oxnard Blvd / Richmond Ave Ref. # 174
Cumulative Date: 3/17/2022 Day: Thursday
Speed Frequency Percent Percent Weather: Clear
15 0 0.00% 0.00% Hours:
16 0 0.00% 0.00% Recorder: EY
17 0 0.00% 0.00% Posted Speed: 40 mph
18 0 0.00% 0.00% Remarks:
19 0 0.00% 0.00%
20 0 0.00% 0.00%
21 0 0.00% 0.00%
22 0 0.00% 0.00% DATA ANALYSIS:
23 0 0.00% 0.00% Mean Speed: 41
24 0 0.00% 0.00% Standard Deviation: 5
25 0 0.00% 0.00% Standard error of the mean: 0.4
26 0 0.00% 0.00% 50th Percentile: 42
27 0 0.00% 0.00% 85th Percentile: 46
28 0 0.00% 0.00% 97th Percentile: 51
29 0 0.00% 0.00% 10 Mile Pace: 36 to 45
30 0 0.00% 0.00% % of Samples in 10-Mile Pace: 74.36%
31 0 0.00% 0.00% Comments:
32 0 0.00% 0.00%
33 2 1.28% 1.28%
34 6 3.85% 5.13%
35 6 3.85% 8.97%
36 13 8.33% 17.31%
37 4 2.56% 19.87%
38 10 6.41% 26.28%
39 15 9.62% 35.90%
40 8 5.13% 41.03% S
41 12 7.69% 48.72%
42 21 13.46% 62.18%
43 8 5.13% 67.31%
44 11 7.05% 74.36%
45 14 8.97% 83.33%
46 13 8.33% 91.67%
47 2 1.28% 92.95%
48 3 1.92% 94.87%
49 2 1.28% 96.15%
50 1 0.64% 96.79%
51 1 0.64% 97.44%
52 0 0.00% 97.44%
53 1 0.64% 98.08%
54 2 1.28% 99.36%
55 0 0.00% 99.36%
56 0 0.00% 99.36%
57 0 0.00% 99.36%
58 1 0.64% 100.00%
59 0 0.00% 100.00%
Total: 156 100%
spd_form.xls
9:35-10:05AM
0%
20%
40%
60%
80%
100%
120%Cumulative Frequency
Spot Speed, mph
Cumulative Frequency Distribution
0 5
10 15
20 25Frequency
Spot Speed, mph
Frequency Distribution
451
CITY OF OXNARD 175

ENGINEERING AND TRAFFIC SURVEY
Street: From/To:

Survey date: 3/17/2022 Day: Thursday Hours: 9:00-9:30AM 0 0 Location of survey:

SPEED DATA
50th Percentile Speed (mph) 39 Existing Speed Zone 40 mph 85th Percentile Speed (mph) 44 Proposed Speed Zone 40 mph 10 mph Pace Speed (mph) 35 To 44 Justification
Percentage of Vehicles in Pace 83.1%
COLLISION HISTORY (2017-2019)
Number of Years 3 years
Total Collisions (Midblock) 1
No. with Speed violations 0
Predominant type
Collision Rate (ACC/MVM) 0.13
Expected Collision Rate (ACC/MVM) 0.90

TRAFFIC FACTORS
Average Daily Traffic 14296
Traffic Control Type Traffic signal

ROADWAY CHARACTERISTICS
Segment Length (Feet) 2595
Vertical/Horizontal Alignment Horizontal (Richmond /Pacific) Road Width 93'
Parking Restriction No parking
No. Lanes and Median 2/direction, TWLT /Raised
Improvement (SW, C & G) Yes
Bicycle lanes/Type Class II
Crosswalks/Type
Adjacent Land use Industrial
Comments
ID:

Wooley Rd Richmond Ave / Rose Ave
at 1135 Wooley Rd
CVC 22358.6
452
CITY OF OXNARD - PUBLIC WORKS DEPT./TRAFFIC DIV. SPOT SPEED STUDY Street: Wooley Rd
Location: at 1135 Wooley Rd
Between: Richmond Ave / Rose Ave Ref. # 175
Cumulative Date: 3/17/2022 Day: Thursday
Speed Frequency Percent Percent Weather: Clear
15 0 0.00% 0.00% Hours:
16 0 0.00% 0.00% Recorder: EY
17 0 0.00% 0.00% Posted Speed: 40 mph
18 0 0.00% 0.00% Remarks:
19 0 0.00% 0.00%
20 0 0.00% 0.00%
21 0 0.00% 0.00%
22 0 0.00% 0.00% DATA ANALYSIS:
23 0 0.00% 0.00% Mean Speed: 40
24 0 0.00% 0.00% Standard Deviation: 4
25 0 0.00% 0.00% Standard error of the mean: 0.33
26 0 0.00% 0.00% 50th Percentile: 39
27 0 0.00% 0.00% 85th Percentile: 44
28 0 0.00% 0.00% 97th Percentile: 49
29 0 0.00% 0.00% 10 Mile Pace: 35 to 44
30 0 0.00% 0.00% % of Samples in 10-Mile Pace: 83.11%
31 0 0.00% 0.00% Comments:
32 0 0.00% 0.00%
33 4 2.70% 2.70%
34 6 4.05% 6.76%
35 7 4.73% 11.49%
36 15 10.14% 21.62%
37 10 6.76% 28.38%
38 14 9.46% 37.84%
39 22 14.86% 52.70%
40 11 7.43% 60.14% S
41 9 6.08% 66.22%
42 20 13.51% 79.73%
43 6 4.05% 83.78%
44 9 6.08% 89.86%
45 4 2.70% 92.57%
46 3 2.03% 94.59%
47 2 1.35% 95.95%
48 1 0.68% 96.62%
49 3 2.03% 98.65%
50 2 1.35% 100.00%
51 0 0.00% 100.00%
52 0 0.00% 100.00%
53 0 0.00% 100.00%
54 0 0.00% 100.00%
55 0 0.00% 100.00%
56 0 0.00% 100.00%
57 0 0.00% 100.00%
58 0 0.00% 100.00%
59 0 0.00% 100.00%
Total: 148 100%
spd_form.xls
9:00-9:30AM
0%
20%
40%
60%
80%
100%
120%Cumulative Frequency
Spot Speed, mph
Cumulative Frequency Distribution
0 5
10 15
20 25Frequency
Spot Speed, mph
Frequency Distribution
453
Radar Device Certification
(Kustom Falcon HR)
454
455
456

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.4

DATE: December 20, 2022

TO: City Council

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

SUBJECT: Sewer Use Agreement A-8503 between City of Oxnard and Channel Islands Beach Community Services District.

RECOMMENDATION

That the City Council approve and authorize an Agreement with Channel Islands Beach Community Services District, for a ten-year term ending December 31, 2033, for a new Sewer Use Agreement (SUA).

(This item is not subject to the California Environmental Quality Act pursuant to Public Resources Code section 21080(b)(1) in conjunction with title 14 of the California Code of Regulations section 15268.)

(Public Works and Transportation Committee approved 2-0.)

BACKGROUND

The Oxnard wastewater system is a regional sewer collection and treatment system that provides wastewater services to areas outside the City including the City of Port Hueneme; Channel Islands Beach Community Services District (District); unincorporated areas of Ventura County; and two naval bases. Management and control of regional wastewater services is through individual Sewer Use Agreements (SUA). The Wastewater Division is in the process of updating the SUAs. The District SUA will be the first agreement to be updated. Their current agreement expires on December 31, 2022.

Established in 1982, the District provides water, sanitary sewer, and refuse collection services to residents within the unincorporated neighborhoods of Hollywood Beach, Hollywood-by-the-Sea, and Silver Strand. The area consists of approximately 535 acres and serves an estimated population of approximately 5,000. The District previously acquired the capacity of 0.5 Million Gallons per Day (MGD) peak day dry weather flow and 0.9 MGD peak day wet weather flow at the Oxnard Wastewater Treatment Plant (OWTP).

On July 11, 2006, the City of Oxnard approved agreement A-6680 with the District. Agreement A-6680 was amended on December 16, 2008, and July 30, 2013. On May 17, 2016, the City of Oxnard approved a new agreement (A-7864) with the District. Under agreement A-7864 both parties agreed to keep the terms and conditions set forth by predecessor Agreement A-6680, except the terms and conditions that are contrary or inconsistent to A-7864. The purpose of the agreement was to engage in good faith negotiations to finalize a new Wastewater Treatment and Transportation agreement.

On November 30, 2016, the City of Oxnard executed a first amendment to A-7864 for the purpose of extending the agreement to December 31, 2018. On February 5, 2019, the City of Oxnard executed a second amendment to A-7864 for the purpose of extending the agreement to December 31, 2020, and finally, on November 17, 2020, the City of Oxnard executed a third and final amendment to A-7864 for the purpose of extending the agreement to December 31, 2022.

457

DISCUSSION

Under the current agreement, the District reimburses the City for the treatment of wastewater received at the OWTP on a quarterly basis based on the Oxnard regional formula rate in Ordinance No. 2907. In return, Oxnard reimburses the District for the use and maintenance of sewer lines within their jurisdiction on a quarterly basis based on the single- family residential rate in Ordinance No. 2917. A primary goal of the new SUA is to eliminate the two-way interagency billing between Oxnard and the District. The new SUA includes a methodology to bill the District based on actual flows from the District service area. This approach will result in a single sewer bill from Oxnard to the District.

The new SUA will establish a standard agreement that includes updated provisions such as metering of all flows, identification of service districts and connection points, inclusion of pretreatment program requirements, and the basis for billing. This SUA may be extended in ten-year increments by mutual agreement of the City and District. This new agreement template has been reviewed and approved by Oxnard and District legal teams.

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

This new Sewer Use Agreement will result in an increase in annual revenue to Oxnard from the District in the range of $250,000 to $350,000. A range is being provided since the total actual net revenue is based upon sewer flow data received as well as lease payments from Oxnard to the District for the use of their facilities.

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 2-0 on November 22, 2022 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Jan Hauser, Wastewater Division Manager, Joseph Marcinko, Assistant Public Works Director

ATTACHMENTS

1. A-8503 CIBCSD SUA
458
A-8503

Sewer Use Agreement
between
City of Oxnard and
Channel Islands Beach Community Services District

This Agreement is entered into this ___ day of_________, 202__, between the City of Oxnard (“City”) and Channel Islands Beach Community Services District (“ the District”) (hereinafter jointly referred to as the "Parties").

RECITALS

1. City owns and operates a wastewater treatment plant (OWTP), wastewater collection system, and an Advanced Water Purification Facility (AWPF) referred to as the “System”.

2. The System is regulated by a National Pollution Discharge Elimination System (NPDES) permit and by Waste Discharge Regulations (WDR) and Water Reclamation Requirements (WRR).

3. Wastewater from the District is transported and treated through the System.

4. The City has received wastewater from the District since 1982 through a series of Agreements and Amendments.

5. Facilities located within the District’s Service Area contribute domestic and non -domestic wastewater.

6. The District has purchased capacity at the OWTP in the amount of 0.5 million gallons per day (MGD) peak dry weather flow (PDWF) and 0.9 MGD peak wet weather flow (PWWF) in the OTWP.

7. The City and the District intend for this Agreement to supersede all prior agreements, amendments, notices, written and oral communications between the Parties related to the City’s receipt of the District’s wastewater.

459
A-8503
1 AGREEMENT

Now therefore, in consideration of the covenants, conditions, and promises contained herein and for such other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto agree as follows:

SECTION 1: RECITALS
The Recitals set forth above are true and correct and hereby incorporated into this Agreement by this reference, as though fully set forth herein.

SECTION 2: TERMS & CONDITIONS

2.1 This Agreement between the Parties creates a contractual right for the District to discharge wastewater from the District’s Service Area as described in “Exhibit A” to City’s Sewer System in a manner compliant with City’s code, the NPDES permit, and local, state, and federal regulations. The City contractually agrees to receive and dispose of all such wastewater under and pursuant to its standard operating procedures and provide treatment of the wastewater it receives from the District.

2.2 Term of the Agreement: January 1, 2023 to December 31, 2033.

2.3 The Parties shall, no later than one (1) year prior to the expiration of this Agreement, negotiate in good faith, terms and conditions for a new Sewer Use Agreement.

2.4 This Agreement may be terminated by mutual agreement by the Parties.

2.5 The following Exhibits are incorporated into the Agreement as though fully set forth herein and shall be referred to as follows:

Exhibit A – Service Area Map of the District
Exhibit B – Pre-treatment Program Multijurisdictional Agreement Exhibit C – Wastewater Monitoring and Reporting Requirements Exhibit D – Rates, Fees and Charges
Exhibit E – Special Service Area Conditions
The Exhibits listed above are intended to form part of the Agreement and to the extent that any exhibit contradicts this Agreement, the terms and conditions in the Agreement control.

2.6 No sewer service shall be provided by the District outside of the Service Area, identified in Exhibit A, without prior written agreement by the City.

2.7 A Party shall be in default if it fails to perform any of its obligations under this Agreement at the time performance is due. The defaulting party shall have thirty (30) days from receipt of written demand to cure such non-performance or to notify the non-defaulting Party of the existence of, and basis, for a good faith dispute. If the default is curable, but cannot be cured within the 30-day period for reasons beyond the control of the defaulting party, and the defaulting Party is diligently pursuing reasonable efforts to cure such default, the cure period shall be extended as reasonably necessary to permit performance. Should the Defaulting Party fail to cure such non-performance, the non-defaulting party may issue an Order to Comply and Monetary Fine pursuant to the City’s Emergency Response Plan. 460
A-8503
2 SECTION 3: OBLIGATIONS OF THE CITY

3.1 The City, with all due care and diligence in accordance with the Agreement, shall perform the Services set forth in Section 2.1.

3.2 The City shall manage all City-owned works, facilities, equipment, materials and supplies to carry out the Services as specified in the Agreement.

3.3 The City shall perform the services in accordance with this Agreement, the NPDES permit and local, state, and federal regulations.

3.4 The City shall be responsible for the management of this Agreement including: enforcement for breach of any section of the Agreement; review of monthly reports; monthly billing; and notification to the District of any related issues in a timely manner.

3.5 The City shall be responsible for the operation, maintenance, repair and replacement of all facilities, equipment, and related works within the Oxnard City limits including the OWTP, collection system, and pump stations.

3.6 The City shall oversee and manage the Pretreatment Program within the District’s Service Area as identified in Exhibit B.

SECTION 4: OBLIGATIONS OF THE DISTRICT

4.1 The District shall manage, operate, maintain, repair, and replace all related infrastructure within the District’s Service Area.

4.2 The District shall adopt the legal authority necessary to regulate all aspects of this Agreement within its Service Area including wastewater discharge from residential, commercial, governmental, and industrial users.

4.3 The District shall adopt an ordinance that is in conformity with Oxnard City Code Chapter 19, Article I. Sewerage System; Wastewater Disposal which may be amended from time to time.

4.4 The District shall comply with the City’s NPDES permit No. CA0054097, and WDR/WRR order R4-2020-0051 File No. 08-070 (available on oxnard.org).

4.4 The District shall comply with all applicable local, state, and federal regulations including Sanitary Sewer Overflows (SSO), per Order NO. WQ 2013-0058-EXEC and Order 2006-0003-DWQ as may be amended or updated from time to time.

4.5 The District shall comply with the Pretreatment Program requirements as identified in Exhibit B.

4.6 The District shall give reasonable notice to the City if any substantial changes are anticipated in the volume or characteristics of the District’s wastewater discharge.

4.7 The District shall submit, at a minimum, to the City Monthly Self-Monitoring Reports (SMR) as defined in Exhibit C. The City may from time to time request other related documentation. 461
A-8503
3 4.8 The District shall make data and information available to the City to support the proper management of the Pretreatment Program as defined in Exhibit B.

4.9 The District shall provide free and open access to the District’s Service Area and related infrastructure to the City at the City’s request. The City shall make its best efforts to provide reasonable notice to the District prior to the City’s access, but such notice is not mandatory. The City shall observe all safety and health regulations. The District shall provide the City with keys or access codes required to enter facilities within the District’s Service Area.

SECTION 5: WASTEWATER DISCHARGE REQUIREMENTS

5.1 Discharge Quantity

(a) The District has purchased capacity to discharge up to 0.5 million gallons per day (MGD) peak dry weather flow (PDWF) and 0.9 MGD peak wet weather flow (PWWF). (b) All flows discharged to the system shall be metered for billing and compliance purposes.

Meters shall be capable of recording total daily flow. Flows shall be metered at the location(s) identified in Exhibit A and more commonly known as Lift Station A and Lift Station B.
(c) The District shall be responsible for operation (including calibration), maintenance, repair and replacement of flow meters at Lift Station A and Lift Station B. (d) If a meter fails or malfunctions, previous monthly readings shall be used as the basis for monthly billing, as agreed to by the Parties.
(e) Meters shall be calibrated per manufacturer’s recommendation or every 3 months.

Calibration certification shall be submitted to the City.

5.2 Wastewater Quality

(a) The District shall not exceed the pollutant limits identified in Exhibit C. Any exceedance of pollutant limits as identified in the Oxnard Local Limits may result in applicable enforcement action pursuant to the Oxnard City Code Chapter 19.

5.3 Monitoring and Reporting
(a) The District shall monitor for the pollutants listed in Exhibit C at the frequency noted.

Reporting is also identified in Exhibit C. The City may require additional monitoring and reporting.

(b) Other unique monitoring, reporting or other requirements are identified in Exhibit E.

462
A-8503
4 SECTION 6: RATES, FEES & CHARGES

6.1 The City shall invoice the District monthly for wastewater services based on the Regional User Charge Formula. The charges will be calculated using the data submitted in the monthly self-monitoring report. The District shall pay monthly invoices within 30 days.

6.2 The Regional Rate shall be a wholesale rate determined through a cost-of-service rate study and updated from time-to-time.

6.3 Other Services supplied by the City including the management of the Pretreatment Program, sampling and laboratory services shall be billed on a time and material basis at the actual cost of providing the service. Invoices for such services shall include a detailed accounting of the costs.

6.4 Modifications and additional details on Rates, Fees and Charges can be found in Exhibit D.

6.5 In the event that the District fails to make any payment by its respective due date, the City may add a late payment charge pursuant to Oxnard City Code Section 19-136.

6.6 The District shall be solely responsible for any lawfully assessed penalties for non-compliance with any of the terms of this Agreement.

SECTION 7: MEETINGS

7.1 Annual Meetings:
(a) At least once every calendar year, during the term of the Agreement, the Parties shall hold a meeting for the purpose of sharing information related to this Agreement. The City shall be responsible for scheduling the meeting at a mutually agreeable time and location. (b) Annual meeting minutes shall be produced, reviewed, and accepted by the Parties.

7.2 Ad-hoc Meetings:
(a) Either Party may at any time request a meeting for any purpose at a time and location that is mutually agreed upon.

SECTION 8: MODIFICATION OF OR AMENDMENTS TO THE AGREEMENT

8.1 This Agreement may be amended, modified, or otherwise altered, or its provisions waived, only upon mutual consent of the Parties by written amendment, and in a manner specified in Section 9 of this Agreement.

463
A-8503
5 SECTION 9: NOTICE

9.1 All notices given or required to be given pursuant to this Agreement shall be in writing and by electronic means. Notices shall be addressed to each Party’s Designated Representative as set forth below.

Oxnard Designated Representative:

Channel Islands Beach Community
Services District
Designated Representative:

Name: Jan Hauser Name: Pete Martinez
Title: Wastewater Division Manager Title: General Manager Phone: 805-271-2205 Phone: 805-985-6021
Email: [email protected] Email: [email protected] Mailing
Address:
6001 Perkins Rd
Oxnard, CA 93033
Mailing
Address:
353 Santa Monica Dr.

Channel Island Beach, CA 93035

SECTION 10: RECORDS

10.1 The District shall provide the following records at the City’s request. (a) Financial records of the District’s wastewater system. (b) Files, documents, plans, drawings, specifications, notes, minutes of meetings, and e-mails related to the Agreement.
(c) Plans, programs, reports, surveys and guidelines prepared by the District in carrying out the services in the District’s area.
(d) Any local, state, or federal correspondence related to the Agreement or the operation of the District’s wastewater system.
(e) Any permits, reports, records or analytical date of non-domestic dischargers. (f) All records related to the Agreement shall be retained for a minimum of 5 years or according to the record retention laws in the State of California, whichever is longer.

SECTION 11: INDEMNIFICATION, INSURANCE & LIABILITY

11.1 Indemnification:

(a) The District shall to the fullest extent permitted by law, immediately defend, indemnify, and hold harmless City, its legislative and advisory bodies, and the City’s officials, directors, officers, employees, and agents (the “Indemnitees”) from and against all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with the District’s performance of this Agreement or the District’s failure to comply with any of its obligations contained in this Agreement, including but not limited to all liabilities that result or are claimed to have resulted from the discharge of wastewater containing hazardous substances into the System by the District or any other person in the District’s Jurisdiction using the District’s wastewater facilities. 464
A-8503
6 (b) Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. The District’s obligation to indemnify applies unless it is adjudicated that any of the liabilities covered by this Section are the result of the sole active negligence or sole willful misconduct of any of the Indemnitees.
(c) The District understands and acknowledges that the above indemnification provision extends to claims against City which arise out of, are related to, or are based upon the actual, alleged or threatened discharge, dispersal, release, saturation or escape of pollutants into the System by the District or any other person in the District’s Jurisdiction using the District’s wastewater facilities, and any directive to City to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize said pollutants, such as any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids or alkalis, chemicals and waste.
(d) City agrees to indemnify, defend and hold harmless the District and its Board, and each member thereof, and its officers, employees and agents, from and against all claims, damages, losses and expenses, direct and indirect, and consequential damages, including but not limited to fees and charges of attorneys and court and arbitration costs, arising out of or resulting from City's sole negligence or willful misconduct in City's performance under this Agreement.

11.2 Limitation of Liability:

Except in cases of criminal negligence or willful misconduct, the Parties shall not be liable to each other in contract, tort, or otherwise, for any indirect or consequential loss or damage, loss of use or loss of profits of interest costs.

11.3 Insurance:

The Parties shall maintain such insurance as may be required by law and such other insurance, to such extent and against such hazards and liabilities, including, but not limited to public liability, workman’s compensation and other liability coverage (such as errors and omissions, products or service liability coverage) as is customarily maintained by municipal entities.

SECTION 12: ASSIGNMENT OF AGREEMENT
The Parties shall not assign or transfer to any third party, the Agreement, or any part thereof, or any right, benefit, obligation, or interest therein or thereunder without the prior mutual consent of the Parties.

SECTION 13: INTERGRATED AGREEMENT
This Agreement supersedes any and all prior or contemporaneous agreements, either oral or written, between the City and the District with respect to the subject matter of this Agreement. No agreement, statement, or promise with respect to the subject matter of this Agreement, which is not contained in this Agreement, or in a valid modification or amendment to this Agreement, shall be valid or binding on either Party.
465
A-8503
7 SECTION 14: GOVERNING LAW
This Agreement, its meaning and interpretation, and the relation between the Parties shall be governed by the laws and any other instruments having the force of law in the State of California, as they may be issued and in force from time to time including, any decree of the Governor or government of the State of California. The site of any hearing or action, whether arbitration, judicial, or non-judicial, of whatever nature or kind regarding this Agreement shall be conducted in the County of Ventura, State of California. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

SECTION 15: WAIVER
No waiver shall be binding unless executed in writing by the Parties making the waiver in conformity with Sections 8 and 9 of this Agreement. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of such provisions or any of the remaining provisions of this Agreement.

SECTION 16: FORCE MAJEURE
“Force Majeure” shall mean any event, beyond the reasonable control of the District or of the City. No delay or nonperformance by either Party hereto caused by the occurrence of any event of Force Majeure shall, (a) constitute a default or breach of the Agreement; or (b) give rise to any claim for damages or additional cost occasioned thereby, if and to the extent that such delay or nonperformance is caused by the occurrence of an event of Force Majeure.

SECTION 17: COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed an original.

[SIGNATURES ON NEXT PAGE]

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A-8503
8 In witness whereof, the Parties have entered into this Agreement effective January 1, 2023.

CITY OF OXNARD CHANNEL ISLANDS BEACH

COMMUNITY SERVICES DISTRICT

John C. Zaragoza, Mayor Date Jared Bouchard, Board President Date

John Mathews, Legal Counsel Date
ATTEST:

Rose Chaparro, City Clerk Date

APPROVED AS TO FORM:

Stephen M. Fischer, City Attorney Date
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EXHIBIT A

THE DISTRICT SERVICE AREA
Exhibit A-1 District’s Service Area Limit
Exhibit A-2 District’s Sewer Connection Detail
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EXHIBIT B

PRETREATMENT PROGRAM MULTIJURISDICTIONAL AGREEMENT

1. The District shall adopt an ordinance that is in conformity with Oxnard City Code Chapter 19, Article I. Sewerage System; Wastewater Disposal.

2. The District designates the City as the agent of the District for the purposes of implementation and enforcement of the Pretreatment Program within the District’s Service Area and more commonly known as the Multijurisdictional Agreement.

3. The City, on behalf of and as agent for the District, will perform technical and administrative duties necessary to implement and enforce the Pretreatment Program within the District’s Service Area. The City will: (1) issue permits to all industrial users, which shall mean all non-domestic dischargers, required to obtain a permit; (2) conduct inspections, sampling, and analysis; (3) enforce non-compliance pursuant to Oxnard City Code Chapter 19 and provided for in the District’s sewer use ordinance; and (4) perform any other technical or administrative duties the Parties deem appropriate. In addition, City may, as the agent of the District, take emergency action to stop or prevent any discharge which presents or may present an imminent danger to the health or welfare of humans, which reasonably appears to threaten the environment, or which threatens to cause interference, pass through, or sludge contamination.

4. The District shall reimburse the City for all costs incurred in implementing and enforcing the Pretreatment Program within the District’s Service Area. City shall provide the District with a detailed accounting of all such costs with a monthly invoice.

5. The District shall take whatever action is necessary to ensure the implementation and enforcement of the pretreatment program against its non-domestic users, including, but not limited to, implementing and enforcing its sewer use ordinance on its own behalf and the City’s authority. Failure of the District to implement and enforce its sewer ordinance against its non- domestic users shall cause the City to take enforcement action pursuant to Oxnard City Code Chapter 19.

6. New non-domestic users of the District’s sewer system shall require the City’s review and approval.

7. The District shall provide the City with a comprehensive list of all non-domestic users of the District sewer system. Any changes to the list shall be identified in the Monthly Report.

8. Entitlement to Collected Penalties - All amounts received from a permit holder as a result of enforcement proceedings or special charges recovered shall be credited to City except to the extent The District requests reimbursement for extraordinary staff time and expense incurred in support of any enforcement action.
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9. Compensation to the City – the City shall be responsible for invoicing the District for all costs associated with the implementation of the Pretreatment Program in the District’s Service Area.

Should a permit holder fail to pay any permit fee, discharge fee or non-compliance fee, the City will pursue all possible means of collection and reserves the right to terminate permit and discharge privileges of the permit holder.

10. The City will invoice all the District’s non-domestic users for the annual wastewater discharge permit fee. In the event of nonpayment, the City may pursue all possible means of collection and reserves the right to terminate permit and discharge privileges of the permit holder. The District agrees to assist the City with collection of the required fees to enforce the Pretreatment Program.

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EXHIBIT C

WASTEWATER MONITORING AND REPORTING REQUIREMENTS

1.0 Monitoring

1.1 At a minimum, the following constituents shall be monitored at the frequency shown on tables C-1 and C-2.

Table C-1: Monitoring Schedule
Pollutant Monitoring Schedule Pollutant Monitoring Schedule Ammonia Annual Mercury Annual
Arsenic Annual Molybdenum Annual
Biochemical Oxygen
Demand (BOD5) Monthly Nickel Annual
Boron Annual Oil and Grease
(vegetable) Annual
Cadmium Annual Oil and Grease
(mineral) Annual
Chloride Annual Selenium Annual
Chromium Annual Silver Annual
Copper Annual Total Suspended Solids Monthly
Hydrogen Sulfide
(dissolved) Annual Total Dissolved Solids Annual
Lead Annual Zinc Annual

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Table C-2: Local Discharge Limits
Pollutant Local Limit (mg/L) Pollutant Local Limit (mg/L) Ammonia 57 mg/L Mercury 0.05 mg/L
Arsenic 0.13 mg/L Molybdenum 1.50 mg/L
Biochemical Oxygen
Demand (BOD5) 800 mg/L Nickel 0.14 mg/L
Boron 1.86 mg/L Oil and Grease
(vegetable) 250 mg/L
Cadmium 0.013 mg/L Oil and Grease
(mineral) 100 mg/L
Chloride 9,205 mg/L Selenium 0.49 mg/L
Chromium 0.44 mg/L Silver 0.06 mg/L
Copper 2.02 mg/L Total Suspended Solids 1,000 mg/L
Hydrogen Sulfide
(dissolved) 0.34 mg/L Total Dissolved Solids 1,850 mg/L Lead 0.97 mg/L Zinc 1.06 mg/L

1.2 The District shall sample for BOD5 and TSS on a monthly basis served by Lift Station A and Lift Station B at locations mutually agreed to by the Parties. If no agreement is reached by the Parties, then the City shall choose the sampling location. The samples shall be a 24-hour composite sample. The samples shall be composited proportionately in relation to flow.

1.3 Analyses of the required samples shall be conducted in accordance with the most recent edition of "Standard Methods for Examination of Water and Wastewater", jointly published by the American Public Health Association, and the American Water Works Association, and the Water Pollution Control Federation.

1.4 The District shall sample for the constituents listed in Section 1.1 by June 30, of every year.

1.5 Exceedance of any local limit shall require additional sampling, investigation, and compliance.

1.6 Flow shall be monitored and recorded for Lift Station A and Lift Station B for daily and total monthly flow.

1.7 City reserves the right to require additional samples to be collected by the District for analyses of any constituents.

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2.0 Monthly Report

2.1 The District shall submit an electronic monthly report by the 14th day of every month. This monthly report shall include:

(a) Daily and total monthly flows from each connection (LS A & LS B) (b) Analytical results for BOD5 & TSS
(c) A PDF version and an Excel file with monthly Flow, BOD and TSS data (d) Existing and new non-domestic connections
(e) Any spills or violations for the reporting month
(f) Any significant changes to the District sewer infrastructure (g) Meter calibration certification, if applicable

3.0 Annual Report

3.1 The District shall submit an annual report by July 15 of every year. This report shall include:

(a) A summary of the monthly reports of the previous year (avg flow data, BOD, TSS) (b) Results of all local limit constituents identified in Section 1.0 of this Exhibit. (c) Any significant changes to the District’s sewer system or infrastructure. (d) A summary report on SSOs, spills, and violations.
(e) The total number and type of connections by classification as of July 1st.

4.0 Additional Reporting & Information Requests

4.1 The District shall submit flow meter calibration reports from a qualified calibration company.

Calibrations shall be performed in accordance with the manufacturer’s recommendation or every 3 months.

4.2 The District shall submit technical information on all flow meters including brand, model, O&M manuals and other related information.

4.3 The District shall provide a copy of its sanitary sewer system (preferably in GIS format) to the City which shall include pipe location and size, manholes and any other appurtenance location such as pump stations and flow meters.

4.4 The District shall provide a copy of its Sanitary Sewer Management Plan (SSMP) including updates which are required every five years.

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4.5 The District shall report all spills to the City, County, and the Los Angeles Regional Water Quality Control Board as required by the most recent sanitary sewer overflows (SSOs) regulations.

4.6 The District shall provide any information required by the State to the City for review and record keeping.

4.7 The District shall provide any other relevant information requested by the City.

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EXHIBIT D

RATES, FEES AND CHARGES

1.0 Monthly Wastewater Rates and Charges

1.1 The District shall be billed monthly based on the Regional Monthly User Charge (RMUC) and the City’s proportionate share of depreciation and operation and maintenance costs of shared facilities.

Shared facilities include: Lift Station A; Lift Station B; Force Main A; Force Main B.

1.2 The current Regional Rates defined in City of Oxnard Ordinance 2907 were developed in 2016 and published in a report dated July 13, 2016. The regional rate is a wholesale rate that was calculated using certain applicable operation & maintenance costs, but did not include debt service.

1.3 Regional Treatment and Disposal Facility User Charge:

The monthly rate for the District shall be calculated by the Regional User Charge Formula as follows:

RMUC = e (Vm) + f (Bm) + g (Sm)
Where:

Vm = V (LS A) + V (LS B) - V (LS 1) - V (Victoria Users) in millions of gallons V (LS A) = Metered flow from Lift Station A
V (LS B) = Metered flow from Lift Station B
V (LS 1) = Metered flow from Lift Station 1
V (Victoria Users) = Actual billed sewer use from the users on the west side of S. Victoria Avenue discharging to the Oxnard gravity sewer that flows to LS A.

Bm = monthly biological oxygen demand (BOD) discharge in thousands of pounds as defined in Exhibit C Section 1.2
Sm = monthly suspended solids (SS) discharge in thousands of pounds as defined in Exhibit C Section 1.2
e, f, and g are unit cost coefficients established in Oxnard Ordinance 2907

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1.4 Proportionate Operation and Maintenance Costs
(a) This cost is the City’s monthly proportionate share of operation and maintenance (O&M) costs for shared facilities as defined above.
(b) O&M costs are calculated as follows:

District Budget Line Items
Annual District
O&M Expenses
FY 2023
Operations & Maintenance $100,919
Telemetry $35,374
Power $22,050
Maintenance Expenses $19,487
Salaries & Benefits $420,720
Administrative Expenses $192,955
Total $791,505

District Asset Percentage of
District System *
Proportionate
O&M Cost
Force Main A 12.90% $102,104
Force Main B 10.80% $85,483

District Asset
Percentage of
Oxnard Flow
Contribution**
Annual
Oxnard O&M
Cost
Force Main A 10% $10,210
Force Main B 53% $45,188
Annual Cost $55,398
Monthly Cost $4,617
* Percent of sewer system using foot-inches (L x D)
** AECOM report dated March 21, 2011

(c) Total monthly Operations and Maintenance charge O&M = $4,617

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1.5 Depreciation Expense
(a) The depreciation expense (DEP) is the City’s monthly proportionate share of depreciation costs for shared facilities as defined above.
(b) Depreciation costs are calculated as follows:

(c) Total monthly depreciation charge DEP = $5,686

Asset Valuation
[A] [B] [C] [D ]= [B]/[C] [E] [F] = [E]-[A] [G]=[B]-[D]x[F] Install Year
Install Cost
in 2015 Asset Useful Life Yearly Depreciation Current Year Asset Age Replacement
Cost Less
Depreciation
2015 $1,471,595 50 $29,432 2023 8 $1,236,140
Calculation Inputs
Rate of Return 7.90% [H]
Oxnard % Total 10% [I]
CIBCSD Total 90% [J]
Oxnard Depreciation Calculation
[K]=[G]x[I] [L]=[K]x[H] [M]=[D]x[I] [N]=[L]+[M]
Share of Asset Asset Return Depreciation Total Annual Payment Monthly Charge $123,614 $9,766 $2,943 $12,709 $1,059

FORCE MAIN A DEPRECIATION CALCULATION
Asset Valuation
[A] [B] [C] [D ]= [B]/[C] [E] [F] = [E]-[A] [G]=[B]-[D]x[F] Install Year Install Cost in 2015 Asset Useful Life Yearly Depreciation Current Year Asset Age Replacement
Cost Less
Depreciation
2015 $1,213,151 50 $24,263 2023 8 $1,019,047
Calculation Inputs
Rate of Return 7.90% [H]
Oxnard % Total 53% [I]
CIBCSD Total 47%* [J]
Oxnard Annual Payment Calculation
[K]=[G]x[I] [L]=[K]x[H] [M]=[D]x[I] [N]=[L]+[M]
Share of Asset Asset Return Depreciation Total Annual Payment Monthly Charge $540,095 $42,668 $12,859 $55,527 $4,627
*Per Harbor Area Wastewater Infrastructure Review 2012 - Final Report This assumes original install pipe was fully depreciated (installed 1966)

FORCE MAIN B DEPRECIATION CALCULATION
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1.6 Total Monthly Bill Calculation

(a) The District’s monthly sewer bill shall be calculated as follows:

RMUC - O&M - DEP
RMUC - $4,617 - $5,686
RMUC - $10,303

1.7 Updates to Rates Fees and Charges

(a) All rates, fees and charges will be reviewed and updated accordingly on an annual basis

2.0 Pretreatment Program Fees and Charges

Monthly charges for management and implementation of the Pretreatment program will be based on actual time and materials and will include labor, material, laboratory services, rental equipment, contracted services, and any other cost directly related to the management of the program. An itemized invoice will be sent to the District every month based on expenses from the previous month.

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EXHIBIT E

SPECIAL SERVICE AREA CONDITIONS

The District and Oxnard currently share certain wastewater facilities including Lift Station A, Lift Station B, Force Main A and Force Main B. The City is currently completing a capital project to remove Oxnard wastewater from discharging to Lift Station B. The project is currently planned for completion by the end of 2023. When this project is completed, the billing procedure identified in Exhibit D will be updated.

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CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.5

DATE: December 20, 2022

TO: City Council

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

SUBJECT: Professional Services Agreement No. 32300020 with Raftelis Financial Consultants, Inc. for a Wastewater and Environmental Resources Rate Study.

RECOMMENDATION

That the City Council approve and authorize a Professional Services Agreement with Raftelis Financial Consultants, Inc. (Raftelis), in the amount not to exceed $275,000 for a term ending June 30, 2024, for a cost of service analysis and rate study for the Wastewater and Environmental Resources Divisions.

(This item is not subject to the California Environmental Quality Act pursuant to Public Resources Code section 21080(b)(1) in conjunction with title 14 of the California Code of Regulations section 15268).

(Public Works and Transportation Committee approved 2-0.)

BACKGROUND

A cost of service study is an analysis in which the total cost to provide a utility service is spread or allocated to various customer classes of service. More particularly, this study is an analysis based on various data, such as historical and anticipated future costs, which allocates the utility’s costs to its customer classes as fairly as possible based on their consumption patterns. Cost of service studies provide useful information to a utility as part of the traditional planning process. These studies provide detailed cost information necessary for designing rates, showing cost differences among rate classes, unbundling rates into separate functional components, pricing special services, developing economic development incentives, responding to customer rate inquiries, and can be a good reference when recommending policies.

Most utilities use these studies as a guide for designing rates, to ensure that each rate class pays its fair share of the utility’s costs. Utilities should initiate this study periodically to assess whether the existing rates are sufficient to recover utility costs and margins. This will help the utility to remain financially sound and promote equity among the utility customers. Consultants are normally brought in to conduct these studies because of their broad background in the utility industry and their extensive experience conducting these studies.

Wastewater

The Oxnard Wastewater Treatment Plant (OWTP) is a regional plant with a permitted treatment capacity of over 31 million gallons per day. The OWTP provides wastewater treatment to the City of Oxnard, City of Port Hueneme, Channel Islands Beach Community Services District, unincorporated areas of Ventura County, and two (2) naval bases.

In 2017, a rate study was completed by Carollo Engineers to establish wastewater rates capable of supporting the OWTP operational, capital, and debt service requirements. The goals of the study included: having targeted reserve levels; meeting bond requirements; increasing the resilience of utility finances to address unexpected demands of the wastewater operation; and to provide funding for Phase 1 and Phase 2 of the capital improvement plan. As a result of the rate study, 482
the wastewater rates were increased over the next 5 years, ending on January 1, 2021.

Environmental Resources

The City’s Environmental Resources Division (ER) is responsible for providing collection, transfer, disposal, and container maintenance to approximately 37,000 single-family residences, approximately 15,000 multi-family living units, and commercial establishments throughout Oxnard. Residential refuse, organic waste, and recycling collection services are provided weekly. Businesses and multi-family communities are primarily serviced by front load dumpsters with pickups available six days per week.

In addition to scheduled weekly services, other collections provided by ER include neighborhood clean-up events, bulky waste drop-off collection, 311 program to clean up illegally dumped debris, curbside special collections, temporary dumpster rentals, and household hazardous waste.

In addition, the City’s ER Division owns and operates the Del Norte Regional Recycling and Transfer Station (Del Norte Facility). In FY 2021-22 ER was responsible for a year-end actual of 319,619 tons of material. Of that, the Del Norte Facility received, processed and transferred 293,987 tons of municipal solid waste, source-separated recyclables, and organic waste from permitted waste haulers and self-haulers of western Ventura County including all material collected by ER from its residential and commercial sanitation/recycling collection routes in Oxnard.

Based on the last rate study for ER completed by Black and Veatch in May 2012, City Council approved Ordinance Number 2861 “Readopting and Establishing Solid Waste System User Fees and Charges” which implemented a two-step rate increase of one percent (1%) effective on October 1, 2012, and one percent (1%) on January 1, 2013, for standard service collection. Since this date, no formal cost of service study has been completed for the refuse utility; subsequently, no further refuse rate changes have occurred.

DISCUSSION

On July 15, 2022, the Purchasing Department released a Request for Proposal PW 23-03 for a Rate Study for the Wastewater and Environmental Resources Divisions. This solicitation closed on August 5, 2022, where a total of two (2) proposals were received from Raftelis Financial Consultants, Inc. (Raftelis) and NewGen Strategies and Solutions LLC.

An evaluation team consisting of the following Public Works staff; Public Works Director, Assistant Public Works Director, Wastewater Division Manager, Management Analyst, and Material Recovery Facility Manager reviewed all proposals and Raftelis was determined to be the most qualified based on the evaluation criteria in the request for proposal. Evaluation criteria consisted of the qualifications of the proposer’s project team, proposer's past performance with similar projects, rate methodology, level of effort, and cost.

Wastewater

As a result of the previous rate study and subsequent Council approved rate increases, the wastewater finances are markedly improved. The City’s rating from Standard and Poor’s Global Ratings (S&P) on the wastewater fund increased from “A-” to “A” from calendar years 2021 to 2022. Operation and maintenance costs, capital improvement funding, debt service and reserves are all meeting stated requirements, plans and goals. The primary focus of the proposed rate study is to evaluate the rate structure which was adopted many decades ago. Specifically, the rate study will assess our current rate structure for fairness, simplicity, and clarity. In addition, the study includes an evaluation of fees, charges and penalties which have not been updated in many years. Finally, a benchmarking study will be completed which will compare wastewater rates, charges and fees with other cities in Ventura County and three similar systems in the state.

