Written materials relating to an item on this agenda that are distributed to the legislative bodies within 72 hours before the item is to be considered at its regularly scheduled meeting will be made available for public inspection at the City Clerk’s Office, 300 West Third Street 4th Floor during customary business hours. Agenda reports are also on the City of Oxnard web site at www.oxnard.org.
In compliance with the Americans with Disabilities Act, if you require special assistance to participate in a meeting, please contact the City Clerk’s Office at 385-7803. Notice at least 72 hours prior to the meeting will enable the City to reasonably arrange for your accessibility to the meeting.
Agenda Item Time Estimates include: (Minutes for Presentation + Council Discussion + Public Comment) AGENDA
OXNARD CITY COUNCIL
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY
OXNARD FINANCING AUTHORITY
OXNARD HOUSING AUTHORITY
Meeting Location: Council Chambers, 305 West Third Street January 17, 2023
Closed Session - 4:30 PM
Regular Meeting - 5:00 PM
Zoom details to call-in for public comment during a meeting:
1. Dial Phone Number: (888) 475-4499
2. Enter Meeting ID: 857 0330 9850
3. Passcode: 480547
If you wish to speak during public comments or a particular item on the agenda, please sign-on by following the zoom call-in steps listed above. Once the presiding officer calls for public speakers, press *9 to raise your hand to inform the City Clerk you would like to speak during the public speaking section for that particular item on the agenda, while in the zoom waiting room. Press *6 when asked to unmute. Listen to the instructions provided virtually on the phone while on hold in the zoom waiting room. Please note that there is a slight time delay when viewing the meeting via television.
IN ACCORDANCE WITH ASSEMBLY BILL 361 AND IN RESPONSE TO THE DECLARED STATE AND LOCAL EMERGENCIES DUE TO THE NOVEL CORONAVIRUS, THE LEGISLATIVE BODY WILL MEET INPERSON AND REMOTELY. TO PARTICIPATE REMOTELY VISIT WWW.OXNARD.ORG.
To find out how you may provide public comment, please refer to the instructions below or at www.https://www.oxnard.org/city-meetings/.
The public may view the meeting from home on Spectrum channel 10, Frontier channel 35, or YouTube at Youtube.com/oxnardnews.
Video recordings of the meeting are typically available online following the meeting at the City’s website at www.oxnard.org/citymeetings. *Please see the link for the Measure M pre-recorded presentation video for each item listed on this agenda.
YOU MAY PARTICIPATE IN THE MEETING IN THE FOLLOWING WAYS:
1. ATTEND THE MEETING AT THE LOCATION LISTED ABOVE: Submit a speaker card to the City Clerk.
2. EMAIL COMMENTS OR SIGN UP TO SPEAK REMOTELY BEFORE THE MEETING a. Submit a request to speak remotely by no later than 3 p.m. on the day of the meeting by using the form available at www.oxnard.org/citymeetings.
1 AMENDED AGENDA
Report of City Manager - Item F.1 COVID-19 Added
Reports Item K.4 – Additional Attachments Added
OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY January 17, 2023 PAGE 2
b. Submit an email to [email protected] no later than 3 p.m. on the day of the meeting (indicate the agenda item number in the subject line). All email correspondence will be forwarded to the legislative body prior to the start of the meeting and made part of the legislative record.
c. Contact the City Clerk’s Office at (805) 385-7803 to submit your request.
3. PROVIDING PUBLIC COMMENTS REMOTELY DURING THE MEETING a. To provide public comment during the meeting dial (888) 475-4499 and enter the Meeting ID and Passcode listed above as the Zoom details for this meeting. When the presiding officer announces the particular item on the agenda you want to speak on, press *9 to raise your hand while in the zoom waiting room. Once called on, press *6 to unmute your phone.
b. Public comments on agenda items will be taken following the announcement of the item. After the item is announced, members of the public may register or otherwise be recognized for the purpose of providing public comment.
Please review the Zoom instructions on the registration page to help ensure there are no technical difficulties during your comments and help you understand public comment procedures using Zoom. Detailed participation instructions can be found at www.oxnard.org/city-meetings.
In the event of a disruption which prevents a legislative body of the City of Oxnard from broadcasting a meeting using a callin option or internet-based service option, or in the event of a disruption within the City’s control which prevents members of the public from offering public comment using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on a meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. However, if any of the broadcast options are disrupted, but any of the other broadcast options is still available to the public, the legislative body may take further action on items appearing on a meeting agenda without waiting for the disrupted broadcast option(s) to be restored. * The City has filed pre-election and post-election lawsuits regarding the validity of Measure M.
A. ROLL CALL, POSTING OF AGENDA
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council and Community Development Commission Successor Agency.
B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, a person may address the legislative body only on matters appearing on the closed session agenda. The presiding officer shall limit public comments to three minutes.
C. CLOSED SESSION (4:30 PM)
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Government Code section 54956.9(d)(4))
Based on existing facts and circumstances, the City Council shall decide whether to initiate litigation in one potential case. Legislative Body: City Council D. OPENING CEREMONIES (5:00 PM)
Pledge of allegiance to the flag of the United States.
E. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
A person may address the legislative body only on matters not appearing on the agenda and within the subject matter jurisdiction of the legislative body. Speaker requests shall be submitted as set forth on the first page of this agenda. Speakers are limited to three minutes. After 30 minutes, if all speakers have not had the opportunity to speak, the remaining speakers will be given an opportunity to speak prior to adjournment of the meeting. The legislative body cannot enter into a detailed discussion or take action on any items presented during public comments at this time. Such items may only be referred to the City 2 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY January 17, 2023 PAGE 3
Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion. Persons wishing to speak on public hearing items should do so at the time of the hearing.
F. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
The City Manager/Executive Director/Secretary shall report on items of interest to the legislative body occurring since the last meeting. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion.
1. City Manager Department
SUBJECT: COVID-19 Update from Director of Emergency Services.
RECOMMENDATION: That the City Council re-authorize remote teleconference meetings of the legislative bodies of the City of Oxnard in accordance with Assembly Bill 361 based on the following findings: (i) the current COVID-19 situation, particularly with its variants, is causing, and will continue to cause, imminent risks to the health and safety of persons within the City, including City Council members, City staff, appointed officials, and members of the public; (ii) state and local officials continue to impose or recommend measures to promote social distancing; and (iii) the Governor's COVID-19 State of Emergency is still in effect; and (iv) numerous public agencies throughout Ventura County are still operating in accordance with Assembly 361, for the reasons stated herein.
Legislative Body: City Council
Contact: Stephen Fischer, (805) 385-7483
G. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY
BUSINESS/COMMITTEE REPORTS
At this time, a member of the legislative body may make a brief announcement, or make a brief report on his or her activities. Further, members of the legislative body may request to schedule consideration of whether to place an item on a future agenda. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. The member's report shall not exceed three minutes, unless additional time is granted by the presiding officer.
1. City Manager Department
SUBJECT: Appointment of Members to Serve on the City's CAGs. (5 minutes) RECOMMENDATION: That the Mayor, with the approval of the City Council, make the following appointments:
1. To Senior Services Commission: Alice Sweetland (D2);
2. To Community Relations Commission: Cynthia Gonzalez (D2);
3. To Parks, Recreation and Community Services Commission: Chris Hernandez (D2);
4. To Commission on Homelessness: Rene Camper-Stewart (D2); and
5. To Planning Commission: Vincent Stewart (D2).
Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/F1zFwSUqCas
Legislative Body: City Council
Contact: Shiri Klima, (805) 385-7487
H. REVIEW OF INFORMATION/CONSENT AGENDA
The members of the legislative body will consider whether to remove Information/Consent Agenda items 3 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY January 17, 2023 PAGE 4
for discussion later during the meeting.
I. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
At this time, a person may address the legislative body only on matters appearing on the information/consent agenda. The presiding officer shall limit public comments to three minutes.
J. INFORMATION/CONSENT AGENDA
1. City Clerk Department
SUBJECT: Approval of Minutes.
RECOMMENDATION: That the City Council approve the minutes of the December 20, 2022 regular meeting as presented.
Legislative Body: City Council
Contact: Rose Chaparro, (805) 385-7805
2. Public Works Department
SUBJECT: Purchase Order #7991 Change Order with Velocity Truck Centers.
RECOMMENDATION: That the City Council approve and authorize the Purchasing Agent to execute a Purchase Order Change Order with Velocity Truck Centers for an additional $116,278.00 for a new not-to-exceed amount of $8,476,576.80 for the purchase of refuse trucks for the Environmental Resources Division.
(This item is not subject to the California Environmental Quality Act.) (The original Purchase Order with Velocity Truck Centers was approved by Council on March 2, 2021.)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
3. Public Works Department
SUBJECT: Agreement 32300160 with Venco Electric Inc. for Advanced Water Purification Facility Finished Water Pump Variable Frequency Drive Electrical Rehabilitation Project, Specification No.
PW 23-04.
RECOMMENDATION: That the City Council approve and authorize the following for a total of $262,560.00 in Project funds for the Advanced Water Purification Facility Finished Water Pump Variable Frequency Drive Electrical Rehabilitation Project (No. 226504/C2023):
1. The execution of an Agreement with Venco Electric Inc. in the amount of $218,800.00 for the Project;
2. A Project contingency amount of $21,880.00 for the Project; and
3. A Project allocation amount of $21,880.00 for engineering, inspection, and project management for the Project.
(This item is categorically exempt from the California Environmental Quality Act pursuant to Title 14 of the California Code of Regulations section 15301(b)). (This item did not originate in Committee.)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
4 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY January 17, 2023 PAGE 5
4. Public Works Department
SUBJECT: Construction Agreement 32300166 with Commercial Waterproofing Systems Inc., dba ERC Roofing and Waterproofing for South Oxnard Center Roof Replacement Project, Specification No. PW 23-32.
RECOMMENDATION: That the City Council approve and authorize the following for a total of $779,952 in Project funds for the South Oxnard Center Roof Replacement Project (Project No. 205502/C2010):
1. Execute Agreement 32300166 with Commercial Waterproofing Systems Inc., dba ERC Roofing and Waterproofing in the amount of $649,960 for the Project;
2. A Project contingency amount of $64,996 with Commercial Waterproofing Systems Inc., dba ERC Roofing and Waterproofing for a total not to exceed value of $714,956 for the Project; and
3. A Project allocation amount of $64,996 for engineering, inspection, survey and project management for the Project.
(This item is categorically exempt from the California Environmental Quality Act pursuant to Title 14 of the California Code of Regulations Section 15301(d).) (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.)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
5. Public Works Department
SUBJECT: Agreement 32300156 with CCS Los Angeles Janitorial, Inc. for Custodial Services at Oxnard Transportation Center.
RECOMMENDATION: That the City Council approve and authorize an Agreement with CCS Los Angeles Janitorial, Inc. for a term of one year with the option to extend for two consecutive periods of one year each upon the written agreement of both parties for a maximum possible contract term of three (3) years, and for a total contract not-to-exceed amount over the entire possible contract term of $600,000 to provide custodial services for the Oxnard Transportation Center. (This item is not considered a project under the California Environmental Quality Act). (This item did not originate in Committee.)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
6. City Manager Department
SUBJECT: Eighth Annual Recognized Obligation Payment Schedule 2023-24.
RECOMMENDATION: That the Community Development Commission Successor Agency adopt a Resolution approving the Eighth Annual Recognized Obligation Payment Schedule (ROPS) 23-24 covering the period of July 1, 2023 - June 30, 2024.
Legislative Body: Oxnard Community Development Commission Successor Agency Contact: Ashley Golden, (805) 385-7478
7. Police Department
SUBJECT: Resolution Commending Regina Martin for Thirty-Two Years of Service to the City of 5 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY January 17, 2023 PAGE 6
Oxnard.
RECOMMENDATION: That the City Council adopt a resolution commending Regina Martin for Thirty-Two Years of Service to the City of Oxnard.
(This item did not originate in Committee.)
Legislative Body: City Council
Contact: Jason Benites, (805) 385-7624
8. Community Development Department
SUBJECT: Adoption of Ordinance No. 3022 - Regulating the Use and Distribution of Expanded Polystyrene Foodware and Products in the City of Oxnard.