Environmental Resources

ER is an established self-supporting enterprise fund. Revenues are derived primarily from sanitation/recycling collection charges, waste tipping fees, and recycling commodities sales from the Del Norte Regional Recycling and Transfer Station that is owned and operated by the City. Together, these derived primary revenues must be adequate to fund the Solid Waste Enterprise Fund’s operations, debt service, capital improvements, and must meet reserve fund targets.

As previously stated in this report, the last rate increase for standard service collection was one percent (1%) effective on 483
January 1, 2013. Since then, operating costs have risen for labor, fuel, supplies, equipment maintenance and replacement, processing and disposal, and internal service charges. Revenues derived from user fees and charges are also needed for maintaining reserves as specified in Council Resolution No. 15,595 adopted from the annual budget FY 2022-23 that establishes financial management policies.

New operational costs have emerged due to the compliance of meeting mandates under California State requirements of AB 341, AB 1826, and SB 1383 to develop, implement and maintain the City’s mandatory commercial organics and recycling compliance programs.

The goal of this rate study is to independently assess and evaluate the City’s solid waste rates and charges, and to provide recommendations for future solid waste rates and rate structures. The objective of this study is to develop a rate structure that will adequately fund the City’s Solid Waste Enterprise Fund’s future operation and maintenance, capital projects, debt service and reserve balances while minimizing cost to the users as much as is reasonably possible.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The cost for this agreement with Raftelis, in the amount not to exceed $275,000, will be funded from existing appropriations in the approved FY 2022-23 budget from the Wastewater Operating Fund 611 (account 6113614-53200) and from the Environmental Resources Operating Fund 631 (account 6313630-53200). Funding for the subsequent fiscal year will be requested in the FY 2023-24 recommended budget.

Estimated Rate Study Spending plan
Division Account FY 22-23 FY 23-24 TOTAL
Wastewater 6113614-53200 $49,127 $73,691 $122,818
Environmental
Resources 6313630-53200 $46,892 $70,338 $117,230
As- Needed Support Various $13,981 $20,971 $34,952
TOTAL $110,000 $165,000 $275,000

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 2-0 on November 22, 2022 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Brian Yanez, Assistant Public Works Director, Joseph Marcinko, Assistant Public Works Director

ATTACHMENTS

1. Agreement No. 32300020
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Agreement No. 32300020

AGREEMENT FOR PROFESSIONAL SERVICES

COVER PAGE
(1) Agreement Start Date: December 20, 2022
(2) Consultant: Raftelis Financial Consultants, Inc.
(3) Services: Wastewater and Environmental Resources Divisions Rate Study Consulting Services (4) Schedule of Services: “See Schedule of Services Exhibit” (5) Agreement Ending Date: December 31, 2023
(6) Total Agreement Amount: $275,000
(7) City’s Project Manager: Brian Yanez, Assistant Public Works Director (8) Consultant’s Project Manager: Steve Gagnon, Senior Manager (9) Insurance Coverage: INS- B
(10) Addresses for Notice:

FOR CONSULTANT: FOR CITY:

Raftelis Financial Consultants, Inc. City of Oxnard
Union Bank Plaza Public Works Administration
445 S Figueroa St. #2270 305 W Third St., East Wing, Third Floor Los Angeles, CA 90071 Oxnard, CA 93030
Attn: Steve Gagnon, Project Manager Attn: Brian Yanez, Assistant Public Works Director (11) Contact Emails:

CONSULTANT’S PROJECT CITY’S PROJECT MANAGER:

MANAGER:

Steve Gagnon, [email protected] Brian Yanez, [email protected] The Agreement for Professional Services is attached hereto and incorporated herein by this reference. The following exhibits are also attached hereto and incorporated herein by this reference into the Agreement:
☐ Scope of Services Exhibit
☐ Rates and Costs Exhibit
☐ Insurance Exhibit (INS-B)
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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is entered into in VenturaCounty, California, onthe date that is writtenas “(1) Agreement Start Date” onthe Cover Page, whichisattachedhereto and incorporated herein by this reference. This Agreement is entered by and betweenthe Cityof Oxnard(“City”) and the personor entitylistedas “(2) Consultant” onthe Cover Page, subject tothe followingterms andconditions:

1. Scope of Services. Consultant shall provide toCitythe services listedas“(3)Services”ontheCoverPage(the “Services”). Consultant shall provide the Services during the term of this Agreement, as set forth below,accordingtothe schedule writtenas “(4) Schedule of Services” onthe Cover Page, andas further explainedintheScope of Services Exhibit, whichis attachedheretoandincorporatedhereinbythis reference. Inthe event of anyconflict betweenthe terms of this Agreement andanyincorporateddocument(s), the terms ofthisAgreementshallcontrol.

2. Standard of Performance. Consultant shall undertake and complete the Services to conclusionusingthestandard of care, skill and diligence normally provided by a professional person in the performance of similarconsulting services.

3. Correction of Errors. Consultant shall correct, at its expense, all errors which may be disclosed duringreview of the Services. Should Consultant fail to make such correction in a reasonably timely manner, suchcorrection shall be made by City, and the cost thereof shall be paid by Consultant.

4. Term. This Agreement shall beginonthe date that is writtenas “(1) Agreement Start Date” onthe CoverPage andshall endonthe date that is writtenas “(5) Agreement EndingDate” onthe Cover Page. Time is oftheessence in this Agreement.

5. Compensation. For the Services performedduringthetermofthisAgreement,CityshallpayConsultantanamount not to exceed the amount that is listedas “(6) Total Agreement Amount” onthe Cover Page, at the rateslistedinRates andCosts Exhibit, attachedheretoandincorporatedhereinbythisreference. TheratesinRatesandCosts Exhibit shall be ineffect throughthe endof this Agreement. Except as otherwise expresslyprovidedinthisAgreement, City shall not be responsible for expenses incurred by Consultant in performing the Services.

6. Invoices. Consultant shall submit a payment request toCitybythe endof eachcalendarmonthlistingtheServices provided, costs of those Services, and total amount due for the month. Each invoice must also list thecurrent balance on the Agreement, including that invoice, as well as the months remaining on the termof theAgreement. Invoices may be emailed to: [email protected].

7. Acceptance of Payment. Consultant’s acceptance of final payment made pursuant tothis Agreement shallconstitute a release of Cityfromall claims andliabilities for compensationtoConsultant for anythingcompleted,finishedor relatingtothe Services. City’s paymentshallnotconstitutenorbedeemedareleaseoftheresponsibilityand liability of Consultant for the accuracy and competency of the information provided and/or the Servicesperformedhereunder,norshallsuchpaymentbedeemedtobeanassumptionofresponsibilityorliabilitybyCityforany defect or error in the Services performed by Consultant and its employees, agents and subcontractors.Consultant shall provide City with a completed Request for Taxpayer IdentificationNumber andCertification, asissuedbytheInternalRevenueService. IfanysalestaxisduefortheServicesperformedbyConsultantormaterialsor products providedtoCitybyConsultant, Consultant shall paythe salestax. CityshallnotreimburseConsultantfor sales taxes paid by Consultant.

8. Non-AppropriationofFunds.PaymentstobemadetoConsultantbyCityfortheServicesperformedwithinthe current fiscal year are withinthe current fiscal budget andwithinanavailable,unexhaustedandunencumberedappropriationofCity. IntheeventCitydoesnotappropriatesufficientfundsforpaymentoftheServicesbeyondthecurrent fiscal year, this Agreement shall cover payment for the Services onlyuptothe conclusionofthelastfiscalyear in which City appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion. 1of 20
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Agreement No. 32300020

9. Coordination of Services. The Services shall be coordinatedwiththe personinthe positionlistedin“(7)City’s Project Manager” onthe Cover Page, subject tothe directionof the CityManagerandDepartmentDirector.Consultant hereby designates the personinthe positionlistedin“(8) Consultant’s Project Manager” onthe CoverPage as the personresponsiblefortheServiceswhoshallcoordinatewithCity’sProjectManagerinmakingbindingdecisions in line with this Agreement on behalf of Consultant.

10. Personnel. Consultant represents that it has, or shall secure at its ownexpense, all personnel requiredtoperformtheServices.AnypersonwhoperformsengineeringservicespursuanttothisAgreementshallbelicensedasa Civil Engineer by the State of California and in good standing. Consultant shall make reasonable efforts tomaintain the continuity of Consultant’s staff who are assignedtoperformthe Services. Consultant mayassociatewith or employ associates or subcontractors in the performance of the Services, but at all times shall Vendor beresponsible for its associates andsubcontractors’ labor, adviceormaterialsprovidedinfurtheranceofprovidingtheServices. ShouldanyofConsultant’semployees,assignsorsubcontractorsnotconducthim-orherselfappropriately,as determined by the City’s Project Manager, in the process of providingthe Services or anyportionthereof, theCity’s Project Manager maynotifythe Consultant’sProjectManager,whoshallimmediatelyhandletheproblem,asdetermined appropriate by him or her, such that the problem does not persist.

11. Additional Work. City may request additional specified work under this Agreement. The City’s ProjectManager must authorize all suchworkinwritingbefore commencement. Consultantshallperformsuchwork,andCityshall payfor suchadditional work, inaccordancewithRatesandCostsExhibit.Shouldtheworknotfallunderany such listed rate or cost, Consultant shall submit a quote for all additional work, which the City’s ProjectManager must approve inwritingbybefore anysuchworkmaycommence. The CityshallcompensateConsultantfor anyworkthat does not fall under a rate or cost listedinthe Rates andCosts Exhibit,andforwhichConsultantdidnot obtainthe City’s Project Manager’s writtenapproval before workcommenced, as determinedbytheCity’sProject Manager in his or her sole discretion.

12. Audit. City shall have the optionof inspecting, auditingand/or reproducingall records andother writtenmaterials usedbyConsultant inpreparingitsbillingstoCityasaconditionprecedenttoanypaymenttoConsultant.Consultant will promptly furnish all documents requested byCity. Additionally, if this Agreement is inexcess of$10,000, the State Auditor mayexamine andaudit Consultant for a periodof 3years afterfinalpaymentundertheAgreement. Regardless ofwhetheraStateauditispermitted,Consultantshallmaintainandpreserveallsuchrecordsfor a period of at least 3 years after final payment under the Agreement. Consultant shall include a copyof thisSection 12 in all contracts with its subcontractors, andConsultant shall be responsible for immediatelyobtainingthose records or other written material from its subcontractors upon a request by the State Auditor and/or City.

13. Termination. City may terminate this Agreement at anytime, withor without cause andwithout penalty,upon15dayspriorwrittennotice.Suchterminationshallbeeffectiveonthedatespecifiedinthenotice,orifnodateis specified,then10calendardaysfromthedateofdeliveryormailingofsuchnotice.ConsultantmayterminatethisAgreement at any time, with or without cause and without penalty, upon 30 days prior written notice. Suchtermination shall be effective on the date specified inthe notice, or if nodate is specified, then10calendar daysfromthe date of delivery or mailingof suchnotice andonlyif all assignments acceptedbyConsultant have beencompleted before the date of termination. Inthe event of terminationof this Agreement byeither partydue tonofault or failure of performance byConsultant, CityshallpayConsultantcompensationforallServicessatisfactorilycompletedinaccordance withall of the terms andprovisions of this Agreement, as determinedbytheCity,beforethe effective date of termination; provided, innoeventshalltheConsultantreceiveanamountexceedingthatwhichwould have been paid to Consultant for the full performance of the Services.

14. Hold Harmless, Defense and Indemnity.

If Consultant provides any architectural, landscape architectural, engineering or land surveying(“designprofessional”) services, tothe maximumextent permittedbylaw, Consultant shall holdharmless, defend,and indemnifyCity, its legislative andadvisorybodies, andthe City’s officials, directors, officers, employees, andagents (collectively, “Indemnitees”) from and against any and all claims, demands, causes of action, damages,injuries, liabilities,losses,penalties,fines,judgments,costsorexpenses,includingreimbursementofattorneys’fees,court costs andcosts ofalternativedisputeresolution,includingbutnotlimitedtothoserelatingtodeathorinjurytoanypersonandinjurytoanyproperty(collectively, “Claims”), tothe extent that theClaimsariseoutof,pertainto, Page2of 20
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or relate to the negligence, recklessness, or willful misconduct of Consultant or of anyof its officers, employees,subcontractors or agents intheperformanceoftheAgreementorinthefailuretocomplywithanyoftheobligationscontained in this Agreement. Consultant’s obligation to defend is a separate and distinct obligation fromConsultant’s dutytoindemnifyandappliesthroughfinaljudgment,includingexhaustionofanyappeals. Consultantshall be obligatedtodefendIndemnitees inall legal, equitable, administrative, orspecialproceedings,totheextentrequired herein immediately upon tender to Consultant of the Claimin any formor at anystage of anactionorproceeding. If Consultant provides no design professional services, to the maximum extent permitted by law,Consultant shall hold harmless, defend and indemnify the Indemnitees fromand against Claims caused by thenegligence, gross negligence or willful misconduct byConsultantinperformanceofthisAgreement,ortheuncuredbreachwithanyof thematerialtermscontainedinthisAgreement,byConsultantorofanyofitsofficials,directors,officers, employees, subcontractors, or agents. Consultant’sobligationtodefendisaseparateanddistinctobligationfrom Consultant’s duty to indemnify and applies through final judgment, including exhaustion of any appeals.Consultant shall be obligated to defendIndemnitees inall legal, equitable, administrative, or special proceedings,immediately upon tender to Consultant of the Claim in any form or at any stage of an action or proceeding. a. The review, acceptance or approval of Consultant’s workor workproduct byanyoftheIndemniteesshallnot affect, relieve or reduce Consultant’s indemnification or defense obligations. This Section 14 shall survivecompletion of the Services or termination of this Agreement. The provisions of this Section 14 shall not berestricted by and does not affect the provisions of this Agreement relating to insurance.

15. Insurance. Consultant shall obtain and maintain during the performance of any services under thisAgreement the insurance coverages listedwithinthe insurance document statedin“(9)InsuranceCoverage”ontheCover Page andinthe Insurance Exhibit, whichis attachedheretoandincorporatedhereinbythisreference,unlessthe City’s Risk Manager waives, in writing, the requirement that Consultant obtain and maintainsuchinsurancecoverages. Consultant shall, before performance of any Services, file with the City’s Risk Manager evidence ofinsurance coverage as specified in “(9) Insurance Coverage” on the Cover Page and in the Insurance Exhibit.Maintenance of insurance coverages byConsultant is a material element of this Agreement. Consultant’sfailuretomaintainor renewinsurancecoveragesortoproviderenewalevidence,andanylapseininsurancecoverage,maybeconsidered a material breach of this Agreement.

16. Documents and Materials.
a. All finalcomputations,exhibits,files,plans,correspondence,reports,drawings,designs,data,photographs,specifications, information, images, video files, media, or other deliverables prepared, created, drawn, calculated,photographed or developed by Consultant pursuant to this Agreement (“Documents and Materials”) shall be theCity’s property without restriction or limitation upon its use, duplication or dissemination. All Documents andMaterials shall be considered“works made for hire,” andall Documents andMaterials andanyandallintellectualpropertyrights arisingfromtheir creation, including, but not limitedto, all copyrights andotherproprietaryrights,shall be and remain the property of the City without restriction or limitation upon their use, duplication ordisseminationbytheCity. ConsultantshallnotobtainorattempttoobtaincopyrightprotectionastoanyDocumentsandMaterials. Consultant herebyassignstotheCityallownershipandanyandallintellectualpropertyrightstotheDocuments and Materials that are not otherwise vested in the City pursuant to this Section 16. b. Consultant shall deliver all Documents and Materials to City’s Project Manager uponcompletionof theServices or termination of this Agreement without additional cost or expense tothe City. Additionally, anytime atCity’s request, Cityshall be entitledtopossessionof, andConsultantshallfurnishtoCity’sProjectManagerwithin10calendar days, anyor all of the Documents andMaterials without additional costorexpensetotheCity.Inbothsituations, if Consultant prepares Documents andMaterials ona computer, Consultant shall provide CitywithsaidDocuments and Materials both in a printed format and in an electronic format that is acceptable to the City.Consultant mayretaincopies of these Documents andMaterials but must request permissionfromthe Citybeforeuse, duplication or dissemination of these Documents and Materials for any purpose other than for the Servicesprovided to the City pursuant to this Agreement. c. Any substantive modification of the Documents and Materials byCitystaff or anyuse of the completedDocuments and Materials for other Cityprojects, or anyuse of incomplete Documents andMaterials, without the Page3of 20
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written consent of Consultant, shall be at City’s sole risk and without liability or legal exposure to Consultant. d. Consultant warrants andrepresents that it has securedall necessarylicenses, consents or approvals touseany instrumentality, thing or component as to which any intellectual property right exists, including computersoftware, usedinthe renderingof the ServicesandtheproductionofallDocumentsandMaterials,andthattheCityhas full legal title toandthe right touse, duplicate or disseminate the Documents andMaterials. Consultant shalldefend, indemnifyandholdIndemnitees harmlessfromanyloss,claimorliabilityinanywayrelatedtoaclaimthatCity’s use of anyoftheDocumentsandMaterialsisviolatingfederal,stateorlocallaws,anycontractualprovisions,or anylaws relatingtotradenames,licenses,franchises,copyrights,patentsorothermeansofprotectingintellectualproperty rights and/or interests in products or inventions. Consultant shall bear all costs arisingfromthe use ofpatented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes inconnection with its provision of the services and Documents and Materials. In the event the use of any of theDocuments and Materials by the City is held to constitute an infringement and the use of any of the same isenjoined, Consultant, at its own expense, shall: secure for City the right to continue using the Documents andMaterials bysuspensionof anyinjunction, or byprocuringa license or licensesforCity;ormodifytheDocumentsand Materials so that they become non-infringing while remaining in compliance with the requirements of thisAgreement. e. This Section 16 shall survive the termination of this Agreement.

17. Confidentiality of Information.
a. For the purposes of this Agreement, “Confidential Information” means all information, inwhateverformtransmitted, relatingtothe past, present or future business affairs of the City,includingwithoutlimitation,(i)technical information, including patent, copyright, trade secret, and other proprietary information, techniques,sketches, drawings, models, inventions, processes, apparatus, equipment, algorithms, software programs, softwaresource documents, andformulas; or (ii) non-technical information, includingwithout limitationfinances, financialand accounting data and information, suppliers, customers, customer lists, purchasing data and any otherinformationbelongingtothe Cityor toa thirdpartywhose informationis intheCity’spossessionorcontrolunderobligations of confidentiality, andwhichisdisclosedtoConsultantorisdevelopedbyConsultantinwholeorinpartat the City’s expense. b. All Documents and Materials shall be considered Confidential Information and shall not bereproduced, transmitted, disclosedor usedbythe Consultant without the writtenconsentoftheCity,exceptasmaybe necessary for Consultant to fulfill its obligations to the City. c. Notwithstandingthe above, these limitationsshallnotapplytoinformationthat(i)isalreadyknowntoConsultant at the time of that information’s disclosure or becomes publicly known through no wrongful act oromission of Consultant, (ii) is communicated to a third party with the express writtenconsent of Cityandis notsubject torestrictionsonfurtheruseordisclosure,(iii)isindependentlydevelopedbyConsultantandhasnorelationto this Agreement, or (iv) is required by law, court order, court-issued subpoena or other legal process to bedisclosed; provided, however, that before makingsuchdisclosure, Consultant shall immediatelyprovide Citywithwritten notice and a reasonable opportunity for City to object to the disclosure or to take actiontomaintaintheconfidentiality of the information, unless such prior disclosure is legally impermissible. d. Consultant shallusereasonablecaretoprotecttheConfidentialInformation.Intheeventofabreachorthreatenedbreachof this Agreement, Cityshall be entitledtoobtainaninjunctionprohibitinganysuchbreach,thecosts of which shall be paidbyConsultant. Anyrelief grantedshall be inadditiontoandnot inlieuof anyotherlegal or equitable relief, including money damages. The parties acknowledge that Confidential Information isvaluable andunique andthat disclosure of the Confidential Informationinbreachof this Agreement mayresult inirreparable injury to the City. e. Other than an obligation uponthe Citytodeal ingoodfaith, the Citymakes nowarranties andshallbear no liability or responsibility for errors or omissions in any Confidential Information disclosed under thisAgreement or for anybusiness decisions made byConsultant inrelianceonanyConfidentialInformationdisclosedunder this Agreement.

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f. This Section 17 shall survive the termination of this Agreement.

18. Independent Contractor. Consultant is and shall at all times remain, as to City, a wholly independentcontractor. Neither Citynor anyof its employees oragentsshallhavecontrolovertheconductofConsultantoranyof its employees, except as statedinthisAgreement.Consultanthasandshallretaintherighttoexercisefullcontrolover the employment, direction, means of performance, location, compensation and discharge of all personsassistingConsultant, andit is free todispose of all portions of its timewhichitisnotobligatedtodevotetoCityinsucha manner andtosuchpersons, firms, orcorporationsasConsultantwishesexceptasexpresslyprovidedinthisAgreement. This Agreement shall not be interpretedtoprevent or preclude Consultantfromrenderinganyservicesfor Consultant’s own account or to anyother personor entityas Consultant inits sole discretionshall determine;provided, however, that performing such services shall not materiallyinterfere withthe Services Consultant shallperformfor the City.ExceptasCity’sProjectManagerspecifiesinwriting,Consultantanditsemployeesandagentshave no authority, express or implied, to act on behalf of City in any capacity, to incur any debt, obligation orliabilityonbehalfofCity,bindCityinanymanner,orotherwiseactonbehalfofCityasanagent.Consultantanditsemployees are not employees of City. Consultant andits employees are not entitledtoreceivefromCityanyofthebenefits or rights affordedemployees of City, includingbut not limitedtoreserve leave,sickleave,vacationleave,holidayleave,compensatoryleave,PublicEmployeesRetirementSystembenefits,andhealth,life,dental,long-termdisability and workers’ compensation insurance benefits. Consultant shall not, at any time or in any manner,represent that it or anyof its agents oremployeesareinanymanneragentsoremployeesofCity.Consultantagreesto pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold Cityharmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of theindependent contractor relationshipcreatedbythis Agreement. Consultant shall be solelyresponsiblefor,andshallsave City harmless from, all matters relating to the payment of Consultant’s subcontractors, material suppliers,directors, officers, employees, agents andrepresentatives, includingcompliance withsocial securityrequirements,federal and State income tax withholding, and all other regulations governing employer-employee relations, asapplicable. Cityshall have the right tooffset against the amount of anycompensationdue toConsultantunderthisAgreement any amount due to City from Consultant as a result of its failure to promptly pay to City anyreimbursement or indemnification arising under this Section 18.

19. NondiscriminatoryEmployment. Consultant shall notunlawfullydiscriminateagainstanyindividualbasedon race, color, religion or religious creed, national origin, ancestry, ethnic groupidentification, primarylanguage,physical disability, mental disability, medical condition, genetic information, maritalstatus,gender,genderidentity,gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status.Consultant understands and agrees that it is boundbyandwill complywithall legal nondiscriminationmandates.For every subcontractor who will perform Services, Consultant shall be responsible for such subcontractor’scompliance with this Section 19.

20. Consultant’s Representations. Consultant represents, covenants and guarantees that: a) Consultant islicensed, qualified, andcapable offurnishingthelabor,materials,andexpertisenecessarytoperformtheServicesinaccordance withthe terms andconditions set forthinthis Agreement; b) therearenoobligations,commitments,orimpediments of any kind that will limit or prevent Consultant’s full performance under this Agreement; c) totheextent required by the standard of practice, Consultant has investigated and considered the scope of Servicesperformed, has carefully considered how the Services should be performed, and understands the facilities,difficulties and restrictions attending performance of the Services under this Agreement.

21. Compliance withLaws. InperformingtheServicesunderthisAgreement,Consultantshallcomplywithallapplicable laws, ordinances andregulations. BeforeprovidinganyServicesunderthisAgreement,Consultantshall,at its ownexpense, obtainandmaintainall requiredcertificates, licenses andpermits,includingaCitybusinesstaxcertificate.

22. Conflict of Interest. If, in performing the Services set forth in this Agreement, Consultant makes, orparticipates in, a “governmental decision” as described in Title 2, Section 18704 of the California Code ofRegulations, orperformsthesameorsubstantiallyallthesamedutiesforCitythatwouldotherwisebeperformedbya Cityemployee holdinga positionspecifiedinCity's conflict of interestcode,ConsultantshallbesubjecttoCity'sconflict of interest code, the requirements of which include the filing of one or more statements of economic Page5of 20
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interests disclosingthe relevant financial interests of Consultant's personnel providingthe Services set forthinthisAgreement. Furthermore, Consultant shall not toaccept anyemployment or representationduringthe termof thisAgreement or within 12 months after completion of the Services which is or may likely make Consultant“financially interested,” as provided in California Government Code Sections 1090 and 87100, in any decisionsmade by City on any matter in connection with which Consultant has been retained pursuant to this Agreement.

23. Fictitious Name. If Consultant has a fictitious name, Consultant shall submit to City a newFictitiousBusiness Name Statement approved by any California countybefore Consultant’s prior Fictitious Business NameStatement expires if such expiration may occur during the term of this Agreement, including any term amendment.

24. Non-Assignability. This Agreement contemplates personal performance byConsultantandisbaseduponadetermination of Consultant’s personnel’s unique competence, experience and specialized personal knowledge.Consultant shall not assignor transfer anyinterest inthis Agreement or anypartthereof,whetherbyassignmentornovation, without City’s prior writtenconsent, whichmaybe withheldfor anyreasonor for noreasonat all. Anypurported assignment without written consent shall be null, void, and of no effect, and Consultant shall holdharmless, defend and indemnify Indemnitees from and against all Claims arising from or relating to anyunauthorized assignment.

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

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

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

28. Force Majeure. Neither City nor Consultant shall be responsible for delays or failures in performanceresultingfromacts beyondthe control of either party. SuchactsshallincludebutarenotbelimitedtoactsofGod,riots, acts of war, epidemics, fire, earthquakes, or other disasters.

29. Authority. Anypersonexecutingthis Agreement onbehalf of Consultantwarrantsandrepresentsthats/hehas the authority to execute this Agreement on behalf of Consultant and to bind it to the performance of theseobligations.

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

31. Integration; Amendment. This Agreement, includinganyother documents incorporatedhereinbyspecificreference, constitutes the entire and integrated agreement of City and Consultant regarding the subject matterdescribedherein. ThisAgreementsupersedesallpriororalorwrittencommunications,negotiations,representations,agreements andpromises. This Agreement maynot be modifiedor amended, nor anyprovisionor breachwaived,except in a writing, signed by both parties, that expressly refers to this Agreement.

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

33. No Waiver. Waiver by either party of any one or more of the conditions of performance under thisAgreement shall not be a waiver of anyother conditionof performanceunderthisAgreement.Innoeventshallthemaking by City of any payment to Consultant constitute or be construed as a waiver by City of any breach ofcovenant, or anydefault that maythenexist onthepartofConsultant,andthemakingofanysuchpaymentbyCityshall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.

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

35. Notice. Except as otherwise required by law, a notice or communication authorized or required by thisAgreement shall be in writing and shall be deemed received—on (a) the dayof deliveryif deliveredbyhandorovernight courier service duringCity’s regular business hours or (b) the thirdbusinessdayfollowingdepositintheUnitedStates mail, postage prepaid—tothe addresses listedas“(10)AddressesforNotice”ontheCoverPageoratsuch other address as one party may notify the other in writing.

36. Counterparts.ThisAgreementmaybeexecutedinoneormorecounterparts,eachofwhichshallbedeemedtobe anoriginalandallofwhich,whentakentogether,shallbedeemedtobeoneandthesameagreement.Asignedcopy of this Agreement transmitted by email to Project Managers’ emails listedin“(11) Contact Emails” ontheCover Pageorbyothermeansofelectronictransmissionshallbedeemedtohavethesamelegaleffectasdeliveryofan original executed copy of this Agreement for all purposes.

37. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwiseunenforceable byacourtofcompetentjurisdiction,theremainingprovisionsofthisAgreementshallcontinueinfullforce and effect. [Signatures on next page]
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IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the date that is written as “(1)Agreement Start Date” on the Cover Page.

CITY OF OXNARD RAFTELIS FINANCIAL CONSULTANTS, INC.

Jennifer Yates,
1 Date Pieffer Brandt, DatePurchasing Agent President/CEO Jessica Jasso DateATTEST: Corporate Secretary
Rose Chaparro, CITY Clerk Date(only if Mayor authorizes) APPROVED AS TO FORM:

Stephen M. Fischer, CITY DateAttorney (always required) 1 The City Council must authorize any agreement over $200,000 annually. The City Manager may authorize anyagreement over $100,000 up to $200,000 annually. The Purchasing Agent may authorize any agreement up to$100,000 annually. All agreements shall be executed by the Purchasing Agent.

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SCOPE OF SERVICES EXHIBIT
This project shall consist of all the tasks necessaryfor development andimplementationofanewratestructureforeach of the two City of Oxnardutilities (SolidWaste andWastewater). Throughthe development of updatedratestructures, the Cityisintendingthatratestudiesfortherespectivedivisionbeseparatedintostandalonereports,soifneeded, canbe staggeredinimplementationand/or presentations. The tasks for eachrespectiveutilityshallincludebut not be limited to:

Task 1 - Project Management-(The following subtask shall be completed as part of Task 1)

1. Project Management - Consultant shall address the management andadministrative responsibilities associatedwith project initiation, schedule, budget control, monthly invoicing and progress report preparation, internalteam coordination, and coordination with the City. Monthly invoicing shall include a transmittal lettersummarizing the budget, schedule; work completed to date and anticipated work in the upcoming month.Detailed labor back-up shall be provided.2. Schedule Development- Consultant shall developa schedule for the studyina manner that, if needed, canbeimplementedinawaythatindividualutilitiescanbeprioritized,i.e.theCityandConsultantcanchoosetoworkon one or both of utilities at any one time. Currentlythe Cityis prioritizingthe rate studies inthe followingorder: Solid Waste followed by Wastewater.3. Meetings – The following meetings should be assumed:a. Kick-off meeting to verify scope, reviewschedules, discusses information needs andcommunicationsand any other related project issues.i. Discuss City’s Project Drivers ii. Introductions between City staff and consultant s Project Teamiii. Identify areas of concern or key issues and confirm study goals and objectivesiv. Finalize the work plan and schedulev. Discuss the City’s rate objectivesvi. Discuss the data request and any additional data requirementsb. Monthly status meetings – Consultant shall assume sixvirtualmeetings per utility.a. Consultant and City Shall discuss data needs, schedule, and any City decisions needed to moveforward. c. Public Relations and Outreach meetings - Consultant shall assume up to six meetings per utility.d. Draft and final report review meetingse. Attendance and presentation at City Committee meetings and the City Council meetings - Consultantshall assume up to 6 totals.4. QualityAssurance/QualityControl (QA/QC) –TheconsultantshalldevelopaQA/QCplanforthereviewofalldeliverables. Performed at two project milestones: 1) at the completion of the financial planand2) after thecompletionof the cost of service andrate design.Ourqualityassurance/qualitycontrol(QA/QC)programisasfollows:a. Built-InModel Checks: 1) Ties toTotal OperatingBudget;2)Revenuerequirementchecktoensureratesare collectingthe right amount of revenue derivedfromthefinancialplan;and3)Revenueprooftoensurerates are designed to collect the total revenue requirement.b. Project Manager Review: The Project Manager shall review each model worksheet at each projectmilestone.c. Senior Consultant Review: ASenior Consultant, who is not involvedwiththe project, shall performacomplete model review. This review includes both modeling integrity and adherence to commonrate-setting practices. Analysts not involved with the project provide a fresh perspective.

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Deliverables – Monthly invoices, meeting minutes, schedule variations basedonprioritization, andQA/QCplan,verification, and required presentations Task 2 - Information Review and Data Collection

1. Consultantshallsubmitarequestforinformation(RFI)andreviewinformationfromtheCityincluding,butnot limited to:
a. current and future flow/usage projectionsb. population projectionsc. current and future planned developmentd. sphere of influencese. customer billing informationf. five (5) years of revenues and expensesg. City financial policiesh. current ordinancesi. debt documentsj. capital improvement programk. historical rate studiesl. current and future capital improvement plan and fundingm. regional agreementsn. and any other related information needso. current programs and future programs Deliverables – Technical Memo summarizing information reviewand any discrepancies or missinginformation.RFI Task 3 - Financial Plan and Revenue Requirements

1. Consultant shall determine future revenue requirements to sufficiently fund each utility’s operations andmaintenance (O&M), capital replacement and refurbishment (R&R) program, capital improvement plan,debt service requirements, and reserve funding. To ascertain the utility’s financial condition, Consultantshall evaluate current and projected revenues, water usage, expenses, and the appropriate use of debt. Forcapital investment, Consultant shall incorporate the City’s most recently completed Master Plans andCapital Improvement Program documents in the financial plan to ensure that the utility can fully fundcapital needs throughout the planning horizon. Consultant shall provide revenue requirements over a10-year planning horizon. Doing so illustrates future rate impacts and potential challenges to the City’sfinancial health so the City can plan expenses, reserve balances, or capital project scheduling to smooth rateimpacts.

2. Develop and provide an easy to use rate model in Microsoft Excel and train staff howto use it. Userfriendly flexible model shall include a financial plan dashboard with the following features:a. Flexibility to change many assumptions such as Water or Wastewater use, Tonnage Generation,Fleet Replacement Cycle, CIP levels, Revenue Adjustmentsb. Error flagging and problematic results such as failure to meet Debt Coverage, below targetreserves, etc.c. Sensitivity analyses and various “what-if” scenario assessments, so that impacts can be viewedinstantaneously with built-in screen graphicsd. Evaluate cost of service rate adjustment options over an extended planning periode. Recommend a 5 year rate adjustment strategy to establish cost of service rates Page10of 20
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f. Reserve analysis must be part of the rate model
Deliverables– Technical Memo summarizing the resultsof the wastewater revenue requirements. Assumptionsshould be clearly identified. Consultant shall draft a financial planning model in Microsoft Excel. Consultant shallhold up to two webinars to review assumptions and finalize the financial plan with which to calculate rates.Budgeted for a half-day webinar to train (4 hours) staff on model use.

Task 4 - Cost-of-Service Analysis
The consultant shall developanExcel spreadsheet (or equivalent) toolthatincorporatestheresultsofTasks3and4andallows for the evaluationof alternatives. The cost ofservicetoolshallincludeataminimumestimatedrevenuerequirements for the next five years, costallocations,customerclassallocations,debtservice,capitalimprovementsand comparison of existing to new proposed rates.1. Functionalizing revenue requirements to functions. For example, typical water functions include supply,treatment,pumping,storage,distribution,meterreading,andcustomerservice.Solidwastefunctionswouldinclude collection service type and materials management functions at the Del Norte Recycling andTransfer Station. The other utilities have different functions.2. Allocatingthose functions tocostcausativefactors,whicharespecifictoeachutility.Forexample,supply,base costs, maxday,andmaxhourcostsforawaterutility.Solidwastefactorsmayinclude,butnotlimitedto, quantity of waste and collection routing requirements. 3. Distributingcost components to customer classes basedon how customers use the services of each utilityDeliverables –Cost of Service tool, Technical Memodescribingthe use of the tool, assumptions andalternatives.Consultant shall provide Cost-of-service analysis in Microsoft Excel. Webinar if needed Task 5 - Five-Year Rate Design and Calculation
Rate model shall consist of the following three modules:

Financial Planning Module - Task 3Cost-of-Service Module - Task 4Rate Calculation Module - Task 5 The rate model shall include a summary of customer bill impacts of the proposedrate structure. Consultant shallgraphically illustrate customer bill impacts at different usage levels and/or meter sizes. This tool has provenparticularly useful for public outreach and during the Proposition 218 process. Consultant shall also illustrateclass-wide impacts based on consumption through a dollar impact distribution graph.

General services providedbythe utilities toall customers shouldbe evaluatedandincorporatedintotheratemodelas allowedbycodes, regulations, andlaw. Additionally, reviewandrecommendationsforrateassistanceprogramsshould be analyzed. Consultant shall meet and discuss with staff fromeach utility to identify general servicesprovided and assistance programs.

Specific items to be included in rate design development for respective divisions include but are not limited to:

1. The consultant shall evaluate alternatives to the existing rate designs. The annual costs of providingservices shouldbe allocatedamongcustomerclassescommensuratewiththeirservicerequirements.Inthisstep, costs are identified and allocated tocost components anddistributedtorespective customer classesaccording to the industry standards. An analysis shall be completed for the following:a. Evaluation and comparison of Rate Structure options Page11of 20
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b. The use of the User Charge Formula for Regional and Industrial Customers vs. ResidentialCustomers (Wastewater only)c. Minimum Monthly Chargesd. Recommended Reserve amounts

2. Bill Impacts - The Consultant shall determine the potential financial impact oncustomers thatresultfromthe proposed rate structures. The model shall include a series of tables and figures (graphs) that showprojected rate impacts on different types of customers at various use levels andmeter sizes. Class-wideimpacts shall be illustrated via a dollar impact distribution graph.

Solid Waste a. Cost of service analysis for each of the services provided and each of the waste streamsb. Analysis of residential cart systemtodetermine most efficient cart size (64-gallonor 96-gallon)for standard and variable residential curbside servicec. Container size, type, and useful lifed. Equity of rates between customer classes for different types of services provided, andtypes ofwaste disposed of.e. Cost impacts toimplement California Statemandatesofrecyclingcomplianceprograms:AB341,AB 1826, AB 827 and SB 1383.f. Customer user fees for tipping waste at the Del Norte Regional Recycling and Transfer Stationg. Identify and separately study non-Proposition 218fees relatedtothe operationof the Del NorteRegional Recycling and Transfer Stationh. Analysis of technology and toolsi. Electronic work order systemii. GIS mappingiii. Routing/rerouting systemiv. Solid waste softwarei. Refuse vehicle replacement programj. Analysis of street sweeping costs associated with refuse collectionk. Operation and maintenance of vehicles consisting of dumptrucks, tractor trailers, front loaders,side loaders, trash/recycling trucks, tipper trailers, flatbed trucks, forklifts, etc.l. Operation and maintenance of transfer station.m. Operation and maintenance of a Buyback Center for Household Hazardous Waste.n. Negotiations with recycling vendors on commodity prices.o. Transportation of solid waste to the landfill or recycling vendors.p. Research, evaluate, and implement various waste diversion methods.q. Citywide Neighborhood Bulky Item Drop-Off Daysr. Del Norte Drop Off-Dayss. Citywide street sweeping.t. Write and execute waste diversion grant projects.u. Maintenance andrepair of solidwaste equipment, includingtrash/recyclingcollectioncontainers(carts), dumpsters, roll-offs cardboard compactor, plastic film baler, etc.v. Coordination of special trash and recycling collection programs for neighborhoodevents, blockparties, and special trash and recycling collection requests by delivering and removingtrash/recycling carts, dumpsters, or roll-off containers.w. Special collection of bulky items.x. Reviewcommercial trashandrecyclingservice requests, determine serviceneeds,andcoordinateaccount set-up with the Finance Department.y. Create and distribute education materials for waste diversion.Page12of 20 497
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z. Collect and recycle holiday trees annually.

Solid Waste Rate Design ConsiderationsConsultant shall identify funding requirements of the solid waste system considering Operating, Capital, ContainerFleet, Regulatory Compliance, and other solid waste related funding requirements. Through task 4 consultants shallfunctionalize the costs by type of service and by class of customer. The cost allocation may functionalize costsaround new services as may be required for regulatory compliance. Task 5 shall focus on balancing thecost-of-service with other rate design objectives of the City with the proposed rates. The rate design may considerthe development of new fees for service. This task shall consider the recently completed solid waste capital recoveryand connection fee study.

Wastewater a. Tiered rate versus single rate for single and multi-family unitsb. The use of the User Charge Formula for regional andindustrialcustomersvs.asingleflowbasedcharge with surchargesc. The percentage of wastewater returned to the sewer based on customer class and water meterusage Wastewater Rate Design ConsiderationsConsultant shall discuss the pros and cons of the current (volumetric) rate structure with City Staff; as well as,provide alternatives to the formula for industrial customers and review/calculate return to sewer factors.

Deliverables– Consultant shall provide Rate Modelin Microsoft Excel as well as a technical memorandumdiscussing the pros and cons of each rate structure. Consultant shall provide up to three virtual web meetings withCity staff to review rate results.

Task 6 - Fees, Charges and Penalties
Wastewater
The consultant shall review current rates, fees and charges and propose modifications and additions.Specifically, it is desiredthatthePretreatmentProgrambecomesself-funded.Currentannualfeeshavenotbeenmodifiedfor nearly20years. Fees andcharges tobe evaluatedare annual programfees, late fees, surcharges,penalties for permit violations andotheridentifiedchargesbasedonprogramcosts.Aconnectionfeestudywasrecently completed and should be reviewed.

Solid Waste
The consultant shall reviewcurrent rates, fees andcharges andpropose modifications andadditions relatedtoSolid Waste operations. Specifically, it is desired that the state mandates from AB 1826 and SB 1383non-fundedmandates andcompliance orders be reviewed. Fees andcharges tobe evaluatedare programfees,late fees, surcharges, penalties for go backs and other identified charges based on operational costs.

Consultants approach shall be as follows:

1. Interview staff to determine the stand-alone process for service provision. Determine and identify thespecific labor, materials, equipment, and other applicable costs required for the miscellaneous solid wastefees, charges, and penalties. Evaluation shall consider the impacts from compliance with SB 1383 as itrelates to the fees, charges, and penalties considered in this task. Regulatory costs associated withcompliance with SB 1383 and other applicable regulations are considered in prior tasks as it relates to theprincipal charges for service.

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Deliverables –Consultant shall provide a Technical MemoCost of Service tool for the pretreatment programandsolid waste fees in Microsoft Excel. Memo shall describe the use of the tool, assumptions and alternatives byreviewingthe methodologyandcalculationof the fees andhowtouse the calculationtoupdate thefees.Twowebmeetings or as/if needed meetings to discuss Pretreatment Program and Solid Waste related fees, charges, andpenalties.

Task 7 – Benchmarking (Rate Survey)
The consultant shall completeabenchmarkingstudytocomparecurrentandproposedratesandratestructures,fees,charges and penalties with all municipal utilities in or operators serving Ventura County and three (3) mutuallyagreedonsimilarutilitiesinCalifornia.ComparableutilitiesinCaliforniashallbesimilarinpopulationsizesserved,treatment type, and operational volume

1. Consultant shall customize research from the California and Nevada rate survey to include agencies that aresimilar in size and in Ventura County. Consultant shall prepare a report summarizing the research whichincludes the prevalence of each rate structure. To the extent practical propose mirroring entities surveyedfor the wastewater system with that of the solid waste system unless otherwise directed by City staff.Consultant shall confirm the benchmarking survey criteria and entities with City staff prior to commencingthe task.

Deliverables– Technical Memo describing the benchmarkingapproach, details on the comparable utilities andcomparison of different customer classes at current and proposed new rates. Benchmarking results shall be providedin the rate model and be used in presentations to staff, Council, and the public.

Task 8 - Ordinance Review and Update
TheconsultantshallprovideadigitalupdateofthecurrentrespectiveOxnardUtilityrateordinancesclearlyshowingrecommendedmodificationsusingtrackchanges(orequivalent)asnecessaryfortheimplementationofthefinalratestructure, fees, and policies as a result of the Rate Study.

Deliverables– Red-lined Oxnard rate ordinances
Task 9 - Public Outreach, Facilitated Stakeholder Workshops, City Council & Committee Meetings, andPublic Hearing

1. Prepare reports and present findings and rate/fee recommendations to City staff.2. Incorporate any City comments and finalize the report.3. Prepare rates, reports, and findings to present at a public workshop.4. Assist City staff with developing the annual rate review which incorporates conditional, automaticadjustments intothe rate reviewoptions, basedona numberofacceptedvariables(triggers)incompliancewith Proposition 218.5. Prepare staff reports and PowerPoint presentations to present rates and rate study to Commissions,Inter-Neighborhood Council Organizations, stakeholders, City Council6. Committees andCityCouncil meetings at a Public Hearingincollaborationwithstaff. - assume upto10meetings total.

Key Influencer/Stakeholder Engagement Workshop Facilitation Consultant’s strategic communications team shall consult with the City to facilitate a key influencer/stakeholderengagement workshop per utility, ideally before the rate study results are finalized and presented at the variousoutreach meetings. Facilitators shall establish clear contexts for all deliberations, create an environment where all Page14of 20
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parties are comfortable, listen actively, evoke the creativity of the group, ask appropriate questions, and assessprogress. Above all the facilitator’s role is to ensure decisions are made when necessary to keep the workgroupmoving forward and ensure meeting process and outcomes. As facilitators, consultants shall provide a workshopagenda, PowerPoint presentation, and a summary report for consideration in the final rates and feesrecommendations. As proposed, the City shall coordinate logistics for a workshop location and provide materialssuch as a projector, screen, flipcharts, markers, etc.

Public Outreach Meetings
Consultant shall present at public outreach meetings to inform the public about the need to adjust rates.Presentation(s) shall be reviewed by award-winning communications staff who are experts at developing clear,compelling, and consistent messages that build awareness and support with stakeholders. Feedback received fromkey stakeholders in these meetings will help guide the overall direction of the studies and inform the methodologiesand options ultimately selected for the final rate proposals.

City Council & Committee Meetings and Public Hearings
Consultant shall present at public hearings to summarize the rate studies to the public and City Council includingidentifying the need for increased revenue and the cost/rate nexus and answer questions as directed by City Staff.

Deliverables– Presentations in PowerPoint, Agendas for each meeting and meeting minutes. Workshop Facilitation,PowerPoint, Agenda, Summary Report.

Planned Meetings:Based on a staggered solid wasteand wastewater rate study consultant assumed a total of 24meetings: a. 1 influencer/key stakeholder engagement workshop for solid wasteb. 1 influencer/key stakeholder engagement workshop for wastewaterc. 5 public outreach meetings for solid wasted. 5 public outreach meetings for wastewater e. 6 Council/Committee meetings for solid waste f. 6 Council/Committee meetings for wastewater Two public hearings are incorporated into the council meetings for a total of 24 meetings.

Task 10 - Proposition 218 Public Hearing Notice Preparations Consultant shall prepare the public hearing notice as required Proposition 218. Consultant shall prepare a draftnotice for reviewandincorporate comments intothe final notice. The Cityshall mail thenoticetoallcustomersofrecord.

Consultant shall provide the following:1. Prepare the public notice for the wastewater and solid waste enterprise. Assumed two separate publichearing notices to accommodate staggered schedules.2. Consultants Proposition 218 notifications go beyond the minimum dictated by statute to deliver visuallyappealing pieces that customers want to read. Consultants in-house Strategic Communications Services is ateam of accredited communications experts who have spent decades in utility and public sectorcommunications as consultants and leaders of public affairs programs for large and small agencies acrossthe country. 3. Consultant’s team specializes in providing strategic communications counsel, public engagement, andcommunity involvement, and shall provide the City with guidance, structure, strategies, tools, and tactics tocommunicate clearly and broadly to customers and key stakeholders.4. Consultant shall match the City’s established brand guidelines and design custom graphics to support clear,positive messaging that will be woven into the piece.

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5. Consultant shall deliver final press-ready PDFs for the City to print and mail notices to all parcel ownersand customers of record.

Deliverables –Draft Proposition218PublicNoticePDFfile;finalProposition218PublicNotice.Draftnotificationlanguage for Citylegalcounsel’sreview/approval,designednoticewithtworoundsofrevisionspernotice,andfinalbilingual (translated by the City) press-ready PDFs.

Task 11 - Draft and Final Report
The consultant shall developa draft staff reportandfinalcomprehensivereportthatincludesanexecutivesummaryandsummarizes the studywithdetailedanalysis inattachments or appendices for eachindividual utility.Citystaffshall provide review comments on the draft report that will be incorporated into the final report.

Inaddition, anyspreadsheets orcomputerprogramsdevelopedaspartofthisprojectshallbeprovidedtotheCityofOxnardfor future use. The consultant shall provide trainingor provide a trainingmanualtoCityStaffmembersonthe logic used to develop the spreadsheets or program and its use.

Consultant shall:

1. Seek City Council direction, through a PowerPoint presentation, prior to completing a draft report. This isto avoid major report rewrites as City Council can often provide input that redirects the studies changingthe rates report text. 2. Prepare a stand-alone draft report for each utility including an executive summary and walk the readerthrough the complete rate derivation. The report will discuss the basis and assumptions concerning thedevelopment of the financial plan and describe all rate design assumptions and methodologies for theproposed rates. Upon providing City staff sufficient time to review and provide comment, the consultantshall incorporate applicable revisions. The report will include supporting data from the model to address therequirements of Proposition 218.

Deliverables –Report outline, draft report andfinal rate studyreport inMicrosoft Word. The financial modelandreport shall become property of the City. Budgeted for a half day webinar to instruct staff on model use.

Task 12 As-Needed Support
Additional as-needed support related to the development andimplementationof updatedrate structures. All workunder this task must be pre-authorized by designated City RepresentativeOptional Tasks Strategic Communication Plan1. Conduct research, situation analysis, and environmental scan of current issues and communicationslandscape that may impact customer rate change acceptance.2. In conjunction with City staff perform stakeholder identification and interest/influence mapping exercise toensure key influencers are connected to the communication process while identifying the communicationneeds of any special populations.3. Develop a messaging platform for internal and external audiences and provide information and context forwhy rates may be changing, information about how the increases will benefit customers and how the resultswill be implemented, and examples of typical customer impacts.4. Provide a strategy for using the City's website, social media, printed and electronic materials, bills, directmail, newsletters, and staffing resources if/where available.

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Communication Collateral – Development and DesignKey messages developed as part of the strategic communications framework come to life when woven together intopowerful communications pieces by strategic communicators and professional graphic designers. Visualrepresentation of proposed changes in an easy-to-understand and accessible format significantly improves customerunderstanding of rate structure changes that may impact customer bills.1. Consultant shall develop a suite of communications pieces to assist with communicating rate and ratestructure changes in print, online, or in person. This task can include the development of a mix of infographics, fact sheets, bill stuffers, presentation slide decks, FAQs, talking points, website copy, social mediacontent, explainer videos, news releases, etc. Materials can be translated as needed in Spanish and Tagalog.

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RATES AND COSTS EXHIBIT
Task Lab Effort (Hours) Fee Estimates ($)Project Management, Kick Off Meeting, StatusMeetings and QA/QC 76 $22,300
Information Review and Data Collection 24 $5,720Financial Plan 80 $19,270Cost of Service Analysis 86 $21,850Five Year Rate Design and Calculation 82 $20,320Miscellaneous Fees, Pretreatment ProgramCharges and Penalties 74 $17,290
Benchmarking (Rate Survey) 24 $5,450Ordinance Update 28 $6,520Public Outreach, City Council & CommitteeMeetings and Public Hearings (assumesstaggered studies)Key Influencer / Stakeholder Workshop 31 $9,030Public Outreach Meetings 117 $38,171City Council & Committee Meetings IncludingPublic Hearing 122 $39,312
Proposition 218 Public Notice Preparation(assumes one per utility) 36 $7,940
Reports and Model Training 115 $26,875As Needed Support 0 $0Total Fees 895 $221,375Total Expenses - $18,673Total Fees & Expenses - $240,048 Optional TasksStrategic Communication Plan - $10,000Communication Collateral -Development andDesign - $1,500-$10,000
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SCHEDULE OF SERVICES EXHIBIT
Task ScheduleTask 1 December 2022 - November 2023Task 2 January 2023 - February 2023Task 3 January 2023 - March 2023Task 4 February 2023 - April 2023Task 5 March 2023 - April 2023Task 6 March 2023 - April 2023Task 7 April 2023Task 8 August 2023 - September 2023Task 9 April 2023 - November 2023Task 10 April 2023 - November 2023Task 11 June 2023 - July 2023Task 12 To be Determined Page19of 20
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INSURANCE EXHIBIT Exhibit INS-B

INSURANCE REQUIREMENTS FOR CONSULTANTS(WITHOUT ERRORS AND OMISSIONS REQUIREMENT)

1. Consultant shall obtain and maintain during the performance of any services under this Agreement the followinginsurance against claims for injuries to persons or damages to property which may arise from or in connection with theperformance of services hereunder by Consultant, its agents, representatives, employees or subconsultants. a. CommercialGeneralLiabilityInsurance,includingContractualLiability,inanamountnotlessthan$1,000,000combined single limit for bodilyinjuryandpropertydamage for eachclaimant for general liabilitywithcoverage equivalent toInsurance Services Office Commercial General LiabilityCoverage (Occurrence FormCG0001). If a general aggregate limitisused, that limit shall apply separately to the project or shall be twice the occurrence amount; b. Business automobile liabilityinsurance inanamountnotlessthan$1,000,000combinedsinglelimitforbodilyinjury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services OfficeAutomobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto”; c. Workers’ compensation insurance in compliance with the laws of the State of California, and employer’sliability insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shallinclude a waiver of all rights of subrogation which the insurer may have against the City.

2. Consultant shall, prior toperformance of anyservices, filewiththeRiskManagercertificatesofinsurancewithoriginalendorsements affectingcoverage requiredbythisExhibitINS-B. Thecertificatesandendorsementsforeachinsurancepolicyaretobe signedbya personauthorizedbythat insurertobindcoverageonitsbehalf. Thecertificatesandendorsementsaretobeonthe attached forms or on other forms approvedbythe RiskManager. All certificates andendorsements are tobe receivedandapproved by the Risk Manager before work commences. City reserves the right to require complete certified copies of allrequired insurance policies at any time. The certificates of insurance and endorsements shall be sent via email (or fax ifnecessary) to the Risk Manager, addressed as follows (do not send hard copies):City of OxnardInsurance ComplianceReference No.P.O. Box 100085 – OXDuluth, GA 30096Via Email:[email protected] Fax: 678-259-1007

3. Consultant agrees that all insurance coveragesshallbeprovidedbyaCaliforniaadmittedinsurancecarrierwithanA.M.Best ratingof A:VII or betterandshallbeendorsedtostatethatcoveragemaynotbesuspended,voided,canceledbyeitherparty,or reducedincoverage or limits without 30days’ prior writtennotice totheRiskManager. TheRiskManagershallnotapproveor accept anyendorsement if the endorsement contains “best effort” modifiers oriftheinsurerisrelievedfromtheresponsibilityto give such notice.

4. Consultant agrees that the commercial general liability and business automobile liability insurance policies shall beendorsedtoname City,itsCityCouncil,officers,employeesandvolunteersasadditionalinsuredsasrespects: liabilityarisingoutof activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned,occupiedor usedbyConsultant; or automobiles owned, leased, hiredor borrowedbyConsultant. Thecoverageshallcontainnospecial limitations onthe scope of protectionaffordedtoCity,itsCityCouncil,officers,employeesandvolunteers. TheGeneralliabilitySpecial Endorsement FormandAutomobile LiabilitySpecial Endorsement Formattachedtothis ExhibitINS-Bor substitute forms containing the same information and acceptable to the Risk Manager shall be usedtoprovide theendorsements (ISO form CG 2010 11/85 or if not available. CG 2010 with an edition date prior to 01/04andCG2037).

5. The coverages provided to City shall be primary and not contributing to or inexcess of anyexistingCityinsurancecoverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights ofsubrogationwhichthe insurermayhaveagainsttheCity. Anyfailuretocomplywithreportingprovisionsofthepoliciesshallnotaffect coverage provided to City, its CityCouncil, officers, employees andvolunteers. The insurance shall applyseparatelytoeach insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

6. Anydeductibles or self-insuredretentions must be declaredtoandapprovedbytheRiskManager. AttheoptionoftheRisk Manager, either the insurer shall reduce or eliminate such deductibles or self-insuredretentions as respects City, its CityCouncil, officers, employees and volunteers, or the contractor shall procure a bondguaranteeingpayment of losses andrelatedinvestigations, claim administration and defense expenses.

7. All insurance standards applicable to Consultant shall also be applicable to Consultant’s subconsultants. Consultantagrees to maintain appropriate agreements with subconsultants and to provide proper evidence of coverage upon receipt of awritten request from the Risk Manager. 20of 20
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CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.6

DATE: December 20, 2022

TO: City Council

FROM: Jason Benites, Police Chief, (805) 385-7624, [email protected]

SUBJECT: Phoenix Group Information Systems Agreement (A-8504).

RECOMMENDATION

That the City Council approve and authorize the Mayor to sign an agreement with Phoenix Group Information Services ("Phoenix Group"), for three (3) years, with a total agreement amount not to exceed $810,000, for parking citation processing, administrative citation processing, and security alarm licensing management services.

(Community Services, Public Safety, and Housing & Development Committee approved 3-0.)

BACKGROUND

The purpose of this agreement is to expand the scope of services with the Phoenix Group to process parking citations, administrative citations, alarm permits, and manage false alarm billings. The Phoenix Group has been performing citation processing duties for over 30 years. They provide services to over 240 agencies and public entities in California. Some of the California cities currently contracting with Phoenix Group include Arcadia, Del Mar, Irvine, and Westminster.

The Police Department conducts parking enforcement throughout the City, and issues parking citations for various violations of the Oxnard City Code and the California Vehicle Code. When fully staffed, Police Department employees issue about 35,000 parking citations per year. With the adoption of the Police Alarm Ordinance in 2019, the gross amount billed for false alarm responses has been approximately $1.3 Million. Having a means to promote responsible security alarm ownership is important to public safety, as it has reduced police responses to false alarms by approximately 45% since the Police Department's false alarm reduction strategy was implemented in 2019.

The Phoenix Group was selected through a Request for Proposal ("RFP") process. There were four (4) vendors who responded to the RFP. A committee reviewed the proposals on the following criteria: services offered, detail and thoroughness of proposal, cost comparison, customer service, customer satisfaction, and compliance with current state laws and regulations. Based on the reviewed criteria, the committee selected the Phoenix Group. The Phoenix Group currently processes the Department's parking citations and administrative citations. The new agreement will incorporate alarm permitting, false alarm management, and billing. The Phoenix Group utilizes their proprietary software, False Alarm Management Solutions ("FAMS"), to greatly increase the accuracy of the call data to help reduce the number of calls for service to false alarm calls. This, in turn, will keep officers available to handle emergencies and other calls for service. Having increased officer availability lends towards the City Council's priority of "maintaining 9-1-1 response times."

STRATEGIC PRIORITIES

This agenda item supports Public Safety strategy. The purpose of the Public Safety strategy is to restore and modernize the delivery of public safety services to provide for the safety of our neighborhoods and health of our community. 506

FINANCIAL IMPACT

The $810,000 value of the agreement with Phoenix Group is approximately $270,000 annually. There is sufficient funding in the current FY2022-2023 operating budget for the cost of six months (January-June 2023) in the General Fund Police budget (Patrol 1012111-53200 for $105,500 and Animal Safety 1012113-53200 for $17,500) and General Fund Code Compliance (1014103-53200 for $12,000). Future years' funding will be included in the recommended budget for each fiscal year.

COMMITTEE OUTCOME

The Community Services, Public Safety, and Housing & Development Committee passed this item 3-0 on November 22, 2022, to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Delia Campbell, Police Finance Manager

ATTACHMENTS

1. Phoenix Group Agreement A-8504

2. Phoenix Group 2022 Presentation PP
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Phoenix Group Agreement
Community Services, Public Safety, Housing &
Development Committee
November 22, 2022
Oxnard City Council
December 20, 2022
Delia Campbell, Police Finance Manager
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That the Community Services, Public Safety, and Housing & Development Committee recommend the City Council to authorize the City Manager to execute Agreement No. A-8504 with Phoenix Group Information Services ("Phoenix Group”), for the next three (3) years, with a total agreement amount not to exceed $810,000, for parking citation processing, administrative citation processing, and alarm management services.

That the City Council approve and authorize the City Manager to execute Agreement No. A-8504 with Phoenix Group Information Services ("Phoenix Group”), for the next three (3) years, with a total agreement amount not to exceed $810,000, for parking citation processing, administrative citation processing, and alarm management services.

RECOMMENDATION 2
530
The purpose of this agreement is to expand the scope of services with Phoenix Group to include all of the following:

1. Parking citation processing

2. Administrative citation processing

3. False alarm management
Phoenix Group has been performing citation processing
duties for over 30 years. They provide services to over 240 agencies and public entities in California.

BACKGROUND 3
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Parking and Administrative Citations
• 35,000 parking citations when fully staffed
• Notice of Violation letters
• Amount due
• Applicable late fees
• How to contest the citation
• Toll free support for public
• Credit card payment capability
• Pursue the collection of unpaid fines through the
California Franchise Tax Board
SERVICES PROVIDED 4
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Alarm Management Services
• Average more than 2,500 false alarms annually
• False Alarm Management Solution (FAMS) software
• Automatic permit renewal notifications
• Toll free support for public
• Credit card payment capability
SERVICES PROVIDED 5
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• The total value of the agreement is $810,000,
approximately $270,000 annually over three years.
• This agreement will be utilized by Police, Code
Compliance, and Animal Safety.
• Future years’ funding will be included in the
recommended budget for each fiscal year.

FINANCIAL IMPACT 6
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QUESTIONS
7 535

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.7

DATE: December 20, 2022

TO: City Council

FROM: Jason Benites, Police Chief, (805) 385-7624, [email protected]

SUBJECT: Third Amendment to the Professional Services Agreement 8463-18-PO with Phoenix Group Information Services for Parking and Administrative Citations Services.

RECOMMENDATION

That the City Council approve and authorize the execution of the Third Amendment to the Professional Services Agreement with Phoenix Group Information Services ("Phoenix Group"), to increase the not to exceed amount from $610,000 to $660,000 and to extend the term to December 31, 2022.

BACKGROUND

In December 18, 2018, with the approval of the Oxnard City Council, the City of Oxnard entered into a three (3) year agreement with Phoenix Group for a total amount not to exceed $525,000 to process parking citations, animal safety citations, civil citations, and to pursue collection of unpaid fines through the California Franchise Tax Board. A First Amendment was approved on January 14, 2022 to extend the agreement to June 30, 2022. A Second Amendment was approved on July 1, 2022 to increase the amount by $85,000 for a total of $610,000 and to extend the term to October 31, 2022. This Third Amendment will increase the amount by $50,000 for a total of $660,000 and extend the term to December 31, 2022.

A Request for Proposal ("RFP") process was conducted earlier this year and a new agreement will be entered into for service beginning 01/01/2023.

STRATEGIC PRIORITIES

This agenda item supports Public Safety strategy. The purpose of the Public Safety strategy is to restore and modernize the delivery of public safety services to provide for the safety of our neighborhoods and health of our community.

FINANCIAL IMPACT

There is sufficient funding in the current FY2022-2023 operating budget in General Fund Police budget (Patrol 1012111- 53200 $35,000 and Animal Safety 1012113-53200 for $10,000) and in Code Compliance (1014103-53200 $5,000).

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Delia Campbell, Police Finance Manager

ATTACHMENTS

1. 8463-18-PO PHOENIX GROUP
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2. 8463-18-PO FIRST AMENDMENT

3. 8463-18-PO SECOND AMENDMENT

4. 8463-18-PO THIRD AMENDMENT
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CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.8

DATE: December 20, 2022

TO: City Council

FROM: Alexander Hamilton, Fire Chief, (805) 385-7700, [email protected]

SUBJECT: Approval for Purchase of Eight (8) Utility Vehicles.

RECOMMENDATION

That the City Council authorize and approve replacing aged-out utility vehicles with modern Ford F-Series pickup trucks at an estimated average cost of $84,000 per unit; $672,000 for eight (8) units (with approval of upfitting the vehicles to be brought to Council at a future meeting) to continue meeting the Fire department's mission for the City of Oxnard.

(Finance and Governance Committee approved 3-0.)

BACKGROUND

Each Fire Station has an assigned light-duty pickup truck that is available for many uses. Fire Department "Utility" trucks serve many purposes; their primary use is for emergency off-road responses, including Ocean Rescue and other incidents along the City's twenty-two miles of coastline. Other uses include wildland fire fighting - including the Santa Clara River bottom, Urban Search and Rescue, swift water rescue, towing of Department trailers, and crew exchanges on multiple alarm incidents.

Another important use of Station Utility trucks is the rendering of mutual aid to neighboring jurisdictions throughout the Western United States, in which case the California Office of Emergency Services (Cal OES) reimburses the City for the vehicle's use at a rate of $127 per day. Cal OES mutual aid assignments require a vehicle inspection upon arrival and prior to demobilization, rust and age issues will not allow the current fleet of utilities to pass and therefore, staff responding to out of area incidents are required to rent vehicles. If the Department had sent a Utility truck with each staff member that responded to mutual aid assignments in FY23, the reimbursement would have been approximately $26,670.

The current vehicles' age and configuration can no longer fulfill the needs of the Fire Department and its Public Safety mission.

Current Utility Vehicle Fleet:

Fire station 1: Ford Ranger >19 years old
Fire Station 2: Ford F150 >19 years old
Fire Station 3: Ford F350 >14 years old in need of a new service body due to severe rust from the ocean environment Fire Station 4: Ford F250 >15 years old
Fire Station 5: Chevy S-10 >15 years old
Fire Station 6: Ford F350 >16 years old
Fire Station 7: Ford F350 >15 years old
Fire Prevention: E150 E150 >21 years old, no longer useful due to a mission change and the age of the vehicle

Recommended New Vehicle Fleet and Use:

Fire Station 1, 2, 4, 5: Four F250's with standard beds, used for emergency off-road & beach response, and mutual aid 553
Fire Station 3: One F350 with a long bed service body, used for emergency off-road & beach response, fire station utility, mutual aid, tow vehicle, reserve Squad 68, reserve Squad 66, and reserve Ocean Rescue 66 Fire Station 6: One F350 with a short service body, used for emergency ocean rescue response on the beach, tow vehicle Fire Station 7: One F350 with standard bed and cab, used for emergency response, and Strike Team Leader and back up Battalion Chief
Fire Station 8: One F450 with a long-bed service body, used as a USAR tow vehicle, swift water tow vehicle, down coast emergency response, off-road access, mutual aid

The Fire Department will remove current aged-out vehicles from the fleet.

DISCUSSION

Severe supply limits in the auto industry still exist. Because of this, the ordering of cabs and chassis is highly restricted and competitive. Of the prominent three auto manufacturers, only Ford opened its ¾ ton, 1 ton, and 1 ½ ton pickup truck orders this calendar year. Under Ford’s government program, they have allotted one single Super Duty vehicle to the entire City of Oxnard. Because of this, Fleet Services, through the Enterprise Lease Program, are pursuing the purchase of vehicles through Ford dealerships for the eight trucks. If the Fire Department misses the order window, future orders would have to wait until the next order window, which will likely not happen again until Fall 2023.

While the Fire Department had stated at the Finance and Governance Committee on November 22 that the item presented today would include the price of the cab and chassis for approval, as of the posting of this staff report pricing has not been released. As anticipated, the demand for vehicles has exceeded availability and Ford has altered their government vehicle allocation process from prior years. This change has increased the estimated average price per cab and chassis as a dealer fee will now be applied to the procurement price. To accommodate this unknown cost, a 5% contingency has been added to the previously presented estimate. The best estimated average price based on the information available today from Ford and Enterprise is $84,000 per unit ($672,000 for eight (8) units). Accurate pricing for the cab and chassis will be available once Ford opens their production period. Upon receiving notification of vehicle prices, the Fire Department will bring updated pricing to Council for approval. Reservation of the eight cabs and chassis units will be canceled unless, upon presentation of pricing, Council provides direction to move forward with the acquisition of the cabs and chassis.

If the cab and chassis are approved and ordered, the Fire Department will submit a future request to Council for upfitting costs. The best estimate for upfitting is approximately $25,000 per vehicle ($200,000 for the eight (8) units). Upfitting may include mobile data devices, radios, and other equipment to make the vehicles fully functioning emergency response vehicles.

All municipalities in need of ¾ ton and larger vehicles are in similar circumstances, where they must place orders prior to pricing and delivery dates being available.

STRATEGIC PRIORITIES

This agenda item supports Public Safety strategy. The purpose of the Public Safety strategy is to restore and modernize the delivery of public safety services to provide for the safety of our neighborhoods and health of our community.

FINANCIAL IMPACT

The best estimate for eight cab and chassis units is an average cost of $84,000 per unit; $672,000 for eight (8) units. If approved, the cab and chassis will be procured through the Enterprise Lease-Purchase Program. Actual vehicle delivery dates and pricing will be available once the Ford production period opens. The current order window was scheduled for November 14. However, that date was changed and is anticipated to be rescheduled for early December. Lead time for vehicles placed on this date is 6 to 9 months and likely longer, making the delivery date some time between May and September 2023.

If Council approves the lease-purchase of the eight cabs and chassis, a future funding request will be brought to Council for upfitting the vehicles. Upfitting includes mobile data devices, radios, lights, sirens, and other equipment to make the vehicles functioning, emergency response vehicles. The best estimate for upfitting is approximately $25,000 per vehicle; $200,000 for eight (8) units. The Fire Department will work with Purchasing to follow the City of Oxnard Purchasing 554
Policy in selecting a vendor to upfit the vehicles. Upfitting costs would be requested in the Fire General Fund FY 23/24.

Annual vehicle payments and upfitting under the lease purchase will be included in future annual budget requests.

COMMITTEE OUTCOME

The Finance and Governance Committee approved 3-0 on November 22, 2022 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Karsten Guthrie, Battalion Chief

ATTACHMENTS
None
555

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.9

DATE: December 20, 2022

TO: City Council

FROM: Alexander Hamilton, Fire Chief, (805) 385-7700, [email protected]

SUBJECT: Professional Services Agreement No. 32300171 with On Duty Health, PLLC for Fire Department Annual Wellness Exams.

RECOMMENDATION

That the City Council authorize approval of Agreement No. 32300171 with On Duty Health, PLLC to provide annual wellness exams for the Fire Department in the amount of $98,280 per year for three years for a total not to exceed amount of $294,840.

BACKGROUND

Currently, the Fire Department provides annual wellness medical examinations to certain staff. These exams, provided on a voluntary basis, provide comprehensive medical examinations in accordance with National Fire Protection Association (NFPA) 1582 standards. The annual medical examinations also fulfill the bi-annual requirement of Department of Transportation (DOT) medical examinations for firefighter driver/operator endorsements. The contract for these services is competitively bid and the current agreements have expired. A request for proposals took place in November 2022 with On-Duty Health, PLLC receiving top marks from all evaluators, and winning the award.

DISCUSSION

The Fire Department wellness program is a voluntary joint labor/management program designed to enhance both the physical and mental wellness of fire department staff. The program comprises two major components that include physical fitness/ therapy and annual medical examinations. The medical examination portion of the program is guided by National Fire Protection Association (NFPA) 1582 and is considered the gold standard for firefighter wellness. The exams cover a broad scope of services and include multiple exams and screening tests for certain types of cancers, blood screens for specific hazardous materials, wellness screening specific to female and male reproductive systems, mental health screening, and evaluations of major organs and body systems. The scope of the tests is specifically designed to screen for high risk diseases associated with the types of occupational hazards in fire protection and emergency services. The last competitive bid for these services took place in 2017, with a three-year agreement awarded that has been amended for two additional years of service. The agreement expired in October 2022 and required a competitive proposal process be initiated. Request for Proposal #FD 23-43 was posted on Public Purchase September 19, 2022 and closed October 10, 2022.

Four proposals for service were received, reviewed and scored by a three-person panel. The evaluation and scoring panel were specifically selected for their expertise or role within the fire department. Panel members included the Fire Department Medical Director, Emergency Medical Services Coordinator, and the Department Fire Marshal. Bids were evaluated based on five criteria that included experience in providing the service, past performance, qualifications, bid responsiveness and cost with a total possible score of 100. Individual scores from each evaluator were aggregated to produce a final overall score for each respondent. Respondent with the highest overall score was notified of the intent to 556
award.The agreement value to Respondent On Duty Health, PLCC is a not to exceed amount of $98,280.00 per year for three years with an option to renew for two additional years pending prior Council approval.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The cost of annual medical exams is budgeted in the Fire Department General Fund account 1012501-53200.

COMMITTEE OUTCOME

The Community Services, Public Safety, Housing & Development Committee approved 3-0 on November 22, 2022 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Jaime Villa, EMS Coordinator

ATTACHMENTS

1. Agreement Placeholder
557
City Council Meeting
December 20, 2022
This page is a placeholder for the agreement currently being drafted between City of Oxnard and On Duty Health, PLLC. The vendor was notified of their winning proposal on 12/1/2022.

The agreement will be uploaded to CivicClerk as soon as a draft is agreed upon by the City and Vendor.

Agreement number 32300171 has been established in Tyler/Munis.

The agreement will be for a term of three years with an option to renew for two additional years, subject to Council approval. The not to exceed annual amount is $98,280, for a total value of $294,840. 558

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. L.1

DATE: December 20, 2022

TO: City Council

FROM: Steve Naveau, Human Resources Director, (805) 385-7947, [email protected]

SUBJECT: Approval of Memorandum of Understanding with the International Association of Firefighters. (30 minutes)

RECOMMENDATION

That the City Council of the City of Oxnard adopt the Resolution approving the successor Memorandum of Understanding between the City of Oxnard and the International Association of Firefighters and authorizing the City Manager or designee to take the necessary administrative actions to implement the agreement.

(This item did not originate in Committee.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/HgyWqhR7EZk

BACKGROUND

The International Association of Fire Fighters (IAFF) consists of approximately 120 employees in the Oxnard Fire Department. The classifications represented by this bargaining unit consist of Fire Fighters, Fire Engineers, Fire Captains, and Fire Inspectors/Investigators.

DISCUSSION

The City and IAFF negotiated over the last year and have yielded the attached resolution with new terms and conditions of employment. This has resulted in changes the City was seeking, such as modifications to the City’s health benefit program and an elimination of add pays. In exchange, IAFF received cost of living increases commensurate with other bargaining units in the City as well as adjustments in other areas that both the City and the bargaining group believe are beneficial to the operations of the Fire Department. Consequently, staff has negotiated an agreement for a 4-year term with the contract expiring June 30, 2025.

Health Benefit

In the most recent 2018 IAFF contract, the City took the step to increase the City’s contribution towards medical coverage. Prior to this change, it had been over ten years since the City had last made a change in this benefit, which left it severely lagging in the marketplace. Similar to other bargaining units, the changes being recommended include an increase in the City’s contribution of 15% in the first year and 5% for each subsequent year in each year of the contract, with the intent of providing a sufficient increase to cover a family plan in at least one medical plan option. These increases will help maintain a competitive position in the marketplace.

Currently, employees may receive cash payments related to their medical benefits in one of two ways: waive or cash back. The “waive” occurs when employees who are enrolled in medical coverage outside of the City can, with proof of 559
credible coverage, receive the City contribution rather than the health benefit from the City. “Cash back” occurs when an employee enrolls in a medical plan with a premium less than the City contribution and then receives the excess contribution as cash.

Although the City is proposing to make increases in the contribution, it is decreasing cash back and waive amounts. To implement these changes, the City created a two-level system in medical contributions that is intended to slowly wean employees off of the waivers and cash back payments. New employees or employees who make changes in their medical plans will immediately move to the plan level that does not have any “cash back” payments and reduces the “waive” payment from $1,243 to $500. By reducing the payments employees receive from the “waive” and eliminating the “cash back,” the City is able to repurpose this money back into the plan, which offsets the City increasing its contribution towards the plan premiums. Also, this more clearly aligns with the purpose of the City providing affordable health care rather than unintended supplemental cash payments to City employees.

Cost of Living Adjustment

The cost of living adjustments in years 2 through 4 of this contract are the same as those provided to the other two public safety bargaining units. The first increase will occur the first full pay period following Council approval of this item and will be for 5%. The second increase will occur the first full pay period of July 2023 and will be for 5%. The last increase will occur in the first full pay period of July 2024 and will be for 3%. By way of comparison, the non-safety bargaining units whose contracts were recently approved received a 3% COLA for each year of their 3-year contracts, totaling 9%.

IAFF is receiving on average a 3.25% increase per year over the 4 years.

Standby Pay

The Fire Department maintains Fire Investigators on standby in the event that a fire occurs and their expertise is needed in investigating the cause of the Fire. The current standby rate is $2 per hour. The City has recently increased this rate from $2 per hour to $3 per hour with another bargaining unit (IUOE) where standby is needed for the efficient operations of City services. This $1 per hour increase is intended to maintain consistency in the standby rate of pay between the two bargaining groups.

Ocean Rescue and Swift Water Rescue

The City currently has employees who are trained in performing both ocean rescue and swift water rescue. This team requires employees who have both the physical and mental capacity to perform such tasks. Consequently not every employee is capable of meeting the performance standards to be on the team. This 2.5% incentive pay is intended to ensure the department maintains a consistent pipeline of qualified employees on the team.

EMT Premium Pay/Add Pay Elimination

The City has been endeavoring to eliminate add pays in its public safety contracts. These add pays have been used in the past as mechanisms to get the bargaining units more money without calling attention to the fact that most employees in the bargaining would eventually get these additional pays. The City has been successful at reaching this goal in the Oxnard Public Safety Officers’ Association (OPOA) contract, and has now been successful at doing it with the IAFF contract. In exchange for the elimination of the longevity pay, education pay, hazardous materials pay, and emergency medical technician pay (EMT), employees will receive a 1% increase in their rate of pay effective the first full pay period following Council approval of this contract. An additional 1% increase will be provided in the first full pay period of July 2023. All of the aforementioned add pays will be deleted from the contract in January 2025.

Fiscal Impact

The total estimated cost of this package for IAFF over the 4-year term is $2,795,965. This amounts to approximately

15.83% of total compensation, or 3.96% per year. All of the increased costs from the IAFF contract are paid from the City’s General Fund.

Labor Costing Methodology vs. Budget Methodology
As staff has shown in prior MOU-related agenda reports, the financial impact may be depicted in two ways. One is a 560
year-over-year cost increase, which is what is used predominantly in the labor relations field. There are jurisdictions within Ventura County that depict their employee costs in this manner. This methodology shows what the increased cost is as compared to the previous year. Using this methodology, the impact in Year 1 will be $0, the estimated impact in Year 2 is $1,109,336, the estimated impact in Year 3 is $1,002,346, and the estimated impact in Year 4 is an additional $684,282, for a total impact of $2,795,965.

The other methodology is more common for budget and finance professionals, who compare all of the financial costs of the MOU to the year before the new MOU becomes effective (the “Base Year”). This methodology compounds the increased costs over the term of the entire contract. In the case of the MOU presented here, this would be comparing the increase in costs in Year 1 to the budgeted cost of the group in the Base Year, the increase in costs in Year 2 to the budgeted cost of the group still in the Base Year, and the increase in costs in Year 3 to the budgeted cost of the group once again in the Base Bear. Using this methodology, the budget impact in Year 1 will be $0, the estimated impact in Year 2 is $1,109,336, the estimated impact in Year 3 is $2,111,682, and the estimated impact in Year 4 is $2,795,965, for a total cumulative estimated 3-year impact of $6,016,983, as shown in the chart below:

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

Staff estimates that the City’s FY 2022-23 adopted budget has sufficient appropriations to cover the increased cost of Year 2 of the tentatively-agreed MOU. Funding for subsequent years will be included in future fiscal years' recommended budgets.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Steve Naveau, Human Resources Director

ATTACHMENTS

1. IAFF MOU Resolution

2. Attachment 1 IAFF Tentative Agreement

3. CC Presentation IAFF 122022
561

CITY COUNCIL OF THE CITY OF OXNARD

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD APPROVING THE

SUCCESSOR MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF

OXNARD AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS

AUTHORIZING THE CITY MANAGER OR DESIGNEE TO TAKE THE NECESSARY

ADMINISTRATIVE ACTIONS NECESSARY TO IMPLEMENT THE AGREEMENT

WHEREAS, the International Association of Firefighters is the recognized representative for Firefighters, Fire Engineers, Fire Captains and Sworn Fire Inspectors; and

WHEREAS, the City’s memoranda of understanding with the International Association of Firefighters expired June 30, 2021; and

WHEREAS, representatives of the City met and conferred in good faith with representatives of the International Association of Firefighters concerning wages, hours , terms, and conditions of employment for employees in the barg aining unit consistent with their obligations under the Meyers-Milias-Brown Act; and

WHEREAS, the City has reached agreement with the International Association of Firefighters attached as Attachment 1 of t his report which sets forth the modified terms and conditions of employment for this bargaining unit.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OXNARD RESOLVES that the agreement is adopted and the City Manager and/or his designee is directed to per form all acts necessary to implement its terms, including but not limited to executing the Memorandum of Understanding on behalf of the City.

PASSED AND ADOPTED this 20th day of December 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________
John C. Zaragoza, Mayor
ATTEST:

Rose Chaparro, City Clerk

APPROVED AS TO FORM:

Stephen Fischer, City Attorney
562
563
564
565
566
567
MEMORANDA OF UNDERSTANDING - Oxnard
International Association of Fire Fighters
Presented to: City Council
Steve Naveau, Human Resources Director
Mike More, Human Resources Manager
December 20, 2022
568
• Purpose
• To adopt successor Memorandum of Understanding (MOU) with the International Association of Fire Fighters (IAFF)
• This group represents approximately 120 employees
• Employees in this unit consist of Fire Fighters, Fire Engineers, Fire Captains, and Fire Investigators/Inspectors
BACKGROUND 2
569
• Medical Plan Contributions
• Cost of Living Adjustments (COLAs)
• Standby Pay
• Ocean Rescue/Swift Water Rescue Pay
• Add Pay Elimination
ISSUES ADDRESSED DURING BARGAINING 3
570
• Medical Plan
• Philosophy – The City should contribute money to a medical insurance plan so that coverage is affordable & treat all bargaining groups the same • Intent is to provide sufficient dollar to allow employees to cover a family in at least one medical plan option
• City contribution should keep pace with annual increases to maintain affordability
• The medical plan should not be used to put cash directly into employee pockets
• Cash back when electing medical coverage
• Cash for waiving coverage
ISSUES ADDRESSED DURING BARGAINING 4
571
• Cost of Living Adjustments (COLAs)
• It has been over seven years since employees’ salary ranges have received COLA adjustments.
• This has hindered the ability to recruit new talent to the organization, as a COLA is a standard component of public sector employee contracts. • The COLA adjustment schedule for this contract is:
• 0% in fiscal year 21/22
• 5% in fiscal year 22/23
• 5% in fiscal year 23/24
• 3% in fiscal year 24/25
• Standby Pay
• Employees receive this when they are required to be available outside of work hours to respond back to the worksite.
• Other bargaining units who also regularly perform standby received the $1 per hour increase. Now both bargaining units will be $3/hour.

ISSUES ADDRESSED DURING BARGAINING 5
572
• Ocean Rescue/Swift Water Pay
• Employees are eligible to receive this 2.5% pay differential after passing an extensive training program.
• Not all employees are capable of completing the training and passing the program
• Add Pay Elimination
• This is an area that the City has focused on eliminating in our contracts. • The bargaining unit has agreed to eliminate four add pays in exchange for the City providing a 1% increase in pay in 2022 and a 1% increase in 2023. • Add Pays eliminated in January 2025:
• Longevity
• Education
• Hazardous Materials
• Emergency Medical Technician(EMT)
ISSUES ADDRESSED DURING BARGAINING 6
573
• The total estimated cost of this package for IAFF over the 4-year period is $2,795,965
• 15.83% of total compensation / 3.96% per year
• 100% of costs are General Fund
• The first year of the IAFF agreement is FY 21-22 and there is zero cost.
• CFO estimates that the City’s FY 2022-23 adopted budget has sufficient appropriations to implement the proposed MOU.

FISCAL IMPACT 7
574
• The Labor Methodology illustrates the cost increase in each year independently as a percentage of base compensation.
• The Budget Methodology compounds the increased cost over the term of the entire contract as a percentage of base compensation.