RECOMMENDATION: That the City Council adopt Ordinance No. 3022 titled “Ordinance of the City of Oxnard, California adding Article XXV to Chapter 7 of the Oxnard City Code prohibiting the use, manufacturing, distribution, and sale of designated polystyrene products” and find that the ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to section 15061(b)(3) of the CEQA Guidelines.
Legislative Body: City Council
Contact: Ashley Golden, (805) 385-7478
9. Public Works Department
SUBJECT: Public Project Agreement 32300205 with Pacific Builders and Roofing, Inc. dba WSP Roofing for Sturgis Annex Roof Replacement Project, Specification No. PW 23-31.
RECOMMENDATION: That the City Council approve and authorize the following for a total of $1,277,685.36 in Project funds for the Sturgis Annex Roof Replacement Project, Specification No.
PW 23-31 (Project No. MO2111 / C2039):
1. The execution of Agreement 32300205 with Pacific Builders and Roofing, Inc. dba WSP Roofing in the amount of $1,064,737.80 for the Project;
2. Authorize a Project contingency amount of $106,473.78 with Pacific Builders and Roofing, Inc. dba WSP Roofing for a total not to exceed value of $1,171,211.58 for the Project; and
3. A Project allocation amount of $106,473.78 for engineering, inspection, survey and project management for the Project; and
4. Authorize the Finance Director or designee to approve a budget appropriation for the use of this Project in the total amount of $278,686 from the available fund balance in the Measure O Sales Tax Fund (104).
(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.)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
10. Fire Department
SUBJECT: Professional Services Agreement No. 32300227 with On Duty Health, PLLC for Fire Department Annual Wellness Exams.
RECOMMENDATION: 1. That the City Council authorize approval of Agreement No. 32300227 6 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY January 17, 2023 PAGE 7
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.
2. That the City Council find that the approval of the agreement is not subject to the California Environmental Quality Act pursuant to California Code of Regulations, Title 14, Chapter 3, section 15060(c)(2).
Legislative Body: City Council
Contact: Alexander Hamilton, (805) 385-7700
K. REPORTS
1. Public Works Department
SUBJECT: Caltrans Required Local Roadway Safety Plan. (25 minutes) RECOMMENDATION: That the City Council:
1. Receive a presentation and comment on the Local Roadway Safety Plan and
2. Adopt the Caltrans Required Local Roadway Safety Plan as final. (This item is not considered a project under the California Environmental Quality Act.) (Public Works and Transportation Committee approved 2-0.) (Presentation will be live upon consultant's request.)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
2. Human Resources Department
SUBJECT: Resolution Approving Increase to the Fire Department's Total Allocated Positions. (15 minutes)
RECOMMENDATION: That the City Council Approve and Adopt a Resolution to Amend Resolution No. 15,593 Authorizing Full-Time Equivalent Positions Pursuant to Chapter 4 of the City Personnel Rules and Regulations.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/fTVcvbq0DPw
Legislative Body: City Council
Contact: Steve Naveau, Alexander Hamilton, (805) 385-7947, (805) 385-7700
3. Housing Department
SUBJECT: Downtown Oxnard Improvement Association Annual Update. (10 minutes) RECOMMENDATION: That the City Council receive and file the 2021-22 Fiscal Year Annual Update and presentation on the Downtown Oxnard Improvement Association. (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/Hs00IKxBxT0
Legislative Body: City Council
7 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY January 17, 2023 PAGE 8
Contact: Emilio Ramirez, (805) 385-8094
4. Community Development Department
SUBJECT: Planning and Zoning Permit No. 22-600-02 (Pre-Application); Pre-Application Review of the Rio Del Valle Campus Expansion Master Plan, Located at 3100 North Rose Avenue (APN:
144-0-110-445; -220; -055; & -590). Project Name: Rio Del Valle Campus Expansion Master Plan. (45 minutes)
RECOMMENDATION: That the City Council review and provide preliminary comments on a preapplication for a master plan to expand the Rio Del Valle school campus, including the required annexation, general plan amendment, pre-zoning, greenbelt amendment, expanded school uses, and bus storage and maintenance facility.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/OehiE2-Fybs
Legislative Body: City Council
Contact: Ashley Golden, (805) 385-7478
5. City Manager Department
SUBJECT: Determination of Future Uses of Sports Park & College Park. (60 minutes) RECOMMENDATION: 1. That the City Council, based on the Parks and Recreation Master Plan and outcomes of Sports Park Idea Day, designate the future use at Sports Park to be a baseball/softball complex and designate the future use at College Park to be a soccer complex.
2. That the City Council find that its action is not subject to the California Environmental Quality Act pursuant to California Code of Regulations, Title 14, Chapter 3, section 15060(c)(2). (Community Services, Public Safety, Housing and Development Committee voted 2-1 to move this item forward for Council discussion without a recommendation.) Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/fk11lUjEqwQ
Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430
6. Finance Department
SUBJECT: Discuss General Fund Bonding/Debt Capacity and Long Range Planning Considerations. (20 minutes)
RECOMMENDATION: That the City Council receive and file a report from the Finance Department regarding General Fund bonding capacity and long-range planning considerations (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/CbkjvsLVKA4
Legislative Body: City Council
Contact: Betsy George, (805) 200-5400
7. City Manager Department
SUBJECT: Revision of the Approved Conceptual Design for South Oxnard Aquatics Center and 8 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY January 17, 2023 PAGE 9
Professional Services Agreement Amendment with the design architect, ELS Architecture + Urban Design. (40 minutes)
RECOMMENDATION: That the City Council:
1. Approve a revision to the approved conceptual design for the South Oxnard Aquatics Center (SOAC) Improvement Project (Project No. 225502) to include a 30-meter pool;
2. Approve an amendment to the professional services agreement with ELS Architecture + Urban Design in an amount of $75,000 for a total not to exceed amount of $3,975,057 and extend the contract terms to July 24, 2026; and
3. Find this project is currently undergoing California Environmental Quality Act Mitigated Negative Declaration (CEQA - MND) study pursuant to Title 14 of the California Code of Regulations Sections 15070 through 15075. The CEQA - MND will be completed and ready for final review and approval by the City Council at the time of construction award. (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.) Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/9KYczziHsQg
Legislative Body: City Council
Contact: Ashley Golden, (805) 385-7478
L. ADJOURNMENT
9 CITY COUNCIL AGENDA REPORT
CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR
AGENCY/FINANCING AUTHORITY
BUSINESS/COMMITTEE REPORTS
AGENDA ITEM NO. G.1
DATE: January 17, 2023
TO: City Council
FROM: Shiri Klima, Deputy City Manager, (805) 385-7487, [email protected] SUBJECT: Appointment of Members to Serve on the City's CAGs. (5 minutes)
RECOMMENDATION
That the Mayor, with the approval of the City Council, make the following appointments:
1. To Senior Services Commission: Alice Sweetland (D2);
2. To Community Relations Commission: Cynthia Gonzalez (D2);
3. To Parks, Recreation and Community Services Commission: Chris Hernandez (D2);
4. To Commission on Homelessness: Rene Camper-Stewart (D2); and
5. To Planning Commission: Vincent Stewart (D2).
Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/F1zFwSUqCas
BACKGROUND
Oxnard City Code Section 2-36 states that the Mayor, with the approval of the City Council, shall appoint the members of each Citizen Advisory Group (CAG). The process is outlined in that provision, including nomination by each Council member congruent with his or her term in office. Section 2-37 states that each commissioner shall undergo the City's formal background check procedures before appointment.
DISCUSSION
The following are some of the City's CAGs:
1. Senior Services Commission (SSC)
Per their powers and duties,the SSC analyzes, defines and investigates issues and needs of the senior citizens in the City, develops and recommends solutions for problems affecting senior citizens to the City Council and other appropriate community organizations, and disseminates information and educational materials that will assist in enhancing the quality of life of the senior citizens and treatment of senior citizens. The SSC is composed of seven members, all of whom must reside in the City and have reached their 50th birthday. For this purpose, Councilmember Teran nominates Alice Sweetland to represent D2, who has passed the City’s formal background check procedures.
2. Community Relations Commission (CRC)
The CRC's powers and duties relate to analyzing, defining and investigating matters involving group prejudices, racial tension, intolerance or differences in treatment or favoritism of a person on a basis other than individual merit. The CRC promotes mutual understanding and respect--including through educational campaigns--among all residents to discourage or prevent the aforementioned negative practices. The CRC is composed of seven members, all of whom must reside in the City and be over the age of 18. For this purpose, Councilmember Teran nominates Cynthia Gonzalez to represent D2, who has passed the City’s formal background check procedures.
10 3. Parks and Recreation and Community Services Commission (PRCSC) The PRCSC is concerned with all matters pertaining to the parks, recreation and community services activities in the City. The PRCSC is composed of seven members, all of whom must reside in the City and be over the age of 18. For this purpose, Councilmember Teran nominates Chris Hernandez to represent D2, who has passed the City’s formal background check procedures.
4. Commission on Homelessness (COH)
The COH advises regarding all matters pertaining to homelessness in the City. The COH is composed of seven members, all of whom must reside in the City and be over the age of 18. For this purpose, Councilmember Teran nominates Rene CamperStewart to represent D2, who has passed the City’s formal background check procedures.
5. Planning Commission
The Planning Commission is charged with various functions and duties throughout the Oxnard City Code and the California Government Code, including preparing, reviewing and revising the City's General Plan; implementing that General Plan through various specific plans, zoning and subdivision ordinances; promoting the coordination of local plans and programs with the plans and programs of other public agencies; annually reviewing the City's capital improvement program for consistency with that General Plan; ensuring conformity with the General Plan for any real property acquired for public purposes or for any public building or structure constructed or authorized; and ensuring conformity with the General Plan for any real property disposed of or for any street vacated or abandoned. The Planning Commission is composed of seven members, all of whom must reside in the City and be over the age of 18. For this purpose, Councilmember Teran nominates Vincent Stewart to represent D2, who has passed the City’s formal background check procedures.
Staff will return on a rolling basis with additional Council nominations to fill the remaining vacancies in the City’s commissions, committees and boards.
STRATEGIC PRIORITIES
This agenda item supports the Quality of Life strategy. The purpose of the Quality of Life strategy is to restore and increase quality services and programs that enrich Oxnard's diverse community, promotes safe neighborhoods, encourages community engagement, and supports our residents in their efforts to improve their quality of life.
FINANCIAL IMPACT
There is no financial impact.
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Samantha Shapiro, Project Manager
ATTACHMENTS
1. Appointment of Members to Serve on the City's CAGs
11 Samantha Shapiro, Project Manager
Appointment of Members to Serve
on the City’s CAGs
City Council
January 17, 2023
12 RECOMMENDATION 2
That the Mayor, with the approval of the City Council, make the following appointments:
1. To Senior Services Commission: Alice Sweetland (D2);
2. To Community Relations Commission: Cynthia Gonzalez (D2);
3. To Parks, Recreation and Community Services Commission: Chris Hernandez (D2);
4. To Commission on Homelessness: Rene Camper-Stewart (D2); and
5. To Planning Commission: Vincent Stewart (D2).
13 3
SENIOR SERVICES COMMISSION
Function Analyzes, defines and investigates issues and the needs of senior citizens in the City and advises the City Council on such matters; Develops and recommends solutions for problems affecting senior citizens to the City Council and other appropriate community organizations; and Disseminates
information and educational materials and reports that will assist in enhancing the quality of life of senior citizens and the treatment of senior citizens.
Requirements •7 members
•Resident of the City
•Must have reached their 50th birthday
Nomination •Councilmember Teran nominates Alice Sweetland (D2) 14 4
COMMUNITY RELATIONS COMMISSION
Function • Analyzing, defining and investigating matters involving group prejudices, racial tension, intolerance or differences in treatment or favoritism of person on a basis other than individual merit
• Promoting mutual understanding and respect--including through educational campaigns--among all residents to
discourage or prevent the aforementioned negative practices Requirements 7 members must reside in City and be over age 18 Nomination •Councilmember Teran nominates Cynthia Gonzalez (D2) 15 5
PARKS, RECREATION AND COMMUNITY SERVICES COMMISSION
Function Is concerned with all matters pertaining to the parks, recreation and community services activities in the City and serves as a liaison between the City Council and the community on such matters.
Requirements 7 members must reside in City and be over age 18 Nomination •Councilmember Teran nominates Chris Hernandez (D2) 16 6
COMMISSION ON HOMELESSNESS
Function Advises regarding all matters pertaining to homelessness in the City
Requirements 7 members must reside in City and be over age 18 Nomination •Councilmember Teran nominates Rene Camper-Stewart (D2) 17 7
PLANNING COMMISSION
Function • Preparing, reviewing and revising General Plan • Implementing General Plan through various specific plans, zoning and subdivision ordinances
• Promoting coordination of local plans and programs with the plans and programs of other public agencies
• Annually reviewing City's capital improvement program for consistency with General Plan
• Ensuring General Plan conformity for real property
acquired/disposed of, public building/structure constructed, or street vacated/abandoned
Requirements 7 members must reside in City and be over age 18 Nomination • Councilmember Teran nominates Vincent Stewart (D2) 18 THE END
8 19
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.1
DATE: January 17, 2023
TO: City Council
FROM: Rose Chaparro, City Clerk, (805) 385-7805, [email protected] SUBJECT: Approval of Minutes.
RECOMMENDATION
That the City Council approve the minutes of the December 20, 2022 regular meeting as presented.
BACKGROUND
Approval of Minutes.
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
There is no financial impact.
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Rose Chaparro, City Clerk
ATTACHMENTS
1. MINUTES 12 20 2022 CC Regular Meeting
20 MINUTES
OXNARD CITY COUNCIL
Regular Meeting
December 20, 2022
A. ROLL CALL, POSTING OF AGENDA
At 4:31 p.m., Mayor John C. Zaragoza called to order the regular meeting of the Oxnard City Council, in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California. The City Clerk called the roll and announced the posting of the agenda. Councilmembers Gabriela Basua, Oscar Madrigal, Bert E. Perello, Gabriel (Gabe) Teran, Mayor Pro Tem Bryan A. MacDonald, and Mayor John C. Zaragoza were present.
Councilmember Gabriela Basua joined the meeting at 4:37 p.m.
Staff members present in person were Alexander Nguyen, City Manager; Stephen M. Fischer, City Attorney; Ken Rozell, Chief Assistant City Attorney; Jason Benites, Police Chief; Denise Shadinger, Assistant Chief of Police; Alexander Hamilton, Fire Chief; Michael Wolfe, Public Works Director; Joseph Marcinko, Assistant Public Works Director; Steve Howlett, Assistant Public Works Director; Tatiana Arnaout, City Engineer; Betsy George, Chief Financial Officer; Steve Naveau, Human Resources Director; Emilio Ramirez, Housing Director; Elsa Brown, Affordable Housing Manager; Eden Alomeri, Revenue & Licensing Director & Assistant City Treasurer; and Rose Chaparro, City Clerk.
Staff member Brian Yanez, Assistant Public Works Director participated via videoconference.
Sudhir Pardiwala, Executive Vice President; Cleo Koenig, Associate Consultant; Steve Gagnon, Senior Manager; and Gina De Pinto, Manager consultants with Raftelis Financial Consultants, Inc.; as well as Christian Sprunger, Assistant Vice President at NHA Advisors also participated via videoconference.
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS (None received.) C. CLOSED SESSION (4:30 PM)
1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Government Code Section 54956.9(d)(1))
Name of case: Moving Oxnard Forward, Inc.; et al. v. City of Oxnard Ventura County Superior Court Case No. 56-2021-00557585-CU-WM-VTA Legislative Body: City Council
At 4:33 p.m., the City Council recessed to a closed session. At 5:10 p.m., the City Council reconvened in open session in the Council Chambers. The City Attorney announced that there were no reportable actions out of closed session.
D. OPENING CEREMONIES (5:10 PM)
The flag salute was followed by a moment of silence.
21 DECEMBER 20, 2022 OXNARD CITY COUNCIL PAGE 2
E. CEREMONIAL ITEMS
1. SUBJECT: Presentation of Resolution No. 15,655 Commending Karl Lawson for Thirty-Three Years of Exemplary Service to the City of Oxnard.
Mayor Zaragoza presented Resolution No. 15,655 to Karl Lawson, who retired after working for the City of Oxnard for over thirty-three years. Karl Lawson made some remarks, followed by remarks from the Council and staff. Council congratulated Karl on his retirement and thanked him for his years of service and dedication to the residents of Oxnard. Karl Lawson introduced his family and said a few words. Public comments were received from Yukio Okano and Barbara Macri-Ortiz.
It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Perello, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion carried 6-0.
2. SUBJECT: Presentation of a Commendation to Oxnard College Men's Soccer Team for Winning the California State Championship Title.
Mayor Zaragoza presented a proclamation to the Oxnard College men’s soccer team for winning the California Community College Athletic Association (CCCAA) State Championship title, in a match against defending champions Mt. San Antonio College. The title marks Oxnard College’s second state championship in seven years and the end of an impressive 2022 season. Coach Greaney, Oxnard College’s head men’s soccer coach, stated that it has been an incredible season and the entire Oxnard Community can be extremely proud of the team, they are extremely fortunate to live in a community where young people blossom like these men. Coach Greaney has built one of the strongest soccer teams in California and a real gem in the athletic department for Oxnard College. The entire team including coaches and players were acknowledged and congratulated for their accomplishments by Council and staff. Coach Greaney said a few words and thanked Council and staff for this presentation.
3. SUBJECT: Declare Results of the Canvass of Returns of the November 8, 2022 General Municipal Election and Administer the Oath of Office.
RECOMMENDATION: That the City Council:
1. Adopt Resolution No. 15,660 Declaring the Results of the Canvass of Returns of the November 8, 2022 General Municipal Election in the City of Oxnard; and
2. Authorize the City Clerk to administer the oath of office to the newly re-elected officers, Gabriela Basua, Bert E. Perello, and Gabriel Teran, followed by remarks from the Councilmembers.
Rose Chaparro, City Clerk administered the Oath of Office to newly elected officers Bert E. Perello, Councilmember (District 1); Gabe Teran, Councilmember (District 2); and Gabriela Basua, Councilmember (District 5). The newly re-elected installed officials made some remarks, followed by remarks from the Council and City Manager. Public comments were also received from Armando Gonzalez, Representative from Congresswoman Julia Andrews Brownley’s Office (D-CA 26th District) and Steven Auclair.
The City Clerk gave a report. Discussion ensued among the Council and staff.
A motion was made by Council to adopt Resolution No. 15,660 declaring the results of the canvass of 22 DECEMBER 20, 2022 OXNARD CITY COUNCIL PAGE 3
returns of the November 8, 2022 General Municipal Election in the City of Oxnard. The final official canvass shows that Bert E. Perello was the successful candidate for Council District 1, Gabriel Teran for Council District 2, and Gabriela Basua for Council District 5 and the passage of Ballot Measure "C" which was approved by the requisite majority of votes cast. This was followed by a brief recess.
It was moved by Councilmember Madrigal, seconded by Mayor Pro Tem MacDonald, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion carried 6-0.
F. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Public comments were received from Lawrence Stein (Public Records Requests) and Manuel Herrera (General Election Results). Received written comment letter from Caitlin Brooks, AICP, Program Manager - Transportation Planning with the Ventura County Transportation Commission (Draft Comprehensive Transportation Plan (CTP) release).
G. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
City Manager Nguyen introduced Tatiana B. Arnaout, P.E., City Engineer and Tim Beaman, Supervising Civil Engineer with the Public Works Department who presented and provided information on the upcoming new water meter replacement project for City residents. For additional information visit the website at www.oxnardwater.org or call (805) 385-8136.
H. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY
BUSINESS/COMMITTEE REPORTS
1. City Manager Department
SUBJECT: Appointment of Councilmembers to Serve on Various Boards, Commissions, and Committees to replace Councilmember Lopez. (5 minutes)
RECOMMENDATION: 1. That the Mayor, with the approval of the City Council, appoint members and alternates from the City to the:
a) Beach Erosion Authority for Control of Operations & Nourishment (one primary); b) Clean Power Alliance Board of Directors (one alternate); c) Economic Development Collaborative - Ventura County (one primary); d) Regional Defense Partnership for the 21st Century (one primary); e) Ventura County Regional Energy Alliance (one alternate); and
2. That the City Council, as a whole, appoint one Councilmember to the Oxnard Airport Authority.
It was moved by Councilmember Perello, seconded by Councilmember Teran, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion carried 6-0.
CITY COUNCIL REPORTS
Mayor Pro Tem MacDonald attended the Ventura County Transportation Commission (VCTC) meeting.
The commission released a draft of the comprehensive transportation plan (CTP), long range plan addressing the future of transportation for the next 30-40 years. The draft is available at the VCTC website at www.goventura.org\ctp. The Commission is looking for feedback from community members, cities, and 23 DECEMBER 20, 2022 OXNARD CITY COUNCIL PAGE 4
other stake holders. If you would like to comment on the plan, visit the website and submit comments prior to January 10, 2023.
Councilmember Perello attended various meetings including the BICEP Insurance, Fox Canyon Groundwater Management Agency, and Ventura Regional Sanitation District (VRSD) meetings. He also attended the Marina West Neighborhood Council meeting. He thanked the voters for bringing back the incumbent elected officials. He also thanked the voters for their support of Measure E. He congratulated Officer Hector Valderama for his retirement from the Oxnard Police Department after 25 years of service to the residents of the City of Oxnard.
Councilmember Basua wished everyone happy holidays.
Councilmember Madrigal thanked residents and staff for volunteering and organizing events to help others in the community during the holidays. He thanked the residents for giving back to the community and holding events to provide toys to the children in the communities. He also thanked the local businesses for donated toys to give to the children during the holidays. He attended a posada in the Rose Park neighborhood with Mayor Zaragoza. He reminded residents to do the right thing and get along with others.
He wished everyone a Merry Christmas.
Councilmember Teran attended the South Bank Neighborhood Council meeting. He commented that they have a great Executive Board and had a good turnout at this meeting. He attended the Santa’s Workshop organized by the Police Activities League. He thanked the Recreational & Community Services Department at the local community organizations for working together to organize many holiday events, including Santa’s Float. He congratulated the Oxnard College Men’s Soccer Team and commented that they are representing the City of Oxnard well. He thanked Ms. Calderon from Chavez School for inviting him to speak to her dual language class. He also thanked Delia Soto, Special Education Teacher, at Pacifica High School for organizing and finding resources to make a special event a possibility for her students. He wished happy holidays to all the residents.
Mayor Zaragoza also attended the potluck holiday event at Rose Park neighborhood with Councilmember Madrigal. He also attended a special event at Casa Lopez with Javier Lopez to serve lunch to over 200 underserved residents. He presented commendations to several residents of Oxnard to celebrate and acknowledge their 100+ year birthdays. The Mayor acknowledged and thanked the Police and Fire Departments staff for their service, hard work and dedication to the residents of Oxnard. He also wished all the residents of Oxnard happy holidays.
I. REVIEW OF INFORMATION/CONSENT AGENDA
Items K-1 through K-9 were discussed among the Council and staff. Consent item K-9 was pulled from the agenda.
J. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
Public comments were received from Lawrence Stein (K.2) and Patricia Brown (K.2).
K. INFORMATION/CONSENT AGENDA
1. City Clerk Department
SUBJECT: Approval of Minutes.
RECOMMENDATION: That the City Council approve the minutes of the November 15, 2022 24 DECEMBER 20, 2022 OXNARD CITY COUNCIL PAGE 5
regular meetings as presented.
2. Public Works Department
SUBJECT: Adoption of Ordinance No. 3019 Amending Chapter 22, Article VIII of the Oxnard City Code Regarding Water Waste (Non-Urgency).
RECOMMENDATION: That the City Council adopt Ordinance No. 3019 amending certain sections of Article VIII of Chapter 22 of the Oxnard City Code and implementing water conservation measures that is entitled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD AMENDING CHAPTER 22, ARTICLE VIII OF THE OXNARD CITY CODE TO
COMPLY WITH AND ENFORCE EMERGENCY DROUGHT-RELATED WATER USE RESTRICTIONS”; and find Ordinance No. 3019 is not subject to the California Environmental Quality Act pursuant to California Code of Regulations, Title 14, Chapter 3, sections> 15060(c)(2), 15050(c)(3) and 15601(b)(3).