FISCAL IMPACT (CONT) 8
575

QUESTIONS
9 576

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. L.2

DATE: December 20, 2022

TO: City Council

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

SUBJECT: Construction Agreement 32300045 with GMZ Engineering, Inc. for the Mandalay Bay Bridge and the Edison Canal Bridge, and the First Amendment to the engineering Agreement A-8141 with Dokken Engineering for the Mandalay Bay Bridge and Edison Canal Bridge, Specification No. PW 18-61. (10 Minutes)

RECOMMENDATION

That the City Council approve and authorize the following for a total of $5,587,808 in Project funds for the Mandalay Bay Bridge and Edison Canal Bridge:

1. Execute an Agreement for construction with GMZ Engineering, Inc. in an amount not to exceed $4,407,468 for the Projects; and

2. Authorize a Project contingency amount of $660,000 with GMZ Engineering, Inc. for a total not to exceed contract value of $5,067,468 for the Projects;

3. Execute a First Amendment to an Agreement with Dokken Engineering to increase the not to exceed amount from $201,914 to $293,494 for engineering services during construction.

4. Authorize a Project allocation amount of $428,760 for Project management, Construction management, and inspection for the Projects.

5. Authorize a budget appropriation of $940,936 from the Capital Outlay Fund 301 to fully fund the Mandalay Bay Bridge project; and

6. Authorize the Finance Director or designee to recognize future grant funding of $4,946,886, and approve administrative budget appropriation transfers of available balances between projects 133113 and 133114 for the use of these Projects in the total amount not to exceed $5,587,808.

(This item is categorically exempt from the California Environmental Quality Act pursuant to Title 14 of the California Code of Regulations section 15301(c)).

(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/Y7reOwDCLMg

BACKGROUND

The Mandalay Bay Bridge and Edison Canal Bridge are located on Channel Island Boulevard between Harbor Boulevard and Victoria Avenue and are approximately 900-feet apart. Caltrans operates a federally mandated Bridge Inspection Program under Title 23 of the United State Code. Following Caltrans’ biennial inspection, the bridges were determined to be in need of refurbishment and rehabilitation repairs. While the scope of work for the two bridges is similar, Caltrans identifies, inspects, and provides funding for each bridge separately. In an effort to provide more efficient permitting, 577
design, and construction, staff has been working on both bridge projects concurrently and recommends a single construction contract award. Prior to any work, the contractor will secure permits from the Coast Guard in order to perform any work in the waterways.

The Project scope consists of furnishing all necessary labor, materials, equipment and other incidental and appurtenant Work to complete rehabilitation of the Mandalay Bay Bridge No. 52C0108, Caltrans project BHLS-5129(069) and Edison Canal Channel Bridge No. 52C0095, Caltrans project BHLS-5129(070). Work will include, but is not limited to repairing and resurfacing the bridge decks, replacing existing joint seals, repairing existing guardrails, replacing concrete barrier and sidewalk on the bridges with tubular hand railing and new sidewalk, constructing concrete approaches slabs, removing and replacing transition curb, gutter and sidewalk on the roadway, restripe pavement markings and other miscellaneous work.

In addition, the Edison Canal Bridge, the larger of the two bridges, includes cleaning and painting the steel casing columns that are located within the water channel. Cofferdams around the columns will be installed from a temporary trestle or barge and water will be pumped out down to the footings to provide access to the full height of the columns.

The columns will then be cleaned of corrosion and painted. Boating access within the harbor channel will be maintained during construction activities. The project includes best management practices to ensure the water quality of the harbor is not degraded by project activities, as well as the implementation of sensitive bird species avoidance measures including nesting bird surveys prior to construction activities.

CIP Reference

Project No. 133113 and 133114 – The Mandalay Bay & Edison Canal Bridge Rehabilitation - Construction Phase PW 18-61 - CIP 2022-2027 - Adopted June 2022 – Page 61 & 54.

The work is tentatively scheduled to begin in January 2023 and continue into early June 2023 (90 working days) absent any supply chain delays, weather delays, or unforeseen site conditions. Staff and the contractor will work closely with the Channel Islands and Hollywood By the Sea Neighborhood Councils in Council District No. 1 to keep them informed of the schedule. Furthermore, staff will work closely with the neighborhoods and residents directly impacted by the work to keep them informed of the project issues, unforeseen conditions and schedule milestones. Additionally, the contractor is required to secure a permit to oversee, control & monitor boat traffic under the bridge. 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 4, 2022. The City received the following bids:

GMZ Engineering, Inc.: $4,407,468.00

The lowest (and only) bidder is GMZ Engineering, Inc., (GMZ) and its bid is responsive to the City’s NIFB. Following this determination, procurement staff reviewed all documentation received from GMZ 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 acknowledged that sole bids are becoming more prevalent in the current bidding environment.

Caltrans agrees 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 these projects will be funded with federal grants, which are subject to deadlines, Caltrans approves the recommendation to award to the sole responsive bidder.

Based upon the available information and research performed to date, staff believe that the contractor is capable of satisfactorily completing the project. Thus, staff recommends that the City Council award the contract for these projects to GMZ Engineering, Inc.

In addition to the project award amount of $4,407,468, Staff recommends authorizing $1,180,340 for the project, which includes $660,000 for project contingency (~15% of the contract costs due to the bridge being supported in the water) and 578
$520,340 for the cost of engineering services and City staff (~12% of the contract cost due to permit requirements and specialized inspection). Engineering services include the following activities during construction: engineering, inspection, permitting requirements including bird nesting surveys, project management and construction management.

These recommendations bring the total estimated cost of the two bridges to $5,587,808.

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 these Projects is $5,587,808 which includes one construction agreement for two bridge projects, contingency, and construction management. The total cost for the Edison Canal Bridge, Project no. 133114 is $3,700,054, which has an available project budget balance of $3,700,054, therefore no additional funding is requested. The total cost for the Mandalay Bay Bridge, Project no. 133113 is $1,887,755, which has an available project budget balance of $946,819. An appropriation of $940,936 from the Capital Outlay Fund 301 is requested to fully fund the Mandalay Bay Bridge project.

Edison Canal Bridge Construction: $2,992,845
Contingency: $406,868
Construction Management: $300,340
Total for Edison Canal Bridge: $3,700,053
Project Fund
Number
Fund
Name
Current Available
Appropriations
Additional
Appropriation
Available
Project
Budget
105 Street
Maintenance $20,053 $0 $20,053
185 RMRA $352,358 $0 $352,358
C1307
133114 Edison Canal
Bridge
301 Capital Outlay
Fund $3,327,642 $0 $3,327,642
Total for Edison Canal Bridge $3,700,053 $0 $3,700,053

Mandalay Bay Bridge Construction: $1,414,623
Contingency: $253,132
Construction Management: $220,000
Total for Mandalay Bay Bridge: $1,887,755
Projects Fund
Number
Fund
Name
Current Available
Appropriations
Additional
Appropriation
Available
Project
Budget
579
105 Street
Maintenance $11,754 $0 $11,754
185 RMRA $107,130 $0 $107,130
C1306
133113 Mandalay Bay
Bridge
301 Capital Outlay
Fund $827,935 $940,936 $1,768,871
Total for Mandalay Bay Bridge $946,819 $940,936 $1,887,755

Combined Project Grand Total $4,646,872 $940,936 $5,587,808

While the two bridges qualify for federal Highway Bridge Program grant funding, the program is oversubscribed with more projects than available funding. Caltrans issued an authorization to proceed with construction using Advance Construction, which allows the City to begin the project immediately. When funding becomes available, Caltrans will replenish 88.53% of the project cost through a post-programming process. At that time, Staff will recognize the grant funding of $4,946,886 and reimburse local funding.

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: Tatiana Arnaout, City Engineer

ATTACHMENTS

1. Agreement 32300045

2. A-8141 - First Amendment

3. Agreement A-8141 Dokken

4. Request for Caltrans Construction Authorization

5. Presentation
580
Agreement No. 32300045

1 CONTRACT

CITY OF OXNARD CONTRACT FOR
MANDALAY BAY BRIDGE NO. 52C0108, AND EDISON CANAL BRIDGE NO. 52C0095, LOCATED ON CHANNEL ISLANDS BOULEVARD SPECIFICATION NO. PW 18-61 FEDERAL PROJECT NOS.

BHLS-5129(069) AND BHLS-5129(070)

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 GMZ ENGINEERING, INC. (“Contractor”). Contractor’s license number is 967627.

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 documentati on 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. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as Mandalay Bay Bridge No. 52C0108, and Edison Canal Bridge No. 52C0095, located on Channel Islands Boulevard, Specification No PW 18-61 Federal Project Nos. BHLS-5129(069)
AND BHLS-5129(070) (“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 four million four hundred seven thousand four hundred sixty-eight dollars ($4,407,468.00) in accordance with the prices as submitted in the Bid, attached hereto as Exhibit “A” and incorporated herein by this reference.

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

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

5. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply. Copies of the 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 av ailable to any interested party on request.

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

581
Agreement No. 32300045

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

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

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

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

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

11. Counterparts. This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A signed copy of this Contract trans mitted 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]

582
Agreement No. 32300045

3 IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the first written above.

CITY OF OXNARD GMZ ENGINEERING, INC.

☐ John C. Zaragoza, Mayor1 Date Ghazi Mubarak, CEO, CFO. 2 Date ☐ Alexander Nguyen, City Manager
☐ Purchasing Manager
☐ B u y e r

A T T E S T :

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

APPROVED AS TO FORM:

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

1 The City Council must authorize and the Mayor must sign any agreement over $200,000 annually. The City Manager may authorize and sign any agreement over $100,000 but up to $200,000 annually. The Purchasing Manager may authorize and sign any agreement up to $100,000 annually. A Buyer may authorize and sign any agreement up to $25,000 annually.

2 The City requires the following for any contract:
o For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer; o For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or
o 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.

583
Agreement No. 32300045

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 propert y 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 pe rformed under the Contract, Professional Liability/Errors and Omissions Insurance appropriate to the work being done in an amount not less than $1,000,000, with neither Contractor nor listed subcontractors having less than $500,000 individually. The Professional Liability/Errors and Omissions Insurance must b e project specific with at least a one year extended reporting period, or longer upon request. d. Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. e. Contractors Pollution Liability and Errors & Omissions applicable to the work being performed, with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.

2. Contractor shall, prior to performance of any services, file wi th the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-G. The certificates and endorsements for each insurance policy ar e to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to b e on the attached forms or on other forms approved by the Risk Mana ger. All certificates and endor sements are to be received and approved by the Risk Manager before work commences. City re serves 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. 32300045
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 pa rty, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibi lity to give such notice.

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

5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance or self-insurance coverages (this must be endorsed) . Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the poli cies 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 Ci ty 584
Agreement No. 32300045

Council, officers, employees and volunteers, or the Contractor shall procure a bond gu aranteeing 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 subcontractors and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.

10/22

585

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 insuran ce exhibit identification information completed.

Improperly addressed certificates may delay the contract start-up date because the City =s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.

Endorsement Forms

Original endorsements are required for 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

586

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

PRODUCER

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

CODESUB-CODE

COMPANIES AFFORDING INSURANCE COVERAGE

INSURED

COMPANY

LETTER ASPECIFY COMPANY NAMES IN THIS SPACE

COMPANY LETTER B

COVERAGES

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

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

CO
LTR

TYPE OF INSURANCE

POLICY NUMBER

POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)

LIMITS

A

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) $

A

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 $

A

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM

EACH OCCURRENCE
$

AGGREGATE $

A

WORKERS’ COMPENSATION
AND
EMPLOYERS’ LIABILITY

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

A

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

Contractors Pollution Liability and Contractors Pollution Errors & Omissions

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

PER CLAIM / OCCURRENCE $2,000,000
GENERAL AGGREGATE $2,000,000

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

CERTIFICATE HOLDER

CITY OF OXNARD
Attn: Insurance Compliance
Reference No32300045
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
587

GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the ACity@)

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE  Included in Limits
 In Addition to Limits
Telephone:

 Deductible  Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage.  Per Occurrence  Per Claim (which)

NAMED INSURED

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

GENERAL LIABILITY
 COMMERCIAL GENERAL LIABILITY
 COMPREHENSIVE GENERAL LIABILITY
 OWNERS & CONTRACTORS PROTECTIVE

 Claims Made
Retroactive Date
 Occurrence

OTHER PROVISIONS

COVERAGES

LIABILITY LIMITS IN THOUSANDS $

EACH OCCURRENCE

AGGREGATE

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

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

Name:

Address:

Telephone: ( )

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 in cluded as insureds with regard to liability and defense of sui ts arising from the operations, products and activities performed by or on behalf of the named insured.

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance a fforded by this policy shall be primary ins urance as respects the Ci ty, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured=s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

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

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

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Comme rcial General Liability Coverage, Aoccurrence@ form CG0001; or b. If excess, affords coverage which is at leas t as broad as the primary insurance form CG0001.

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

ENDORSEMENT HOLDER

CITY OF OXNARD
Attn: Insurance Compliance
Reference No32300045
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
588

AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the ACity@)

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE  Included in Limits
 In Addition to Limits
Telephone:

 Deductible  Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage.  Per Occurrence  Per Claim (which)

NAMED INSURED

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

OTHER PROVISIONS
 COMMERCIAL AUTO POLICY
 BUSINESS AUTO POLICY
 OTHER
LIMIT OF LIABILITY CLAIMS: Underwriter=s representative for claims pursuant to this insurance.

Name:

Address:

Telephone: ( )

$ per accident, for bodil y injury and property damage.

In consideration of the premium charged and notwithstanding any inco nsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:

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

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the 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 unbr oken 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 cl aim is made or suit is brought except with respect to the company=s limits of liability. The inclusion of any person or organizati on as an insured shall not affect any right which such person or organization would have as a claimant if not so included.

4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.

5. PROVISIONS REGARDING THE INSURED =S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or viol ations 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
32300045
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
589

Bond No. __________

PAYMENT BOND
(LABOR AND MATERIALS)

KNOW ALL PERSONS BY THESE PRESENTS that:

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

( “ P r i n c i p a l ” )
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as MANDALAY BAY BRIDGE NO. 52C0108, AND EDISON CANAL BRIDGE NO. 52C0095, LOCATED ON CHANNEL ISLANDS BOULEVARD SPECIFICATION NO. PW 18-61 FEDERAL PROJECT NOS. BHLS-5129(069) AND BHLS-5129(070).

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 a nd 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 o f D o l l a r s ( $ ) , t h i s
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 aw arded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

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

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1741, and upon expiration of 590

the time within which a joint labor management committee may commence an action against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, including all incorporated documents, shall in any manner affect its obligations on this Bond. The Sure ty hereby waives notice of any such change, extension, alteration, or addition. Additionally, th e 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 Surety signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Date of Bond must not be before the Effective Date of t he Contract. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California. 591

Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

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

( “ P r i n c i p a l ” )
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as MANDALAY BAY BRIDGE NO. 52C0108, AND EDISON CANAL BRIDGE NO. 52C0095, LOCATED ON CHANNEL ISLANDS BOULEVARD SPECIFICATION NO. PW 18-61 FEDERAL PROJECT NOS. BHLS-5129(069) AND BHLS-5129(070).

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

NOW, THEREFORE, we, the undersigned Principal, and

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

THE CONDITION OF THIS OBLIGATION IS S UCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, 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 592

Surety’s obligations under this Bond. The Surety hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. Surety hereby waives Califor nia Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

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

D a t e d :

“Principal”

By:

Its:
__________________________

By:

Its:
__________________________

(Seal)

“Surety”

By:

Its:
_________________________

By:

Its:
_________________________

(Seal)

Notes: This Bond must be executed in duplicate and dated, all Surety signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Date of Bond must not be before the Effective Date of t he Contract. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California. 593

CITY OF OXNARD
BID SHEETS FOR MANDALAY BAY BRIDGE NO. 52C0108, AND EDISON CANAL BRIDGE NO. 52C0095, LOCATED ON CHANNEL ISLANDS BOULEVARD
SPECIFICATION NO. PW 18-61 FEDERAL PROJECT NOS.

BHLS-5129(069) AND BHLS-5129(070)
Bidder's Name: GMZ Engineering, 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:

PROJECT A
BR 52C0108 Mandalay Bay - Fed. Project #BHLS5129 (069)
Item DESCRIPTION PAYMENT UNIT QUANTITY UNIT PRICE AMOUNT No. REF.

MOBILIZATION/DEMO
1 BILIZATION (Not to 1001-3 exceed 5% of Project A LS 1 $60,000 $60,000.00 Total)
2 CLEARING AND 1103-3 LS 1 $50,000 $50,000.00

GRUBBING

COLD PLANE
3 ASPHALT CONCRETE 1110-3 SQYD 160 $10 $1,600.00 PAVEMENT 4 HOT MIX ASPHALT 1150-11 TON 20 $400 $8,000.00 (TYPE A) 5 MINOR CONCRETE 1174-6 (CURB) LF 60 $100 $6,000.00

MINOR CONCRETE
6 (CURB, GUTTER, 1174-6 CY 5 $2,000 $10,000.00 SIDEWALK AND

DRIVEWAY)
7 REMOVE CONCRETE 1174-6 LF 60 $6,000.00 CURB $100

REMOVE CONCRETE
8 (CURB, GUTTER, AND 1174-6 LF 68 $100 $6,800.00

SIDEWALK)

TRAFFIC CONTROL
9 AND PUBLIC 1505-4 CONVENIENCE AND LS 1 $100,000 $100,000.00 SAFETY
10 THERMOPLASTIC 1515-4 LF 1,500 $5 $7,500.00 TRAFFIC STRIPE B3

EXHIBIT A
594

PREPARE WATER
11 POLLUTION 1800-4

CONTROL PROGRAM
LS 1 $35,000 $35,000.00
12 REMOVE CONCRETE 2002-3 SOFT 4,410 $10 $44,100.00 DECK SURFACE

PREPARE CONCRETE
13 BRIDGE DECK 2004-4

SURFACE
SOFT 8,860 $1 $8,860.00
14 TREAT BRIDGE DECK 2005-6 SOFT 4,430 $1.10 $4,873.00

FURNISH BRIDGE
15 DECK TREATMENT 2005-6 GAL 50 $130 $6,500.00 MATERIAL

FURNISH
16 POLYESTER 2007-6 CF 1,630 $100 $163,000.00 CONCRETE OVERLAY 17 PLACE POL VESTER 2007-6 SOFT 4,430 $50 $221,500.00 CONCRETE OVERLAY

REMOVE CONCRETE
18 BARRIER AND 2008-4 LF 278 $100 $27,800.00 SIDEWALK
19 JOINT SEAL (MR 1 2009-6 LF 123 $100 $12,300.00 1/2")

STRUCTURAL
20 CONCRETE, 2010-9 CY 104 $4,000 $416,000.00 APPROACH SLAB (TYPE R MODl
21 CONCRETE BARRIER 2010-9 LF 306 $600 $183,600.00 (TYPE 732SW MOD) 22 TUBULAR 2020-4 LF 306 $115 $35,190.00 HANDRAILING
TOTAL PROJECT A: $ 1,414,623.00

PROJECT B
BR 52C0095 Edison Canal - Fed. Project #BHLS-5129 (070) Item DESCRIPTION PAYMENT UNIT QUANTITY UNIT PRICE AMOUNT No. REF.

MOBI LIZA Tl ON/DEM
23 OBILIZATION (Not to 1001-3 LS 1 $150,000 $150,000.00 exceed 5% of Project B Total)
24 CLEARING AND 1103-3 LS 1 $50,000 $50,000.00 GRUBBING

COLD PLANE
25 ASPHALT 1110-3 SOYD 180 $10 $1,800.00 CONCRETE

PAVEMENT
B4
595

PROJECT B
BR 52C0095 Edison Canal - Fed. Project #BHLS-5129 (070) Item DESCRIPTION PAYMENT UNIT QUANTITY UNIT PRICE AMOUNT No. REF. 26 HOT MIX ASPHALT 1150-11 TON 30 $350 $10,500.00 (TYPE A) 27 ADJUST UTILITY 1185-4 EA 17 $9,350.00 COVER TO GRADE $550

TRAFFIC CONTROL
28 AND PUBLIC 1505-4 LS 1 $75,000 $75,000.00 CONVENIENCE AND SAFETY
29 THERMOPLASTIC 1515-4 LF 3,480 $5 $17,400.00 TRAFFIC STRIPE 30 MIDWEST 1516-7 LF 103 $8,755.00 GUARDRAIL SYSTEM $85

TRANSITION
31 RAILING (TYPE WB- 1516-7 EA 2 $5,100 $10,200.00 31)
32 END CAP (TYPE TC) 1516-7 EA 2 $400 $800.00

ALTERNATIVE IN-
33 LINE TERMINAL 1516-7
SYSTEM
EA 1 $5,200 $5,200.00
34 REMOVE 1516-7 LF 250 $16 $4,000.00 GUARDRAIL
35 MODIFYING BRIDGE 1520-4 LS 1 $50,000 $50,000.00 LIGHTING SYSTEM 36 LIGHTING 1521-7 LS 1 $200,000 $200,000.00 (NAVIGATION) 37 RESET SIGN 1530-4 EA 11 $100 $1,100.00
38 SIGN (NAVIGATION) 1530-4 EA 6 $300 $1,800.00

PREPARE WATER
39 POLLUTION 1800-4 LS 1 $35,000 $35,000.00 CONTROL

PROGRAM

REMOVE ASPHALT
40 CONCRETE 2003-3 SQFT 4,230 $5 $21,150.00 SURFACING

PREPARE
41 CONCRETE BRIDGE 2004-4 SQFT 40,890 $1 $40,890.00 DECK SURFACE

FURNISH
42 POLYESTER 2007-6 CF 3,940 CONCRETE $100 $394,000.00 OVERLAY

PLACE POLYESTER
$10 43 CONCRETE 2007-6 SQFT 40,890 $408,900.00 OVERLAY
85 596
PROJECT 8
BR 52C0095 Edison Canal - Fed. Project #BHLS-5129 (070) Item DESCRIPTION PAYMENT UNIT QUANTITY UNIT PRICE AMOUNT No. REF. 44 REMOVE CONCRETE 2008-4 LF 1,160 $50 $58,000.00 BARRIER 45 JOINT SEAL (MR 1/2") 2009-6 LF 156 $50 $7,800.00
46 JOINT SEAL (MR 2") 2009-6 LF 156 $200 $31,200.00

CONCRETE
47 BARRIER (TYPE 836 2010-9 LF 1,160 $300 $348,000.00 MODIFIED) 48 TUBULAR BICYCLE 2020-4 RAILING LF 580 $400 $232,000.00

SACRIFICIAL
49 CATHODIC 2030-6 PROTECTION EA 6 $35,000 $210,000.00
SYSTEM

SPOT BLAST CLEAN
50 AND PAINT 2050-6 SQFT 2,300 $100 $230,000.00

UNDERCOAT

PAINT STRUCTURAL
51 STEEL (EXISTING 2050-6

BRIDGE)
SQFT 2,300 $100 $230,000.00
52 BARGE OR TRESTLE 2060-4 LS 1 $150,000 $150,000.00 ACCESS TOTAL PROJECT B: $ 2,992,845.00
TOTAL BID PRICE $ 4,407,468.00
PROJECT A AND PROJECT B:

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.

TOTAL BID PRICE= TOTAL PRICE OF PROJECT A AND PROJECT B TOTAL BID PRICE IN DIGITS: $_4_;_,4_0_7...:....,4_6_8 _.o_o _____________ _ TOTAL BID PRICE IN WORDS: Four Million Four Hundred Seven Thousand Four Hundred Sixty Eight Dollars and 00/100 B6
597
Contractor must complete all Work within ninety (90) Working Days of the City's Notice to Proceed.

Bidder acknowledges receipt of all addenda - No Addenda Addendum: Date Received:
#01
#02
Addendum: Date Received:
#03
#04
Bidder's Name (Company): ...,G""-LLM,..,Z__,_E..uo�g ..... in.._.e..,,e..,_rJ.Lioi,i,g,.._,_l ..... o .... c�--------------- -Signature: __ ....... �-=c.-----:,,...�-=--:" _______ _ Title: President Print Ghazi Mubarak Date: 4 October 2022
Signature: Title: __________ _
Print: Date: __________ _
B7
598

FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (V-01-17-19)) Agreement No. A-8141

FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT

This First Amendment (“First Amendment”) to the Professional Services (“Agreement”) is made and entered into in the County of Ventura, State of California, this ______ day of __________, 20___, by and between the City of Oxnard, a municipal corporation (“City”), and Dokken Engineering (“Consultant”). This First Amendment amends the Agreement entered into on June 4, 2019, by City and Consultant.

City and Consultant agree as follows:

1. The amount in Section 14 of the Cover Page of the Agreement is hereby amended to “$293,494.”

2. The reference to Exhibit A Scope of Work everywhere it is listed both on the Cover Page and in the Agreement is hereby amended to add also the Construction Support Services Scope of Work and the Environmental Construction Support Services Scope of Work for the Edison Canal Bridge and Mandalay Bay Bridge Rehabilitation Projects. Exhibits are attached hereto and incorporated herein by this reference.

3. The reference to Exhibit C Compensation everywhere it is listed both on the Cover Page and in the Agreement is hereby amended to add also the Construction Support Cost Proposal and the Environmental Construction Support Cost Proposal for the Mandalay Bay Bridge and Edison Canal Bridge Rehabilitation Projects. Exhibits are attached hereto and incorporated herein by this reference.

4. As so amended, the Agreement remains in full force and effect.

[Signatures on next page]
599
Agreement No. A-8141
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (V-01-17-19) IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.

In witness whereof, the Parties have entered into this Agreement on the date as written in section 3 and upon signature of all Parties.

CITY OF OXNARD DOKKEN ENGINEERING

Jennifer Yates,1 Date Richard Liptak, CEO 2 Date Purchasing Agent

Cathy Chan, Board Secretary Date
ATTEST:

Rose Chaparro, CITY Clerk Date
(only if Mayor authorizes)

APPROVED AS TO FORM:

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

1 The City Council must authorize any agreement over $200,000 annually. The City Manager may authorize any agreement over $100,000 up to $200,000 annually. The Purchasing Agent may authorize any agreement up to $100,000 annually. All agreements shall be executed by the Purchasing Agent.

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.

600
110 Blue Ravine Road, Suite 200, Folsom, CA 95630  Tele: 916 858-0642  Fax: 916 858-0643  www.dokkenengineering.com Construction Support Services Scope of Work
Edison Canal Bridge and Mandalay Bay Bridge Rehabilitation Project Dokken Engineering (Dokken) will perform the following scope of work for the construction phase of the Edison Canal Bridge (Bridge No. 52C0095) and Mandalay Bay Bridge (Bridge No. 52C0108) Rehabilitation Project. All scope items are applicable to both bridge rehabilitations; cost proposal has been split to reflect funding.

TASK 1. CONSTRUCTION SUPPORT
Task 1.1 Construction Site Meetings
As requested, a representative from Dokken project manager will attend scheduled construction site meeting during the contract duration and respond to questions in the meetings and perform structural observations as required per the Contract Documents. Dokken will prepare meeting minutes and structural observation reports for each meeting. Five (5) on-site meetings, three (3) Structural Observation site visits and five (5) virtual/teleconference have been assumed.

Task 1.2 Shop Drawing and Submittal Review
Dokken will review and respond to shop drawing submittals for conformity with the plans and specifications.

Typical submittals including; reinforcement shop drawings, joint seal shop drawings, spall repair material specifications sheets, concrete mix designs, painting material submittals and access platform plans and calculations have been assumed. Dokken will maintain a tracking log of all submittals.

Task 1.3 Request For Information and Change Requests
Dokken will review and respond to Request for Information (RFI) or Change Request (CR) from the City or Contractor. Dokken will maintain a tracking log of all RFIs and CRs.

TASK 2. POST-CONSTRUCTION REPORTING
Task 2.1 As-Builts and Record Drawings
Dokken will prepare record drawings upon completion of the project and acquire the daily red lined plans from the Construction Manager. Final record drawings will be both submitted in electronic PDF.

Please see the attached pages for a full cost proposal. If you have any questions regarding this scope and fee, please contact me via email at [email protected] or by phone at (916) 858-0642.

Sincerely,

Rob Burns
Project Manager
Dokken Engineering
110 Blue Ravine Road, #200
Folsom, California 95630
601

COST PROPOSAL - ESTIMATED HOURS BY TASK

CITY OF OXNARD

MANDALAY BAY BRIDGE REHABILITATION

CONSTRUCTION SUPPORT
November 2, 2022
Project Manager
Senior Engineer
Associate Engineer
Assistant Engineer
Senior CAD

TOTAL HOURS TOTAL COST
FULLY BURDENED RATE $ 234.91 $ 234.91 $ 178.42 $ 136.79 $ 199.23

MANDALAY BAY BRIDGE REHABILITATION -
CONSTRUCTION SUPPORT 53 43 52 50 4 202 $ 40,232.81
TASK 1.  CONSTRUCTION SUPPORT 52 40 32 50 174 34,874.38$ Task 1.1 Construction Site Meetings 12 20 12 44 10,015.08$ Task 1.2 Shop Drawing and Submittal Review 20 10 40 70 11,953.87$ Task 1.3 Request For Information and Change Requests 20 20 10 10 60 12,905.42$ TASK 2. POST-CONSTRUCTION REPORT 1 3 20 4 28 5,358.43$
Task 2.1 As-Built and Record Drawings 1 3 20 4 28 5,358.43$ TOTAL HOURS 53 43 52 50 4 202
TOTAL COST ####### ####### 9,277.63$ 6,839.28$ 796.92$ 40,232.81$

TASK DESCRIPTION

DOKKEN ENGINEERING
602

COST PROPOSAL - ESTIMATED HOURS BY TASK

CITY OF OXNARD

EDISON CANAL BRIDGE REHABILITATION

CONSTRUCTION SUPPORT
November 2, 2022
Project Manager
Senior Engineer
Associate Engineer
Assistant Engineer
Senior CAD

TOTAL HOURS TOTAL COST
FULLY BURDENED RATE $ 234.91 $ 234.91 $ 178.42 $ 136.79 $ 199.23

EDISON CANAL BRIDGE REHABILITATION -
CONSTRUCTION SUPPORT 53 43 52 50 4 142 $ 40,232.81
TASK 1.  CONSTRUCTION SUPPORT 52 40 32 50 114 34,874.38$ Task 1.1 Construction Site Meetings 12 20 12 44 10,015.08$ Task 1.2 Shop Drawing and Submittal Review 20 10 40 70 11,953.87$ Task 1.3 Request For Information and Change Requests 20 20 10 10 12,905.42$ TASK 2. POST-CONSTRUCTION REPORT 1 3 20 4 28 5,358.43$
Task 2.1 As-Built and Record Drawings 1 3 20 4 28 5,358.43$ TOTAL HOURS 53 43 52 50 4 142
TOTAL COST ####### ####### 9,277.63$ 6,839.28$ 796.92$ 40,232.81$

TASK DESCRIPTION

DOKKEN ENGINEERING
603

COST PROPOSAL - SUMMARY

CITY OF OXNARD
November 2, 2022

TASK DESCRIPTION

MANDALAY BAY BRIDGE

REHABILITATION -

CONSTRUCTION SUPPORT

EDISON CANAL BRIDGE

REHABILITATION -

CONSTRUCTION SUPPORT

GRAND TOTAL COST
MANDALAY BAY BRIDGE +

EDISON CANAL BRIDGE

MANDALAY BAY AND EDISON CANAL BRIDGE REHABILITATION -
CONSTRUCTION SUPPORT $ 40,232.81 $ 40,232.81 $ 80,465.62 TASK 1.  CONSTRUCTION SUPPORT 34,874.38$ 34,874.38$ 69,748.76$ Task 1.1 Construction Site Meetings 10,015.08$ 10,015.08$ 20,030.17$ Task 1.2 Shop Drawing and Submittal Review 11,953.87$ 11,953.87$ 23,907.74$ Task 1.3 Request For Information and Change Requests 12,905.42$ 12,905.42$ 25,810.85$ TASK 2. POST-CONSTRUCTION REPORT 5,358.43$ 5,358.43$ 10,716.85$ Task 2.1 As-Built and Record Drawings 5,358.43$ 5,358.43$ 10,716.85$ TOTAL COST 40,232.81$ 40,232.81$ 80,465.62$ 604

110 Blue Ravine Road, Suite 200, Folsom, CA 95630  Tele: 916 858 -0642  Fax: 916 858 -0643  www.dokkenengineering.com Environmental Construction Support Services Scope
Edison Canal Bridge and Mandalay Bay Bridge Rehabilitation Project Dokken Engineering’s environmental team (Dokken) will perform all required environmental monitoring services and coordination associated with the Edison Canal Bridge (Bridge No. 52C0095) and Mandalay Bay Bridge (Bridge No. 52C0108) Rehabilitation Project. All scope items are applicable to both bridge rehabilitations; cost proposal has been split to reflect funding.

TASK 1. CONSTRUCTION SUPPORT
Task 1.1 Environmental Awareness Training
Dokken will conduct environmental awareness trainings at the onset of and throughout construction, as necessary, to inform project proponents and personnel of pertinent commitments required by the environmental permits. Environmental trainings will include a presentation on the legal protection of special- status species with potential to occur onsite and the importance of avoiding impacts to species and possible penalties for not complying with these requirements. Dokken will retain documentation of the employees who attend the environmental awareness trainings to present to relevant agencies, if requested.

Task 1.2 Pre-Construction Nesting Bird Surveys
Construction activities (including vegetation removal and bridge work) are anticipated to occur within the nesting bird season, February 1 to September 1. In accordance with measure BIO-6 of the 1602 Streambed Alteration Agreement, Dokken biologists will conduct a nesting bird survey within 14 days of the start of construction. The nesting bird survey will include the project area plus a 500-foot buffer.

In addition, construction is anticipated to occur within the California least tern ( Sternula antillarum browni) and western snowy plover ( Charadrius alexandrinus nivosus ) breeding season, April to September . In accordance with accordance with measure BIO-8 of the 1602 Streambed Alteration Agreement, Dokken’s qualified biologists will include focused survey efforts for the California least tern and western snowy plover with the pre-construction nesting bird survey efforts.

If the active nests of any migratory birds , raptors, or special -status species are found during survey s, Dokken will coordinate with the City and CDFW as necessary to implement no-work buffers for active nests.

Task 1.3 Monthly Construction Monitoring
Construction monitoring will be conducted on a monthly basis, at a minimum, throughout construction.

Special focus will be given to inspecting the site to ensure all environmental commitments are being met.

Periodic monitoring for sensitive species will be conducted for the duration of work. Dokken will communicate and coordinate with the City while onsite regarding construction progress, schedule, and implementation of relevant environmental commitments.

Task 1.4 Environmental Commitments Record (ECR) Tracking and Compliance Dokken will compile a comprehensive Environmental Commitments Record (ECR) to track compliance with the project’s required environmental permit conditions. Dokken will monitor compliance with all measures in the ECR and will sign off as each measure is complied with. If necessary, Dokken will coordinate with the City to remediate any potential ECR incompliance. At project completion, the bound and signed ECR document will be provided to the City as a record of project compliance.

605

110 Blue Ravine Road, Suite 200, Folsom, CA 95630  Tele: 916 858 -0642  Fax: 916 858 -0643  www.dokkenengineering.com TASK 2. POST-CONSTRUCTION REPORTING
Task 2.1 Permitting Agency Coordination and Post-Construction Closeout Dokken’s environmental team will conduct ongoing coordination with the agencies involved with the project to notify them of key work activities, to address any questions/concerns, and to ensure they receive any requested project materials, such as annual reports required by the 401 Water Quality Certification.

Additionally, Dokken will document post construction site conditions and submit project closeout notifications as required by the environ mental permits. The permit closeout packages will contain before and after site photographs, the completed ECR, and an explanation of how the project was completed in accordance with the commitments set forth in the environmental permits.

Task 2.1 Post-Construction Monitoring
As required by the 401 Water Quality Certification, Dokken will visually inspect the project area during the rainy season for a period of five years following the completion of construction activities in order to ensure no excessive erosion, stream instability, or other water quality pollution is occurring on-site. If water quality pollution is occurring, Dokken’s environmental team will assist the City in the coordination with the Los Angeles Water Board staff in order to document any water quality violactions as well as conduct any necessary site remediation.

Please see the attached pages for a full cost proposal.

If you have any questions regarding this scope and fee, please contact me via email at [email protected] or by phone at (916) 858-0642.

Sincerely,

Sarah Holm
Senior Biolgoist/Environmental Manager
Dokken Engineering
110 Blue Ravine Road, #200
Folsom, California 95630

606

COST PROPOSAL - ESTIMATED HOURS BY TASK

CITY OF OXNARD

EDISON CANAL BRIDGE REHABILITATION

ENVIRONMENTAL CONSTRUCTION SUPPORT
May 20, 2022
Environmental Manager
Associate Environmental
Planner
Environmental Planner

TOTAL HOURS TOTAL COST
FULLY BURDENED RATE $ 223.02 $ 136.79 $ 92.18 EDISON CANAL BRIDGE REHABILITATION - ENVIRONMENTAL CONSTRUCTION SUPPORT 8 32 107 147 $ 16,024.73 TASK 1. CONSTRUCTION SUPPORT 3 23 62 88 9,530.39$
Task 1.1 Environmental Awareness Training 1 4 14 19 2,060.70$ Task 1.2 Pre-Construction Nesting Bird Surveys 1 5 12 18 2,013.13$ Task 1.3 Monthly Construction Monitoring 12 24 36 3,853.79$ Task 1.4 Environmental Commitments Record (ECR) Tracking and Compliance 1 2 12 15 1,602.77$ TASK 2. POST-CONSTRUCTION REPORT 5 9 45 59 6,494.34$
Task 2.1 Permitting Agency Coordination and Post-Construction Closeout 2 4 15 21 2,375.91$ Task 2.2 Post-Construction Monitoring 3 5 30 38 4,118.44$ TOTAL HOURS 8 32 107 147
TOTAL COST 1,784.16$ 4,377.14$ 9,863.43$ 16,024.73$

TASK DESCRIPTION

DOKKEN ENGINEERING
607

COST PROPOSAL - ESTIMATED HOURS BY TASK

CITY OF OXNARD

MANDALAY BAY BRIDGE REHABILITATION

ENVIRONMENTAL CONSTRUCTION SUPPORT
May 20, 2022
Environmental Manager
Associate Environmental
Planner
Environmental Planner

TOTAL HOURS TOTAL COST
FULLY BURDENED RATE $ 223.02 $ 136.79 $ 92.18
MANDALAY BAY BRIDGE REHABILITATION - ENVIRONMENTAL CONSTRUCTION SUPPORT 8 32 107 147 $ 16,024.73 TASK 1. CONSTRUCTION SUPPORT 3 2 3 62 88 9,530.39$
Task 1.1 Environmental Awareness Training 1 4 14 19 2,060.70$ Task 1.2 Pre-Construction Nesting Bird Surveys 1 5 12 18 2,013.13$ Task 1.3 Monthly Construction Monitoring 12 24 36 3,853.79$ Task 1.4 Environmental Commitments Record (ECR) Tracking and Compliance 1 2 12 15 1,602.77$ TASK 2. POST-CONSTRUCTION REPORT 5 9 45 59 6,494.34$
Task 2.1 Permitting Agency Coordination and Post-Construction Closeout 2 4 15 21 2,375.91$ Task 2.2 Post-Construction Monitoring 3 5 30 38 4,118.44$ TOTAL HOURS 8 32 107 147
TOTAL COST 1,784.16$ 4,377.14$ 9,863.43$ 16,024.73$

TASK DESCRIPTION

DOKKEN ENGINEERING
608

COST PROPOSAL - ESTIMATED HOURS BY TASK

CITY OF OXNARD

EDISON CANAL BRIDGE AND MANDALAY BAY BRIDGE REHABILITATION

ENVIRONMENTAL CONSTRUCTION SUPPORT
May 20, 2022

TASK DESCRIPTION

MANDALAY BAY BRIDGE

REHABILITATION -

ENVIRONMENTAL

CONSTRUCTION SUPPORT

EDISON CANAL BRIDGE

REHABILITATION -

ENVIRONMENTAL

CONSTRUCTION SUPPORT

GRAND TOTAL COST
MANDALAY BAY BRIDGE +

EDISON CANAL BRIDGE

MANDALAY BAY AND EDISON CANAL BRIDGE REHABILITATION -
ENVIRONMENTAL CONSTRUCTION SUPPORT $ 16,024.73 $ 16,024.73 $ 32,049.46 TASK 1. CONSTRUCTION SUPPORT 9,530.39$ 9,530.39$ 19,060.78$ Task 1.1 Environmental Awareness Training 2,060.70$ 2,060.70$ 4,121.41$ Task 1.2 Pre-Construction Nesting Bird Surveys 2,013.13$ 2,013.13$ 4,026.25$ Task 1.3 Monthly Construction Monitoring 3,853.79$ 3,853.79$ 7,707.57$ Task 1.4 Environmental Commitments Record (ECR) Tracking and Compliance 1,602.77$ 1,602.77$ 3,205.54$ TASK 2. POST-CONSTRUCTION REPORT 6,494.34$ 6,494.34$ 12,988.68$ Task 2.1 Permitting Agency Coordination and Post-Construction Closeout 2,375.91$ 2,375.91$ 4,751.81$ Task 2.2 Post-Construction Monitoring 4,118.44$ 4,118.44$ 8,236.87$ TOTAL COST 16,024.73$ 16,024.73$ 32,049.46$
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652
Agreement 32300045 with GMZ Engineering,
Inc. and First Amendment to Agreement A-8141
with Dokken Engineering for Mandalay Bay
Bridge and Edison Canal Bridge, Specification
No. PW 18-61
City Council
December 20, 2022
Tatiana Arnaout
City Engineer
653
That the City Council approve and authorize the following for a total of $5,587,808 in Project funds for the Mandalay Bay Bridge and Edison Canal Bridge:

1. Execute an Agreement for construction with GMZ Engineering, Inc. in an amount not to exceed $4,407,468 for the Projects;

2. A Project contingency amount of $660,000 with GMZ Engineering, Inc. for a total not to exceed contract value of $5,067,468 for the Projects;

3. Execute a First Amendment to an Agreement with Dokken Engineering to increase the not to exceed amount from $201,914 to $293,494 for engineering services during construction;

4. Authorize a Project allocation amount of $428,760 for Project management, Construction management, and inspection for the Projects;

5. Authorize a budget appropriation of $940,936 from the Capital Outlay Fund 301 to fully fund the Mandalay Bay Bridge project; and

6. Authorize the Finance Director or designee to recognize future grant funding of $4,946,886, and approve administrative budget appropriation transfers of available balances between projects 133113 and 133114 for the use of these Projects in the total amount not to exceed $5,587,808.