(This item did not originate in Committee.)
3. Public Works Department
SUBJECT: Adoption of Ordinance No. 3020 Amending Section 8-2 of Article I of Chapter 8 of the Oxnard City Code.
RECOMMENDATION: That the City Council adopt the 2022 Speed Limit Ordinance No. 3020 amending Section 8-2 of Article I of Chapter 8 of the Oxnard City Code, which is entitled:
"ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD AMENDING SPEED LIMITS".
(Public Works and Transportation Committee approved 2-0.)
4. Public Works Department
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.)
5. Public Works Department
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.
25 DECEMBER 20, 2022 OXNARD CITY COUNCIL PAGE 6
(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.)
6. Police Department
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.)
7. Police Department
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.
8. Fire Department
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.)
9. Fire Department – This item was pulled from the agenda.
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.
Consent Items K.1 – K.8:
It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Teran, to approve the Information/Consent items as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran and Zaragoza voted in favor; motion carried 6-0.
26 DECEMBER 20, 2022 OXNARD CITY COUNCIL PAGE 7
Information/Consent Item K.9 was pulled from the agenda.
L. REPORTS
1. Human Resources Department
SUBJECT: Approval of Memorandum of Understanding with the International Association of Firefighters.
RECOMMENDATION: That the City Council of the City of Oxnard adopt Resolution No. 15,656 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.)
Steve Naveau, Human Resources Director and Mike More, Human Resources Risk Manager presented and answered questions. Public comments were received from Ray Blattel. Discussion ensued among the Council and staff.
It was moved by Councilmember Perello, seconded by Councilmember Teran, to approve the recommended action as presented. VOTE: Basua, Madrigal, MacDonald, Perello, Teran, and Zaragoza voted in favor; motion carried 6-0.
2. Public Works Department
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.
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 27 DECEMBER 20, 2022 OXNARD CITY COUNCIL PAGE 8
City Council.)
Tatiana B. Arnaout, P.E., City Engineer presented and answered questions. No public comments were received. Discussion ensued among the Council and staff.
It was moved by Councilmember Basua, seconded by Councilmember Perello, to approve the recommended action as presented. VOTE: Basua, Madrigal, MacDonald, Perello, Teran, and Zaragoza voted in favor; motion carried 6-0.
3. Public Works Department
SUBJECT: Water Cost of Service Report.
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.) Joseph Marcinko, Assistant Public Works Director and Michael Wolfe, Public Works Director presented and answered questions. Public comments were received from Lawrence Stein. Discussion ensued among the Council and staff. Report was received and filed, no formal action required.
4. Public Works Department
SUBJECT: Agreement 32300052 with Garcia’s Landscaping Maintenance, Inc. for On-Call Grid Pruning Services, Specification No. PW 23-38.
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.) Steve Howlett, Assistant Public Works Director presented and answered questions. Michael Wolfe, Public Works Director was also available to answer questions. No public comments were received.
Discussion ensued among the Council and staff.
It was moved by Councilmember Perello, seconded by Councilmember Basua, to approve the recommended action as presented. VOTE: Basua, Madrigal, MacDonald, Perello, Teran, and Zaragoza voted in favor; motion carried 6-0.
5. Public Works Department
SUBJECT: Agreement 32300084 with Garcia’s Landscaping Maintenance, Inc. for On-Call Tree Maintenance Services, Specification No. PW 23-39.
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 28 DECEMBER 20, 2022 OXNARD CITY COUNCIL PAGE 9
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.) Michael Wolfe, Public Works Director presented and answered questions. No public comments were received. Discussion ensued among the Council and staff.
It was moved by Councilmember Basua, seconded by Councilmember Madrigal, to approve the recommended action as presented. VOTE: Basua, Madrigal, MacDonald, Perello, Teran, and Zaragoza voted in favor; motion carried 6-0.
6. Finance Department
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.
RECOMMENDATION: That the City Council adopt Resolution No. 15,657 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.
Betsy George, Chief Financial Officer introduced Christian Sprunger, Assistant Vice President at NHA Advisors, who presented and answered questions. Public comments were received from Lawrence Stein.
Discussion ensued among the Council and staff.
It was moved by Councilmember Teran, seconded by Mayor Pro Tem MacDonald, to approve the recommended action as presented. VOTE: Basua, MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor; motion carried 6-0.
7. Fire Department
SUBJECT: Purchase Order for a Ladder Truck.
RECOMMENDATION: That the City Council authorize approval of a purchase order for a tractor drawn aerial ladder truck (ladder truck) from South Coast Emergency Fire Equipment in the amount of $1,776,923.96.
(Finance and Governance Committee approved 3-0.)
Alexander Hamilton, Fire Chief presented and answered questions. No public comments were received.
Discussion ensued among the Council and staff.
It was moved by Mayor Zaragoza, seconded by Councilmember Teran, to approve the recommended action as presented. VOTE: Basua, Madrigal, MacDonald, Perello, Teran, and Zaragoza voted in favor; motion carried 6-0.
29 DECEMBER 20, 2022 OXNARD CITY COUNCIL PAGE 10
8. Fire Department
SUBJECT: Purchase Order for Upfitting 8 Command Vehicles.
RECOMMENDATION: That the City Council:
1) Approve and authorize the execution of a purchase order with National Auto Fleet in the amount of $1,053,108.82 for the upfitting of eight (8) Battalion Chief Command vehicles by 911 Vehicles; and
2) Authorize a budget appropriation recognizing revenue from the proposed equipment financing and appropriating $490,656.58 to the Lease Purchase Equipment Fund (313) and the corresponding Capital Outlay Fund (301, Project C2203 - Command Vehicles-8). (Finance and Governance Committee approved 3-0.)
Alexander Hamilton, Fire Chief presented and answered questions. No public comments were received.
Discussion ensued among the Council and staff.
It was moved by Councilmember Teran, seconded by Mayor Zaragoza, to approve the recommended action as presented. VOTE: Basua, Madrigal, MacDonald, Perello, Teran, and Zaragoza voted in favor; motion carried 6-0.
M. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 8:54 p.m.
ROSE CHAPARRO JOHN C. ZARAGOZA
City Clerk Mayor
30 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.2
DATE: January 17, 2023
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Purchase Order #7991 Change Order with Velocity Truck Centers.
RECOMMENDATION
That the City Council approve and authorize the Purchasing Agent to execute a Purchase Order Change Order with Velocity Truck Centers for an additional $116,278.00 for a new not-to-exceed amount of $8,476,576.80 for the purchase of refuse trucks for the Environmental Resources Division. (This item is not subject to the California Environmental Quality Act.) (The original Purchase Order with Velocity Truck Centers was approved by Council on March 2, 2021.)
BACKGROUND
On March 2, 2021, the City Council approved Purchase Order #7991 with Velocity Truck Centers for an amount not to exceed $8,360,298.80 for the purchase of 26 refuse trucks. On April 1, 2021 the local Oxnard sales tax increased from a rate of 7.75% to 9.25%. All refuse trucks from Velocity Truck Centers that were received after April 1, 2021 through August 11, 2022 resulted in an added cost of $116,278.00 due to the sales tax increase.
DISCUSSION
The amount of the Purchase Order subject to the new tax rate is $7,751,825.27 which amounts to $717,043.84 since all vehicles were received after April 1, 2021. The non-taxable amount is $7,707 which is for the California Tire Recycle Fee and Extended Warranty. Therefore, staff recommends amending Purchase Order #7991 in the amount of $116,278.00 increasing the amount not-to-exceed from $8,360,298.80 to $8,476,576.80 for the purchase of refuse trucks for the Environmental Resources Division.
Velocity Truck
Center
March 2, 2021 Tax Amount -
7.75% Rate
April 1, 2021 Tax Amount -
9.25% Rate
Tax
VARIANCE
Residential $240,505.75 $287,055.25 $46,549.50
Commercial $216,947.31 $258,937.11 $41,989.80
Industrial $98,953.16 $118,105.39 $19,152.23
Rear Loader $44,360.24 $52,946.09 $8,585.85
TOTAL $600,766.46 $717,043.84 $116,277.38
31 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
There are sufficient funds budgeted and currently available in the Environmental Resources Enterprise Fund (Project Number C2125 “Refuse Vehicles and Trailers”) to cover the cost of the increased sales tax in the amount of $116,278.00 for the purchase of refuse trucks in Fiscal Year 2022-23. This has no impact on the General Fund.
COMMITTEE OUTCOME
The original Purchase Order with Velocity Truck Centers was previously approved by the Public Works and Transportation Committee on February 9, 2021 and subsequently approved by Council on March 2, 2021 Prepared by: Brian Yanez, Assistant Public Works Director
ATTACHMENTS
1. Original PO 7991 Velocity
2. Council Staff Report 3-2-2021 - Purchase of Vehicles and Trailers 32 VENDOR PHONE: (562)447-1260
VENDOR FAX: ( ) -
VENDOR #: 19164 P
VENDOR ADDRESS: VELOCITY TRUCK CENTER OF VC SHIP TO: ENVIRONMENTAL RESOURCES P.O. BOX 101284 DEL NORTE RECYCLING CTR.
PASADENA, CA 91189-1284 111 DEL NORTE BLVD.
OXNARD, CA 93030
Our P.O. # MUST Appear on ALL Invoices, Packages and Correspondence DELIVER BY REQUISITION # REQUISITION DATE CONFIRMED BY
01/11/2021 0000005265 01/11/2021 FORMELY BIG T'S
FOB ACCOUNT NUMBER AUTHORIZED BY
63168808268606 DANIEL WILLHITE
ITEM
#
QUANTITY/
UNIT
DESCRIPTION
ARTICLE OR SERVICE
UNIT
COST
EXTENDED
COST
By acceptance of this purchase order, you agree to the attached terms and conditions of the City of Oxnard
PURCHASE ORDER
CITY OF OXNARD
300 WEST 3RD STREET
OXNARD, CA 93030
PURCHASE
ORDER NO.
007991
DATE: 2/11/2021
1 8,360,298.8
0 / DL
REFUSE COLLECTION TRUCKS
1.0000 8,360,298.
80 Y
BA PENDING PWTC 2.9.21 #2021-1096 AND COUNCIL
$10,189,922
In order to receive payment, email all invoices to:
[email protected]
In the subject line, reference the Purchase
Order number above.
TOTAL PURCHASE AMOUNT $8,360,298.80
AUTHORIZED SIGNATURE. _______________________
33
PURCHASE ORDERS
TERMS AND CONDITIONS
The City Purchasing Officer and the Vendor agree as follows:
1. Vendor shall furnish to City the labor, materials, equipment, supplies and/or services described in the Purchase Order preceding this page.
2. City shall pay to Vendor the price, or prices, specified in the Purchase Order upon delivery of the labor, materials, equipment, supplies and/or services, and acceptance thereof by the City Purchasing Officer, or upon the completion of the services to be performed and acceptance thereof.
3. If the Purchase Order is continuing in nature, City shall pay to Vendor the amount due Vendor for labor, materials, equipment or supplies furnished, or services completed and accepted.
4. Vendor shall deliver the labor, materials, equipment or supplies, or cause the services to be performed, within the time and in the manner specified in the Purchase Order. Vendor shall be excused in performance for delays resulting from causes beyond the control of Vendor.
5. If services are performed or labor furnished to City under the Purchase Order, Vendor agrees to indemnify, hold harmless and defend City, its City Council, and each member thereof, and every officer, employee, representative or agent of City, from any and all liability claims, demands, actions, damages (whether in contract or tort, including personal injury, death at any time, or property damage), costs and financial loss, including all costs and expenses and fees of litigation or arbitration, that arise directly or indirectly from any acts or omissions related to this Agreement performed by Vendor or its agents, employees, subcontractors, consultants and other persons acting on Vendor’s behalf. This agreement to indemnify, hold harmless and defend shall apply whether such acts or omissions are the product of active negligence, passive negligence, willfulness or acts for which Vendor or its agents, employees, subcontractors, consultants and other persons acting on Vendor’s behalf would be held strictly liable. Vendor’s obligation to defend shall arise when a claim, demand or action is made or filed, whether or not such claim, demand or action results in a determination of liability or damages as to which Vendor is obligated to indemnify and hold harmless.