RECOMMENDATION 2
654
• The Mandalay Bay Bridge and Edison Canal Bridges are located on Channel Island Boulevard approximately 900-feet apart.
• Caltrans operates a federally mandated bridge inspection program under Title 23 of the United State Code. Following Caltrans biennial inspection, the bridges were determined to be in need of refurbishment. While the scope of work for the bridges are similar, Caltrans identifies, inspects, and provides funding for each bridge separately. • In an effort to provide more efficient permitting, design, and construction, staff has been working on both bridges concurrently and recommends a single construction contract award.
• The Project scope consists of furnishing all necessary labor, materials, equipment and other incidental and appurtenant Work to complete rehabilitation of the Channel Islands Boulevard Bridge (Bridge No. 52C-0108 Mandalay Bay–Federal Project # BHLS-5129(069) and Edison Canal Channel Bridge (Bridge No. 52C-0095 Edison Canal – Federal Project # BHLS-5129(070).

BACKGROUND 3
655
• Work will include, but not limited to repairing and replacing the concrete barrier and resurfacing the bridge decks, replacing existing joint seals, repairing existing guardrails, replacing concrete barrier and sidewalk on the bridges with tubular hand railing and new sidewalk, constructing concrete approach slabs, removing and replacing transition curb, gutter and sidewalk on the roadway, and restrip pavement marking.
• In addition, the Edison Bridge the larger of the two bridges includes cleaning and painting columns that are located within water channel. Cofferdams around the columns will be installed from a temporary trestle or barge and water will be pumped out down to the footings to provide full access to the full height of the columns. The columns will then be cleaned of corrosions and painted. • The project includes best management practices to ensure the water quality is not degraded. Additionally, bird species avoidance measures including nesting bird surveys prior to construction activities
BACKGROUND 4
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MANDALAY BAY
BRIDGE
5 657

EDISON CANAL
BRIDGE
6 658

CAPITAL IMPROVEMENT PROGRAM
2019-2024
7 659
• The work is tentatively scheduled to begin in January 2023 and continue into June 2023 (90 working days). • Staff and the contractor will work closely with the Channel Islands Hollywood By the Sea Neighborhood Councils in Council District No. 1 to keep them informed of the schedule and will also work closely with the neighborhoods and residents directly impacted by the work to keep them informed of the project issues, unforeseen conditions and schedule milestones. • The Contractor is required to secure permit from the Coast Guard to oversee and monitor boat traffic under the bridge.• General project information will be disseminated through the flier 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 4, 2022. The City received the following bids: GMZ Engineering, Inc.: $4,407,568.00 DISCUSSION 8
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• The lowest bidder is GMZ Engineering, Inc., (GMZ) and its bid is responsive to the City’s NIFB.
• Following this determination, procurement staff reviewed all documentation received from GMZ 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). • 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 GMZ Engineering, Inc.

DISCUSSION 9
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In addition to the project award amount of $4,407,568, Staff recommends authorizing $1,180,340 for the project, which includes $660,000 for project contingency (~15% of the contract costs due to the bridge being supported in the water) and $520,340 for the cost of project and construction management, construction administration support and City staff (~12% of the contract cost).

Additionally, it is necessary to increase the the Dokken Engineering Agreement No. 8141 from $201,914 to $293,494 in total amount of $91,580 for Engineering services during construction.

DISCUSSION 10
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The total cost for these Projects is $5,587,808 which includes the construction agreement, for the two bridge projects, contingency and construction management. The total cost for the Edison Canal Bridge is $3,700,05; Project No. 133114 has available project budget, no additional funding is requested. The total cost for the Mandalay Bay Bridge is $1,887,755; Project no. 133113 has an available project budget balance of $946,819. An appropriation of $940,936 from the Capital Outlay Fund 301 within Arterial Resurfacing Strret Project Number 223102 is requested to fully fund the Mandalay Bay Bridge project.

FINANCIAL IMPACT 11
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QUESTIONS
12 664

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. L.3

DATE: December 20, 2022

TO: City Council

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

SUBJECT: Water Cost of Service Report. (10 minutes)

RECOMMENDATION

That the City Council receive and file the Water Cost of Service Report.

(This item is categorically exempt from the California Environmental Quality Act pursuant to Title 14 of the California Code of Regulations section 15306).

(Public Works and Transportation Committee approved 2-0.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/geCImC- lUC8

BACKGROUND

The City of Oxnard’s Water Division serves residential, commercial, industrial, institutional and agricultural customers.

As the largest city in Ventura County, the City serves potable water to more than 43,000 service connections.

Approximately 85% of those services are single and multi-family residential.

The Water Division is responsible for operating and maintaining water production, treatment facilities, blending stations and a distribution system to deliver potable water to City customers. Approximately 30-40% of the City’s water supply is imported water purchased from the Metropolitan Water District of Southern California provided by the Calleguas Municipal Water District (CMWD). Approximately 30-40% of the water supply is Oxnard groundwater pumped by the United Water Conservation District (UWCD). The remaining water supply is produced by the City’s groundwater wells and treated by reverse osmosis or blended and disinfected before entering the City distribution system. Finally, The City has an Advanced Water Purification Facility (AWPF) that produces recycled water sold to agricultural, industrial and the golf course as customers.

The City’s water system includes: ten groundwater wells, five connections from the United Water Conservation District, one connection from the Calleguas Municipal Water District, one reverse osmosis treatment plant, six blending stations, over 500 miles of transmission and distribution pipelines, 43,000 Meters and Appurtenances and a network of remote pressure monitoring stations.

The Public Works and Transportation Committee (PWTC) requested that the Public Works Department provide various reports related to Water, Recycled Water, and Wastewater. Specifically for Water, the PWTC desired information on a Water Division virtual tour, Oxnard’s water sources and drought updates, the cost of water, the Urban Water Management Plan, and recycled water. This report is an update about the cost of water per the PWTC’s request that relates to the long- term future of Oxnard’s water supply.

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DISCUSSION

As a separate enterprise fund, the water utility relies mainly on revenues paid through customer water and recycled water rates to fund daily operations and maintenance, repairs, capital improvements to renew and replace aging infrastructure, debt service payment, and appropriate reserves. The Oxnard community owns its water system. Its financial health is an important responsibility shared between our customers, community leaders and staff. Providing a safe and reliable water supply for public health and safety is the utmost priority.

Budget

The financial costs of the City’s water utility include the purchase of water supply, current operating expenses, debt service payments on bonds used to pay for major investments in system facilities and equipment, and other financial requirements established by the City to ensure the financial integrity and sustainability of the water utility. The following budget estimates were based on FY 2022-23 approved budget appropriations and projected future budgets:

Table 1.

Water Utility
Funds
FY 2022-23
BUDGET
Total Revenues $ 68,127,319
Total
Expenditures $ 68,008,769
Net Revenue
(deficit) $ 118,550

Operating expenditures include the costs of day-to-day utility operations, maintenance and repair functions including professional services, energy and fuel, process water requirements, purchased water, laboratory supplies and equipment, information and monitoring systems, and indirect costs associated with utility administration and finance. Please note that in the PWTC staff report for this item, Table 1 included additional budgetary information. Some of that information has been removed in this staff report to avoid any confusion between budgeted and actual information.

Aging infrastructure, rising costs of water acquisition and operating supplies, tightening local groundwater supplies, and increasing regulations are some of the biggest challenges facing the water division today. The following table represents the share of the total water acquisition costs when compared to the overall expenditure budget:

Table 2.

Water Supply Acquisition Cost
Fiscal Year United Water Calleguas Groundwater* Share of total expenditures 2019-20** $4,853,083 $16,148,692 $1,979,726 46.9%
2020-21** $5,529,599 $14,643,551 $2,444,933 44.3%
2021-22** $7,670,622 $16,969,219 $911,460*** 52.34% (est.) 2022-23 $7,100,000 (est.) $18,000,000 (est.) $2,400,000 (est.) 40.52% (est.) 2023-24 $7,455,000 (est.) $18,900,000 (est.) $2,400,000 (est.) 42.37% (est.) 2024-25 $7,827,750 (est.) $19,845,000 (est.) $2,400,000 (est.) 44.31% (est.) 666
* Does not include costs for operating and maintaining the groundwater production wells. ** Actual final expenditure figures
***Only partial fees were paid due to system issues with Fox Canyon’s reporting portal

Electricity rates continue to increase year after year. Electricity usage is necessary to operate our desalter facility, blending stations, and the numerous pieces of equipment necessary for treatment processes. The following table provides historical rate data for electricity:

Table 3.

Electricity FY 2017-18 FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 Per kWh (cents) 12.0 11.9 12.7 13.4 14.6 (est.)

Another major component of our operating and maintenance costs is labor. The California State Water Resources Control Board mandates that water systems utilize only State Certified Operators to operate and maintain water treatment and water distribution systems. The level of certification required by the State is based on the complexity of the water system with 1 being the lowest in complexity and 5 being the most complex. Oxnard’s water treatment, advanced water treatment and water distribution systems are all currently rated by the State at a level 4.

Highly knowledgeable, trained and certified water staff are critical in providing safe and reliable drinking water to our community. Recruiting and retaining skilled operators is critical to our operations and essential in meeting permit requirements from the State. The following table provides some historical data on labor costs:

Table 4.

Drinking Water Recycled Water Operating Labor Costs
Fiscal Year Labor Costs # of Full-time Equivalent Positions Share of total expenditures 2019-20 $6,715,168 57.50 13.71%
2020-21 $7,358,329 68.50* 14.42%
2021-22 $9,605,431 (est.) 69.50* 19.67% (est.)
*Number includes AWPF FTEs not part of FY 2019-20 number

Capital Improvement Projects

The City plans to make necessary investments in water utility capital improvements, including the renewal, replacement, improvement and expansion of capital facilities and infrastructure to meet current and future system needs. Some of the major capital improvement projects include:
 Automated Metering Infrastructure - $30,000,000 (estimated)  Kamala and Hobson Cast Iron Replacement - $16,000,000 (estimated)  Calleguas Distribution Pipeline - $60,000,000 (estimated)  New Wells - $11,400,000 (estimated)
 Desalter Facility Improvements - $11,000,000 (estimated)  SCADA Improvements - $2,500,000 (estimated)
 Blending Station Improvements - $1,150,000 (estimated)

Current Water Rate Comparison

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The following tables provides a comparison of what an average single family or multi-family unit would pay for consumption of 12 units of water (hundred cubic feet of water per unit):

Table 5. Single Family (¾ inch meter)
Single Family (¾ inch meter) Oxnard Ventura Camarillo Port Hueneme Thousand Oaks Water bill $65.63 $69.53 $52.03 $104.13 $89.50

Table 6. Multi-Family (¾ inch meter)
Multi-Family (¾ inch meter) Oxnard Ventura Camarillo Port Hueneme Thousand Oaks Water bill $69.79 $74.58 $52.03 $107.88 $89.50

Supply and Demand

Depending upon the overall customer demand, the City of Oxnard acquires 30% to 40% of its water supply from groundwater that is pumped from City wells. Fees are paid to Fox Canyon Groundwater Management Agency and UWCD on a per-acre basis. On an annual basis, the City currently has an allocation of 7,358 acre feet of groundwater (amounts pumped above this allocation would result in penalties). The following table provides historical information on the standard fees that are paid for groundwater:

Table 7.

Groundwater
Fees
FY 2017-18 FY
2018-19
FY
2019-20
FY
2020-21
FY
2021-22
Overall % Change
Fox Canyon (per AF) $12.50 $12.50 $17.00 $40.00 $40.00 104.7% United
(per AF)
$209.55 $215.84 $272.92 $319.60 $319.60 41.6%

It should be noted that the above costs are only the fees paid to the GMA. The overall per acre foot cost to produce direct disinfected groundwater is $582, which includes operations and maintenance costs. The overall cost to produce one acre foot of treated and desalted groundwater is $1,268, when factoring in operation and maintenance costs. Disinfected groundwater is groundwater that is treated and can be sent directly to our customers or blended with our other sources.

The key difference between disinfected and desalted groundwater is that desalted water is well water that is extracted from specific wells that are high in total dissolved solids and then processed at our desalter facility to produce ultrapure water, which is also known as permeate water.

In addition to groundwater pumped through City owned wells, UWCD also pumps 30% to 40% of the City’s water for us.

The overall cost, that includes operation and maintenance costs, for UWCD to pump one acre foot of the City’s water is $881, which also includes well replacement fees. The City can currently purchase up to 8,669 acre feet of water pumped by UWCD, but additional water can be purchased at a significantly higher cost. The following table provides the historical costs from UWCD to pump our water:

Table 8.
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UWCD FY 2017-18 FY 2018-19 FY
2019-20
FY
2020-21
FY
2021-22
Overall %
Change
Variable Rate (per AF) $528.65 $534.94 $537.44 $555.55 560.16 5.7% Fixed Rate (annual) $556,890 $525,329 $805,299 $740,778 800,484 35.8%

The City acquires the remaining 30% to 40% of its water supply from CMWD, which provides water from the State Water Project. The overall cost, including operation and maintenance costs, to utilize one acre foot of CMWD water is $1,667. Due to the current drought, water supplies from the State Water Project have been impacted. At this time, the City’s allocation of State water supplies has been calculated by demand shaping, which adjusts the quantity based on seasonality and anticipated demand pattern. The quantity available to Oxnard is 1,233, 771, and 605 acre feet for the months of October, November, and December, respectively. Any additional water supplies acquired would result in penalties on a per-acre basis. The following table provides historical information on CMWD water rates:

Table 9.

CMWD FY
2017-18
FY
2018-19
FY
2019-20
FY
2020-21
FY
2021-22
Overall %
Change
Variable Rate (per
AF)
$1,375 $1,423 $1,472 $1,507 $1,561 12.7%
Fixed Rate (annual) $1,553,868 $1,424,868 $1,522,140 $1,493,688 $1,720,825 10.2%

In the next five years, the City expects demands to increase by approximately 1,600 AFY from current conditions. This increase is based on normal year conditions; current 2022 use is likely lower than typical unconstrained demand as many of the City’s residents continue to conserve water during this latest drought. Future demands may be impacted by population growth, climate change, and commercial customer needs.

Table 10.
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The following graph provides projections by supply through 2042 which accounts for projected drought cycles:

Graph 1.

Oxnard Basin and State Water Project Conditions

Due to factors such overpumping and the ongoing drought, the groundwater basins in this area managed by the GMA have been steadily deteriorating. The basin condition is determined by the amount of available storage in the basin. When the basin levels are low, there is more storage available and that means the basin is not being replenished from rain events, percolation or other methods of groundwater recharge. The rainy season in 2019 resulted in available storage of 670
approximately 70,000 acre feet. The most recent study of the basin in July 2022 shows that the basin storage is now at 110,800 acre feet. The graphs below provides historical information of the basin from 2012 to 2022 available from United Water Conservation District:

Graph 2.

The current drought has also greatly impacted California’s State Water Project (SWP) supplies. The SWP utilizes reservoirs to store water for future use during drought periods. The latest update from the SWP is provided below:

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Planning for the future

The City of Oxnard is committed to delivering a safe and reliable drinking water supply today and for future generations.

City Council support for investments in the City’s water system have provided a solid foundation for success; however, there are many challenges in the future for which Oxnard and much of the western United States must prepare. The following is an analysis of the City’s Strengths, Weaknesses, Opportunities, and Threats:

Strengths:
 Groundwater Recovery Enhancement and Treatment (GREAT) program - Combines wastewater recycling and reuse; groundwater injection, storage, and recovery; and groundwater desalination to provide water supply solutions
 Five-year Capital Improvement Plan for water infrastructure totals over $110 million  Recently adopted the 2020 Urban Water Management Plan which provides planning for Oxnard to be resilient, liveable, productive, and sustainable
 Updated Water Shortage Contingency Plan that provides the foundation for a staged response to worsening water shortage conditions during a drought

Weaknesses:
 Upcoming water regulatory changes from the State for water use efficiency standards 672
 Implementation timelines for regulatory changes
 Future staffing challenges due to reduced certified operator pool  Water rates last reviewed in 2017 with adjustments implemented September 2017 and January 2018; minor adjustment due to Infrastructure Use Fee reduction implemented September 2021

Opportunities:
 Construct Aquifer Storage and Recovery well and demonstrate recycled water injection  Develop an Indirect Potable Reuse program with recycled water  Store State Water Project supplies during wet years (Conjunctive Use)  Conduct a cost of service study to determine future costs (capital and O&M)  Design future rates to ensure each rate class pays its fair share of the utility’s costs

Threats:
 Challenges from climate change have created more enduring droughts which impact our water supply  Aging infrastructure and demand on the water system creates operational issues  Global supply chain is impacting the ability to purchase necessary supplies to maintain the water system  Rising costs industry wide will strain financial resources

CONCLUSION

The City of Oxnard has made and will continue to make investments into the water system to ensure the delivery of safe and reliable drinking water supply for generations to come. In order to ensure future success, the City must be prepared to continue investing in our water system, meet State and Federal regulatory standards, obtain the necessary infrastructure and permitting for use of our recycled water, and address the challenges from climate change and rising costs that many water systems in the United States are facing.

Our current 5-Year Capital Improvement Program (CIP) lays out the immediate infrastructure projects needed to continue delivering high-quality water to our community. This CIP provides a roadmap on how the City will build water resiliency during drier periods and times of drought to help maintain a safe and secure water supply.

As part of the GREAT program, the City has the goal of utilizing recycled water as another water source for the potable water system. Completion of the Aquifer Storage and Recovery (ASR) well is a critical component for the future. The most challenging aspect of this project will be in obtaining State regulatory approvals to use the ultrapure recycled water for blending with other City water resources and utilized for potable reuse.

Climate change continues to impact our environment, specifically by causing erratic drought cycles. Drought impacts continue to cause water supply shortages and revenue shortfalls. In addition, rising costs of water acquisition and operating supplies, as outlined above, are straining the financial security of the water funds. Securing a reliable water supply requires long and short term project planning for drought resiliency and a financially secure operating budget to face these challenges.

Preparing today for creating a more secure and reliable water system is critical in meeting the current public health and safety needs of our community and maintaining it for the future generations in Oxnard’s tomorrow.

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
673

There is no financial impact in receiving this report.

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 2-0 on November 22, 2022 to approve the staff recommendation and to forward the item for Council to receive and file.

Prepared by: Joseph Marcinko, Assistant Public Works Director

ATTACHMENTS

1. Presentation
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Water Cost of Service Report
Public Works and Transportation Committee
November 22, 2022
City Council
December 20, 2022
Joseph Marcinko
Assistant Public Works Director
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FOR PUBLIC WORKS AND TRANSPORTATION MEETING:

That the Public Works and Transportation Committee recommend that the City Council receive and file the Water Cost of Service Report.

FOR COUNCIL MEETING:

That the City Council receive and file the Water Cost of Service Report.
(This item is categorically exempt from the California Environmental Quality Act pursuant to 14 C.C.R. § 15306) RECOMMENDATION 2
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Oxnard’s Water System includes:● T en Groundwater wells● Five Interconnections to UWCD ● One Interconnection to CMWD● One Desalter Facility● Six Blending Stations● >500 miles Distribution Pipelines● 43,000 Meters and Appurtenances● Advanced Water Purification Facility

BACKGROUND 3
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4 OXNARD’S POTABLE WATER SOURCES
Imported Purchased
Surface Water (CMWD)
30-40%
City Pumped
Groundwater
20-30%
Local Purchased
Groundwater (UWCD)
30-40%
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• The Public Works & Transportation Committee in 2021 requested that the Public Works Department provide reports regarding the following water related topics: • Water Division Virtual T our• Water Sources and Drought Updates• Cost of Water• Urban Water Management Plan• Recycled Water • This report provides a cost of service analysis, which is a component of Oxnard’s future long-term plans for water BACKGROUND 5
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DISCUSSION 6
● Water Operating Budget is Funded from Ratepayers Fees ● Water Revenues Cover:
• Operations
• Maintenance
• Repairs
• Debt Service
• Capital Improvements
• Cash Reserves
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BUDGET FORECAST FY 2022-23 7
Water Utility Funds FY 2022-23
Budget
T otal Revenues $ 68,127,319
T otal Expenditures $ 68,008,769
Net Revenue (deficit) $ 118,550
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BUDGET - WATER ACQUISITION 8
● Water acquisition: one of the largest expenditures
● Water acquisition in FY 2022-23 is estimated at 41% of the budget Water Supply Acquisition Cost
Fiscal Year United Water Calleguas Groundwater*
Share of total
expenditures
2019-20** $4,853,083 $16,148,692 $1,979,726 46.92%
2020-21** $5,529,599 $14,643,551 $2,444,933 44.33%
2021-22** $7,670,622 $16,969,219 $911,460*** 52.34% (est.) 2022-23 $7,100,000 (est.) $18,000,000 (est.) $2,400,000 (est.) 40.52% (est.) 2023-24 $7,455,000 (est.) $18,900,000 (est.) $2,400,000 (est.) 42.37% (est.) 2024-25 $7,827,750 (est.) $19,845,000 (est.) $2,400,000 (est.) 44.31% (est.) * Does not include costs for operating and maintaining the groundwater production wells. ** Actual final expenditure figures
***Only partial fees were paid due to system issues with Fox Canyon’s reporting portal 682
BUDGET - ELECTRICITY AND LABOR 9
● Electricity costs have been increasing in recent years:

Electricity FY 2017-18 FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 Per kWh (cents) 12.0 11.9 12.7 13.4 14.6 (est.)
● Labor required to maintain State-required staffing has increased in cost:

Drinking Water & Recycled Water Operating Labor Costs
Fiscal Year Labor Costs
# of Full-time Equivalent
Positions Share of total expenditures
2019-20 $6,715,168 57.5 13.7%
2020-21 $7,358,329 68.5* 14.4%
2021-22 $9,605,431 (est.) 69.5* 19.7% (est.)
*Number includes AWPF FTEs not part of FY 19/20 number
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CAPITAL IMPROVEMENT PROJECTS 10
● Automated Metering Infrastructure - $30 M (estimated) ● Cast Iron Pipe Replacement - $16 M (estimated)
● Calleguas Distribution Pipeline - $60 M (estimated)
● New Wells - $11.4 M (estimated)
● Desalter Facility Improvements - $11 M (estimated)
● SCADA Improvements - $2.5 M (estimated)
● Blending Station Improvements - $1.15 M (estimated)
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CURRENT WATER BILL EXAMPLE 11
● Cost comparison for 12 HCF (hundred cubic feet) of water

● Average water bill for single family and multi-family water:

Single Family Multi-Family
Water bill $65.63 $69.79
● 12 HCF is the equivalent to 8977 gallons of water
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GROUNDWATER AGENCIES FEE HISTORY 12
● One acre foot of Oxnard treated groundwater is $1,268 ● Includes operational expenditures to make it potable
Groundwater
Fees
FY
2017-18
FY
2018-19
FY
2019-20
FY
2020-21
FY
2021-22
Overall %
Change
Fox Canyon
(per AF)
$12.50 $12.50 $17.00 $40.00 $40.00 104.7 %
United
(per AF)
$209.55 $215.84 $272.92 $319.60 $319.60 41.6 %
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UNITED WATER CONSERVATION DISTRICT HISTORIC COSTS 13
● One acre foot of UWCD treated groundwater is $881
● Includes operational expenditures to make it potable
UWCD FY 2017-18 FY 2018-19 FY
2019-20
FY
2020-21
FY
2021-22
Overall %
Change
Variable Rate
(per AF)
$528.65 $534.94 $537.44 $555.55 $560.16 5.8%
Fixed Rate
(annual)
$556,890 $525,329 $805,299 $740,778 $800,484 35.9%
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CALLEGUAS MUNICIPAL WATER DISTRICT HISTORIC COSTS 14
● One acre foot of surface water from CMWD is $1667
● Includes operational expenditures to make it potable

CMWD FY
2017-18
FY
2018-19
FY
2019-20
FY
2020-21
FY
2021-22
Overall %
Change
Variable Rate
(per AF)
$1,375 $1,423 $1,472 $1,507 $1,561 12.7%
Fixed Rate
(annual)
$1,553,868 $1,424,868 $1,522,140 $1,493,688 $1,720,825 10.2% 688
WATER SUPPLY AND DEMAND FUTURE PROJECTIONS 15
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WATER SUPPLY AND DEMAND PROPORTIONAL PROJECTIONS 16
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OXNARD GROUNDWATER BASIN HISTORIC LEVELS 17
691
STATE WATER PROJECT RESERVOIR STORAGE LEVELS 18
692
SWOT FOCUS POINTS FOR THE FUTURE 19
Strengths
● Multiple Water Sources ‘
● GREAT Program
● Robust CIP
● Urban Water Management Plan
● Water Shortage Contingency Plan
Weaknesses
● New Regulatory Requirements
● Regulatory Timelines
● Future Staffing Levels
● Water rates last reviewed in 2017
Opportunities
● Aquifer Storage & Recovery
● Develop Indirect Potable Reuse
● Conjunctive Use
● Cost of Service Study
● Design Fair and Equitable Rates
Threats
● Climate Change (Droughts)
● Aging Infrastructure
● Global Supply Chain Issues
● Rising Equipment/Supply Costs
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Outside factors continue to increase costs to provide water.

Oxnard’s Water Division is always committed to:
● Delivering safe and reliable water 24 hrs/day, 365 days/yr ● Implementing 5-year capital improvement program
● Utilizing recycled water as additional water source
● Ensuring water budget is properly funded and utilized ● Preparing to handle climate change challenges
● Securing a reliable and well maintained water system
● Maintaining public health and safety for future generations

CONCLUSION 20
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There is no direct financial impact in receiving this report.

FINANCIAL IMPACT 21
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QUESTIONS
22 696

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. L.4

DATE: December 20, 2022

TO: City Council

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

SUBJECT: Agreement 32300052 with Garcia’s Landscaping Maintenance, Inc. for On-Call Grid Pruning Services, Specification No. PW 23-38. (10 Minutes)

RECOMMENDATION

That the City Council approve and authorize an Agreement with Garcia’s Landscaping Maintenance, Inc. in the amount not to exceed $4,000,000 for a three-year term for On-Call Grid Pruning Services, Specification No. PW 23-38.

(This item is categorically exempt from the California Environmental Quality Act pursuant to title 14 of the California Code of Regulations section 15301(h)).

(Public Works and Transportation Committee approved 2-0.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/EcTasfcD8no

BACKGROUND

The Public Works Department is responsible for over 48,000 trees in parkways, medians, and parks within the City of Oxnard. For more than a decade, the City has not had a routine and continuous tree maintenance program. The current staffing levels within the Public Works Department conducts and oversees a large amount of work, both routine, and emergency, throughout the entire City. This work includes the landscape maintenance of the City’s rights-of-way (e.g. parkways and medians), parks, and trees. The contracting of this routine tree trimming work, which lends itself to be easily packaged and offered to a contractor, will allow the City staff to be more flexible and reactive to other maintenance needs throughout the City. With limited staffing dedicated to maintaining our urban forest, two tree services agreements are necessary for unscheduled on-call issues (e.g. fallen tree and stump removal) and the routine annual tree pruning. This is one of the two recommended contracts.

This Agreement provides large-scale grid pruning work and achieves our goal of a citywide five-year grid pruning cycle.

Grid pruning is a term used when all of the trees, regardless of size or species, are trimmed within a given geographic location. The latest example of a grid pruning project was the Arterial Street Tree pruning that took place last year. In this project, all of the City’s general fund trees along arterial streets were pruned. The minimum number of trees allowed per project in this Agreement is 250. There is no maximum number of trees that may be grid pruned in one year. However, the amount of trees that may be pruned are subject to available funding.

This Agreement has a not to exceed amount of $4,000,000 and a three-year term. All work will be issued through task orders at the direction of the City Staff overseeing tree projects.

DISCUSSION

697
The intent of this Agreement is to provide large-scale trimming projects along streets, in parks, and through neighborhoods. With the Arterial Street Grid Pruning project that occurred last year, work completed through this agreement will be the second year of our goal of a 5-year grid pruning program for all City General Fund trees, regardless of location. The Special Districts Division will also be able to utilize this Agreement provided there is funding available for the district being serviced.

The notice inviting formal bids (NIFB) on the Project was published on September 29, 2022, and all bids were due on October 21, 2022. The City received the following bids:

Garcia’s Landscaping Maintenance, Inc.:

Price per tree for 250-500 trees $78.00
Price per tree for 501-1,000 trees $72.00
Price per tree for 1,001 and greater trees $68.00
Total of all contract unit prices $218.00

Mariposa Tree Management, Inc.:

Price per tree for 250-500 trees $193.00
Price per tree for 501-1,000 trees $182.00
Price per tree for 1,001 and greater trees $171.00
Total of all contract unit prices $546.00

West Coast Arborists, Inc.:

Price per tree for 250-500 trees $190.00
Price per tree for 501-1,000 trees $190.00
Price per tree for 1,001 and greater trees $190.00
Total of all contract unit prices $570.00

The lowest bidder is Garcia’s Landscaping Maintenance, Inc. (Garcia’s) and their bid is responsive to the City’s NIFB.

Following this determination, procurement staff reviewed all documentation received from Garcia’s and their subcontractors. Procurement staff verified possession of the required currently valid licenses, reviewed the federal Occupational Safety and Health Administration (OSHA) website for safety violations, and verified registration with the California Department of Industrial Relations (DIR). Based upon the available information and research performed to date, staff believes the contractor is capable of satisfactorily completing the project. Therefore, staff recommends that the City Council award the Agreement for these services to Garcia’s.

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 Agreement with Garcia’s Landscaping Maintenance, Inc. shall not exceed $4,000,000 for On-Call Grid Pruning Services for a term of three years. This Agreement will be used as needed and as funding is available.

Parks will be the primary division using this Agreement within the Park’s General Fund FY23 adopted budget (account 1013302-53200). However, the Special Districts division will also have the ability to utilize this Agreement provided the funding is available for the district being serviced. Funding for subsequent fiscal years will be requested in the recommended budgets.

Estimated Spending Plan with Garcia’s
Division FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 TOTAL 698
(6 months) (6 months)
Parks $400,000 $800,000 $800,000 $400,000 $2,400,000
Special Districts $260,000 $600,000 $600,000 $140,000 $1,600,000 TOTAL $660 ,000 $1,400,000 $1,400,000 $540,000 $4,000,000

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 2-0 on November 22, 2022 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Steve Howlett, Assistant Public Works Director

ATTACHMENTS

1. Agreement 32300052

2. Presentation
699

Agreement No. 32300052

CITY OF OXNARD CONTRACT FOR

ON-CALL GRID PRUNING SERVICES
SPECIFICATION NO. PW 23-38

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 GARCIA’S LANDSCAPING MAINTENA NCE, INC. (“Contractor”). Contractor’s license number is 1068347.

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

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

2. Scope of Services. Contractor shall perform all Tasks in a good and workmanlike manner for the project identified as On-Call Grid Pruning Services, Specification No. PW 23-38 (“Project”), as described in this Contract and in the Contract Documents, throughout the Contract Term.

The Bid Sheets from the Contractor’s Bid Response are attached hereto as “Exhibit A” and incorporated herein by this reference. The Spec ial Provisions from the Contract Documents are attached hereto as “Exhibit B” and incorporated herein by this reference.

3. Compensation. In consideration of the serv ices rendered pursuant to the requirements listed in the Contract Documents, City shall pay Contractor for each Task in accordance with the Contract Unit Prices submitted in the Bid and included in the attached Exhibit A, which in any case shall not exceed four million dollars ($4,000,000.00) during the Contract Term.

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

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

Section 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract Documents.

This assignment shall be made and become effectiv e at the time City tenders final payment to Contractor without further acknowledgment by the parties.

6. Prevailing Wages. City and Contractor acknowledge that the Tasks comprising the Project are public works to which prevailing wages apply. Once the Project Manager issues a Task Order, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the corresponding Task will be on file with the Project Coordinator at City Hall and will be made available to any in terested party on request. Contractor and all Subcontractors are not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless registered and qualified to perform public work pursuant to Labor Code Section 1725.5 at the time of Bid submission.

7. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as 700

Agreement No. 32300052

follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

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

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

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

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

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

701

Agreement No. 32300052

IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the first written above.

CITY OF OXNARD GARCIA’S LANDSCAPING MAINTENANCE, INC.

☐ John C. Zaragoza, Mayor1 Date Pablo Garcia, President 2 Date ☐ Alexander Nguyen, City Manager
☐ Purchasing Manager

Tenley Garcia Hernandez, Secretary Date
A T T E S T :

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

APPROVED AS TO FORM:

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

1 The City Council must authorize and the Mayor must sign any agreement over $200,000 annually. The City Manager may authorize and sign any agreement over $100,000 but up to $200,000 annually. The Purchasing Manager may authorize and sign any agreement up to $100,000 annually. A Buyer may authorize and sign any agreement up to $25,000 annually.

2 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer; ● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or
● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

If the company has a different 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.

702

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 propert y 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 pe rformed under the Contract, Professional Liability/Errors and Omissions Insurance appropriate to the work being done in an amount not less than $1,000,000, with neither Contractor nor listed subcontractors having less than $500,000 individually. The Professional Liability/Errors and Omissions Insurance must b e project specific with at least a one year extended reporting period, or longer upon request. d. Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.

2. Contractor shall, prior to performance of any services, file wi th the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-G. The certificates and endorsements for each insurance policy ar e to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to b e on the attached forms or on other forms approved by the Risk Mana ger. All certificates and endor sements are to be received and approved by the Risk Manager before work commences. City re serves 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. 32300052
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 pa rty, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibi lity to give such notice.

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

5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance or self-insurance coverages (this must be endorsed) . Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the poli cies 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 Ci ty Council, officers, employees and volunteers, or the Contractor shall procure a bond gu aranteeing payment of losses and related investigations, claim administration and defense expenses.

703

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

10/22

704

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 insuran ce exhibit identification information completed.

Improperly addressed certificates may delay the contract start-up date because the City =s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.

Endorsement Forms

Original endorsements are required for 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

705

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

PRODUCER

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

CODESUB-CODE

COMPANIES AFFORDING INSURANCE COVERAGE

INSURED

COMPANY

LETTER ASPECIFY COMPANY NAMES IN THIS SPACE

COMPANY
LETTER
B

COVERAGES

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

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

CO
LTR

TYPE OF INSURANCE

POLICY NUMBER

POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)

LIMITS

A

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) $

A

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 $

A

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM

EACH OCCURRENCE
$

AGGREGATE $

A

WORKERS’ COMPENSATION
AND
EMPLOYERS’ LIABILITY

STATUTORY LIMITS

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

A

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 32300052
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
706

GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the ACity@)

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE  Included in Limits
 In Addition to Limits
Telephone:

 Deductible  Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage.  Per Occurrence  Per Claim (which)

NAMED INSURED

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

GENERAL LIABILITY
 COMMERCIAL GENERAL LIABILITY
 COMPREHENSIVE GENERAL LIABILITY
 OWNERS & CONTRACTORS PROTECTIVE

 Claims Made
Retroactive Date
 Occurrence

OTHER PROVISIONS

COVERAGES

LIABILITY LIMITS IN THOUSANDS $

EACH OCCURRENCE

AGGREGATE

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

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

Name:

Address:

Telephone: ( )

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 in cluded as insureds with regard to liability and defense of sui ts arising from the operations, products and activities performed by or on behalf of the named insured.

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance a fforded by this policy shall be primary ins urance as respects the Ci ty, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured =s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

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

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

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Comme rcial General Liability Coverage, Aoccurrence@ form CG0001; or b. If excess, affords coverage which is at leas t as broad as the primary insurance form CG0001.

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

ENDORSEMENT HOLDER

CITY OF OXNARD
Attn: Insurance Compliance
Reference No._ 32300052_
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
707

AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the ACity@)

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE  Included in Limits
 In Addition to Limits
Telephone:

 Deductible  Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage.  Per Occurrence  Per Claim (which)

NAMED INSURED

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

OTHER PROVISIONS
 COMMERCIAL AUTO POLICY
 BUSINESS AUTO POLICY
 OTHER
LIMIT OF LIABILITY CLAIMS: Underwriter=s representative for claims pursuant to this insurance.

Name:

Address:

Telephone: ( )

$ per accident, for bodil y injury and property damage.

In consideration of the premium charged and notwithstanding any inco nsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:

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

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the nam ed insured from the City, the insurance afforded by this policy shall be primary ins urance as respects the Ci ty, its officers, agents, employees or volunteers; or stand in an unbrok en 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 cl aim is made or suit is brought except with respect to the company=s limits of liability. The inclusion of any person or organizat ion 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 Ci ty, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.

5. PROVISIONS REGARDING THE INSURED =S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or viol ations 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.__ 32300052__
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
708

Bond No. __________

PAYMENT BOND
(LABOR AND MATERIALS)

KNOW ALL PERSONS BY THESE PRESENTS that:

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

( “ P r i n c i p a l ” )
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as On-Call Grid Pruning Services, Specification No. PW 23-38 (the “Project”).

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

NOW, THEREFORE, we, the undersigned Principal, and

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

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.

The Project shall be considered “accepted” for the purposes of triggering Bond deadlines at the Contractor’s final completion of all Tasks, the City’s acceptance of all Tasks, and the end of the Contract Term, whichever occurs last. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code 709

Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

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

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)

Note: This Bond must be executed and dated, all Surety signatures must be notarized, and evidence of the authority of any person signing as attorney-i n-fact must be attached. The date of the Bond must not be before the Contract’s Effective Da te. 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. 710

Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

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

( “ P r i n c i p a l ” )
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as On-Call Grid Pruning Services, Specification No. PW 23-38 (the “Project”).

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

NOW, THEREFORE, we, the undersigned Principal, and

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

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

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 under any Task Order shall in any way affect the Surety’s obligations under this Bond. The Surety hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract or to t he Work in any Task Order. Surety hereby waives 711

California Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

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

D a t e d :

“Principal”

By:

Its:
__________________________

By:

Its:
__________________________

(Seal)

“Surety”

By:

Its:
_________________________

By:

Its:
_________________________

(Seal)

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

712

EXHIBIT A
713

SPECIAL PROVISIONS
Contractor shall furnish labor, tools, equipment, materials, supplies and other incidentals and appurtenant work necessary to complete on-call grid pruning services. Work on an on-call basis as requested through Task Order.
1000 GENERAL CONDITIONS
1000-1 Work quality
All tree pruning shall comply with good arboriculture practices for the particular species of trees being trimmed and shall be consistent with the International Society of Arboriculture Standards and Best Management Practices including but not limited to ISAP standards and ANSI A300 standards. The Contractor shall also meet the requirements of the current ANSI, 2133, entitled "Safety Requirements for Arboricultural Operation.”
The Project Manager shall determine if the Contractor has met all pruning requirements and payment shall not be made for pruning that is not in accordance with the above standards. The Contractor shall be deemed in Contract default, if they consistently fail to comply with the aforementioned standards.
1000-2 Inspection of Hazardous Conditions
Trees shall receive routine maintenance and periodic inspections at the direction of the Project Manager. The Contractor is not to inspect, monitor, or maintain trees unless a Task Order has been issued from the City. Tree problems that are clearly visible during the maintenance activities, but not considered hazardous, will be reported to the City for direction and/or further evaluation. These hazards may be discovered through both routine pruning Work or through other forms of inspection. All work history should be recorded within the City’s tree inventory management program.
1000-2 Public Noticing of Tree Pruning Operations
Contractor shall be required to notify residents and/or businesses of scheduled tree pruning operations at least forty-eight (48) hours prior to the Work being performed. Notifications shall be made in the form of door hangers.

The Contractor shall be required to post city approved "No Parking" signs on individual trees scheduled for pruning forty-eight (48) hours prior to the Work being performed. 1000-3 Traffic Control
The Vendor shall maintain the following requirements:

1. Contractor shall submit traffic cont rol plans for approval by the City Traffic Engineer. The traffic control plan must be approved by the City prior to beginning Work. City-approved and stamped traffic control plans are required prior to issuance of an encroachment permit.

2. Maintain a minimum of one lane in each direction at all times. Maintain access to all existing business at all times.

EXHIBIT B
714

3. Traffic control plans must conform to the SSS and to the MUTCD.

4. Work taking place along arterial streets or other major thoroughfares shall be from 9:00 AM to 3:30 PM within the traffic lane and 8:00 AM to 5:00 PM outside the traffic lane. No interference with traffic at all other times.

5. No lane closure beyond the Work areas.

City staff shall stop operations if traffic c ontrol devices are not placed in accordance with approved Plans. All warning devices used during hours of darkness shall be reflectorized. All damaged City owned traffic control devices shall be replaced in kind or better at the Vendor’s expense.
1000-3.1 Furnishing and installing traffic control plans, work area traffic control devices, flagging and any other traffic control Work shall be considered as a component of the unit price per item and no separate or additional compensation will be allowed. 1000-4 Clean up
Contractor shall clean all job sites when Work is completed, including the raking of leaves, twigs, etc. from the lawns and parkways and the sweeping of streets and sidewalks.

Each day's scheduled Work shall be completed and cleaned up and under no circumstances shall any brush, leaves, debris, or equipment be left on the street or sidewalk overnight when feasible.

Brush and debris shall be removed daily, sidewalks swept, lawns and parkways raked out, and gutters cleaned.

City staff or authorized representative shall be the sole judge as to the adequacy of the cleanup.
1000-5 Disposal of Debris
All tree branches produced as a result of the Contractor's operations, under this Contract, will be reduced, reused, recycled, and/or transformed. The City will receive access to their Greenwaste Recycling report, detailing the amount of debris recycled and the location. This report is used for compliance with Assembly Bill 939.

1. Greenwaste Recycling Report: Greenwaste that is transported to an off-site facility for grinding into mulch, shall be documented. That documentation will be provided to the City on a monthly basis.

2. Wood Chips:
a. Chips generated from pruning operations within the City may first be dumped at a City designated site.
b. At the direction of the City, wood waste generated from tree removals, shall be chipped into pure wood chips with an even uniform size. These chips shall be dumped in specified locations in the City.
715

1000-6 Data Reporting
Work performed on trees will need to be recorded in a digital format that is compatible with the City’s GIS tree database. The Contractor will need to create and maintain a database with individual entries for each task performed on a specific tree (example: individual rows in a spreadsheet for each task completed for an individual tree). The Contractor database is required to use the existing tree IDs from the City’s GIS database to record and link the Contractors work performed for each individual tree. The City’s GIS Division will provide a copy of the City GIS tree database.

Entries in the database will need to have standardized repeatable values, where applicable, to allow the City to perform analysis and reporting . For example, a work type of tree trim will always need to be entered into the contractor database as “Tree_Trim” instead of a variety of similar entries (example: “trim tree”, “tree trimming”, “trimming”, etc.).

Any new trees planted or work on trees that are otherwise not already existing in the inventory will require the capture of GPS coordinates of the new tree with a minimum horizontal accuracy of 10 feet. The GPS coordinate data will be entered into the Contractors database using latitude and longitude or coordinates from the local State Plane Coordinate System (NAD83_2011, State Plane, California Zone 5, US Feet). Attributes to be collected by field personnel may include, but is not limited to:
• Tree ID Number
• City District/Grid/LLDs/Parks/R-Areas/Residential
• Street
• Location by Address
• Location by GPS
• Species by botanical name & common name
• Tree diameter
• Tree height
• Tree condition
• Tree dollar value
• Recommended Maintenance
• Existing overhead Utilities
• Parkway Size
• Parkway Type
• Sidewalk, street and gutter damage
Work reports will be submitted monthly.
2000 Scope of Work
2000-1 Tree Pruning
Prior to beginning the Work, the Contractor shall review with the Project Manager the various methods, tools, and work scheduling to be used on the project. Unless otherwise indicated, tree pruning shall include but not be limited to accepted pruning practices.

Daily tree pruning operations shall commence no earlier than 8:00 A.M. and shall be completed each day no later than 5:00 P.M., or as required by City ordinances, or emergency operations. Work will not be performed adjacent to residential housing before 716

9:00 A.M unless prior approval is obtained from the Project Manager.

All debris resulting from tree pruning operations shall be removed from the Work site on a daily basis.

1. Grid Tree Pruning
At the direction of the Project Manager, the tree pruning per pre-designed areas, grids, neighborhoods or prune routes shall be conducted to include all trees regardless of size. The only exception is no Eucalyptus globulus will be included in this work. Pruning will include structural pruning, crown raising, and slight crown cleaning in accordance with the standards set forth in the General Provisions above.
a. Contractor shall comply with the requirements of the General Provisions above.
b. Contractor shall endeavor to maintain good public relations at all times.

The Work shall be conducted in a manner which will cause the least possible interference and annoyance to the public. Work shall be performed by competent employees and supervised by an experienced, An English speaking supervisor is required in tree maintenance operations. The Contractor shall be responsible for advance notification to the residents at each Work location of the intended tree operations. The Contractor shall be responsible to see that private property and vehicles at Work locations are not endangered or damaged during the course of Work.
c. Contractor shall exercise precautions as necessary when working adjacent to aerial and subterranean utilities. Contractor must utilize qualified line clearance tree trimmers if working within 10 ft. of high voltage power lines. In the event that aerial utility wires present a hazard to the Contractors personnel or others near the Work site, Work is to immediately cease and the appropriate utility company notified. Work shall then commence in accordance with instructions from the utility company. In the event that Work causes excavation, the City is responsible for properly marking the location and the Contractor is responsible for appropriate notification of Underground Service Alert (USA).
d. No hooks, gaffs, spurs or climbers will be used for climbing trees other than for removals and inaccessible Palms, when needed and preapproved by the City Arborist.
e. Final pruning cuts shall be made without leaving stubs. Cuts shall be made in a manner to promote fast callus growth.
f. The specific techniques employed shall be consistent with industry practice for the size and species of tree being trimmed. All dead, broken, damaged, diseased, or insect infested limbs shall be removed at the trunk or main branch. All cuts shall be made sufficiently close,½ inch, to the 717
parent stem so that healing can readily start under normal conditions. All limbs 2" or greater shall be undercut to prevent splitting. The remaining limbs and branches shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless removal will result in large gaps in the general outline of the tree.
g. Cut laterals to preserve the natural form of the tree, leaving the head open enough for the branching system to show and permitting the dead material to be easily cleaned out and light to show through the head. Tree foliage shall be reduced by at least twenty (20%) percent but no more than thirty (30%) percent.
h. Trim to remove dead wood or weak, diseased, insect-infested, broken, low, or crossing limbs. Branches with an extremely narrow angle of attachment should normally be removed. Small limbs, including suckers and waterspouts, shall be cut close to the trunk or branch from which they arise.
i. Heading cuts and/or topping will not be allowed without City approval.

Heading, rounding over, or stubbing shall not be an accepted practice for reducing the size or the framework of any tree.
2000-2 Payment
Tree Pruning by Grid on the Bid sheet is priced per tree and is based on tree pruning in pre- designated districts or grids on a set cycle and includes all trees (small, medium and large sized). Trees are not excluded from the Grid. The minimum call out for a Task Order will be for 250 trees.

All Work will be pre-approved by a Task Order i ssued by the Project Manager prior to starting Work.

The Task Order shall include, but not be limited to, a list of each street that tree maintenance operations took place, the address of each individual tree, the species and height and trunk diameter of each individual tree, all materials, labor and taxes; if it does not, the Contractor shall clarify any missing information before commencing Work. A separate invoice is required for each Task Order issued pursuant to the Contract.

Contractor shall only invoice for time spent at the locations of service. The City shall not pay for time spent on route or traveling to acquire parts or supplies unless pre-approved by the Project Manager and included in the Task Order. No per diem will be paid. No additional payment will be made for travel time to and from the job site.

Furnishing and installing work area traffic control devices and flagging shall be considered as a component of the unit price per item and no separate or additional c ompensation will be allowed.

Move in/move out of eq uipment shall be considered as a component of the c ontract unit price and no separate or additional compensation will be made. 718

2000-3 Inspections
The City shall, at all times, have access to the Work and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, Workmanship, and character of materials and equipment used and employed in the Work. 719
Agreement 32300052 with Garcia’s
Landscaping Maintenance, Inc. for On-Call
Grid Pruning Services
Public Works and Transportation Committee,
November 22, 2022
City Council
December 20, 2022
Kevin Thompson, Parks Manager
720

RECOMMENDATION
FOR PUBLIC WORKS AND TRANSPORTATION COMMITTEE:

That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute an Agreement with Garcia’s Landscaping Maintenance, Inc. in the amount not to exceed $4,000,000 for a three year term for On-Call Grid Pruning Services, Specification No. PW 23-38.
2 721

RECOMMENDATION
FOR CITY COUNCIL:

That the City Council approve and authorize the Mayor to execute an Agreement with Garcia’s Landscaping Maintenance, Inc. in the amount not to exceed $4,000,000 for a three year term for On-Call Grid Pruning Services, Specification No. PW 23-38.
3 722

BACKGROUND
• It has been more than a decade since the city had a regular and ongoing tree maintenance program
• Grid pruning is a term used to describe a project where all trees, regardless of size or species are trimmed within a given geographic area
• Staff is working toward the implementation of a program where all general fund maintained trees will be grid pruned once every 5 years • With the work completed by last year’s arterial street grid pruning project, work completed this year through this agreement will be the 2nd year of the 5-year program
4 723

DISCUSSION
• Request for Bid (RFB) PW 23-28 was released on September 29, 2022 • Purchasing Department received three responsive bids by the October 21, 2022 closing date:
-Mariposa Tree Management, Inc.
-Garcia’s Landscaping Maintenance, Inc. (Garcia’s)
-West Coast Arborists, Inc.
• As a result of the RFB, the City determined Garcia’s to be the lowest responsive bidder
• Bid included rates for grid pruning projects of 250-500, 501-1,000 and over 1,001 trees
• Staff has verified vendor meets all insurance requirements, possesses a business tax certificate and is registered with the California Secretary of State

5 724

FINANCIAL IMPACT

• The total not to exceed amount for this Agreement with Garcia’s Landscaping Maintenance, Inc. is $4,000,000 for a term of three years
• This Agreement can be utilized by both the Parks and Special Districts Divisions. As this is an on-call agreement, work will only be done as funding allows.
6 725
QUESTIONS?
726

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. L.5

DATE: December 20, 2022

TO: City Council

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

SUBJECT: Agreement 32300084 with Garcia’s Landscaping Maintenance, Inc. for On-Call Tree Maintenance Services, Specification No. PW 23-39. (10 minutes)

RECOMMENDATION

That the City Council approve and authorize an Agreement with Garcia’s Landscaping Maintenance, Inc. in the amount not to exceed $4,000,000 for a three year term for On-Call Tree Maintenance Services.

(This item is categorically exempt from the California Environmental Quality Act pursuant to Title 14 California Code of Regulations section 15301(h)).

(Public Works and Transportation Committee approved 2-0.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/9wcK3fJ294E

BACKGROUND

The Public Works Department is responsible for over 48,000 trees in parkways, medians, and parks within the City of Oxnard. For more than a decade the City has not had a routine and continuous tree maintenance program.

The current staffing levels within the Public Works Department is required to address a large amount of work, both routine, unscheduled, and emergency, throughout the entire City. This work includes the landscape maintenance of the City’s rights-of-way (e.g. parkways and medians), parks, and trees. The contracting of on-call tree maintenance services, which lends itself to be easily utilized based on the contract pricing per task, will allow the City staff to be more flexible and reactive to other maintenance needs throughout the City. With limited staffing dedicated to maintaining our urban forest, two tree service agreements are necessary for unscheduled on-call issues (e.g. fallen tree and stump removal) and the routine annual tree pruning. This is one of the two recommended agreements.

This Agreement has a not to exceed amount of $4,000,000 and a three-year term. All work will be issued through task orders at the direction of the Parks Manager and City Arborist.

DISCUSSION

The intent of this Agreement is to provide timely tree maintenance services that includes but not limited to trim and shape trees, remove dead and dying trees, grind tree stumps, plant trees, water trees, provide pest control advisor recommendations, apply pesticides to trees, provide urgent responses to emergencies, and small scale pruning.

The notice inviting formal bids (NIFB) for the Project was published on September 19, 2022, and all bids were due on October 19, 2022. The City received the following bids with a total summary of rates for a wide variety of tree 727
maintenance services:

Garcia’s Landscaping Maintenance, Inc.: $9,346.00
Mariposa Tree Management, Inc.: $16,637.00
West Coast Arborists, Inc.: $16,596.00

The lowest bidder is Garcia’s Landscaping Maintenance, Inc. (Garcia’s) and their bid is responsive to the City’s NIFB.

Following this determination, procurement staff reviewed all documentation received from Garcia’s and their subcontractors. Procurement staff verified possession of the required currently valid licenses, reviewed the federal Occupational Safety and Health Administration (OSHA) website for safety violations, and verified registration with the California Department of Industrial Relations (DIR). Based upon the available information and research performed to date, staff believes that the contractor is capable of satisfactorily completing the project. Therefore, staff recommends that the City Council award this Agreement to Garcia’s.

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 Agreement with Garcia’s Landscaping Maintenance, Inc. shall not exceed $4,000,000 for on-call tree maintenance services for a term of three years. This Agreement will be used as needed based on available funding.

Parks will be the primary division using this Agreement with funding available in the Park’s General Fund adopted FY 2022-23 budget (account 1013302-53200). However, other departments and divisions, such as Special Districts, will also have the ability to utilize this Agreement provided the funding is available for the district being serviced. Funding for subsequent fiscal years will be requested in the recommended budgets.

Estimated Spending Plan with Garcia’s
Division FY 2022-23
(6 months) FY 2023-24 FY 2024-25 FY 2025-26
(6 months) TOTAL
Parks $350,000 $600,000 $600,000 $350,000 $1,900,000
Special Districts $150,000 $250,000 $250,000 $150,000 $800,000 Other $250,000 $400,000 $400,000 $250,000 $1,300,000
TOTAL $750,000 $1,250,000 $1,250,000 $750,000 $4,000,000

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 2-0 on November 22, 2022 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Kevin Thompson, Parks Manager, Steve Howlett, Assistant Public Works Director

ATTACHMENTS

1. Agreement 32300084 Garcia's

2. Presentation
728
Agreement No. 32300084

CITY OF OXNARD CONTRACT FOR

ON-CALL TREE MAINTENANCE SERVICES
SPECIFICATION NO. PW 23-39

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 GARCIA’S LANDSCAPING MAINTENA NCE, INC. (“Contractor”). Contractor’s license number is 963018.

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

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

2. Scope of Services. Contractor shall perform all Tasks in a good and workmanlike manner for the project identified as On-Call Tree Maintenance Services, Specification No. PW 23-39 (“Project”), as described in this Contract and in the Contract Documents, throughout the Contract Term. The Bid Sheets from the Contractor’s Bid Response are attached hereto as “Exhibit A” and incorporated herein by this reference. The Special Provisions from the Contract Documents are attached hereto as “Exhibit B” and incorporated herein by this reference.

3. Compensation. In consideration of the serv ices rendered pursuant to the requirements listed in the Contract Documents, City shall pay Contractor for each Task in accordance with the Contract Unit Prices submitted in the Bid and included in the attached Exhibit A, which in any case shall not exceed four million dollars ($4,000,000.00) during the Contract Term.

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

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

Section 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract Documents.

This assignment shall be made and become effectiv e at the time City tenders final payment to Contractor without further acknowledgment by the parties.

6. Prevailing Wages. City and Contractor acknowledge that the Tasks comprising the Project are public works to which prevailing wages apply. Once the Project Manager issues a Task Order, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the corresponding Task will be on file with the Project Coordinator at City Hall and will be made available to any in terested party on request. Contractor and all Subcontractors are not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless registered and qualified to perform public work pursuant to Labor Code Section 1725.5 at the time of Bid submission.

7. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as 729
Agreement No. 32300084

follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

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

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

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

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

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

730
Agreement No. 32300084

IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the first written above.

CITY OF OXNARD GARCIA’S LANDSCAPING MAINTENANCE, INC.

☐ John C. Zaragoza, Mayor1 Date Pablo Garcia, President 2 Date ☐ Alexander Nguyen, City Manager
☐ Purchasing Manager

Tenley Garcia Hernandez, Secretary Date
A T T E S T :

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

APPROVED AS TO FORM:

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

1 The City Council must authorize and the Mayor must sign any agreement over $200,000 annually. The City Manager may authorize and sign any agreement over $100,000 but up to $200,000 annually. The Purchasing Manager may authorize and sign any agreement up to $100,000 annually. A Buyer may authorize and sign any agreement up to $25,000 annually.

2 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer; ● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or
● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

If the company has a different 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.

731

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 propert y 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 pe rformed under the Contract, Professional Liability/Errors and Omissions Insurance appropriate to the work being done in an amount not less than $1,000,000, with neither Contractor nor listed subcontractors having less than $500,000 individually. The Professional Liability/Errors and Omissions Insurance must b e project specific with at least a one year extended reporting period, or longer upon request. d. Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.

2. Contractor shall, prior to performance of any services, file wi th the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-G. The certificates and endorsements for each insurance policy ar e to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to b e on the attached forms or on other forms approved by the Risk Mana ger. All certificates and endor sements are to be received and approved by the Risk Manager before work commences. City re serves 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. 32300084
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 pa rty, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibi lity to give such notice.

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

5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance or self-insurance coverages (this must be endorsed) . Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the poli cies 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 Ci ty Council, officers, employees and volunteers, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

732

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

10/22

733

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 insuran ce exhibit identification information completed.

Improperly addressed certificates may delay the contract start-up date because the City =s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.

Endorsement Forms

Original endorsements are required for 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

734

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

PRODUCER

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

CODESUB-CODE

COMPANIES AFFORDING INSURANCE COVERAGE

INSURED

COMPANY

LETTER ASPECIFY COMPANY NAMES IN THIS SPACE

COMPANY
LETTER
B

COVERAGES

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

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

CO
LTR

TYPE OF INSURANCE

POLICY NUMBER

POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)

LIMITS

A

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) $

A

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 $

A

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM

EACH OCCURRENCE
$

AGGREGATE $

A

WORKERS’ COMPENSATION
AND
EMPLOYERS’ LIABILITY

STATUTORY LIMITS

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

A

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._ 32300084_
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
735

GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the ACity@)

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE  Included in Limits
 In Addition to Limits
Telephone:

 Deductible  Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage.  Per Occurrence  Per Claim (which)

NAMED INSURED

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

GENERAL LIABILITY
 COMMERCIAL GENERAL LIABILITY
 COMPREHENSIVE GENERAL LIABILITY
 OWNERS & CONTRACTORS PROTECTIVE

 Claims Made
Retroactive Date
 Occurrence

OTHER PROVISIONS

COVERAGES

LIABILITY LIMITS IN THOUSANDS $

EACH OCCURRENCE

AGGREGATE

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

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

Name:

Address:

Telephone: ( )

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 in cluded as insureds with regard to liability and defense of sui ts arising from the operations, products and activities performed by or on behalf of the named insured.

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance a fforded by this policy shall be primary ins urance as respects the Ci ty, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured =s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

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

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

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Comme rcial General Liability Coverage, Aoccurrence@ form CG0001; or b. If excess, affords coverage which is at leas t as broad as the primary insurance form CG0001.

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

ENDORSEMENT HOLDER

CITY OF OXNARD
Attn: Insurance Compliance
Reference No._ 32300084_
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
736

AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the ACity@)

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE  Included in Limits
 In Addition to Limits
Telephone:

 Deductible  Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage.  Per Occurrence  Per Claim (which)

NAMED INSURED

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

OTHER PROVISIONS
 COMMERCIAL AUTO POLICY
 BUSINESS AUTO POLICY
 OTHER
LIMIT OF LIABILITY CLAIMS: Underwriter=s representative for claims pursuant to this insurance.

Name:

Address:

Telephone: ( )

$ per accident, for bodil y injury and property damage.

In consideration of the premium charged and notwithstanding any inco nsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:

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

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the nam ed insured from the City, the insurance afforded by this policy shall be primary ins urance as respects the Ci ty, its officers, agents, employees or volunteers; or stand in an unbrok en 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 cl aim is made or suit is brought except with respect to the company=s limits of liability. The inclusion of any person or organizat ion as an insured shall not affect any right which such person or organization would have as a claimant if not so included.

4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.

5. PROVISIONS REGARDING THE INSURED =S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or viol ations 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._ 32300084_
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
737

Bond No. __________

PAYMENT BOND
(LABOR AND MATERIALS)

KNOW ALL PERSONS BY THESE PRESENTS that:

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

( “ P r i n c i p a l ” )
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as On-Call Tree Maintenance Services, Specification No. PW 23-39 (the “Project”).

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

NOW, THEREFORE, we, the undersigned Principal, and

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

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.

The Project shall be considered “accepted” for the purposes of triggering Bond deadlines at the Contractor’s final completion of all Tasks, the City’s acceptance of all Tasks, and the end of the Contract Term, whichever occurs last. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code 738

Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

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

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)

Note: This Bond must be executed and dated, all Surety signatures must be notarized, and evidence of the authority of any person signing as attorney-i n-fact must be attached. The date of the Bond must not be before the Contract’s Effective Da te. 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. 739

Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

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

( “ P r i n c i p a l ” )
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as On-Call Tree Maintenance Services, Specification No. PW 23-39 (the “Project”).

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

NOW, THEREFORE, we, the undersigned Principal, and

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

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

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 under any Task Order shall in any way affect the Surety’s obligations under this Bond. The Surety hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract or to t he Work in any Task Order. Surety hereby waives 740

California Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

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

D a t e d :

“Principal”

By:

Its:
__________________________

By:

Its:
__________________________

(Seal)

“Surety”

By:

Its:
_________________________

By:

Its:
_________________________

(Seal)

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

741
&9)*#*5"
742
743
744
745

SPECIAL PROVISIONS
Contractor shall furnish labor, tools, equipm ent, materials, supplies and other incidentals and appurtenant work necessary to complete on-call Tree Maintenance services. Work on an on-call basis as requested through Task Order. 1000 GENERAL CONDITIONS
1000-1 Work quality
All tree pruning shall comply with good arboriculture practices for the particular species of tr ees being trimmed and shall be consistent with the International Society of Arboriculture Standards and Best Management P ractices inc luding but not limited to ANSI A300 standards. The Contrac tor shall also meet the requirements of the current ANSI, 2133, entitled "Safety Requirements for Arboricultural Operation.” The Project Manager shall determine if the Contractor has met all pruning requirem ents and payment shall not be made for pruning that is not in acc ordance with the above standards. The Contractor shall be deemed in Contrac t default, if they consistently fail to comply with the aforementioned standards.
1000-2 Inspection of Hazardous Conditions
Trees shall receive routine maintenance and periodic inspections at the dir ection of the Project Manager. The Contractor is not to inspect, monitor, or maintain trees unless a Task Order has been issued from the City. Tree problems that are clearly visible during the maintenance activities, but not considered hazardous, will be reported to the City for direction and/or fur ther ev aluation. These hazards may be discovered through both routine pruning Wor k or through other forms of inspection. All work history should be recorded within the City’s tree inventory management program. 1000-2 Public Noticing of Tree Maintenance Operations
Contractor shall be required to notify
res idents and/or businesses of scheduled tree
maintenance operations at least forty-eight (48) hours pr ior to the Work being performed. Notifications shall be made in the form of door hangers.

The Contractor shall be required to post c ity approved "No Parking" signs on individual trees scheduled for pruning forty-eight (48) hours prior to the Work being performed. (;+,%,7%
746

1000-3 Traffic Control
The Vendor shall maintain the following requirements:

1. Contractor shall submit traffic control plans for approval by the City Traffic Engineer. The traffic control plan must be approved by the City prior to beginning Work. City-approved and stamped traffic control plans are required prior to issuance of an encroachment permit.

2. Maintain a minimum of one lane in each direction at all times. Maintain access to all existing business at all times.

3. Traffic control plans must conform to the SSS and to the MUTCD.

4. Work taking place along arterial streets or other major thoroughfares shall be from 9:00 AM to 3:30 PM within the traffic lane and 8:00 AM to 5:00 PM outside the traffic lane. No interference with traffic at all other times.

5. No lane closure beyond the Work areas.

City staff shall stop operations if traffic control devices are not placed in accordance with approved Plans. All warning devices used during hours of darkness shall be reflectorized. All damaged City owned traffic control devices shall be replaced in kind or better at the Vendor’s expense.
1000-3.1 Furnishing and installing traffic control plans, work area traffic control devices, flagging and any other traffic control Work shall be considered as a component of the unit price per item and no separate or additional compensation will be allowed. 1000-4 Clean up
Contractor shall clean all job sites when Work is completed, including the raking of leaves, twigs, etc. from the lawns and parkways and the sweeping of streets and sidewalks.

Each day's scheduled Work shall be completed and cleaned up and under no circumstances shall any brush, leaves, debris, or equipment be left on the street or sidewalk overnight when feasible.

Brush and debris shall be removed daily, sidewalks swept, lawns and parkways raked out, and gutters cleaned.

City staff or authorized representative shall be the sole judge as to the adequacy of the cleanup.
1000-5 Disposal of Debris
All tree branches produced as a result of the Contractor's operations, under this Contract, will be reduced, reused, recycled, and/or transformed. The City will receive 747

access to their Greenwaste Recycling report, detailing the amount of debris recycled and the location. This report is used for compliance with Assembly Bill 939.

1. Greenwaste Recycling Report: Greenwaste that is transported to an off-site facility for grinding into mulch, shall be documented. That documentation will be provided to the City on a monthly basis.

2. Wood Chips:

A. Chips generated from pruning operations within the City may first be dumped at a City designated site.

B. At the direction of the City, wood waste generated from tree removals, shall be chipped into pure wood chips with an even uniform size. These chips shall be dumped in specified locations in the City.
1000-6 Data Reporting
Work performed on trees will need to be recorded in a digital format that is compatible with the City’s GIS tree database. The Contractor will need to create and maintain a database with individual entries for each task performed on a specific tree (example:
individual rows in a spreadsheet for each task completed for an individual tree). The Contractor database is required to use the existing tree IDs from the City’s GIS database to record and link the Contractors work performed for each individual tree.

The City’s GIS Division will provide a copy of the City GIS tree database.

Entries in the database will need to have standardized repeatable values, where applicable, to allow the City to perform analysis and reporting. For example, a work type of tree trim will always need to be entered into the contractor database as “Tree_Trim” instead of a variety of similar entries (example: “trim tree”, “tree trimming”, “trimming”, etc.).

Any new trees planted or work on trees that are otherwise not already existing in the inventory will require the capture of GPS coordinates of the new tree with a minimum horizontal accuracy of 10 feet. The GPS coordinate data will be entered into the Contractors database using latitude and longitude or coordinates from the local State Plane Coordinate System (NAD83_2011, State Plane, California Zone 5, US Feet).

Attributes to be collected by field personnel may include, but is not limited to:
• Tree ID Number
• City District/Grid/LLDs/Parks/R-Areas/Residential
• Street
• Location by Address
• Location by GPS
• Species by botanical name & common name
• Tree diameter
• Tree height
• Tree condition
748
• Tree dollar value
• Recommended Maintenance
• Existing overhead Utilities
• Parkway Size
• Parkway Type
• Sidewalk, street and gutter damage
Work reports will be submitted monthly.
2000 Scop
e of Work
The Scope of Work shall include, but not be limited to, the following:

1. Tree Pruning
A. Pruning for clearance.

B. Pruning Palm Trees.

C. Aesthetic and/or Service Request pruning.

2. Tree Services
A. Tree removal.

B. Tree planting.

C. Root pruning.

D. Stump grinding.

3. Tree Care
A. Tree watering.

B. Small tree care.

D. Pesticide application.

D. Pest Control Advisor services.

E. Tree staking.

4. Other Services
A. Urgent response.

B. Service crew.
2000-1 Tree Pruning
Prior to beginning the Work, the Contractor shall r eview with the Pr oject Manager the various methods, tools, and work scheduling to be used on the project. Unless otherwise indicated, tree pruning shall include but not be limited to accepted pruning practices.

Daily tree pruning operations shall commence no earlier than 8:00 A.M . and shall be completed each day no later than 5:00 P.M., or as required by City ordinances, or emergency operations. Work will not be performed adjacent to residential housing before 9:00 A.M.
749

All debris resulting from tree pruning operations shall be removed from the Work site on a daily basis.

1. Pruning for Clearance (all species except palms)
As directed by Project Manager, tree pruning for traffic clearances shall provide clearances of at least fourteen (14') feet and no greater than sixteen feet (16') above finish grade for moving vehicles within the traveled roadway, (9') for pedestrians on sidewalks in accordance with the standards set forth by the ISAP Standards (Best Management Practices) and the ANSI A300 Standards under "Pruning to Raise." Clearance trims are performed on a grid system or on a street-by-street basis.

Clearances for adjacent structures and their connecting utility lines (service drops), shall be determined by the City Arborist and conform to the following:

A. The minimum clearance under trees within the street right-of-way shall be fourteen (14') feet over the traveled road, and nine feet (9') over the curb line and the sidewalk side of the tree. When pruning the bottom branches, care shall be given to obtain a balanced appearance when viewed from across the street immediately opposite the tree.

B. Cut to laterals to preserve the natural form of the tree. Remove lateral branches at their point of origin or shorten the length of a branch by cutting to a lateral, which is large enough to assume leadership.

C. When cutting back, avoid cutting back to small suckers. Remove smaller limbs and twigs in such a manner as to leave the foliage pattern evenly distributed.

D. Tree Pruning by Block on the Bid sheet is priced per tree and consists of pruning trees along a block segment or "run" as designated by the City. This is different from Grid Pruning where all trees are pruned (small, medium and large sized) within a grid or district.

2. Pruning Palm Trees
Palm tree pruning shall consist of the removal of all dead fronds five (5) feet down the trunk from the lowest green fronds, fruit clusters and other vegetation from the trunks of all palms in a manner selected by the Contractor and approved by the City Arborist and in accordance with the following:

A. The use of climbing spurs or spike shoes for the purpose of climbing palm trees is prohibited, unless specifically approved by the City Arborist. The Contractor shall be required to use an aerial tower with sufficient height to reach the crown for the purpose of pruning City palm trees.

B. Palm Skinning (additional service & cost) - Dead fronds, and parts thereof, including stubs, can be removed along the entire length of the trunk of each 750

palm, leaving a clean unsheathed appearance slicked from the ground to approximately twenty-four to thirty-six (24" - 36") inches from the base of the green fronds at the top of the tree. The frond stubs (cut close to the trunk) can be left in place within a span of at least eighteen (18") inches but no greater than thirty-six (36") inches.

C. Removal for dead fronds lower than 5 feet will be charged at the Palm Skinning rate.

3. Aesthetic and/or Service Request Tree Pruning (All species except palms).

As directed by Project Manager, trees identified for an aesthetic trim shall be trimmed within two weeks of notification by the City to the Contractor.

A. Contractor shall comply with the requirements of the General Provisions above.

B. Contractor shall endeavor to maintain good public relations at all times. The Work shall be conducted in a manner which will cause the least possible interference and annoyance to the public. Work shall be performed by competent employees and supervised by an experienced, An English speaking supervisor is required in tree maintenance operations. The Contractor shall be responsible for advance notification to the residents at each Work location of the intended tree operations. The Contractor shall be responsible to see that private property and vehicles at Work locations are not endangered or damaged during the course of Work.

C. Contractor shall exercise precautions as necessary when working adjacent to aerial and subterranean utilities. Contractor must utilize qualified line clearance tree trimmers if working within 1O ft. of high voltage power lines. In the event that aerial utility wires present a hazard to the Contractors personnel or others near the Work site, Work is to immediately cease and the appropriate utility company notified. Work shall then commence in accordance with instructions from the utility company. In the event that Work causes excavation, the City is responsible for properly marking the location and the Contractor is responsible for appropriate notification of Underground Service Alert (USA).

D. No hooks, gaffs, spurs or climbers will be used for climbing trees other than for removals and inaccessible Palms when needed and preapproved by the City Arborist.

E. Final pruning cuts shall be made without leaving stubs. Cuts shall be made in a manner to promote fast callus growth.

F. The specific techniques employed shall be consistent with industry practice for the size and species of tree being trimmed. All dead, broken, damaged, diseased or insect infested limbs shall be removed at the trunk or main branch.

All cuts shall be made sufficiently close,½ inch, to the parent stem so that 751
healing can readily start under normal conditions. All limbs 2" or greater shall be undercut to prevent splitting. The remaining limbs and branches shall not be split or broken at the cut. All crossed or rubbing limbs shall be removed unless removal will result in large gaps in the general outline of the tree. All trees shall be thinned of smaller limbs when necessary to distribute the foliage evenly as needed.

G. Cut laterals to preserve the natural form of the tree, leaving the head open enough for the branching system to show and permitting the dead material to be easily cleaned out and light to show through the head.

H. Trim to remove dead wood or weak, diseased, insect-infested, broken, low, or crossing limbs. Branches with an extremely narrow angle of attachment should normally be removed. Small limbs, including suckers and waterspouts, shall be cut close to the trunk or branch from which they arise.

I. The trimming shall provide a symmetrical shape and aesthetically pleasing appearance typical of the species. Trees shall also be trimmed to remove any obstruction around traffic control devices, traffic signs and streetlights.

Additional trimming shall be performed to mitigate any extreme effect of the clearance trimming and provide an aesthetic appearance.

J. Heading cuts and/or topping will not be allowed without City approval. Heading, rounding over, or stubbing shall not be an accepted practice for reducing the size or the framework of any tree.

K. The minimum clearance under trees within the street right-of-way shall be fourteen (14') feet over the traveled road, and nine feet (9') over the curb line and the sidewalk side of the tree. When pruning the bottom branches, care shall be given to obtain a balanced appearance when viewed from across the street immediately opposite the tree.
2000-2 Tree Services

1. Tree Removals
After the City determines that a tree r equires removal, the City shall prepare a list of trees to be removed, mark trees, notify homeowners, and submit a list to the Contractor.

It is the Contractor’s responsibility to call Underground Service Alert (USA) and prepare internal work orders. The Contractor’s crew shall remove the tree, haul all debris and grind stumps to a depth of eighteen (18") inches unless prior approval is obtained by the City Arborist. All holes will be bac kfilled. The City Arborist shall m ake the final determination to remove or provide public noticing for removal at a later date. Removals shall be conducted in good workmanlike manner and in accor dance with the standards of the arboricultural profession.
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All wood from removed trees is the property of the City and shall be disposed of at the direction of the Project Manager. No wood shall be left along the public right-of-way unless approved by the Project Manager. All tree parts are to be loaded into transport vehicles or containers. The vehicles or containers must have the front, sides and rear solid and the top shall be tarped, or otherwise tightly enclosed. The transporting of tree parts must be made so that no debris escapes during the transport. Branches, suckers, bark, and other tree parts that are chipped are to be covered while transported and hauled to the disposal site during the workday.

The City is responsible for marking trees so that they are easily identifiable by Underground Service Alert (USA) and the Contractor. The Contractor shall be required to call USA at least 2 days before stumps are to be ground out. All tree stumps must be removed to at least 18 inches below the lowest soil level adjacent to the stump, or until deep roots are no longer encountered. The Contractor shall grind the stump a minimum distance of one and a half (1½') feet either side of the outer circumference of the stump, or until surface roots are no longer encountered.

Stumps should be cut low enough to the ground where routing can be done safely. This may be accomplished by cutting the stump at the time of grinding, or at the time of tree removal except for infrastructure conflicts. Holes created by stump and root grinding must be filled the same day. The resultant chips from routing may be used to fill the hole to two (2") inches above normal ground level. All excess routing chips debris will be removed and loaded into transport vehicles for disposal. Any damage caused by the contractor to infrastructure including paved surfaces, fences, etc. shall be restored to their original condition.

2. Tree Planting
Tree planting includes the tree, stakes, ties and watering at time of installation, as directed by the Project Manager. Contractor will guarantee the quality of the tree stock and the Workmanship.

A. Contractor shall provide all equipment, labor, and materials necessary for the planting of trees throughout the City in accordance with the specifications herein.

B. The City shall be responsible for marking the locations and the Contractor will notify Underground Service Alert (USA) prior to planting.

C. Planting pit shall be dug twice the width and the same depth of the root ball.

Before placing the tree in the planting pit, the Contractor shall examine the root ball for injured roots and the canopy for broken branches. Damaged roots should be cleanly cut off at a point just in front of the break. Broken branches should be cut out of the canopy making sure that the branch collar is not damaged.
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D. The tree shall be placed in the planting pit with its original growing level (the trunk flare) at the same height of the surrounding finish grade. In grass- covered parkways, the top of the root ball shall be level or slightly higher than the surrounding soil. In a concrete tree well, the root ball shall be 3 inches below the level of the finished surface of the concrete.

E. Backfill material should be native soil. Eliminate all air pockets while backfilling the planting pit by watering the soil as it's put into the hole.

F. Trees that are planted in parkways shall have a 4"-6” high water retention basin built around the tree that is capable of holding at least ten (10) gallons of water.

In a concrete tree well, the soil should be raked against the edge of the concrete to create a sloping basin. Immediately after planting, the tree shall be watered thoroughly by filling the water retention basin twice.

G. All trees shall be staked with two wooded lodge poles and two ties per pole.

The minimum size of the lodge poles shall be ten (10') feet long, with a one and a half (1½") inch diameter. Tree ties shall be placed at one third(1/3) and two- thirds (2/3) of the trunk height. Stakes shall not penetrate the root ball and shall be driven into the ground approximately twenty-four to thirty (24"-30") inches below grade. The top of stakes shall be removed to not interfere with the canopy.

H. Trunk protectors such as Arbor-Guards or equal shall be placed at the base of the trunk of all new trees immediately after planting.

I. In some cases, root barriers may be required. The City will make this determination. Should a root barrier be required, the Contractor will install a mechanical barrier that redirects root growth downward, eliminating the surface rooting that damages expensive hardscapes and creates a hazard. The barrier shall be twelve (12") inches in depth and at a length determined by the City and placed in a circular fashion surrounding the tree's root system. Root barriers are an additional service.

J. Clean up all trash and any soil or dirt spilled on any paved surface at the end of each working day.

K. All trees shall be of good nursery stock that adheres to the American Standard for Nursery Stock as described in the current ANSI 260.1 standards. Trees shall be free from pests, disease, and structural defects. If these issues are determined by the CIty, then the Contractor will be responsible for replacing the tree(s) at no additional cost.

L. All newly planted trees are to be watered for the next 8 weeks, at least once a week, for an establishment period.

3. Root Pruning
At the direction of the Project Manager, the Contr actor will prune the roots of trees and 754
add root barrier. The depth, distance from trunk and length of the cut will be determined by the City Arborist, or assigned, on a tree by tree basis.

4. Stump Grinding
At the direction of the Project Manager, stumps of previously removed trees will be ground. The Contractor will call Underground Service Alert (USA) and prepare an internal work order. Crew grinds stumps to a depth of eighteen (18") inches. All holes will be backfilled; as well as all debris cleaned up and hauled away. 2000-3 Tree and plant care
Services include watering, small tree care, pesticide applications and Contractor’s Pest Control Advisor recommendations.

1. Watering
A. Watering is performed with a water truck application through an agreed upon sprayer system and/or emitters. This application will water various routes throughout the street landscapes and/or parks.

B. Watering is performed by hand using a hose or multiple hoses attached to a water truck or water buffalo. Water will be applied to an existing tree well made of mounded dirt around the base of trees. Each basin will hold approximately 20-40 gallons of water. Water will be applied at a rate as not to blow out the well and allow for it to fill. Any damage to the well that reduces the capacity or allows water to escape will be repaired by the Contractor at the time of watering to ensure the proper amount of water is delivered and there is no runoff into the street or sidewalk.

2. Small Tree Care
The City requires an active approac h to the care of its young and newly planted trees.

The Contractor shall be required to perform basic m aintenance that will include, but not be limited to, tree well adjustments and watering, removal of weeds from tree wells, structural pruning, and re-staking when necessary.

The Contractor may be required to replace existing tree stakes or install new ones. All trees shall be staked with two wooded lodge poles and two ties per pole. The minimum size of the lodge poles shall be ten ( 10') feet long, with a one and a half (1½") inch diameter. Tree ties shall be placed at one third(1/3) and two-thirds (2/3) of the trunk height. Stakes shall not penetrate the root ball and shall be driven into the ground approximately twenty-four to thirty (24"-30") inches below grade. Top of the stakes shall be removed from the canopy.
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3. Pesticide Application and Reporting
At the direction of the Project Manager, the Contractor shall be required to provide plant health care services including, but not limited to, the following; spraying, injecting, and soil drenching as necessary to reduce a potentially harmful pest. This is done to maintain or improve the selected tree's appearance, vitality, and safety, using the most cost-effective and environmentally sensitive practices and treatments available. All pesticide recommendations are to be made by the Contractor’s Pest Control Advisor in accordance with the California Department of Pesticide Regulations.

A. Pesticide Treatment of Trees

1. Contractor shall have an in-house Qualified Applicator to apply chemicals in accordance with the recommendations from the in-house Agricultural Pest Control Advisor and all applicable product labels and regulations.

Contractor to submit Qualified Applicator certification documentation to the Project Manager prior to commencing Work.

2. Applications will be made by drench, spray, or injection as conditions warrant. The primary method of application shall be trunk or soil injection.

3. The following are pesticides that may be used on this Contract for treatment of Polyphagous Shot Hole Borer (PSHB), Golden Spotted Oak Borer (GSOB), Fusarium dieback, and other pests. This list is not all inclusive or exhaustive.
a. Propiconazole
b. Tebuconazole
c. Thiabendazole
d. Emamectin benzoate
e. lmidacloprid
f. Dinotefuran
g. Bifenthrin
h. Carbaryl
B. Pesticide Usage and Reporting

1. Contractor shall submit Pesticide Usage Report(s) to the City at the end of each month summarizing the facilities treated, pests treated, pesticides used, pesticide application rates, staff hours, and equipment. a. The Report(s) will provide all information needed, and in a format sufficient, for all annual reporting, including 1PM and NPDES.

2. City 1PM Policy encourages use of the least toxic pesticide required for effective control of a given pest.
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C. Pests and Diseases

1. For all trees known or suspected to be diseased/infested, the Contractor shall disinfect all tools and cut surfaces after each cut and between trees.

2. For all trees with known or suspected PHSB, Fusarium, Gold Spotted Oak Borer or other high priority pests/ pathogens as determined by the County, The Contractor shall handle all debris in a manner consistent with the newest version of all appropriate Best Management Practices (BMP), which minimizes the chance of spreading infection or infestation.

3. Material and debris from trees with known or suspected disease/infestation shall be chipped to 1" or smaller and shall not be left on site or used as much off site.

4. No additional charges for disinfection or special handling shall be allowed.

D. Pest Control Advisor Services
At the Project Manager’s direction, the Contac tor will conduct inspections, sampling, testing and other data c ollections servic es. Analyze the data and pr ovide results and recommendations in a report to address the specific is sue in question. Contractor to submit Pest Control Advisor documentation to Project Manager pr ior to commencing work.
2000-3 Other Services

1. Urgent Response
The Contractor shall be required to provide urgent on-call response for damaged trees as a result of s torms or other r easons. Urgent calls may occur at any giv en time. The Contractor will be provided with locations and the Work to be done at each loc ation via telephone from the City. Urgent work shall begin within two (2) hours of the initial telephone call.

Contractor shall be required to provide a twenty-four (24) hour emergency phone number or the names of at least ten (10) contact individuals upon award of Contract.

Should the contact persons or their phone numbers change during the course of the Contract, those changes shall be submitted to the City within two (2) Working Days.

Contractor shall be required to provide all necessary traffic control during the course of emergency work. Should the work involve any high voltage power lines or any utility lines the Contractor shall be required to notify the responsible utility company. 757
Work performed under the emergency provision of this Contract shall be paid for on a crew hour basis. This shall include all labor, tools equipment, disposal fees and necessary materials.