6. Insurance
a) Vendor shall obtain and maintain during the performance of any services under this Agreement the following insurance coverage issued by a company satisfactory to the Risk Manager, unless the Risk Manager waives, in writing, the requirement that Vendor obtain and maintain such insurance coverage.
i. Commercial general liability insurance, including a contractual liability endorsement, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability coverage (Occurrence Form CG0001ED, November 1988); ii. 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 Auto Liability Insurance Services Office coverage (Occurrence Form CA000TED, June 1992) covering Code No. 1, “any auto”; iii. Workers’ compensation insurance in compliance with the laws of the State of California, including employer’s liability insurance in an amount not less than $1,000,000 per claimant.
7. Vendor, in the performance of any services or the furnishing of any labor under this Purchase Order, shall be considered an independent contractor, and Vendor and Vendor’s agents and employees shall not be considered officers or employees of the City.
8. Vendor, without the written consent of the City Purchasing Officer, shall not:
a) Assign the Purchase Order, or any interest therein, or any money due thereunder; or b) Make any changes, alterations or variations in the terms of the Purchase Order.
9. The cost of inspection on deliveries, or offers to make deliveries that do not meet specifications, will be paid by Vendor or deducted by City from amounts due Vendor.
10. Vendor shall indemnify and hold harmless City, its officers and employees, from liability, claims, loss or expense of any kind or nature on account of any copyrighted or uncopyrighted composition, patented or unpatented process or invention, article or appliance furnished or used under this Purchase Order.
11. Vendor shall comply with all applicable federal, state and local ordinance, laws and regulations and shall obtain and pay for all required licenses and permits, including a City of Oxnard business license.
12. Return or exchange of materials, equipment or supplies will not be permitted without written approval by the City Purchasing Officer.
13. All materials, supplies and equipment furnished under the Purchase Order shall, where applicable, be in full compliance with the Safety Orders and Regulations of the Division of Industrial Safety of the State of California and the Williams-Steiger Federal Occupational Health and Safety Act of 1970.
14. City may terminate this Purchase Order at any time by giving written notice of termination to Vendor. If termination is for cause, termination shall become effective on the date of the notice or at a later date, specified in the notice. If termination is without cause, termination shall become effective five days after the date of the notice or at a later date specified in the notice.
15. Vendor shall comply with all applicable equal employment opportunity requirements of the California Department of Fair Employment and Housing in performing or contracting for any services under this Purchase Order.
16. For public projects, Vendor shall pay prevailing wages in accordance with Labor Code Sections 1720 et seq.
ADDITIONAL REQUIREMENTS FOR GRANT-FUNDED PROJECTS
17. The following requirements apply to any Purchase Order funded in whole or in part by federal grant funds. a) Upon expiration of the time specified on the reverse side, this Purchase Order shall terminate unless City and Vendor have mutually agreed in writing to an extension of time.
b) If legal action is brought by either party because the other has failed to comply with terms or conditions of this Purchase Order, the prevailing party shall be awarded its attorney’s fees and costs in addition to its damages and/or equitable relief. c) Vendor shall comply with all applicable requirements of Executive Order 11246 as amended by Executive Order 11375 and the regulations adopted pursuant thereto (41 CFR Chapter 60), which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin.
d) Vendor shall insure that the grantee (City), the Federal Grantor Agency, the Comptroller General of the United States, or any duly authorized representative, shall have access to any books, records, documents and papers, specifically relating to this Purchase Order, for the purpose of making audit, examination, excerpts and transcriptions for not less than three years after completion of the project and/or until the completion of the final project audit as required by the Federal Grants Agency.
34 CITY COUNCIL AGENDA REPORT
REPORTS
AGENDA ITEM NO. L.4
DATE: March 2, 2021
TO: City Council
FROM: Craig B, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Procurement of Vehicles and Trailers for the Environmental Resources Division. (0/10/10)
RECOMMENDATION
That the City Council approve and authorize:
1. The Mayor to execute Purchase Orders in the total amount of $10,189,921.49 for the purchase of new vehicles and accessories:
a. Purchase Order 7991 with Velocity Truck Center of VC for an amount not to exceed $8,360,298.80 for the purchase of:
i. Ten (10) new residential, compressed natural gas (CNG) vehicles with accessories for a cost of $3,343,980.80; ii. Nine (9) new commercial, compressed natural gas (CNG) vehicles with accessories for a cost of $3,016,424.97; iii. Five (5) new industrial, compressed natural gas (CNG) vehicles with accessories for a cost of $1,375,855.65; iv. Two (2) new rear-loader, compressed natural gas (CNG) vehicles with accessories for a cost of $624,037.38; b. Purchase Order 7993 with Pape' Kenworth for an amount not to exceed $906,092.30 for the purchase of seven (7) new semitractor transfer vehicles with accessories; c. Purchase Order 7992 with The Trailer Company for an amount not to exceed $923,530.39 for the purchase of ten (10) new transfer trailers with accessories; and
2. The City Manager to approve a budget appropriation in the amount of $10,189,922 to recognize proceeds from a lease purchase to finance the acquisition of refuse collection vehicles and transfer trailers for the Environmental Resources Division (Project 216804).
(Public Works and Transportation Committee approved 3-0) Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/fGByIT12jZ4
BACKGROUND
The Environmental Resources Division (ER) provides uninterrupted daily collection and removal of solid waste, recyclable material and organic waste material to approximately 40,000 residential single-family households and to approximately 15,000 commercial and multi-family dwelling units to ensure a sanitary environment. In Fiscal Year 2019-20, ER’s fleet collected 181,682 solid waste tons, 14,540 curbside recycle tons and 15,391 organic waste (greenwaste) tons from residential, multi-family and commercial sectors. The State of California enacted legislation through Assembly Bills 341, 939, 1826 and Senate Bill 1383 that mandate cities to recycle and divert material from the landfill. It is imperative that ER’s vehicle and trailer fleet is in good operating condition to collect solid waste, recyclable and organic waste material for the City to meet compliance of the mandates enacted by the State.
ER Fleet comprises more than ninety (90) vehicles that are used to collect and transfer solid waste, recyclables and organic (greenwaste) material. Residential, commercial, industrial (“rolloff”) and rear loader vehicles are used to collect solid waste, 35 recyclables, organic (greenwaste) and illegal dumping throughout the City of Oxnard. After these materials are received and processed at the Del Norte Facility, transfer semi tractor trailers convey them to contracted landfills and processors. Moving forward, it is imperative that the ER fleet upgrade and remain in good operating condition to meet customer demand and comply with State mandates.
DISCUSSION
Residential, Commercial and Industrial Vehicles
Residential Vehicles - Side-Loader
ER’s residential collection fleet currently consists of 29 vehicles: 19 diesel and 10 compressed natural gas (CNG). The residential fleet is assigned to eight (8) daily routes for solid waste collection, eight (8) daily routes for curbside recycle or organic waste collection and two (2) daily routes for special pickup and food waste collection. Secondary backup vehicles remain in the fleet to cover when primary vehicles are down for repair. The residential collection fleet currently has an average vehicle age of over 11 years and still includes diesel-fueled vehicles. Many of these vehicles have exceeded their seven (7) year usable life and are increasingly expensive in cost and time to service and repair. In order to maintain a reliable residential collection fleet, it is critical that the ER and Fleet Divisions maintain a comprehensive maintenance and vehicle replacement plan. The following table identifies 10 residential collection vehicles that are currently recommended for replacement:
Table 1
# Model
Year
Life Cycle
Years
Manufacturer Vehicle Identification Fuel Type Current
Mileage
1 1997 24 Volvo 3158 Diesel 140,480
2 1997 24 Volvo 3159 Diesel 235,579
3 2000 21 Volvo 3434 Diesel 111,198
4 2000 21 Volvo 3435 Diesel 126,295
5 2005 16 Autocar 05100 Diesel 137,493
6 2005 16 Autocar 05101 Diesel 186,774
7 2005 16 Autocar 05104 Diesel 107,894
8 2005 16 Autocar 05105 Diesel 120,954
9 2005 16 Autocar 05106 Diesel 149,815
10 2006 15 Autocar 06100 Diesel 121.227
After considerable vehicle platform research and availability of local vendors to supply parts and other services, the ER and Fleet Divisions selected the Autocar residential collection vehicle model. The selection of Autocar also ensures fleet commonality with regard to operator and mechanic training and leverages efficiencies not realized with dissimilar makes and models. The total cost of 10 side-loader residential CNG collection vehicles with accessories is $3,343,980.80.
The 10 vehicles identified in the table are designated for replacement and will be auctioned for their scrap salvage value. The remaining 19 vehicles will continue to operate in the ER residential fleet.
Commercial Vehicles
ER’s commercial collection fleet currently consists of 11 vehicles: six (6) diesel and five (5) CNG. The commercial fleet is assigned to 11 daily routes for solid waste collection and two (2) daily routes for curbside recycle material, organic waste and special bulky waste collection. The commercial collection fleet currently has an average age of over 12 years and still includes diesel-fueled vehicles. Secondary backup vehicles remain in the fleet to cover when primary vehicles are down for repair. Many of these vehicles have exceeded their seven (7) year usable life and are increasingly expensive in cost and time to service and repair. In order to maintain a reliable commercial collection fleet, and comply with State mandates on commercial recycling, it is critical that the ER and Fleet Divisions maintain a comprehensive preventative maintenance and vehicle replacement plan. The following table identifies six (6) commercial collection vehicles that are currently recommended for replacement:
36 Table 2
# Model
Year
Life
Cycle
Years
Manufacturer Vehicle
Identification
Fuel Type Current Mileage
1 1996 25 GMC 3082 Diesel 220,040
2 1997 24 Volvo 3098 Diesel Out of Service
3 2005 16 Autocar 05200 Diesel 143,165
4 2005 16 Autocar 05202 Diesel 117,524
5 2005 16 Autocar 05204 Diesel 177,673
6 2005 16 Autocar 05205 Diesel 185,202
After considerable vehicle platform research and availability of local vendors to supply parts and other services, the ER and Fleet Divisions selected the Autocar commercial collection vehicle model. The selection of Autocar also ensures fleet commonality with regard to operator and mechanic training and leverages efficiencies not realized with dissimilar makes and models. The total cost of nine (9) front-end loader commercial CNG collection vehicles with accessories is $3,016,424.97.
The six (6) vehicles identified in the table are designated for replacement and will be auctioned for their scrap salvage value. The remaining five (5) vehicles will continue to operate in the ER commercial fleet.
Industrial Vehicles
ER’s industrial collection fleet currently consists of 11 vehicles: six (6) diesel and five (5) CNG. The industrial fleet is assigned to seven (7) daily routes for solid waste collection. Secondary backup vehicles remain in the fleet to cover when primary vehicles are down for repair. The industrial collection fleet has an average vehicle age of over 13 years and still includes diesel-fueled vehicles. Many of these vehicles have exceeded their seven (7) year usable life and are increasingly expensive in cost and time to service and repair. In order to maintain a reliable industrial collection fleet, it is critical that the ER and Fleet Divisions maintain a comprehensive maintenance and vehicle replacement plan. The following table identifies five (5) industrial collection vehicles that are currently recommended for replacement:
Table 3
# Model
Year
Life Cycle
Years
Manufacturer Vehicle
Identification
Fuel Type Current
Mileage
1 1991 30 Whitfield 2852 Diesel 197,657
2 1998 23 Volvo 3294 Diesel 336,768
3 1999 22 Volvo 3292 Diesel 454,274
4 2001 20 Volvo 3439 Diesel 374,274
5 2001 20 Volvo 3440 Diesel 313,518
After considerable vehicle platform research and availability of local vendors to supply parts and other services, the ER and Fleet Divisions selected the Autocar industrial collection vehicle model. The selection of Autocar also ensures fleet commonality with regard to operator and mechanic training and leverages efficiencies not realized with dissimilar makes and models. The total cost of five (5) industrial, CNG collection vehicles with accessories is $1,375,855.65.
The five (5) vehicles identified in the table are designated for replacement and will be auctioned for their scrap salvage value. The remaining 6 vehicles will continue to operate in the ER industrial fleet.
Procurement of the Collection Vehicles for Residential, Commercial and Industrial Programs Staff recommends to piggyback on a bid issued by the City of Ontario (Ontario) on June 21, 2018 for 24 CNG powered refuse collection vehicles in lieu of issuing a formal request for bid. The City will acquire the 24 new CNG vehicles with competitive pricing previously vetted through a public agency competitive bid process completed by Ontario. As the low responsible bidder, Velocity Truck Centers was awarded the purchase order from Ontario and will honor the piggyback bid. Velocity Truck Centers is 37 a local vendor, located at 2501 Camino Del Sol in Oxnard. The proximity of Velocity Truck Centers to the Del Norte Facility and the City of Oxnard Fleet Garage provides quicker response times for maintenance and warranty work not provided by the City’s Fleet Division.
Rear Loader Vehicles
The ER 311 fleet only includes one (1) diesel-fueled, rear-loader collection vehicle. This vehicle is used to manage collection services related to the Oxnard 311 and Neighborhood Cleanup programs. This vehicle #10300, was purchased in 2010 and has accumulated 100,947 miles. At over 10 years old, it has exceeded its seven (7) year usable life and is increasingly expensive in cost and time to service and repair. Additionally, there is no backup to provide continued service when it is down for maintenance.
In order to maintain a reliable service to the 311 and Neighborhood Cleanup programs, it is critical that ER operate two (2) rearloader, CNG collection vehicles in the fleet. The following table identifies the one (1) rear loader vehicle recommended for replacement with two (2) new rear loaders:
Table 4
# Model Year Life Cycle
Years
Manufacturer Vehicle Identification Fuel Type Current
Mileage
1 2010 10 Autocar 10300 Diesel 100,947
After considerable vehicle platform research and availability of local vendors to supply parts and other services, the ER and Fleet Divisions selected the Autocar rear-loader, CNG collection vehicle model. The selection of Autocar also ensures fleet commonality with regard to operator and mechanic training and leverages efficiencies not realized with dissimilar makes and models. The total cost of two (2) rear-loader, CNG collection vehicles with accessories is $624,037.38. Vehicle #10300 will be auctioned for its scrap salvage value.
Procurement of the Rear Loader Vehicles
Staff recommends to piggyback on a bid issued by the City of Glendale (Glendale) on March 25, 2019 for two (2) CNG powered rear loader collection vehicles in lieu of issuing a formal request for bid. The City will acquire the two (2) new CNG vehicles with competitive pricing previously vetted through a public agency competitive bid process completed by Glendale. As the low responsible bidder, Velocity Truck Centers was awarded the purchase order from Glendale and will honor the piggy back bid.
Velocity Truck Centers is a local vendor, located at 2501 Camino Del Sol in Oxnard. The proximity of Velocity Truck Centers to the Del Norte Facility and the City of Oxnard Fleet Garage provides quicker response times for maintenance and warranty work not provided by the City’s Fleet Division.
Transfer/Semi Tractors
ER’s transfer fleet currently consists of 12 diesel-fueled, semi-tractor vehicles. Semi-tractors are used six (6) days per week to transfer material from the Del Norte Regional Recycling and Transfer Station to contracted landfills and material processors. Each semi-tractor pulling a trailer hauls an average of 21 tons per trip at four trips per day to landfills and material processing facilities.
The transfer fleet currently has an average vehicle age of over 21 years. Many of these vehicles have exceeded their 10 year usable life and are increasingly expensive in cost and time to service and repair. These are all diesel-fueled vehicles that connect to trailers to haul solid waste and other material to permitted landfills and material processing facilities. Unlike collection vehicles previously discussed herein, CNG fueled semi tractors are still an emerging technology, with limited suppliers and service providers. In order to maintain a reliable transfer fleet and minimize the use of supplemental hauling, it is critical that the ER and Fleet Divisions maintain a comprehensive maintenance and vehicle replacement plan. The following table indicates transfer vehicles that are currently recommended for replacement:
Table 5
# Model Life Cycle Manufacturer Vehicle Fuel Type Current Mileage 38 Year Years Identification
1 1996 25 Kenworth 3110 Diesel 675,910
2 1996 25 Kenworth 3113 Diesel 673,803
3 1996 25 Kenworth 3114 Diesel 720,472
4 1996 25 Kenworth 3115 Diesel 810,138
5 1997 24 Kenworth 3144 Diesel 801,652
6 2000 21 Kenworth 3355 Diesel Out of Service
7 2002 19 Kenworth 3535 Diesel 628,846
8 2002 19 Kenworth 3536 Diesel 750,027
9 2002 19 Kenworth 3537 Diesel 779,458
After considerable vehicle platform research and availability of local vendors to supply parts and other services, the ER and Fleet Divisions selected the Kenworth semi-tractor transfer vehicle model. For this round of procurement, staff recommends continued use of diesel-fueled semi-tractor transfer vehicles. The ER and Fleet Divisions will continue to evaluate alternative fuel options-- including electric--for future procurement related to the semi-tractor transfer fleet. The selection of Kenworth ensures fleet commonality with regard to operator and mechanic training and leverages efficiencies not realized with dissimilar makes and models. The total cost of seven (7) semi-tractor transfer vehicles with accessories is $906,092.30.
The nine (9) vehicles in the table are designated for replacement and will be auctioned for their scrap salvage value. The remaining 3 vehicles will continue to operate in the ER transfer fleet.
Procurement of the Semi-Tractors
The City, under the current Purchasing Policy, participates in the cooperative procurement program “Sourcewell.” Under this program, the City is a Sourcewell Member and is able to benefit from the global solicitation of semi-tractor under Kenworth manufacturer contracts. The Fleet Division (Fleet) researched national purchasing agreements for Kenworth semi-tractors that offered economies of scale pricing and were competitively solicited. Fleet identified a Sourcewell Cooperative Contract Number 060920-KTC for the seven (7) Kenworth semi-tractors. Sourcewell awarded Kenworth Truck Company Division of PACCAR, Incorporated the contract to provide the Kenworth semi-tractor.
Transfer/Trailers
ER’s transfer trailer fleet currently consists of 11 transfer trailers. These trailers are connected to the semi-tractor transfer vehicles described above. The transfer trailer fleet currently has an average trailer age of over 21 years. Most of these transfer trailers have exceeded their seven (7) year usable life and are increasingly expensive in cost and time to service and repair. This also requires the transfer operation to rely more heavily upon contracted supplemental haulers. In order to maintain a reliable transfer trailer fleet, it is critical that the ER and Fleet Divisions maintain a comprehensive maintenance and vehicle replacement plan.The following table identifies transfer fleet trailers that are currently recommended for replacement:
Table 6
# Model Year Life Cycle Years Manufacturer Vehicle Identification 1 1996 25 Peer 3120
2 1996 25 Peer 3129
3 2000 21 Peer 3356
4 2000 21 Peer 3357
5 2002 19 Peer 3538
6 2002 19 Peer 3539
7 2002 19 Peer 3540
8 2004 17 Peer 3735
9 2004 17 Peer 3736
10 2004 17 Peer 3737
After considerable transfer trailer platform research and availability of local vendors to supply parts and other services, the ER 39 and Fleet Divisions selected The Trailer Company. The selection of The Trailer Company also ensures transfer trailer fleet commonality with regard to operator and mechanic training and leverages efficiencies not realized with dissimilar makes and models. The Environmental Resources and Fleet Divisions recommend procurement of 10 transfer trailers with accessories at a cost of $923,530.39.
The 10 transfer trailers identified in the table are designated for replacement and will be auctioned for their scrap salvage value.
The remaining one (1) trailer will continue to operate in the ER transfer fleet.
Procurement of the Transfer Trailers
Staff recommends to piggyback on a bid issued by the County of Kern (Kern) on November 5, 2018 for 10 transfer trailers in lieu of issuing a formal request for bid. The City will acquire the 10 new transfer trailers with competitive pricing previously vetted through a public agency competitive bid process completed by Kern. As the low responsible bidder, The Trailer Company was awarded the purchase order from Kern and will honor the piggyback bid. The Trailer Company is located at 234 Mt. Vernon Avenue, Bakersfield, California.
STRATEGIC PRIORITIES
This agenda item is a routine operational item or does not relate to the four strategic plans adopted by City Council on May 17, 2016.
FINANCIAL IMPACT
The total cost for the 43 vehicles and trailers is $10,189,921.49. Staff will proceed with a Request for Proposal to seek a financial institution providing the best cost-effective lease purchase financing arrangement. Staff will return to the Finance and Governance Committee and to the City Council recommending approval of a Master Lease Agreement for Equipment and the selection of a lease purchase provider. A lease option to purchase agreement provides financing at low interest rates allowing the Environmental Resources Enterprise Fund to efficiently utilize working capital.
A budget appropriation in the amount of $10,189,922 in the Environmental Resources Fund (631) in Project #216804 will recognize proceeds from the eventual lease purchase to finance the acquisition of the vehicles and trailers. Annual payments for the vehicles and trailers under the lease purchase will be included in future annual budget requests. After completing the RFP process for a lease-purchase financing, staff will return to the Finance and Governance Committee and to the City Council recommending approval of a Master Lease Agreement for Equipment with the payment terms and interest rate of the lease purchase for the vehicles and trailers. Staff expects the financing to be in place before the City needs to pay for the equipment, which takes months to manufacture and prepare for delivery.
COMMITTEE OUTCOME
The Public Works and Transportation Committee approved 3-0 on February 9, 2021 to approve the staff recommendation and to forward the item for Council approval.
Prepared by: Todd Vasquez-Housley, Environmental Resources Division Manager, Brian Yanez, Assistant Public Works Director
ATTACHMENTS
1. PO 7991 Velocity
2. PO 7993 Kenworth
3. PO 7992 The Trailer Co
4. Budget Appropriation for Refuse Vehicles and Trailers 40 5. Residential Vehicle - City of Ontario Quote from Velocity Truck Centers
6. Commercial Vehicle - City of Ontario Quote from Velocity Truck Centers
7. Industrial Vehicle - City of Ontario Quote from Velocity Truck Centers
8. Rear Loader Vehicle - City of Glendale Quote from Velocity Truck Centers
9. Semi-Tractor Vehicle - Sourcewell Cooperative Contract No. 060920-KTC
10. Transfer Trailers - County of Kern Quote from The Trailer Company
11. Presentation
41 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.3
DATE: January 17, 2023
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Agreement 32300160 with Venco Electric Inc. for Advanced Water Purification Facility Finished Water Pump Variable Frequency Drive Electrical Rehabilitation Project, Specification No. PW 23-04.
RECOMMENDATION
That the City Council approve and authorize the following for a total of $262,560.00 in Project funds for the Advanced Water Purification Facility Finished Water Pump Variable Frequency Drive Electrical Rehabilitation Project (No. 226504/C2023):
1. The execution of an Agreement with Venco Electric Inc. in the amount of $218,800.00 for the Project;
2. A Project contingency amount of $21,880.00 for the Project; and
3. A Project allocation amount of $21,880.00 for engineering, inspection, and project management for the Project. (This item is categorically exempt from the California Environmental Quality Act pursuant to Title 14 of the California Code of Regulations section 15301(b)).
(This item did not originate in Committee.)
BACKGROUND
The AWPF’s finished water pumps supply ultra pure water into the existing recycled water distribution system. The flow is controlled by a variable frequency drive (VFD) that adjusts the speed of the pump. VFDs are electrical equipment that have a limited useful life and will eventually fail. The VFD controlling one of the finished water pumps failed in early 2022. The Engineering Division engaged an on-call electrical engineer to evaluate repair vs. replacement. Replacement was chosen due to the similar cost, equal lead-time, and a new VFD having a longer useful life. This project is part of the AWPF Improvements - Phase 1, but has been fast-tracked due to necessity to have a functioning VFD.
Capital Improvement Program (CIP) Reference:
Project No. 206504 – Advanced Water Purification Facility Finished Water Pump Variable Frequency Drive Electrical Rehabilitation Project - Part of AWPF Improvements - Phase 1, Specification No. PW 23-04 - CIP 2022-2027 - Adopted May 3, 2022 – Page 89.