2. Service Crew
The crew and equipment can be modified to complete any type of miscellaneous tasks including special projects that may consist of extraordinary work including but not limited to debris and brush cleanup, hanging lights and flags, changing light bulbs, building tree watering wells, etc.
3000 Payment
All Work will be pre-approved by a Task Order issued by the Project Manager pr ior to starting Work.

The Task Order shall include, but not be limited to, a list of each street that tree maintenance operations took place, the address of each individual tree, the species and height and trunk diameter of each individual tree, all materials, labor and taxes; if it does not, the Contractor shall clarify any m issing information before commencing Work. A separate invoice is required for each Task Order issued pursuant to the Contract.

Contractor shall only invoice for time spent at the locations of service. The City shall not pay for time spent on route or traveling to acquire parts or supplies unless pre-approved by
the Project Manager and included in the Task Order.

Furnishing and installing work area tr affic control devices and flagging shall be considered as a component of the unit price per item and no separate or additional compensation will be allowed.

Move in/move out of equipment shall be considered as a component of the contract unit price and no separate or additional compensation will be made. No per diem will be paid. No additional payment will be made for travel time to and from the job site. 4000 Inspections
The City shall, at all times, hav e access to the Work and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, Workmanship, and character of mater ials and equipment us ed and employed in the Work.
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Agreement 32300084 with Garcia’s
Landscaping Maintenance, Inc. for On-Call
Tree Maintenance Services
Public Works and Transportation Committee,
November 22, 2022
City Council
December 20, 2022
Kevin Thompson, Parks Manager
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RECOMMENDATION
FOR PUBLIC WORKS AND TRANSPORTATION COMMITTEE:

That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute an Agreement with Garcia’s Landscaping Maintenance, Inc. in the amount not to exceed $4,000,000 for a three year term for On-Call Tree Maintenance Services, Specification No. PW 23-39.
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RECOMMENDATION
FOR CITY COUNCIL:

That the City Council approve and authorize the Mayor to execute an Agreement with Garcia’s Landscaping Maintenance, Inc. in the amount not to exceed $4,000,000 for a three year term for On-Call Tree Maintenance Services, Specification No. PW 23-39.
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BACKGROUND
• It has been more than a decade since the city had a regular and ongoing tree maintenance program
• The number of staff dedicated to maintaining the City’s urban forest has been limited. The focus of City staff has been on hazard mitigation, responding to emergency situations and residential tree trim requests • Over the years many of the standard maintenance tasks have been deferred due to lack of resources
• With the passing of Measure E, funding has been dedicated to maintaining the City’s urban forestry
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DISCUSSION
• Request for Bid (RFB) PW 23-39 was released on September 19, 2022 • Purchasing Department received three responsive bids by the October 19, 2022 closing date:
-Mariposa Tree Management, Inc.
-Garcia’s Tree Maintenance Services, Inc. (Garcia’s)
-West Coast Arborists, Inc.
• As a result of the RFB, the City determined Garcia’s to be the lowest responsive bidder

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DISCUSSION
• The Agreement allows for a variety of standard maintenance task including:
• Removal of dead and dying trees
• Grinding of tree stumps
• Planting trees
• Watering trees
• Pest Control Advisor recommendations
• Pesticide application
• Urgent response call out
• Small scale pruning
• Staff has verified vendor meets all insurance requirements, possesses a business tax certificate and is registered with the California Secretary of State
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FINANCIAL IMPACT

• The total not to exceed amount for this Agreement with Garcia’s Tree Maintenance Services, Inc. is $4,000,000 for a term of three years
• This Agreement can be utilized Citywide. As this is an on-call agreement, work will only be done as funding allows.
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QUESTIONS?
766

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. L.6

DATE: December 20, 2022

TO: City Council

FROM: Betsy George, Chief Financial Officer, (805) 200-5400, [email protected]

SUBJECT: Authorize Equipment Lease Schedule No. 27 to Finance the Purchase of a Fire Ladder Truck and to Finance the Purchase and Upfitting of Eight (8) Fire Battalion Chief Vehicle Chassis. (10 minutes)

RECOMMENDATION

That the City Council adopt a resolution authorizing the execution and delivery of Schedules of Property to the Master Equipment Lease/Purchase Agreement not to exceed $3,450,000 for a ladder fire truck and the purchase and subsequent upfitting of chassis for battalion chief command vehicles; authorizing the execution and delivery of other documents required in connection therewith; and authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by this resolution.

Presentation will be live upon Consultant's request.

BACKGROUND

The Oxnard Fire Department continues to improve and modernize its fleet in order to continue providing response for a full range of emergency and non-emergency services to the community. The Fire Department is initiating the purchase of a new tractor drawn aerial ladder fire truck (“ladder truck”) and eight fire battalion chief command vehicles (“command vehicles”), together with the ladder truck (“Equipment”).

The command vehicles are purchased in two parts – first, the City purchased eight Ford F-350 chassis for the command vehicles from the National Auto Fleet on November 4, 2021 for a total price of $397,548 (Purchase Order 8388). The City Council ratified the Mayor’s authorization to sign the purchase order on December 28, 2021. Those eight chassis were delivered to the City in summer 2022, and the City paid for them shortly after delivery. The second step in the command vehicle purchase is for the command vehicle chassis to be upfitted and equipped to make them into serviceable vehicles. The upfitting will be performed by National Auto Fleet Group. The City has received a quote in the amount of $1,053,109 for the total cost of upfitting those eight chassis.

The City has received a quote to purchase the ladder truck from Pierce Manufacturing through South Coast Emergency Fire Equipment for $1,776,924. Fiscal Year 2022-23 budget includes an appropriation and lease proceeds of $2,000,000 in the Lease Purchase Equipment Fund to purchase the ladder truck. The cost to upfit and equip the ladder truck to be response ready is just under $200,000. This upfitting cost will be incurred once the truck has been built and delivered to the City – which is estimated to be three to three and a half years.

The items related to the approvals to purchase the upfitting of the command vehicles and to purchase the ladder truck are going before the Council on December 20, 2022, the same date as this item.

The City has a positive prior relationship with Banc of America and has used Banc of America to finance equipment purchases several times since 2014. The City Council previously approved Master Equipment Lease Agreement A-7667, and staff executed the agreement on June 17, 2014. Banc of America Public Capital Corp has approved the attached 767
Master Equipment Lease Purchase Agreement (“Master Lease”) with the City, which operates similar to a line of credit.

Each equipment purchase functions like a draw on the line of credit and is authorized through Equipment Schedules (also referred to as a Schedule of Property).

Since the City intends to enter into a tax-exempt equipment lease financing to reimburse the City for the purchase and upfitting of the eight command vehicles and purchase of the ladder truck, Internal Revenue Service (IRS) regulations require that the City Council adopt a reimbursement resolution within sixty days of the actual expenditure of funds in order to use tax exempt debt proceeds to reimburse the City. The City paid for the eight command vehicle chassis in late August 2022 and the City Council adopted a resolution on October 4, 2022, declaring the intent to reimburse the City using proceeds from tax-exempt debt. This resolution did not obligate the City to enter into a financing but provided the City with the option to use tax-exempt debt to reimburse the City for equipment expenditures that were made more than sixty days prior to the close of a financing.

DISCUSSION

In order to reduce the upfront purchase price of the ladder truck, City staff are utilizing a couple of strategies. First, the City is accelerating the process of purchasing the ladder truck to complete the purchase prior to the manufacturer (Pierce) implementing a 3% cost increase after February 1, 2023. This action is expected to save the City approximately $57,000 by avoiding the cost increase.

Second, the City plans to pre-pay for the ladder truck in order to secure a $115,000 full prepayment discount. Combined, these two strategies are estimated to reduce the City’s total purchase cost by $172,000.

It is the staff’s intention to enter into equipment financing to reimburse the City for the upfront cost of the equipment.

Pending City Council approval, the City will utilize the existing Master Lease with Banc of America. This master lease has been in place since 2014, and the City has financed several vehicles over the years. Each financing is considered a “draw” on the Master Lease and is referred to as an Equipment Schedule. The current draw for the command vehicles and the ladder truck is Equipment Schedule No. 27.

Staff anticipates that funds will be drawn from Equipment Schedule No. 27 after the closing in mid-January 2023.

Consistent with the City’s other equipment leases, staff will submit reimbursement requests to withdraw funds from the escrow for the Equipment Schedule No. 27 to reimburse the City for the cost of the equipment.

Banc of America has provided a locked, 10-year fixed interest rate of 3.814%. This rate was locked in September 2022. Locking the interest rate removes the risk that interest rates go up between now and mid-January 2023 when the financing is expected to close.

The documents related to this financing are the authorizing resolution, the original Master Equipment Lease/Purchase Agreement, Equipment Schedule No. 27, and the Escrow Agreement. Those documents are summarized below:

Authorizing Resolution – The resolution provides authority to City staff to enter into Equipment Schedule No. 27, provided the final par of the equipment lease is within the identified not-to-exceed amount in the resolution.

Master Equipment Lease/Purchase Agreement – this agreement was approved by the City Council back in 2014. The terms of this document are not changing, but this agreement governs the terms underlying all of the City’s outstanding Equipment Schedules with Banc of America.

Schedule of Property No. 27 – This document identifies the specific terms for the financing of the equipment and also identifies the specific amortization schedule, interest rate, and prepayment provisions for this equipment lease.

Escrow Agreement – This agreement between the City, Banc of America and Computershare Trust Company, N.A, (“Escrow Agent”) outlines the process by which the Escrow Agent will disburse the funds from the escrow to the City to reimburse the City for costs associated with the purchase of the vehicles and for costs associated with entering into the equipment lease.

STRATEGIC PRIORITIES

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This agenda item supports Public Safety strategy. The purpose of the Public Safety strategy is to restore and modernize the delivery of public safety services to provide for the safety of our neighborhoods and health of our community.

FINANCIAL IMPACT

Equipment leases provide an option for the City to make critical equipment purchases under favorable financing conditions. In addition, this lease allows the City to finance equipment over the expected useful life of the equipment rather than fronting the cost. Based on the locked, fixed 10-year interest rate of 3.814% for the financing, there will be $207,000 combined principal and interest payments every 6 months from the first payment on June 1, 2023, through the final maturity of June 1, 2032. The total cost on a fiscal year basis will be $414,000 per year for fiscal years 2023-24 through 2031-32.

The FY 2022-23 Adopted Budget includes an estimated first lease payment of $200,000 for the ladder truck and $100,000 for the command vehicles (combined $300,000). The actual first lease payment on June 1, 2023, is expected to be approximately $207,000.

Additional annual payments for the equipment under the lease purchase will be included in future budget requests.

Additional details regarding the financial impact of Equipment Schedule No. 27 are included in the Good Faith Estimates provided below. While staff and NHA Advisors expect the principal amount to be $3,285,000. The NTE amount requested is $3,450,000 in case of any unforeseen costs related to closing the equipment financing.

Good Faith Estimates

The good faith estimates set forth herein are provided with respect to Equipment Schedule No. 27 in accordance with California Government Code Section 5852.1. Such good faith estimates have been provided to the City by the Municipal Advisor as of December 1, 2022.

Principal Amount. The Municipal Advisor has informed the City that, based on the City’s purchase agreements, financing plan, and current market conditions, its good faith estimate of the aggregate principal amount of Equipment Schedule No. 27 is $3,285,000, (the “Estimated Principal Amount”).

Equipment Schedule No. 27 - Closing Expected January 2023 Description Amount Note
Purchase of 8 Chassis $397,548 Final amount paid
Upfitting of 8 chassis $1,053,108 Quote (11/2/2022)
Purchase of ladder truck $1,776,924 Quote (11/30/2022) Estimated Issuance Costs $54,821 Confirmed
Contingency $2,599
Total Estimated Principal $3,285,000

True Interest Cost of Equipment Schedule No. 27. The Municipal Advisor has informed the City that, assuming that the Estimated Principal Amount of Equipment Schedule No. 27, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the true interest cost of Equipment Schedule No. 27 is 3.814%.

Finance Charge of Equipment Schedule No. 27. The Municipal Advisor has informed the City that, assuming that the Estimated Principal Amount of Equipment Schedule No. 27, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the finance charge for Equipment Schedule No. 27, which means the sum of all fees and charges paid to third parties (or costs associated with Equipment Schedule No. 27), is $57,420.

Amount of Proceeds to be Received. The Municipal Advisor has informed the City that, assuming that the Estimated Principal Amount of Equipment Schedule No. 27, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the amount of proceeds expected to be received by the City for Equipment Schedule No. 27 is $3,227,580.

Total Payment Amount. The Municipal Advisor has informed the City that, assuming that the Estimated Principal Amount of Equipment Schedule No. 27, and based on market interest rates prevailing at the time of preparation of such 769
estimate, its good faith estimate of the total payment amount, which means the sum total of all payments the City will make to pay debt service on Equipment Schedule No. 27 is $3,927,180, which excludes any reserves or capitalized interest paid or funded with proceeds of Equipment Schedule No. 27 (which may offset such total payment amount).

The foregoing estimates constitute good faith estimates only as of December 1, 2022, and are based on market conditions prevailing at the time of preparation of such estimates. The actual principal amount of Equipment Schedule No. 27, the true interest cost thereof, the finance charges thereof, the amount of proceeds received therefrom and total payment amount with respect thereto may differ from such good faith estimates due to (a) the actual closing date of Equipment Schedule No. 27 being different than the date assumed for purposes of such estimates, (b) the actual principal amount of Equipment Schedule No. 27 being different from the Estimated Principal Amount, (c) the actual amortization of Equipment Schedule No. 27 being different than the amortization assumed for purposes of such estimates, (d) the actual interest rates at the time of funding of Equipment Schedule No. 27 being different than those estimated for purposes of such estimates, (e) other market conditions, or (f) alterations in the City’s financing plan, or a combination of such factors. The actual date of closing of Equipment Schedule No. 27 and the actual principal amount of Equipment Schedule No. 27 will be determined by the City based on the timing of the need for proceeds of the Equipment Schedule No. 27 and other factors. The actual interest rates borne by Equipment Schedule No. 27 will depend on interest rates at the time of closing thereof. The actual amortization of Equipment Schedule No. 27 will also depend, in part, on interest rates at the time of closing thereof. Market interest rates are affected by economic, national, international and other factors beyond the control of the City, or the Municipal Advisor.

COMMITTEE OUTCOME

The Finance and Governance Committee approved 3-0 on November 22, 2022, to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Betsy George, Chief Financial Officer

ATTACHMENTS

1. Oxnard Resolution - Eqpt Schedule No 27

2. Oxnard Master Lease Agreement (A7677)

3. Schedule of Property - Eqpt Schedule No. 27

4. Escrow Agreement - Eqpt Schedule No. 27

5. Presentation for CC - Eqpt Schedule No 27
770
RESOLUTION NO.________

AUTHORIZING RESOLUTION (LEASE)

A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF OXNARD,

CALIFORNIA, AUTHORIZING THE PURCHASE OF CERTAIN EQUIPMENT

AND AUTHORIZING THE EXECUTION AND DELIVERY OF SCHEDULE(S)

OF PROPERTY TO THE MASTER EQUIPMENT LEASE/PURCHASE

AGREEMENT FOR THE ACQUISITION , FINANCING AND LEASING OF

THAT CERTAIN EQUIPMENT FOR THE PUBLIC BENEFIT WITHIN THE TERMS PROVIDED HEREIN ; AUTHORIZING THE EXECUTION AND

DELIVERY OF OTHER DOCUMENT S REQUIRED IN CONNECTION
THEREWITH; AND AUTHORIZING THE TAKING OF ALL OTHER ACTIONS

NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS
CONTEMPLATED BY THIS RESOLUTION.

WHEREAS, the City of Oxnard (the “Lessee”), a City duly organized and existing as a political subdivision, municipal corporation or sim ilar public entity of the State of California is authorized by the laws of the State of California to acquire, finance and lease personal property (tangible and intangible) for the benefit of the Lessee and its inhabitants and to enter into contracts with respect thereto; and
WHEREAS, the governing body of the Lessee (the “City Council” ) has determined that a need exists for the acquisition, financing and leasing of certain equipment with a cost not to exceed $3,450,000 and consists of a ladder fire truck and the purchase and subsequent upfitting of chassis for battalion chief command vehicles, which constitutes personal property necessary for the Lessee to perform essential governmental functions (collectively, the “Equipment”) on the terms herein provided;
WHEREAS, the City has received a quote from South Coast Emergency Fire Equipment for the purchase of the ladder fire truck in the amount of $1,776,924 (the “South Coast Quote”); WHEREAS, the City has previously paid $397,548 for the purchase of eight (8) battalion chief command vehicles chassis through National Auto Fleet Group; WHEREAS, the City has received a quote from National Auto Fleet Group for the upfitting of eight (8) battalion chief command vehicles chassis in the amount of $1,053,109 (the “National Auto Quote”);
WHEREAS, the City Council has previously ap proved a resolution on October 4, 2022, detailing the City’s intention to use proceeds of tax-exempt indebtedness to reimburse the City for certain capital expenditures in connection with the Equipment prior to the issuance of one or more series of tax-exempt obligations;
WHEREAS, in order to reimburse the City for th e cost of acquiring such Equipment, the Lessee proposes to enter into those certain Schedule(s) of Property (the “Equipment Schedule(s)”) with Banc of America Public Capital Corp (or one of its affiliates), as lessor (the “Lessor”), 771
substantially in the proposed form presented to the City Council at this meeting, which Equipment Schedule incorporates by reference the terms a nd provisions of that certain Master Equipment Lease/Purchase Agreement dated as of Apr il 8, 2014, by and between Lessor and Lessee (the “Agreement”); and
WHEREAS, the City Council deems it for the benefit of the Lessee and for the efficient and effective administration thereof to enter into the Equipment Schedule and the other documentation relating to the acquisition, financ ing and leasing of the Equipment to be therein described on the terms and conditions therein and herein provided;
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the governing body of the Lessee as follows:

Section 1. Authorization to Purchase and Prepay. The Mayor, City Manager, or Chief Financial Officer are hereby authorized to execute a purchase order with South Coast Emergency Fire Equipment in the amount identified in the South Coast Quote for the prepayment and purchase of the ladder fire truck. In addition, the Mayor, City Manager, or Chief Financial Officer are hereby authorized to execute a purchase order with National Auto Fleet Group in the amount identified in the National Auto Quote for the upfitting of eight (8) battalion chief command vehicles chassis.

Section 2. Findings and Determinations. It is hereby found and determined that the terms of the Equipment Schedule(s) and the form of Rental Payment Schedule(s), in the form presented to the City Council at this meeting, ar e in the best interests of the Lessee for the acquisition financing and leasing of the Equipment.

Section 3. Approval of Documents . The form, terms and provisions of the Equipment Schedule(s) and Rental Payment Schedule(s) ar e hereby approved in s ubstantially the forms presented at this meeting, with such insertions , omissions and changes as shall be approved by City Manager or Chief Financial Officer of the Lessee or other members of the governing body of the Lessee (the “Authorized Officials”) executing the same, the execution of such documents being conclusive evidence of such approval. The Auth orized Officials are each hereby authorized and directed to sign and deliver on behalf of the Lessee the Equipment Schedule(s) under which a separate Lease (as defined in the Agreement) is created, the Rental Payment Schedule attached thereto, the Escrow Agreement and any related exhibits attached thereto.

Section 4. Other Actions Authorized . The officers and employees of the Lessee shall take all action necessary or reasonably required by the parties to the Lease to carry out, give effect to and consummate the transact ions contemplated thereby (inc luding the execution and delivery of a final Acceptance Certificate, the Escrow Agreement, Disbursement Requests and any tax certificate and agreement, as contemplated in the Agreement) and to take all action necessary in conformity therewith, including, without limitation, the execution and delivery of any closing and other documents required to be delivered in connection with the Lease.

Section 5. No General Liability . Nothing contained in this Resolution, the Lease, the Escrow Agreement nor any other instrument shall be construed with respect to the Lessee as incurring a pecuniary liability or charge upon the general credit of the Lessee or against its taxing power, nor shall the breach of any agreement contai ned in this Resolution, the Lease, the Escrow 772
Agreement or any other instrument or documen t executed in connection therewith impose any pecuniary liability upon the Lessee or any charge upon its general credit or against its taxing power, except to the extent that the Rental Payments payable under the Lease entered into pursuant to the Agreement are limited obligations of the Lessee, subj ect to annual appropria tion, as provided in the Agreement.

Section 6. Appointment of Au thorized Lessee Representatives. The City Manager and Chief Financial Officer of the Lessee are each hereby designated to act as authorized representatives of the Lessee for purposes of the Lease and the Escrow Agreement until such time as the governing body of the Lessee shall designate any other or different authorized representative for purposes of the Lease or the Escrow Agreement.

Section 7. Severability . If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or un enforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution.

Section 8. Repealer . All bylaws, orders and resolutions or parts thereof, inconsistent herewith, are hereby repealed to the extent only of such inconsistency with respect to this Resolution. This repealer shal l not be construed as reviving any bylaw, order, resolution or ordinance or part thereof.

Section 9. Effective Date . This Resolution shall be effective immediately upon its approval and adoption.

ADOPTED AND APPROVED by the governing body of the Lessee this 20th day of December, 2022.

City of Oxnard, CA
as lessee
[S
EAL]

____________________________________
John C. Zaragoza, Mayor
A
TTEST:

_______________________________
Rose Chaparro, City Clerk

APPROVED
AS TO FORM:

_______________________________
Stephen Fischer, City Attorney
773
The undersigned, a duly elected or appointed and acting City Clerk of the Lessee identified in the above Resolution No. ___ (the “Resolution”), hereby certifies that the Resolution is a full, true and correct copy of such Resolution as adopted by the governing body of the Lessee on December 20, 2022. The Resolution is in full force and effect on the date hereof and has not been amended, modified or otherwise changed by the governi ng body of the Lessee since the date of adoption of the Resolution.

DATED this ____ day of ____________, 20__.
_______________________________________
Name: _________________________________
Title: __________________________________

774

MASTER EQUIPMENT LEASE/PURCHASE AGREEMENT
This Master Equipment Lease/Purchase Agreement (the "Agreement") dated as of April 8, 2014, and entered into between Banc of America Public Capital Corp., a Kansas corporation ("Lessor"), and City of Oxnard, California, a municipal corporation existing under the laws of the State of California ("Lessee").

WITNESSETH:

WHEREAS, Lessee desires to lease and acquire from Lessor certain Equipment described in each Schedule (as each such term is defined herein), subject to the terms and conditions of and for the purposes set forth in each Lease; and in the event of a conflict the terms of a Schedule prevail; and
WHEREAS, the relationship between the parties shall be a continuing one and items of equipment may be added to the Equipment from time to time by execution of additional Schedules by the parties hereto and as otherwise provided herein; and WHEREAS, Lessee is authorized under the constitution and laws of the State to enter into this Agreement and the Schedules hereto for the purposes set forth herein; and Now, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, and in consideration of the premises hereinafter contained, the parties hereby agree as follows:

ARTICLE I
Section 1.01. Definitions. The following terms will have the meanings indicated below unless the context clearly requires otherwise:
"Acquisition Amount" means the amount specified in each Lease and represented by Lessee to be sufficient to acquire the Equipment listed in such Lease. "Acquisition Fund" means, with respect to any Lease, the fund established and held by the Acquisition Fund Custodian pursuant to the related Acquisition Fund Agreement, if any. "Acquisition Fund Agreement" means, with respect to any Lease, an Acquisition Fund and Account Control Agreement, substantially in the form of Exhibit A attached hereto, in form and substance acceptable to and executed by Lessee, Lessor and the Acquisition Fund Custodian, pursuant to which an Acquisition Fund is established and administered. "Acquisition Fund Custodian" means the Acquisition Fund Custodian identified in any Acquisition Fund Agreement, and its successors and assigns. "Acquisition Period" means, with respect to each Lease, that period stated in the Schedule to such Lease during which the Lease Proceeds attributable to such Lease may be expended on Equipment Costs.
6 DATE:' GENOA#
775
"Agreement" means this Master Equipment Lease/Purchase Agreement, including the exhibits hereto, together with any amendments and modifications to the Agreement pursuant to Section 13.05.
"Code" means the Internal Revenue Code of 1986, as amended. Each reference to a Section of the Code herein shall be deemed to include the United States Treasury Regulations proposed or in effect thereunder.
"Commencement Date" means, for each Lease, the date when Lessee's obligation to pay rent commences under such Lease, which date shall be the earlier of (i) the date on which the Equipment listed in such Lease is accepted by Lessee in the manner described in Section 5.01, and (ii) the date on which sufficient moneys to purchase the Equipment listed in such Lease are deposited for that purpose with an Acquisition Fund Custodian. "Contract Rate" means the rate identified as such in the applicable Schedule. "Equipment" means the property listed in each of the Leases and all replacements, repairs, restorations, modifications and improvements thereof or thereto made pursuant to Section 8.01 or Article V. Whenever reference is made in this Agreement to Equipment listed in a Lease, such reference shall be deemed to include all such replacements, repairs, restorations, modifications and improvements of or to such Equipment. "Equipment Costs" means the total cost of the Equipment listed in each Lease, including soft costs such as freight, installation and taxes paid up front by Lessor and all capitalizable consulting and training fees approved by Lessor, legal fees, financing costs, and other costs necessary to vest full, clear legal title to the Equipment in Lessee, subject to the security interest granted to and retained by Lessor as set forth in each Lease, and otherwise incurred in connection with the financing provided by the lease-purchase of the Equipment as provided in each Lease; provided that (i) any such soft costs on a cumulative basis shall not exceed a percentage of the Maximum Equipment Cost approved by Lessor and (ii) in no event shall capitalizable delivery charges, installation charges, taxes and similar capitalizable soft costs relating to such Equipment be included without Lessor's prior consent. "Event of Default" means an Event of Default described in Section 12.01. "Lease" means a Schedule and the terms of this Agreement which are incorporated by reference into such Schedule. Each Schedule shall constitute a separate and independent Lease. "Lease Proceeds" means, with respect to each Lease, the total amount of money to be paid by Lessor to the Acquisition Fund Custodian for deposit and application in accordance with such Lease and the Acquisition Fund Agreement.
"Lease Term" for each Lease means the Original Term and all Renewal Terms therein provided and for this Agreement means the period from the date hereof until this Agreement is terminated.
"Lessee" means the entity referred to as Lessee in the first paragraph of this Agreement. 776
"Lessor" means (a) the entity referred to as Lessor in the first paragraph of this Agree­ ment or (b) any assignee or transferee of any right, title or interest of Lessor in and to the Equipment under a Lease or any Lease (including Rental Payments thereunder) pursuant to Section 11.01, but does not include any entity solely by reason of that entity retaining or assuming any obligation of Lessor to perform under a Lease. "Material Adverse Change" means (a) prior to the Utilization Period Expiration, a downgrade in Lessee's external debt rating of two or more subgrades by either Moody's Investors Service, Inc, or Standard & Poor' s Ratings Group or any equivalent successor credit rating agency, or any downgrade by either such agency that would cause Lessee's credit rating to be below investment grade, and (b) thereafter, any change in Lessee's creditworthiness that could have a material adverse effect on (i) the financial condition or operations of Lessee and its subsidiaries taken as a whole, or (ii) Lessee's ability to perform its obligations under this Agreement or any Lease.
..
"Maximum Equipment Cost" means the cumulative amount specified m the latest Schedule executed under this Agreement.
"Original Term" means the period from the Commencement Date for each Lease until the end of the fiscal year of Lessee in effect at such Commencement Date. "Purchase Price" means, with respect to the Equipment listed on a Lease, the amount that Lessee may pay to Lessor to purchase such Equipment as provided in such Lease. "Renewal Terms" means the renewal terms of each Lease, each having a duration of one year and a term coextensive with Lessee's fiscal year, as specified in the Schedule applicable thereto.
"Rental Payments" means the basic rental payments payable by Lessee under each Lease pursuant to Section 4.01, in each case consisting of a principal component and an interest component.
"Schedule" means each separately numbered Schedule of Property substantially in the form of Exhibit B-1 hereto together with a Rental Payment Schedule attached thereto substantially in the form of Exhibit B-2 hereto.
"State" means the State of California.
"Utilization Period Expiration" means the date, with respect to each Lease not funded under an Acquisition Fund Agreement, by which Lessee must deliver an Acceptance Certificate for the Equipment under such Lease as indicated in Section 3. 04(b ). "Vendor" means the manufacturer or supplier of the Equipment or any other person as well as the agents or dealers of the manufacturer or supplier with whom Lessor arranged Lessee's acquisition and financing of the Equipment pursuant to the applicable Lease. 777

ARTICLE II
Section 2. 0 I. Representations and Covenants of Lessee. Lessee represents, covenants and warrants for the benefit of Lessor on the date hereof and as of the Commencement Date of each Lease as follows:
(a) Lessee is a political subdivision of the State within the meaning of Section 103(c) of the Code, duly organized and existing under the constitution and laws of the State, with full power and authority to enter into this Agreement and each Lease and the transactions contemplated hereby and to perform all of its obligations hereunder and under each Lease. (b) Lessee has duly authorized the execution and delivery of this Agreement and each Lease by proper action of its governing body at a meeting duly called, regularly convened and attended throughout by the requisite quorum of the members thereof, or by other appropriate official approval, and all requirements have been met and procedures have occurred in order to ensure the validity and enforceability of this Agreement and each Lease. (c) No event or condition that constitutes, or with the giving of notice or the lapse of time or both would constitute, an Event of Default exists at the date hereof. ( d) Lessee will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a body corporate and politic. ( e) Lessee has complied with such public bidding requirements as may be applicable to this Agreement and each Lease and the acquisition by Lessee of the Equipment as provided in each Lease.
(f) During the Lease Term, the Equipment will be used by Lessee only for the purpose of performing essential governmental or proprietary functions of Lessee consistent with the permissible scope of Lessee's authority. Lessee does not intend to sell or otherwise dispose of the Equipment or any interest therein prior to the last Rental Payment (including all Renewal Terms) scheduled to be paid under each Lease.
(g) Lessee has kept, and throughout the Lease Term of any Lease shall keep, its books and records in accordance with generally accepted accounting principles and practices consistently applied, and shall deliver to Lessor (i) annual audited financial statements (including (1) a balance sheet, (2) statement of revenues, expenses and changes in fund balances for budget and actual, (3) statement of cash flows and notes, and (4) schedules and attachments to the financial statements) within 270 days of its fiscal year end, (ii) such other financial statements and information as Lessor may reasonably request, and (iii) its annual budget for the following fiscal year when approved but not later than 30 days prior to its current fiscal year end. The financial statements described in subsection (i) shall be accompanied by an unqualified opinion of Lessee's auditor. Credit information relating to Lessee may be disseminated among Lessor and any of its affiliates and any of their respective successors and assigns. (h) Lessee has an immediate need for the Equipment listed on each Schedule and expects to make immediate use of the Equipment listed on each Schedule. Lessee's need for the 778
Equipment is not temporary and Lessee does not expect the need for any item of the Equipment to diminish during the Lease Term to such item.
(i) The payment of the Rental Payments or any portion thereof is not (under the terms of any Lease or any underlying arrangement) directly or indirectly (x) secured by any interest in property used or to be used in any activity carried on by any person other than a state or local governmental unit or payments in respect of such property; or (y) on a present value basis, derived from payments (whether or not to Lessee) in respect of property, or borrowed money, used or to be used in any activity carried on by any person other than a state or local governmental unit. The Equipment will not be used, directly or indirectly, in any activity carried on by any person other than a state or local governmental unit. No portion of the Equipment Costs for the Equipment will be used, directly or indirectly, to make or finance loans to any person other than Lessee. Lessee has not entered into any management or other service contract with respect to the use and operation of the Equipment. (i) There is no pending litigation, tax claim, proceeding or dispute that may adversely affect Lessee's financial condition or impairs its ability to perform its obligations hereunder.

Lessee will, at its expense, maintain its legal existence in good standing and do any further act and execute, acknowledge, deliver, file, register and record any further documents Lessor may reasonably request in order to protect Lessor's security interest in the Equipment and Lessor's rights and benefits under this Lease.

ARTICLE Ill
Section 3.01. Lease of Equipment. Subject to the terms of this Master Lease, Lessor agrees to provide the funds specified in each Lease to be provided by it to acquire the Equipment, up to an amount equal to the Maximum Equipment Cost. Upon the execution of each Lease, Lessor demises, leases, transfers and lets to Lessee, and Lessee acquires, rents and leases from Lessor, the Equipment as set forth in such Lease and in accordance with the terms thereof. The Lease Term for each Lease may be continued, solely at the option of Lessee, at the end of the Original Term or any Renewal Term for the next succeeding Renewal Term up to the maximum Lease Term set forth in such Lease. At the end of the Original Term and at the end of each Renewal Term until the maximum Lease Term has been completed, Lessee shall be deemed to have exercised its option to continue each Lease for the next Renewal Term unless Lessee shall have terminated such Lease pursuant to Section 3.03 or Section 10.01. The terms and conditions during any Renewal Term shall be the same as the terms and conditions during the Original Term, except that the Rental Payments shall be as provided in the applicable Lease.

Section 3. 02. Continuation of Lease Term. Lessee intends, subject to Section 3.03, to continue the Lease Term of each Lease through the Original Term and all Renewal Terms and to pay the Rental Payments thereunder. Lessee affirms that sufficient funds are available for the current fiscal year, and Lessee reasonably believes that an amount sufficient to make all Rental Payments during the entire Lease Term of each Lease can be obtained from legally available funds of Lessee. Lessee further intends to do all things lawfully within its power to obtain and maintain funds sufficient and available to discharge its obligation to make Rental Payments due hereunder, including making provision for such payments to the extent necessary in each budget or appropriation request submitted and adopted in accordance with applicable provisions of law, 779
to have such portion of the budget or appropriation request approved and to exhaust all available reviews and appeals in the event such portion of the budget or appropriation request is not approved.

Section 3. 03. Nonappropriation. Lessee is obligated only to pay such Rental Payments under each Lease as may lawfully be made from funds budgeted and appropriated for that purpose during Lessee's then current fiscal year. Should Lessee fail to budget, appropriate or otherwise make available funds to pay Rental Payments under any Lease following the then current Original Term or Renewal Term, such Lease or Leases shall be deemed terminated at the end of the then current Original Term or Renewal Term. Lessee agrees to deliver notice to Lessor of such termination promptly after any decision to non-appropriate is made, but failure to give such notice shall not extend the term beyond such Original Term or Renewal Term. If any Lease is terminated in accordance with this Section, Lessee agrees to peaceably deliver the Equipment to Lessor at the location(s) to be specified by Lessor.

Section 3.04. Conditions to Lessor's Performance.
(a) As a prerequisite to the performance by Lessor of any of its obligations pursuant to any Lease, Lessee shall deliver to Lessor the following:
(i) A fully completed Schedule, executed by Lessee;
(ii) An Acquisition Fund Agreement, executed by Lessee and the Acquisition Fund Custodian, unless Lessor pays 100% of the Acquisition Amount directly to the Vendor upon execution of the Lease;
(iii) A Certificate executed by the Clerk or Secretary or other comparable officer of Lessee, in substantially the form attached hereto as Exhibit C, completed to the satisfaction of Lessor;
(iv) A certified copy of a resolution, ordinance or other official action of Lessee's governing body authorizing the execution and delivery of this Lease and performance by Lessee of its obligations hereunder;
(v) An opinion of counsel to Lessee in substantially the form attached hereto as Exhibit D respecting such Lease and otherwise satisfactory to Lessor; (vi) Evidence of insurance as required by Section 7.02 hereof; (vii) All documents, including financing statements, affidavits, notices and similar instruments, in form satisfactory to Lessor, which Lessor deems necessary or appropriate at that time pursuant to Section 6.02;
(viii) A copy of a fully completed and executed Form 8038-G; (ix) If any Equipment units are motor vehicles, properly completed certificates of title for such vehicles; and
780
(x) Such other items, if any, as are set forth in such Lease or are reasonably required by Lessor.
(b) In addition, the performance by Lessor of any of its obligations pursuant to any Lease shall be subject to: (i) no material adverse change in the financial condition of Lessee since the date of this Lease, (ii) no Event of Default having occurred, and (iii) if no Acquisition Fund has been established, the Equipment must be accepted by Lessee no later than the date listed as the Utilization Period Expiration in the applicable Schedule. ( c) Subject to satisfaction of the foregoing, Lessor will pay the Acquisition Amount for Equipment described in a Schedule to the Vendor or, if authorized by Lessee's governing body, will reimburse Lessee for the prior payment of any such Acquisition Amounts by Lessee to the Vendor, upon receipt of the documents described in Sections 5.0l(a) and (b); or if an Acquisition Fund has been established pursuant to an Acquisition Fund Agreement, Lessor will deposit the Acquisition Amount for Equipment described in the Schedule with the Acquisition Fund Custodian.
( d) This Agreement is not a commitment by Lessor to enter into any Lease not currently in existence, and nothing in this Agreement shall be construed to impose any obligation upon Lessor to enter into any proposed Lease, it being understood that whether Lessor enters into any proposed Lease shall be a decision solely within Lessor's discretion. ( e) Lessee will cooperate with Lessor in Lessor's review of any proposed Lease.

Without limiting the foregoing, Lessee will provide Lessor with any documentation or information Lessor may request in connection with Lessor's review of any proposed Lease.

Such documentation may include, without limitation, documentation concerning the Equipment and its contemplated use and location and documentation or information concerning the financial status of Lessee and other matters related to Lessee.

ARTICLE IV
Section 4. 01. Rental Payments. Subject to Section 3.03, Lessee shall promptly pay Rental Payments, in lawful money of the United States of America, to Lessor on the dates and in such amounts as provided in each Lease. Lessee shall pay Lessor a charge on any Rental Payment not paid on the date such payment is due at a rate equal to the Contract Rate plus 5% per annum or the maximum amount permitted by law, whichever is less, from such date. Lessee shall not permit the federal government to guarantee any Rental Payments under any Lease.

Rental Payments consist of principal and interest payments as more fully detailed on each Schedule, the interest on which begins to accrue as of the Commencement Date for each such Schedule.

Section 4. 02. Interest and Principal Components. A portion of each Rental Payment is paid as, and represents payment of, interest, and the Balance of each Rental Payment is paid as, and represents payment of, principal. Each Lease shall set forth the principal and interest components of each Rental Payment payable thereunder during the Lease Term.

Section 4. 03. Rental Payments to Constitute a Current Expense of Lessee. Lessor and Lessee understand and intend that the obligation of Lessee to pay Rental Payments under each 781
Lease shall constitute a current expense of Lessee payable solely from its general fund or other funds that are legally available for that purpose and shall not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional or statutory limitation or requirement concerning the creation of indebtedness by Lessee, nor shall anything contained herein or in a Lease constitute a pledge of the general tax revenues, funds or moneys of Lessee.

Section 4.04. Rental Payments to be Unconditional. Except as provided in Section 3.03, the obligations of Lessee to make Rental Payments and to perform and observe the other covenants and agreements contained in each Lease shall be absolute and unconditional in all events without abatement, diminution, deduction, set-off or defense, for any reason, including without limitation any failure of the Equipment, after it has been accepted by Lessee, any defects, malfunctions, breakdowns or infirmities in the Equipment or any accident, condemnation or unforeseen circumstances.

Section 4. 05. Tax Covenants.
(a) Lessee agrees that it will not take any action that would cause the interest component of Rental Payments to be or to become ineligible for the exclusion from gross income of the owner or owners thereof for federal income tax purposes, nor will it omit to take or cause to be taken, in timely manner, any action, which omission would cause the interest component of Rental Payments to be or to become ineligible for the exclusion from gross income of the owner or owners thereof for federal income tax purposes.
(b) In the event that Lessee does not spend the moneys in the Acquisition Fund within six (6) months of the date the deposit is made pursuant to Section 3.04(c), Lessee will, ifrequired by section 148(f) of the Code to pay rebate: (i) establish a Rebate Account and deposit the Rebate Amount (as defined in Section 1.148-3(b) of the Federal Income Tax Regulations) not less frequently than once per year after the applicable Commencement Date; and (ii) rebate to the United States, not less frequently than once every five (5) years after the applicable Commencement Date, an amount equal to at least 90% of the Rebate Amount and within 60 days after payment of all Rental Payments or the Purchase Price as provided in Section 10.0l(a) hereof, 100% of the Rebate Amount, as required by the Code and any regulations promulgated thereunder. Lessee shall determine the Rebate Amount, if any, at least every year and upon payment of all Rental Payments or the Purchase Price and shall maintain such determination, together with any supporting documentation required to calculate the Rebate Amount, until six ( 6) years after the date of the final payment of the Rental Payments or the Purchase Price.

Section 4. 06. Event of Taxability. Upon the occurrence of an Event of Taxability, the interest component shall be at a Taxable Rate retroactive to the date as of which the interest component is determined by the Internal Revenue Service to be includible in the gross income of the owner or owners thereof for federal income tax purposes, and Lessee will pay such additional amount as will result in the owner receiving the interest component at the Taxable Rate identified in the related Lease.

For purposes of this Section, "Event of Taxability" means a determination that the interest component is includible for federal income tax purposes in the gross income of the owner thereof due to Lessee's action or failure to take any action. 782
Section 4. 07. Mandatory Prepayment. If the Lease Proceeds are deposited into an Acquisition Fund, any funds remaining in the Acquisition Fund on or after the Acquisition Period and not applied to Equipment Costs, shall be applied by Lessor on the next Rental Payment date, pro rata to the prepayment of the principal component of the outstanding Rental Payments due under the applicable Schedule.

ARTICLEV
Section 5.01. Delivery, Installation and Acceptance of Equipment. (a) Lessee shall order the Equipment, cause the Equipment to be delivered and installed at the location specified in the Leases and pay any and all delivery and installation costs and other Equipment Costs in connection therewith. When the Equipment listed in any Lease has been delivered and installed, Lessee shall promptly accept such Equipment and evidence said acceptance by executing and delivering to Lessor an Acceptance Certificate in the form attached hereto as Exhibit E.
(b) Lessee shall deliver to Lessor original invoices and bills of sale (if title to such Equipment has passed to Lessee) relating to each item of Equipment accepted by Lessee. With respect to Equipment not purchased through an Acquisition Fund, Lessor shall, upon receipt of an Acceptance Certificate from Lessee, prepare a Schedule of Property and Rental Payment Schedule in the forms attached hereto as Exhibits B-1 and B-2. Lessee shall execute and deliver such Schedules to Lessor within 5 business days of receipt.