DISCUSSION
The specific work for this Project includes removal of an existing finished water pump VFD and installation of a new 600 HP, 480V active front end VFD. Additionally, the work includes configuring the new VFD to fit within the existing space, intercepting all existing cables, integration with existing City programing, and all other appurtenant and associated work in accordance with the Contract Documents. Replacing the VFD will increase reliability and redundancy of the AWPF, allowing the plant to continue to deliver produced water to customers. 42 The work is tentatively scheduled to begin in March 2023 and continue into December 2023 (270 working days). All work will occur inside the AWPF and not impact local residents.
The notice inviting formal bids (NIFB) on the Project was published on October 20, 2022, and all bids were due on and opened November 14, 2022. The City received the following bids:
Venco Electric Company: $218,800.00
Kiewit Infrastructure West Co.: $455,000.00
The lowest bidder is Venco Electric Inc. (Venco) and its bid is responsive to the City’s NIFB. Following this determination, procurement staff reviewed all documentation received from Venco 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 Venco Electric Inc.
In addition to the project award amount of $218,800.00, Staff recommends authorizing $43,760.00 for the project, which includes $21,880.00 for project contingency (10% of the contract costs) and $21,880.00 for the cost for engineering services and City staff time (10% of the contract cost). Engineering services include the following activities during construction: engineering, inspection, survey and project management. These recommendations bring the total estimated cost of the project to $262,560.00.
STRATEGIC PRIORITIES
This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.
FINANCIAL IMPACT
The total cost for this Project shall not exceed $262,560.00 which includes the construction agreement, contingency and project allocation. The Advanced Water Purification Facility Improvements Phase I Project C2023 (206504) has an available project budget balance of approximately $246,000 from the Water Resource Fee Fund (606) and $750,000 from the Water Bond Series 2004 Fund (607), a total available project budget balance of $996,000.
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Tatiana Arnaout, City Engineer
ATTACHMENTS
1. Agreement 32300160
43 Agreement No.: 32300160
1 CONTRACT
CITY OF OXNARD CONTRACT FOR
ADVANCED WATER PURIFICATION FACILITY FINISHED WATER PUMP VARIABLE
FREQUENCY DRIVE ELECTRICAL REHABILITATION PROJECT
SPECIFICATION NO. PW 23-04
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 VENCO ELECTRIC INC. (“Contractor”). Contractor’s license number is 446770.
In consideration of the covenants set forth herein, the parties hereto agree as follows:
1. Incorporation. The Contract consists of all Contract Documents, which shall include the Notice Inviting Bids, Instructions to Bidders, General Provisions, Special Provisions, Plans, Standard Plans, Greenbook, Reference Specifications, Bid (including documentation accompanying the Bid and post-Bid documentation submitted before the notice of award), insurance documentation, Bonds, the City business license, permits from regulatory agencies, Addenda, Change Orders and Supplemental Agreements. These documents are incorporated herein by reference.
2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as ADVANCED WATER PURIFICATION FACILITY FINISHED WATER
PUMP VARIABLE FREQUENCY DRIVE ELECTRICAL REHABILITATION PROJECT, SPECIFICATION NO. PW 23-04 (“Project”), as described in this Contract and in the incorporated Contract Documents.
3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of two hundred eighteen thousand eight hundred dollars ($218,800.00) 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 available to any interested party on request. Contractor and all Subcontractors are not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless registered and qualified to perform public work pursuant to Labor Code Section 1725.5 at the time of Bid submission.
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 44 Agreement No.: 32300160
2 employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”
7. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.
8. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
9. Entire Agreement. This Contract, including all incorporated documents, constitutes the entire agreement between the parties hereto with respect to the Project, and supersedes all previous agreements, promises, proposals, representations, understandings and negotiations, whether written or oral, between the parties regarding the subject matter.
10. Amendment. No Contract modification, amendment 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 transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Contract for all purposes.
[signatures on following page]
45 Agreement No.: 32300160
3 IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the first written above.
CITY OF OXNARD CONTRACTOR
John C. Zaragoza, Mayor1 Date Roy Martin, CEO 2 Date
☐ Alexander Nguyen, City Manager
☐ Purchasing Manager
☐ , Buyer
Jennifer Morris, Secretary Date
ATTEST:
Rose Chaparro, City Date
Clerk (only if Mayor signs)
APPROVED AS TO FORM:
Stephen M. Fischer, City Date
Attorney (always required)
1 The City Council must authorize and the Mayor must sign any agreement over $200,000 annually. The City Manager may authorize and sign any agreement over $100,000 but up to $200,000 annually. The Purchasing Manager may authorize and sign any agreement up 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.
46 Agreement No.: 32300160
4 Exhibit INS-G
INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS
(WITHOUT BUILDER’S RISK REQUIREMENT)
1. Contractor shall obtain and maintain during the performance of any services under this Contract the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Contractor, its agents, representatives, employees or subcontractors. a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $2,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project location or shall be twice the occurrence amount; b. Business Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;” c. If architectural, engineering, or electrical work will be performed under the Contract, 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 be project specific with at least a one year extended reporting period, or longer upon request. d. Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.
2. Contractor shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-G. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before work commences. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email (or fax if necessary) to the Risk Manager, addressed as follows (do not send hard copies):
City of Oxnard
Insurance Compliance
Reference No. 32300160
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007
3. Contractor agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M.
Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled by either party, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.
4. Contractor agrees that the Commercial General Liability and Business Automobile Liability Insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-G or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date 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 selfinsurance coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
6. Any deductibles or self-insured retentions must be declared to and approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its City Council, officers, employees and volunteers, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 47 Agreement No.: 32300160
5 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.
11/22
48 6
INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS Certificates of Insurance
The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City=s 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. 49 7
ACORD CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
CODE SUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE
INSURED COMPANY
LETTER A SPECIFY COMPANY NAMES IN THIS SPACE
COMPANY
LETTER B
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DD/YY)
LIMITS
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. 32300160
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
50 Agreement No.: 32300160
8 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 NAMED INSURED coverage. Per Occurrence Per Claim (which) APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
COMPREHENSIVE GENERAL LIABILITY
OWNERS & CONTRACTORS PROTECTIVE
Claims Made
Retroactive Date
Occurrence
OTHER PROVISIONS
COVERAGES
LIABILITY LIMITS IN THOUSANDS $
EACH OCCURRENCE AGGREGATE
GENERAL
PRODUCTS/COMPLETED OPERATIONS
PERSONAL & ADVERTISING INJURY
FIRE DAMAGE
CLAIMS: Underwriter=s representative for claims pursuant to this insurance.
Name:
Address:
Telephone: ( )
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured=s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company=s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED=S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Commercial General Liability Coverage, Aoccurrence@ form CG0001; or b. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.
Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD
Attn: Insurance Compliance
Reference No. 32300160
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
51 Agreement No.: 32300160
9 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 NAMED INSURED coverage. Per Occurrence Per Claim (which) APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE OTHER PROVISIONS
COMMERCIAL AUTO POLICY
BUSINESS AUTO POLICY
OTHER
LIMIT OF LIABILITY CLAIMS: Underwriter=s representative for claims pursuant to this insurance.
Name:
Address:
Telephone:( )
$ per accident, for bodily injury and property damage.
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured=s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company=s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED=S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office 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. 32300160
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
52 Agreement No.: 32300160
10 Bond No. __________
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Oxnard (“Agency”), State of California, has awarded to (“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as ADVANCED WATER PURIFICATION
FACILITY FINISHED WATER PUMP VARIABLE FREQUENCY DRIVE ELECTRICAL REHABILITATION PROJECT, SPECIFICATION NO. PW 23-04.
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of any Work, to file a good and sufficient Payment Bond with the Agency to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, and our heirs, assignees, successors, executors and administrators are held and firmly bound, jointly and severally, unto the Agency and all Contractors, Subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Dollars ($ ), this amount
being not less than a hundred percent (100%) of the total Contract Price in lawful money of the United States of America, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.
Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor 53 Agreement No.: 32300160
11 Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, including all incorporated documents, shall in any manner affect its obligations on this Bond. The Surety hereby waives notice of any such change, extension, alteration, or addition. Additionally, the Surety hereby waives California Civil Code 2845 and 2849 as well as any statutes of limitation, statutes of repose and laches as they may apply to an action on this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its:
__________________________
By:
Its:
__________________________
(Seal)
“Surety”
By:
Its:
__________________________
By:
Its:
__________________________
(Seal)
Notes: This Bond must be executed in duplicate and dated, all 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 the Contract. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California. 54 Agreement No.: 32300160
12 Bond No. __________
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Oxnard (“Agency”), has awarded to _______ (“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as ADVANCED WATER PURIFICATION
FACILITY FINISHED WATER PUMP VARIABLE FREQUENCY DRIVE ELECTRICAL REHABILITATION PROJECT, SPECIFICATION NO. PW 23-04.
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
, (Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Agency in the penal sum of Dollars ($ ), this
amount being not less than a hundred percent (100%) of the total Contract Price in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, assignees, successors, executors and administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Agency, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void one (1) year from the date of recordation of the Notice of Completion for the Project; otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statutes of limitation, statutes of repose and laches as they may apply to an action on this Bond.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, including all incorporated documents, or of the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect the Surety’s obligations under this Bond. The Surety hereby waives notice of any such change, extension of 55 Agreement No.: 32300160
13 time, alteration or addition to the terms of the Contract or to the Work or to the Specifications.
Surety hereby waives California Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.
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 the Contract. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California 56 CITY OF OXNARD
BID SHEETS FOR ADVANCED WATER PURIFICATION FACILITY FINISHED WATER PUMP
VARIABLE FREQUENCY DRIVE ELECTRICAL REHABILITATION PROJECT SPECIFICATION NO. PW 23-04
Bidder's Name: VENCO ELECTRIC 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 th e o fi II owing . prices:
ITEM PAYMENT UNIT OF
NO. DESCRIPTION REFERENCE MEASURE AMOUNT
1. Mobilization and demobilization 2000.1 Lump Sum $ /9, (10% maximum of Total Bid Price) ioo,oo
2. Variable Frequency Drive Installation 2000.2 Lump Sum $/7�ooo.00
3. Conduit, Wiring And Cable Terminations 2000.3 Lump Sum $}0JOX>.0V
4. Training 2000.4 Lump Sum $/31 000.00
TOTAL BID PRICE: $Jl?J',Soo.OO
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 IN DIGITS: $ c2 \ 1$') 800 · QQ /i
TOTAL BID PRICE IN WORDs:lwol-\1.mdr� f�hi"wll\ou=:llrJ "8[3b±-llurJrM DolletiZ::> Contractor must complete all Work within two hundred seventy (270) Working Days of the City's Notice to Proceed.
B3
EXHIBIT A
57 Bidder acknowledges receipt of all addenda
Addendum: Date Received:
#01 11/07/2022
#02
Addendum: Date Received:
#03
#04
Bidder's Name (Company): _V_E_N_C_O_E_L_E_C_TR_I__C_I _N _C _. ___________ _ Signature: U&-----
Print: MIKE SHEETS
Signature: �� �
Print: J E�¥ R IS
84 Title: VICE PRESIDE NT
Date: 11/14/2022
Title: SECRETARY
Date: 11/14/2022
58 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.4
DATE: January 17, 2023
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Construction Agreement 32300166 with Commercial Waterproofing Systems Inc., dba ERC Roofing and Waterproofing for South Oxnard Center Roof Replacement Project, Specification No. PW 23-32.
RECOMMENDATION
That the City Council approve and authorize the following for a total of $779,952 in Project funds for the South Oxnard Center Roof Replacement Project (Project No. 205502/C2010):
1. Execute Agreement 32300166 with Commercial Waterproofing Systems Inc., dba ERC Roofing and Waterproofing in the amount of $649,960 for the Project;
2. A Project contingency amount of $64,996 with Commercial Waterproofing Systems Inc., dba ERC Roofing and Waterproofing for a total not to exceed value of $714,956 for the Project; and
3. A Project allocation amount of $64,996 for engineering, inspection, survey and project management for the Project. (This item is categorically exempt from the California Environmental Quality Act pursuant to Title 14 of the California Code of Regulations Section 15301(d).)
(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.)
BACKGROUND
The Project consists of furnishing all necessary labor, materials, equipment and other incidental and appurtenant Work to complete roof replacement and repairs at the South Oxnard Center located at 200 E Bard Road.