Section 5. 02. Quiet Enjoyment of Equipment. So long as Lessee is not in default under the related Lease, neither Lessor nor any entity claiming by, through or under Lessor, shall interfere with Lessee's quiet use and enjoyment of the Equipment during the Lease Term.

Section 5. 03. Location; Inspection. Once installed, no item of the Equipment will be relocated from the base location specified for it in the Lease on which such item is listed without Lessor's consent, which consent shall not be unreasonably withheld. Lessor shall have the right at all reasonable times during regular business hours to enter into and upon the property of Lessee for the purpose of inspecting the Equipment.

Section 5. 04. Use and Maintenance of the Equipment. Lessee will not install, use, operate, or maintain the Equipment improperly, carelessly, in violation of any applicable law or in a manner contrary to that contemplated by the related Lease. Lessee shall provide all permits and licenses, if any, necessary for the installation and operation of the Equipment. In addition, Lessee agrees to comply in all respects with all applicable laws, regulations and rulings of any legislative, executive, administrative, or judicial body; provided that Lessee may contest in good faith the validity or application of any such law, regulation or ruling in any reasonable manner that does not, in the opinion of Lessor, adversely affect the interest (including the reversionary interest) of Lessor in and to the Equipment or its interest or rights under the Lease.

Lessee agrees that it will maintain, preserve, and keep the Equipment in good repair and working order, in a condition comparable to that recommended by the manufacturer. Lessor shall have no responsibility to maintain, repair or make improvements or additions to the Equipment. In all cases, Lessee agrees to pay any costs necessary for the manufacturer to re- 783
certify the Equipment as eligible for manufacturer's maintenance upon the return of the Equipment to Lessor as provided for herein.

Lessee shall not alter any item of Equipment or install any accessory, equipment or device on an item of Equipment if that would impair any applicable warranty, the originally intended function or the value of that Equipment. All repairs, parts, accessories, equipment and devices furnished, affixed to or installed on any Equipment, excluding temporary replacements, shall thereupon become subject to the security interest of Lessor.

ARTICLE VI
Section 6.01. Title to the Equipment. During each Lease Term, and so long as Lessee is not in default under Article XII hereof, all right, title and interest in and to each item of the Equipment shall be vested in Lessee immediately upon its acceptance of each item of Equipment, subject to the terms and conditions of the applicable Lease. Lessee shall at all times protect and defend, at its own cost and expense, its title in and to the Equipment from and against all claims, liens and legal processes of its creditors, and keep all Equipment free and clear of all such claims, liens and processes. Upon the occurrence of an Event of Default or upon termination of a Lease pursuant to Section 3.03 hereof, full and unencumbered legal title to the Equipment shall pass to Lessor, and Lessee shall have no further interest therein. In addition, upon the occurrence of such an Event of Default or such termination, Lessee shall execute and deliver to Lessor such documents as Lessor may request to evidence the passage of such legal title to Lessor and the termination of Lessee's interest therein, and upon request by Lessor shall deliver possession of the Equipment to Lessor in accordance with Section 12.02. Upon purchase of the Equipment under a Lease by Lessee pursuant to Section 10.01, Lessor's security interest or other interest in the Equipment shall terminate, and Lessor shall execute and deliver to Lessee such documents as Lessee may request to evidence the termination of Lessor's security interest in the Equipment subject to the related Lease.

Section 6. 02. Security Interest. To secure the payment of all of Lessee's obligations under each Lease, upon the execution of such Lease, Lessee grants to Lessor a security interest constituting a first lien on (a) the Equipment applicable to such Lease, (b) moneys and invest­ ments held from time to time in the Acquisition Fund and ( c) any and all proceeds of any of the foregoing. Lessee agrees to execute and authorizes Lessor to file such notices of assignment, chattel mortgages, financing statements and other documents, in form satisfactory to Lessor, which Lessor deems necessary or appropriate to establish and maintain Lessor's security interest in the Equipment, the Acquisition Fund and the proceeds thereof.

Section 6. 03. Personal Property. The Equipment is and will remain personal property and will not be deemed to be affixed to or a part of the real estate on which it may be situated, notwithstanding that the Equipment or any part thereof may be or hereafter become in any manner physically affixed or attached to real estate or any building thereon. Upon the request of Lessor, Lessee will, at Lessee's expense, furnish a waiver of any interest in the Equipment from any party having an interest in any such real estate or building. 784

ARTICLE VII
Section 7. OJ. Liens, Taxes, Other Governmental Charges and Utility Charges. Lessee shall keep the Equipment free of all levies, liens, and encumbrances except those created by each Lease. The parties to this Agreement contemplate that the Equipment will be used for a govern­ mental or proprietary purpose of Lessee and that the Equipment will therefore be exempt from all property taxes. If the use, possession or acquisition of any Equipment is nevertheless determined to be subject to taxation, Lessee shall pay when due all taxes and governmental charges lawfully assessed or levied against or with respect to such Equipment. Lessee shall pay all utility and other charges incurred in the use and maintenance of the Equipment. Lessee shall pay such taxes or charges as the same may become due; provided that, with respect to any such taxes or charges that may lawfully be paid in installments over a period of years, Lessee shall be obligated to pay only such installments as accrue during each Lease Term.

Section 7.02. Insurance. Lessee shall during each Lease Term maintain or cause to be maintained (a) casualty insurance naming Lessor and its assigns as loss payee and insuring the Equipment against loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State, and any other risks reasonably required by Lessor, in an amount at least equal to the then applicable Purchase Price of the Equipment; (b) liability insurance naming Lessor as additional insured that protects Lessor from liability in all events in form and amount satisfactory to Lessor; and (c) worker's compensation coverage as required by the laws of the State; provided that, with Lessor's prior written consent, Lessee may self-insure against the risks described in clause (a). Lessee shall furnish to Lessor evidence of such insurance or self-insurance coverage throughout each Lease Term. Lessee shall not cancel or modify such insurance or self-insurance coverage in any way that would affect the interests of Lessor without first giving written notice thereof to Lessor at least 30 days in advance of such cancellation or modification.

Section 7. 03. Risk of Loss. Whether or not covered by insurance or self-insurance, Lessee hereby assumes all risk of loss of, or damage to and liability related to injury or damage to any persons or property arising from the Equipment from any cause whatsoever, and no such loss of or damage to or liability arising from the Equipment shall relieve Lessee of the obligation to make the Rental Payments or to perform any other obligation under this Lease. Whether or not covered by insurance or self-insurance, Lessee hereby agrees to reimburse Lessor (to the fullest extent permitted by applicable law, but only from legally available funds) for any and all liabilities, obligations, losses, costs, claims, taxes or damages suffered or incurred by Lessor, regardless of the cause thereof and all expenses incurred in connection therewith (including, without limitation, counsel fees and expenses, and penalties connected therewith imposed on interest received) arising out of or as a result of (a) entering into of this Agreement or any of the transactions contemplated hereby, (b) the ordering, acquisition, ownership use, operation, condition, purchase, delivery, acceptance, rejection, storage or return of any item the Equipment, ( c) any accident in connection with the operation, use, condition, possession, storage or return of any item of the Equipment resulting in damage to property or injury to or death to any person, and/or ( d) the breach of any covenant of Lessee in connection with a Lease or any material misrepresentation provided by Lessee in connection with a Lease. The provisions of this paragraph shall continue in full force and effect notwithstanding the full payment of all 785
obligations under all Leases or the termination of the Lease Term under any Lease for any reason.

Section 7. 04. Advances, In the event Lessee shall fail to keep the Equipment in good repair and working order, Lessor may, but shall be under no obligation to, maintain and repair the Equipment and pay the cost thereof. All amounts so advanced by Lessor shall constitute additional rent for the then current Original Term or Renewal Term and Lessee covenants and agrees to pay such amounts so advanced by Lessor with interest thereon from the due date until paid at a rate equal to the Contract Rate plus 5% per annum or the maximum amount permitted by law, whichever is less.

ARTICLE VIII
Section 8.01. Damage, Destruction and Condemnation. Unless Lessee shall have exercised its option to purchase the Equipment by making payment of the Purchase Price as provided in the related Lease, if, prior to the termination of the applicable Lease Term, (a) the Equipment or any portion thereof is destroyed, in whole or in part, or is damaged by fire or other casualty or (b) title to, or the temporary use of, the Equipment or any part thereof shall be taken under the exercise or threat of the power of eminent domain by any governmental body or by any person, firm or corporation acting pursuant to governmental authority, Lessee and Lessor will cause the Net Proceeds of any insurance claim or condemnation award or sale under threat of condemnation to be applied to the prompt replacement, repair, restoration, modification or improvement of the Equipment. Any balance of the Net Proceeds remaining after such work has been completed shall be paid to Lessee.

If Lessee elects to replace any item of the Equipment (the "Replaced Equipment") pursuant to this Section, the replacement equipment (the "Replacement Equipment") shall be of similar type, utility and condition to the Replaced Equipment and shall be of equal or greater value than the Replaced Equipment. Lessor shall receive a first priority security interest in any such Replacement Equipment. Lessee shall represent, warrant and covenant to Lessor that each item of Replacement Equipment is free and clear of all claims, liens, security interests and encumbrances, excepting only those liens created by or through Lessor, and shall provide to Lessor any and all documents as Lessor may reasonably request in connection with the replacement, including, but not limited to, documentation in form and substance satisfactory to Lessor evidencing Lessor's security interest in the Replacement Equipment. Lessor and Lessee hereby acknowledge and agree that any Replacement Equipment acquired pursuant to this paragraph shall constitute "Equipment" for purposes of this Agreement and the related Lease.

Lessee shall complete the documentation of Replacement Equipment on or before the next Rental Payment date after the occurrence of a casualty event, or be required to exercise the Purchase Option with respect to the damaged equipment.

For purposes of this Article, the term "Net Proceeds" shall mean the amount remaining from the gross proceeds of any insurance claim or condemnation award or sale under threat of condemnation after deducting all expenses, including attorneys' fees, incurred in the collection thereof.
786
Section 8. 02. Insufficiency of Net Proceeds. If the Net Proceeds are insufficient to pay in full the cost of any repair, restoration, modification or improvement referred to in Section 8.01, Lessee shall either (a) complete such replacement, repair, restoration, modification or improvement and pay any costs thereof in excess of the amount of the Net Proceeds, or (b) pay or cause to be paid to Lessor the amount of the then applicable Purchase Price for the Equipment, and, upon such payment, the applicable Lease Term shall terminate and Lessor's security interest in the Equipment shall terminate as provided in Section 6.01 hereof. The amount of the Net Proceeds, if any, remaining after completing such repair, restoration, modification or improvement or after purchasing such Equipment and such other Equipment shall be retained by Lessee. If Lessee shall make any payments pursuant to this Section, Lessee shall not be entitled to any reimbursement therefor from Lessor nor shall Lessee be entitled to any diminution of the amounts payable under Article IV.

ARTICLE IX
Section 9. 01. Disclaimer of Warranties. Lessor makes no warranty or representation, either express or implied, as to the value, design, condition, merchantability or fitness for particular purpose or fitness for use of the Equipment, or any other warranty or representation, express or implied, with respect thereto and, as to Lessor, Lessee's acquisition of the Equipment shall be on an "as is" basis. In no event shall Lessor be liable for any incidental, indirect, special or consequential damage in connection with or arising out of this Agreement, any Lease, the Equipment or the existence, furnishing, functioning or Lessee's use of any item, product or service provided for in this Agreement or any Lease.

Section 9. 02. Vendor's Warranties. Lessor hereby irrevocably appoints Lessee its agent and attorney-in-fact during each Lease Term, so long as Lessee shall not be in default under the related Lease, to assert from time to time whatever claims and rights (including without limitation warranties) relating to the Equipment that Lessor may have against Vendor. Lessee's sole remedy for the breach of such warranty, indemnification or representation shall be against Vendor of the Equipment, and not against Lessor. Any such matter shall not have any effect whatsoever on the rights and obligations of Lessor with respect to any Lease, including the right to receive full and timely payments under a Lease. Lessee expressly acknowledges that Lessor makes, and has made, no representations or warranties whatsoever as to the existence or the availability of such warranties relating to the Equipment.

ARTICLEX
Section 10.01. Purchase Option. Lessee shall have the option to purchase all of the Equipment listed in a Lease, at the following times and upon the following terms:
(a) From and after the date specified in the related Schedule (the "Purchase Option Commencement Date"), on the Rental Payment dates specified in each Lease, upon not less than 30 days' prior written notice, and upon payment in full of the Rental Payments then due under such Lease plus the then applicable Purchase Price, which may include a prepayment premium on the unpaid balance as set forth in the applicable Schedule; or 787
(b) In the event of substantial damage to or destruction or condemnation of substantially all of the Equipment listed in a Lease, on the day specified in Lessee's notice to Lessor of its exercise of the purchase option (which shall be the earlier of the next Rental Payment date or 60 days after the casualty event) upon payment in full to Lessor of the Rental Payments then due under such Lease plus the then applicable Purchase Price; or ( c) Upon the expiration of the Lease Term, upon payment in full of all Rental Payments then due and all other amounts then owing under the Lease, and the payment of $1. 00 to Lessor.

After payment of the applicable Purchase Price, Lessee will own the related Equipment, and Lessor's security interests in and to such Equipment will be terminated.

ARTICLE XI
Section 11.01. Assignment by Lessor.
(a) Lessor's right, title and interest in and to Rental Payments and any other amounts payable by Lessee under any and all of the Leases, its security interest in the Equipment subject to each such Lease, and all proceeds therefrom may be assigned and reassigned in whole or in part to one or more assignees or subassignees by Lessor, without the necessity of obtaining the consent of Lessee; provided, that any such assignment, transfer or conveyance to a trustee for the benefit of owners of certificates of participation shall be made in a manner that conforms to any applicable State law. Nothing in this Section 11.01 shall be construed, however, to prevent Lessor from executing any such assignment, transfer or conveyance that does not involve funding through the use of certificates of participation within the meaning of applicable State law, including any such assignment, transfer or conveyance as part of a multiple asset pool to a partnership or trust; provided such certificates are sold only on a private placement basis ( and not pursuant to any "public offering") to a purchaser(s) who represent that (i) such purchaser has sufficient knowledge and experience in financial and business matters to be able to evaluate the risks and merits of the investment, (ii) such purchaser understands neither the Lease nor certificates will be registered under the Securities Act of 1933, (iii) such purchaser is either an "accredited investor" within the meaning of Regulation D under the Securities Act of 1933, or a qualified institutional buyer within the meaning of Rule 144A, and (iv) it is the intention of such purchaser to acquire such certificates (A) for investment for its own account or (B) for resale in a transaction exempt from registration under the Securities Act of 193 3; provided further, that in any event, Lessee shall not be required to make Rental Payments, to send notices or to otherwise deal with respect to matters arising under a Lease with or to more than one individual or entity. (b) Unless to an affiliate controlling, controlled by or under common control with Lessor, no assignment, transfer or conveyance permitted by this Section 11.01 shall be effective until Lessee shall have received a written notice of assignment that discloses the name and address of each such assignee; provided, that if such assignment is made to a bank or trust company as trustee or paying agent for owners of certificates of participation, trust certificates or partnership interests with respect to the Rental Payments payable under a Lease, it shall thereafter be sufficient that Lessee receives notice of the name and address of the bank or trust company as trustee or paying agent. During each Lease Term, Lessee shall keep, or cause to be 788
kept, a complete and accurate record of all such assignments in form necessary to comply with Section 149 of the Code. Lessee shall retain all such notices as a register of all assignees and shall make all payments to the assignee or assignees designated in such register. Lessee shall not have the right to and shall not assert against any assignee any claim, counterclaim or other right Lessee may have against Lessor or the Vendor. Assignments in part may include without limitation assignment of all of Lessor's security interest in and to the Equipment listed in a particular Lease and all rights in, to and under the Lease related to such Equipment. The option granted in this Section may be separately exercised from time to time with respect to the Equipment listed in each Lease, but such option does not permit the assignment of less than all of Lessor's interests in the Equipment listed in a single Lease. ( c) If Lessor notifies Lessee of its intent to assign the Lease, Lessee agrees that it shall execute and deliver to Lessor a Notice and Acknowledgement of Assignment substantially in the form of Exhibit F attached to this Lease within five (5) business days after its receipt of such request.

Section 11.02. Assignment and Subleasing by Lessee. None of Lessee's right, title, and interest in, to and under any Lease or any portion of the Equipment may be assigned or encum­ bered by Lessee for any reason.

ARTICLE XII
Section 12. 0 I. Events of Default Defined. Any of the following events shall constitute an "Event of Default" under a Lease:
(a) Failure by Lessee to pay any Rental Payment or other payment required to be paid under any Lease within 10 days of the date when due as specified herein; (b) Failure by Lessee to observe and perform any covenant, condition or agreement on its part to be observed or performed, other than as referred to in subparagraph (a) above, for a period of 30 days after written notice specifying such failure and requesting that it be remedied is given to Lessee by Lessor, unless Lessor shall agree in writing to an extension of such time prior to its expiration; provided that, if the failure stated in the notice cannot be corrected within the applicable period, Lessor will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by Lessee within the applicable period and diligently pursued until the default is corrected;
( c) Any statement, representation or warranty made by Lessee in or pursuant to any Lease or its execution, delivery or performance shall prove to have been false, incorrect, misleading, or breached in any material respect on the date when made; (d) Any default occurs under any other agreement for borrowing money, lease financing of property or otherwise receiving credit under which Lessee is an obligor under which there is outstanding, owing or committed an aggregate amount of at least 10% of Lessee's aggregate current long- and short-term indebtedness, if such default consists of (i) the failure to pay any indebtedness when due or (ii) the failure to perform any other obligation thereunder and gives the holder of the indebtedness the right to accelerate the indebtedness; 789
( e) Lessee shall (i) apply for or consent to the appointment of a receiver, trustee, custodian or liquidator of Lessee, or of all or a substantial part of the assets of Lessee, (ii) be unable, fail or admit in writing its inability generally to pay its debts as they become due, (iii) make a general assignment for the benefit of creditors, (iv) have an order for relief entered against it under applicable federal bankruptcy law, or (v) file a voluntary petition in bankruptcy or a petition or an answer seeking reorganization or an arrangement with creditors or taking advantage of any insolvency law or any answer admitting the material allegations of a petition filed against Lessee in any bankruptcy, reorganization or insolvency proceeding; or (f) An order, judgment or decree shall be entered by any court of competent jurisdiction, approving a petition or appointing a receiver, trustee, custodian or liquidator or Lessee or of all or a substantial part of the assets of Lessee, in each case without its application, approval or consent, and such order, judgment or decree shall continue unstayed and in effect for any period of 30 consecutive days.

Section 12. 02. Remedies on Default. Whenever any Event of Default exists, Lessor shall have the right, at its sole option without any further demand or notice, to take one or any combination of the following remedial steps:
(a) By written notice to Lessee, Lessor may declare all Rental Payments payable by Lessee pursuant to such Lease and other amounts payable by Lessee under such Lease to the end of the then current Original Term or Renewal Term to be due; (b) With or without terminating the Lease Term under such Lease, Lessor may enter the premises where the Equipment listed in such Lease is located and retake possession of such Equipment or require Lessee at Lessee's expense to promptly return any or all of such Equipment to the possession of Lessor at such place within the United States as Lessor shall specify, and sell or lease such Equipment or, for the account of Lessee, sublease such Equipment, continuing to hold Lessee liable, but solely from legally available funds, for the difference between (i) the Rental Payments payable by Lessee pursuant to such Lease and other amounts related to such Lease or the Equipment listed therein that are payable by Lessee to the end of the then current Original Term or Renewal Term, as the case may be, and (ii) the net proceeds of any such sale, leasing or subleasing (after deducting all expenses of Lessor in exercising its remedies under such Lease, including without limitation all expenses of taking possession, storing, reconditioning and selling or leasing such Equipment and all brokerage, auctioneer's and attorney's fees), subject, however, to the provisions of Section 3.03. The exercise of any such remedies respecting any such Event of Default shall not relieve Lessee of any other liabilities under any other Lease or the Equipment listed therein; and ( c) Lessor may take whatever action at law or in equity may appear necessary or desirable to enforce its rights under such Lease or as a secured party in any or all of the Equipment subject to such Lease.

Section 12.03. No Remedy Exclusive. No remedy herein conferred upon or reserved to Lessor is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under a Lease now or hereafter existing at law or in equity.

No delay or omission to exercise any right or power accruing upon any default shall impair any 790
such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle Lessor to exercise any remedy reserved to it in this Article it shall not be necessary to give any notice other than such notice as may be required in this Article.

Section 12. 04. Application of Moneys. Any net proceeds from the exercise of any remedy under this Agreement, including the application specified in Section 12.02(b)(ii) (after deducting all expenses of Lessor in exercising such remedies including without limitation all expenses of taking possession, storing, reconditioning and selling or leasing Equipment and all brokerage, auctioneer's or attorney's fees), shall be applied as follows:
(a) If such remedy is exercised solely with respect to a single Lease, Equipment listed in such Lease or rights thereunder, then to amounts due pursuant to such Lease and other amounts related to such Lease or such Equipment.
(b) If such remedy is exercised with respect to more than one Lease, Equipment listed in more than one Lease or rights under more than one Lease, then to amounts due pursuant to such Leases pro rata.

ARTICLE XIII
Section 13. 01. Notices. All notices, certificates or other communications under any Lease shall be sufficiently given and shall be deemed given when delivered or mailed by registered mail, postage prepaid, or delivered by overnight courier, or sent by facsimile transmission (with electronic confirmation) to the parties hereto at the addresses immediately after the signatures to this Agreement ( or at such other address as either party hereto shall designate in writing to the other for notices to such party) and to any assignee at its address as it appears on the registration books maintained by Lessee.

Section 13. 02. Binding Effect. Each Lease shall inure to the benefit of and shall be binding upon Lessor and Lessee and their respective successors and assigns.

Section 13. 03. Severability. In the event any provision of any Lease shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof.

Section 13. 04. Amendments, Changes and Modifications. This Agreement and each Lease may only be amended by Lessor and Lessee in writing.

Section 13. 05. Execution in Counterparts. This Agreement and each Lease may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.

Section 13. 06. Applicable Law. This Agreement and each Lease shall be governed by and construed in accordance with the laws of the State. 791
Section 13. 07. Captions. The captions or headings in this Agreement and in each Lease are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Agreement or any Lease.
792
IN WITNESS WHEREOF, Lessor and Lessee have caused this Agreement to be executed in their names by their duly authorized representatives as of the date first above written.

LESSOR:

Banc of America Public Capital Corp~
555 California Street, 4th Floor
San Francisco, California 94104
Attention: Contract Administration
Fax No.: (415) 765-7373
By:

Name:-U~.,,_:

Title:

LESSEE:

City of Oxnard, California
300 West Third Street, Suite 302
Oxnard, California 93030
Attention: Rena Bassett
Fax No.:

By:

Name: -------------
Title:
(Seal)
Attest:

By:

Name: -------------
Title:

List of Exhibits
Exhibit A -­
Exhibit B-1 -­
Exhibit B-2 -­
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Acquisition Fund and Account Control Agreement
Schedule of Property
Rental Payment Schedule
Certificate
Opinion of Counsel Form
Acceptance Certificate
Notice and Acknowledgement of Assignment
793
IN WITNESS WHEREOF, Lessor and Lessee have caused this Agreement to be executed in their names by their duly authorized representatives as of the date first above written.

LESSOR:

Banc of America Public Capital Corp.
555 California Street, 4th Floor
San Francisco, California 94104
Attention: Contract Administration
Fax No.: (415) 765-7373
By:

Name: --------------
Title:

LESSEE:

City of Oxnard, California
300 West Third Street, Suite 302
Oxnard, California 93030
Attention: Rena Bassett
Fax No.:

By:

Name: Carmen Ramirez,
Title: Mayor Pro Tem
(Seal)
Attest:
/J
By: (~:JW4-r1~~
Name: ~·~1a_:=e=s~C=am=e=r~o~n~------
Title: Chief Financial Officer
List of Exhibits
Exhibit A -­
Exhibit B-1 -­
Exhibit B-2 -­
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Acquisition Fund and Account Control Agreement
Schedule of Property
Rental Payment Schedule
Certificate
Opinion of Counsel Form
Acceptance Certificate
Notice and Acknowledgement of Assignment
794

EXHIBIT A

ACQUISITION FUND AND ACCOUNT CONTROL AGREEMENT
(Will be provided upon request)
#765386vlA (BAPCC/Gov't Entity Master Lease) A-1
795
EXHIBITB-1
SCHEDULE OF PROPERTY No.

Re: Master Equipment Lease/Purchase Agreement, dated as of April 8, 2014, between Banc of America Public Capital Corp., as Lessor, and City of Oxnard, California, as Lessee
l. Defined Terms. All terms used herein have the meanings ascribed to them in the above-referenced Master Equipment Lease/Purchase Agreement (the "Master Equipment Lease").

2. Equipment. The following items of Equipment are hereby included under this Schedule of the Master Equipment Lease.

Quantity Description Serial No. Model No. Location

3. Payment Schedule.
(a) Rental Payments. The Rental Payments shall be in such amounts and payable on such dates as set forth in the Rental Payment Schedule attached to this Schedule as Exhibit __ . Rental Payments shall commence on the date on which the Equipment listed in this Schedule is accepted by Lessee, as indicated in an Acceptance Certificate substantially in the form of Exhibit E to the Master Equipment Lease or the date on which sufficient moneys to purchase the Equipment are deposited for that purpose with an Acquisition Fund Custodian, whichever is earlier.
(b) Purchase Price Schedule. The Purchase Price on each Rental Payment date for the Equipment listed in this Schedule shall be the amount set forth for such Rental Payment date in the "Purchase Price" column of the Rental Payment Schedule attached to this Schedule. The Purchase Price is in addition to all Rental Payments then due under this Schedule (including the Rental Payment shown on the same line in the Rental Payment Schedule).

4. Representations, Warranties and Covenants. Lessee hereby represents, warrants and covenants that its representations, warranties and covenants set forth in the Master Equipment Lease are true and correct as though made on the date of commencement of Rental Payments on this Schedule. Lessee further represents and warrants that (a) no material adverse change in Lessee's financial condition has occurred since the date of the Master Equipment Lease; (b) the governing body of Lessee has authorized the execution and delivery of this #765386v1A (BAPCC/Gov't Entity Master Lease) B-1-1
796
Agreement and the Leases pursuant to [Resolution No. [Ordinance No. ------~' approved on , 20 __ ; ( c) the Equipment described in the Agreement referenced above is essential to the functions of Lessee or to the services Lessee provides its citizens; ( d) lessee has an immediate need for, and expects to make immediate use of, substantially all such Equipment, which will be used by Lessee only for the purpose of performing one or more of Lessee's governmental or proprietary functions consistent with the permissible scope of its authority; and (f) Lessee expects and anticipates adequate funds to be available for all future payments or rent due after the current budgetary period.

5. The Lease. The terms and provisions of the Master Equipment Lease (other than to the extent that they relate solely to other Schedules or Equipment listed on other Schedules) are hereby incorporated into this Schedule by reference and made a part hereof. [OPTION: IF ACQUISITION FUND AGREEMENT IS USED:

6. Lease Proceeds. The Lease Proceeds which Lessor shall pay to the Acquisition Fund Custodian in connection with this Schedule is $ , of which $ ----- is for deposit to the Expense Fund and the balance is for deposit to the Acquisition Fund. It is expected that by [six (6)] [twelve (12)] [eighteen (18)] months from the date of this Schedule No. _____ , Lessee will have taken possession of all items of Equipment shown above and that a Lessee's Acceptance Certificate, or Acceptance Certificates, will be signed by Lessee and delivered to Lessor on or before [six (6)] [twelve (12)] [eighteen (18)] months from the date of this Schedule No. ----
OR IF VENDOR PAID DIRECTLY USE:

6. Acquisition Amount. The Acquisition Amount for the Equipment described in this Schedule to be paid to the Vendor is $ . ]
[OPTION: IF ACQUISITION FUND AGREEMENT IS USED:

7. Acquisition Period. The Acquisition Period applicable to this Schedule shall end at the conclusion of the month following the date hereof.] [7][8]. Lease Term. The Lease Term shall consist of the Original Term and __ consecutive Renewal Terms, with the final Renewal Term ending on ____ _ [8][9]. Purchase Option Commencement Date. For purposes of Section 10.01 of the Lease, the Purchase Option Commencement Date is ______ _ [OPTION: IF NO ACQUISITION FUND AGREEMENT IS USED:
[9][10]. Utilization Period Expiration. The Utilization Period Expiration 1s _______ .]
[10][1 l]. Maximum Equipment Cost. The Maximum Equipment Cost approved on a cumulative basis under the Lease for this Schedule and all previous Schedules is $ --------
[11 ][12]. Contract Rate. The Contract Rate for this Sch.edule is ____ %. #765386vlA (BAPCC/Gov't Entity Master Lease) B-1-2
797
[OPTION: IF MOTOR VEHICLES ARE BEING FINANCED:
[12][13]. Registration. Any Equipment that is a motor vehicle is to be registered and titled as follows:

Any Equipment that is a motor vehicle is to be registered and titled as follows:
(a) Registered Owner: City of Oxnard, California
(b) Lienholder: Banc of America Public Capital Corp.
555 California Street, 4th Floor
Mail Code CA5-705-04-01
San Francisco, California 94104
Lessee shall be responsible for the correct titling of all Equipment leased hereunder.

Lessee will cause the original Certificates of Title to be delivered to Lessor for retention in Lessor's files throughout the term of the Lease.

Dated: -------------
LESSOR:

Banc of America Public Capital Corp.
555 California Street, 4th Floor
San Francisco, California 94104
Attention: Contract Administration
By:

Name: -------------
Title:

LESSEE:

City of Oxnard, California
300 West Third Street, Suite 302
Oxnard, California 93030
Attention: Rena Bassett

EXHIBIT ONLY-DO NOT EXECUTE
By:

Name:

Title:
(Seal)
Attest:

By:

Name:

Title:
-------------
-------------
Counterpart No. __ of __ manually executed and serially numbered counterparts.

To the extent that this Lease constitutes chattel paper (as defined in the Uniform Commercial Code), no security interest herein may be created through the transfer or possession of any Counterpart other than Counterpart No. 1.
#765386vlA (BAPCC/Gov't Entity Master Lease) B-1-3
798
EXHIBITB-2

RENT ALP A YMENT SCHEDULE
Purchase
Rental Rental Interest Principal Outstanding Price
Payment Payment Portion Portion Balance [excluding
Date Amount Prepayment
Premium]
Prepayment Premium for purposes of Section 10.0l(a) is __ _.[=in=s=ert:...c....=-.fo=r=m=u=la=] __ _ For purposes of this Lease, "Taxable Rate," with respect to the interest component of Rental Payments, means an annual rate of interest equal to __ %. #765386v1A (BAPCC/Gov't Entity Master Lease) B-2-1
LESSEE:

City of Oxnard, California

EXHIBIT ONLY-DO NOT EXECUTE
By:

Name: -------------
Title:
799

EXHIBITC

CERTIFICATE
The undersigned, a duly elected and acting _______ _ [Secretary] [City Clerk] of City of Oxnard, California ("Lessee") certifies as follows:

A. The following listed persons are duly elected and acting officials of Lessee (the "Officials") in the capacity set forth opposite their respective names below and that the facsimile signatures are true and correct as of the date hereof;
B. The Officials are duly authorized, on behalf of Lessee, to negotiate, execute and deliver the Master Equipment Lease/Purchase Agreement dated as of April 8, 2014 and the Schedule(s) thereunder and all future Schedule(s) (the "Agreements") by and between Lessee and Banc of America Public Capital Corp., and these Agreements are binding and authorized Agreements of Lessee, enforceable in all respects in accordance with their terms.

Name of Official Title
Dated:-------------
Signature

EXHIBIT ONLY-DO NOT EXECUTE
By:

Name: -------------
Title:
(The signer certifying this Certificate cannot be listed above as authorized to execute the Agreements.)
#765386vlA (BAPCC/Gov't Entity Master Lease) C-1
800

EXHIBITD

OPINION OF COUNSEL TO LESSEE
(to be typed on letterhead of counsel)
Banc of America Public Capital Corp.
555 California Street, 4th Floor
San Francisco, California 94104
Re: Schedule of Property No. , dated , to Master
Equipment Lease/Purchase Agreement, dated as of April 8, 2014, between Banc of America Public Capital Corp., as Lessor, and City of Oxnard, California, as Lessee
Ladies and Gentlemen:

As legal counsel to City of Oxnard, California ("Lessee"), I have examined (a) an executed counterpart of a certain Master Equipment Lease/Purchase Agreement, dated as of April 8, 2014, and Exhibits thereto by and between Banc of America Public Capital Corp . . ("Lessor") and Lessee (the "Agreement") and an executed counterpart of Schedule of Property No. , dated , by and between Lessor and Lessee (the
"Schedule"), which, among other things, provides for the lease of certain property listed in the Schedule (the "Equipment") and a certain Acquisition Fund and Account Control Agreement among Lessor, Lessee, and as Acquisition Fund
Custodian, dated , (b) an executed counterpart of the ordinances or resolutions of Lessee which, among other things, authorize Lessee to execute the Agreement and the Schedule and ( c) such other opinions, documents and matters of law as I have deemed necessary in connection with the following opinions. The Schedule and the terms and provisions of the Agreement incorporated therein by reference together with the Rental Payment Schedule attached to the Schedule are herein referred to collectively as the "Lease", and the Lease and the Acquisition Fund and Account Control Agreement are referred to collectively as the "Transaction Documents."
Based on the foregoing, I am of the following opinions:

1. Lessee is a public body corporate and politic, duly organized and existing under the laws of the State, and [has a substantial amount of the following sovereign powers: (a) the power to tax, (b) the power of eminent domain, and ( c) police power] [is a political subdivision of a state within the meaning of Section 103( c) of the Internal Revenue Code of 1986, as amended (the "Code") and the obligations of Lessee under the Agreement will constitute an obligation of Lessee within the meaning of Section I03(a) of the Code, notwithstanding Section 103(b) of the Code].

2. Lessee has the requisite power and authority to lease and acquire the Equipment and to execute and deliver the Transaction Documents and to perform its obligations under the Lease.
#765386vlA (BAPCC/Gov't Entity Master Lease) D-1
801

3. The Lease has been duly authorized, approved, executed and delivered by and on behalf of Lessee and the Transaction Documents are valid and binding obligations of Lessee enforceable in accordance with their respective terms.

4. The authorization, approval, execution and delivery of the Transaction Documents and all other proceedings of Lessee relating to the transactions contemplated thereby have been performed in accordance with all open meeting laws, public bidding laws and all other applicable state or federal laws; and

5. There is no proceeding pending or threatened in any court or before any governmental authority or arbitration board or tribunal that, if adversely determined, would adversely affect the transactions contemplated by the Transaction Documents or the security interest of Lessor or its assigns, as the case may be, in the Equipment or other collateral thereunder.
[6. The portion of rentals designated as and constituting interest paid by Lessee and received by Lessor is excluded from Lessor's gross income for federal income tax purposes under Section 103 of the Code and is exempt from State of personal income taxes; and such interest is not a specific item of tax preference or other collateral for purposes of the federal individual or corporate alternative minimum taxes.] All capitalized terms herein shall have the same meanings as in the Transaction Documents unless otherwise provided herein. Lessor and its successors and assigns, and any counsel rendering an opinion on the tax-exempt status of the interest components of the Rental Payments, are entitled to rely on this opinion.

Printed Name: Signature:

Firm: Dated:

Address:

Telephone No.:
#765386vlA (BAPCC/Gov't Entity Master Lease) D-2
802

EXHIBITE

ACCEPTANCE CERTIFICATE
Banc of America Public Capital Corp.
555 California Street, 4th Floor
San Francisco, California 94104
Re: Schedule of Property No. , dated , to
Master Equipment Lease/Purchase Agreement, dated as of April 8, 2014, between Banc of America Public Capital Corp., as Lessor, and City of Oxnard, California, as Lessee
Ladies and Gentlemen:

In accordance with the Master Equipment Lease/Purchase Agreement (the "Agreement"), the undersigned Lessee hereby certifies and represents to, and agrees with Lessor as follows:

1. All of the Equipment (as such term is defined in the Agreement) listed in the above-referenced Schedule of Property (the "Schedule") has been delivered, installed and accepted on the date hereof.

2. Lessee has conducted such inspection and/or testing of the Equipment listed in the Schedule as it deems necessary and appropriate and hereby acknowledges that it accepts the Equipment for all purposes.

3. Lessee is currently maintaining the insurance coverage required by Section 7.02 of the Agreement.

4. No event or condition that constitutes, or with notice or lapse of time, or both, would constitute, an Event of Default (as defined in the Agreement) exists at the date hereof.

Date: -------------
(Seal)
#765386vlA (BAPCC/Gov't Entity Master Lease) E-1
LESSEE:

City of Oxnard, California

EXHIBIT ONLY-DO NOT EXECUTE
By:

Name: -------------
Title:
803

EXHIBITF

NOTICE AND ACKNOWLEDGEMENT OF ASSIGNMENT
DATED
---------
BANC OF AMERICA PUBLIC CAPITAL CORP. ("Assignor") hereby gives notice that it has assigned and sold to ("Assignee") all of Assignor's right, title and interest in, to and under [Schedule of Property] No. [ ), dated ~-------~ (the "Lease") to the Master Equipment Lease/Purchase Agreement ( "Equipment Lease") dated as of , between Assignor and ---------- ("Lessee").

For purposes of this Notice and Acknowledgment of Assignment (the "Acknowledgment"), "Lease" means collectively the Lease identified above, together with all exhibits, schedules, addenda and attachments related thereto, and all certifications and other documents delivered in connection therewith. The term "Lease" specifically excludes all other [Schedules of Property] entered into under the Equipment Lease and rental payments other than with respect to the [Schedule of Property] identified above. Each capitalized term used but not defined herein has the meaning set forth in the Equipment Lease described above.

1. Pursuant to the authority of Resolution adopted on
_________ , Lessee hereby acknowledges the effect of the assignment of the Lease and absolutely and unconditionally agrees to deliver to Assignee all rental payments and other amounts coming due under the Lease in accordance with the terms thereof on and after the date of this Acknowledgment.

2. Lessee hereby agrees that: (i) Assignee shall have all the rights of Lessor under the Lease and all related documents, including, but not limited to, the rights to issue or receive all notices and reports, to give all consents or agreements to modifications thereto, to receive title to the equipment in accordance with the terms of the Lease, to declare a default and to exercise all remedies thereunder; and (ii) except as provided in Section [ I of the Lease, the obligations of Lessee to make rental payments and to perform and observe the other covenants and agreements contained in the Lease shall be absolute and unconditional in all events without abatement, diminution, deduction, set-off or defense.

3. Lessee agrees that, as of the date of this Acknowledgment, the following information about the Lease is true, accurate and complete:

Number of Rental Payments Remaining -
Amount of Each Rental Payment
Total Amount of Rents Remaining
Frequency of Rental Payments
#765386v1A (BAPCC/Gov't Entity Master Lease) F-1
$ ______ _
$ -------
804
Next Rental Payment Due
Funds Remaining in Escrow Fund $ ___ _

4. The Lease remains in full force and effect, has not been amended and no nonappropriation or event of default ( or event which with the passage of time or the giving of notice or both would constitute a default) has occurred thereunder.

5. Any inquiries of Lessee related to the Lease and any requests for escrow disbursements, if applicable, and all rental payments and other amounts coming due pursuant to the Lease on and after the date of this Acknowledgment should be remitted to Assignee at the following address ( or such other address as provided to Lessee in writing from time to time by Assignee):

ACKNOWLEDGED AND AGREED:

LESSEE:
[FOR EXHIBIT PURPOSES ONLY]
By:

Name:------------­
Title:

ASSIGNOR: BANC OF AMERICA PUBLIC CAPITAL CORP.
[FOR EXHIBIT PURPOSES ONLY]
By:

Name:------------­
Title:
#765386v1A (BAPCC/Gov't Entity Master Lease) F-2
805

SCHEDULE OF PROPERTY NO. 27
Re: Master Equipment Lease/Purchase Agreement, dated as of April 8, 2014, between Banc of America Public Capital Corp, as Lessor, and City of Oxnard, California, as Lessee

1. Defined Terms. All terms used herein have the meanings ascribed to them in the above-referenced Master Equipment Lease/Purchase Agreement (the “Master Eq uipment Lease”). For purposes of this Schedule the following defined terms in the Master Equipment Lease shall be defined as the following:
a. The Acquisition Fund shall be deemed the Oxnard Escrow Account created under the Acquisition Fund Agreement.
b. The Acquisition Fund Agreement shall be deemed that certain Escrow Agreement, dated as of January 19, 2023, by and among Lessor, Lessee and the Acquisition Fund Custodian. c. The Acquisition Fund Custodian shall be deemed Computershare Trust Company, N.A., a national banking association, as Escrow Agent under Escrow Agreement , dated as of January 19, 2023 by and among Lessor, Lessee and Computershare Trust Company N.A.

2. Equipment. The following items of Equipment are hereby included under this Schedule of the Master Equipment Lease.
(8) Eight Battalion Chief Vehicles, Battalion Chief Vehicle chassis and upfitting and (1) One Ladder Truck as further described in each Disbursement Request under the Escrow Agreement, together with all attachments, additio ns, accessions, parts, repairs, improvements, replacements, and substitutions thereto as provided in the Agreement

3. Payment Schedule.
(a) Rental Payments . The Rental Payments shall be in such amounts and payable on such dates as set forth in the Rental Payment Schedule attached to this Schedule as Exhibit B. Rental Payments shall commence on the date on which the Equipment listed in this Schedule is accepted by Lessee, as indicated in an Acceptance Certificate substantially in the form of Exhibit E to the Master Equipment Lease or the date on which sufficient moneys to purchase the Equipment are deposited for that purpose with an Acquisition Fund Custodia n, whichever is earlier.
(b) Purchase Price Schedule. The Purchase Price on each Rental Payment date for the Equipment listed in this Schedule shall be the amount set forth for such Rental Payment date in the “Purchase Price” column of the Rental Payment Schedule attached to this Schedule.

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