The roof has significant issues stemming from age. The building was constructed in 1988/1989 and the roof has never been replaced. A typical roof, constructed of modified bitumen layers, has a useful life expectancy of 10-20 years. This roof is over 33 years old.
The roof sections requiring replacement are the flat sections. The clay roof tiles at the sloped-roof areas are in decent condition, with the exception of approximately thirty percent (30%) which are damaged. The existing flat roof sections have many leaks that have had impacts on the inside walls and finished, the facility staff and city residents who regularly frequent the facility. There are areas with drywall deterioration from the roof leaks, which will be handled separately, and are not included in the scope of this project. With a new roof, we can prevent further interior deterioration, programming impacts, and other problems. Additionally, all of the existing wood fascia has significant termite and dry rot and must be replaced. By replacing the fascia, gutters, and drains we can provide proper roof drainage and prevent water from ponding on the roof, causing future leaks and roof deterioration.
Capital Improvement Program (CIP) Reference:
Project No. 205502 / C2010 – South Oxnard Center Roof Replacement Project, Specification No. PW 23-32 - CIP 2022- 59 2027 - Adopted June 16, 2020 – Page 18.
DISCUSSION
The specific work for this Project includes demolition of portions of the existing roofs including approximately 100 sf of asbestos-containing materials, damaged roof decking, all fascia board, gutters, and trellis wood. It also includes the installation of a new single-ply PVC roofing system on flat-roof surfaces, replacement clay tile roofing on sloped surfaces were damaged, new fascia board and gutters throughout, reworking roof drains and scuppers, and all other appurtenant and associated work in accordance with the Contract Documents.
The work is tentatively scheduled to begin in Spring 2023 and continue into Summer 2023 (forty-five working days), unless delayed by unforeseen site conditions, weather impacts, or supply chain delays. Staff will work closely with the building occupants, patrons, area businesses, and residents directly impacted by the work to keep them informed of the project schedule. 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 October 20, 2022, and all bids were due and opened on November 17, 2022. The City received four bids for the project and three were rejected as non-responsive. The lowest responsive bid is as follows:
COMMERCIAL WATERPROOFING SYSTEMS INC.,
dba ERC ROOFING AND WATERPROOFING: $649,960
The lowest bidder is Commercial Waterproofing Systems Inc., dba ERC Roofing and Waterproofing and its bid is responsive to the City’s NIFB. Following this determination, procurement staff reviewed all documentation received from Commercial Waterproofing Systems Inc., dba ERC Roofing and Waterproofing 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 Commercial Waterproofing Systems Inc., dba ERC Roofing and Waterproofing.
In addition to the project award amount of $649,960, Staff recommends authorizing $129,992 for the project, which includes $64,996 for project contingency (10% of the contract costs) and $64,996 for the cost for engineering services and City staff (10% of the contract cost). Engineering services include the following activities during construction: engineering, inspection, survey and project management. These recommendations bring the total estimated cost of the project to $779,952.
STRATEGIC PRIORITIES
This agenda item supports the Quality of Life strategy. The purpose of the Quality of Life strategy is to restore and increase quality services and programs that enrich Oxnard's diverse community, promotes safe neighborhoods, encourages community engagement, and supports our residents in their efforts to improve their quality of life.
FINANCIAL IMPACT
The total cost for this Project shall not exceed $779,952 which includes the construction agreement, contingency and project allocation. On January 3, 2023, Council approved a budget reallocation of unspent TAB HERO (Fund 315) bond proceeds in the amount of $318,388 and a General Fund (101) appropriation of $30,655, for a total of $349,043 over the original $475,000 to complete the South Oxnard Roof Replacement Project, (Project No. 205502/C2010). The total available project budget balance is approximately $779,952 ($749.297 from the Tax Allocation Bond (TAB) Historical Enhancement and Revitalization of Oxnard (HERO) Fund (315) and $30,655 from the General Fund (101)).
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Tatiana Arnaout, City Engineer
60 ATTACHMENTS
1. A# 32300166
61 Agreement No. 32300166
1 CONTRACT
CITY OF OXNARD CONTRACT FOR
SOUTH OXNARD CENTER ROOF REPLACEMENT PROJECT
SPECIFICATION NO. PW 23-32
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 COMMERCIAL WATERPROOFING SYSTEMS, INC. dba ERC ROOFING & WATERPROOFING (“Contractor”). Contractor’s license number is 781499.
In consideration of the covenants set forth herein, the parties hereto agree as follows:
1. Incorporation. The Contract consists of all Contract Documents, which shall include the Notice Inviting Bids, Instructions to Bidders, General Provisions, Special Provisions, Plans, Standard Plans, Greenbook, Reference Specifications, Bid (including documentation accompanying the Bid and post-Bid documentation submitted before the notice of award), insurance documentation, Bonds, the City business license, permits from regulatory agencies, Addenda, Change Orders and Supplemental Agreements. These documents are incorporated herein by reference.
2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as South Oxnard Center Roof Replacement Project, Specification No. PW 23-32 (the “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 SIX HUNDRED FORTY NINE THOUSAND, NINE HUNDRED SIXTY DOLLARS ($649,960) 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 available to any interested party on request.
Contractor and all Subcontractors are not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless registered and qualified to perform public work pursuant to Labor Code Section 1725.5 at the time of Bid submission.
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 62 Agreement No. 32300166
2 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, amendment 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 transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Contract for all purposes.
[signatures on following page]
63 Agreement No. 32300166
3 IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the first written above.
CITY OF OXNARD COMMERCIAL WATERPROOFING SYSTEMS, INC.
dba ERC ROOFING & WATERPROOFING
John C. Zaragoza, Mayor1 Date Garrett R. Clark, President2 Date Alexander Nguyen, City Manager
Jennifer Yates, Purchasing Manager
[name] , Buyer
Garrett R. Clark, Secretary Date
ATTEST:
Rose Chaparro, City Date
Clerk (only if Mayor signs)
APPROVED AS TO FORM:
Stephen M. Fischer, City Date
Attorney (always required)
1 The City Council must authorize and the Mayor must sign any agreement over $200,000 annually. The City Manager may authorize and sign any agreement over $100,000 but up to $200,000 annually. The Purchasing Manager may authorize and sign any agreement up 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. 64 Agreement No. 32300166
4 EXHIBIT INS‐E
INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS
(WITH BUILDER’S RISK REQUIREMENT & POLLUTION/ASBESTOS)
1 Contractor shall obtain and maintain during the performance of any services under this Contract the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Contractor, its agents, representatives, employees or subcontractors. With respect to General Liability, Errors & Omissions, Contractors Pollution Liability, and or Asbestos Pollution Liability, Coverage should be maintained for a minimum for five (5) years after contract completion.
a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $2,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project location or shall be twice the occurrence amount;
b. Business Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;”
c. If architectural, engineering, or electrical work will be performed under the Contract, Professional Liability/Errors and Omissions Insurance appropriate to the work being done in an amount not less than $1,000,000, with neither Contractor nor listed subcontractors having less than $500,000 individually. The Professional Liability/Errors and Omissions Insurance must be project specific with at least a one‐year extended reporting period, or longer upon request.
d. Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.
e. Course of Construction Insurance providing coverage for “all risks” of loss in an amount not less than the completed value of the project, with City named as Owner and Insured. f. Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. 2 Contractor shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS‐E. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf.
The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before work commences. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email (or fax if necessary) to the Risk Manager, addressed as follows (do not send hard copies):
City of Oxnard
Insurance Compliance
Reference No. PW 23‐32
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678‐259‐1007
65 Agreement No. 32300166
5 3 Contractor agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled by either party, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice. 4 Contractor agrees that the Commercial General Liability and Business Automobile Liability Insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS‐E 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 policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 6 Any deductibles or self‐insured retentions must be declared to and approved by the Risk Manager PRIOR TO THE BID DUE DATE. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self‐insured retentions as respects City, its City Council, officers, employees and volunteers, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
7 All insurance standards applicable to Contractor shall also be applicable to Contractor’s subcontractors.
Contractor agrees to maintain appropriate agreements with subcontractors and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.
66 Agreement No. 32300166
6 INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS Certificates of Insurance
The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start‐up date because the City’s 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 sample accord form.
67 Agreement No. 32300166
7 SAMPLE
ACORD CERTIFICATE OF INSURANCE ISSUE DATE
(MM/DD/YY)
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
CODE SUB-CODE
COMPANIES AFFORDING INSURANCE COVERAGE
INSURED
COMPANY
LETTER A SPECIFY COMPANY NAMES IN THIS SPACE
COMPANY
LETTER B
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DD/YY)
LIMITS
A GENERAL LIABILITY
[x] COMMERCIAL GENERAL LIABILITY
[x] 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, Course of Construction Insurance Contractors Pollution Liability and/or Asbestos Pollution Liability Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant
Course of Construction
Completed Value of Project
Minimum coverage $1,000,000
Per claim
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
CERTIFICATE HOLDER
CITY OF OXNARD
Attn: Insurance Compliance
Reference No.PW 23-32
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
Signature
(original signature required)
Telephone: ( ) Date Signed
68 Agreement No. 32300166
8 SAMPLE
GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO. ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to NAMED INSURED coverage. Per Occurrence Per Claim (which) APPLICABILITY This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS TYPE OF INSURANCE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
COMPREHENSIVE GENERAL LIABILITY
OWNERS & CONTRACTORS PROTECTIVE
Claims Made
Retroactive Date
Occurrence
OTHER PROVISIONS
COVERAGES
LIABILITY LIMITS IN THOUSANDS $
EACH
OCCURRENCE AGGREGATE
GENERAL
PRODUCTS/COMPLETED OPERATIONS
PERSONAL & ADVERTISING INJURY
FIRE DAMAGE
Underwriter=s representative for claims pursuant to this insurance.
CLAIMS:
Name:
Address:
Telephone: ( )
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or b. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.
Except as stated above 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. PW 23-32
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
69 Agreement No. 32300166
9 SAMPLE
AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO. ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone:
Deductible Self-Insured Retention (check which) of $
with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which) NAMED INSURED APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE OTHER PROVISIONS
COMMERCIAL AUTO POLICY
BUSINESS AUTO POLICY
OTHER
LIMIT OF LIABILITY CLAIMS: Underwriter’s representative for claims pursuant to this insurance.
Name:
Address:
Telephone: ( )
$ per accident, for bodily injury and property damage.
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or b. If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).
Except as stated above nothing 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. PW 23-32
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
70 Agreement No. 32300166
10 Bond No. __________
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Oxnard (“Agency”), State of California, has awarded to COMMERCIAL WATERPROOFING SYSTEMS, INC. dba ERC ROOFING & WATERPROOFING, 1630 Palm Street, Santa Ana, CA 92701 (“Principal”) a contract (the “Contract”) for the Work described as South Oxnard Center Roof Replacement Project, Specification No. PW 23-32.
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of any Work, to file a good and sufficient Payment Bond with the Agency to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, and our heirs, assignees, successors, executors and administrators are held and firmly bound, jointly and severally, unto the Agency and all Contractors, Subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of SIX HUNDRED FORTY NINE THOUSAND, NINE HUNDRED SIXTY DOLLARS ($649,960), this amount being not less than one hundred percent (100%) of the total Contract Price in lawful money of the United States of America, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.
Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor 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. 71 Agreement No. 32300166
11 The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, including all incorporated documents, shall in any manner affect its obligations on this Bond. The Surety hereby waives notice of any such change, extension, alteration, or addition. Additionally, the Surety hereby waives California Civil Code 2845 and 2849 as well as any statutes of limitation, statutes of repose and laches as they may apply to an action on this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
COMMERCIAL WATERPROOFING
SYSTEMS, INC. dba ERC ROOFING &
WATERPROOFING
By:
Garrett R. Clark
Its: President
By:
Garrett R. Clark
Its: Secretary
(Seal)
“Surety”
By:
Its: __________________________
By:
Its: __________________________
(Seal)
Notes: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Date of Bond must not be before the Effective Date of the Contract. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California.
72 Agreement No. 32300166
12 Bond No. __________
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Oxnard (“Agency”), State of California, has awarded to COMMERCIAL WATERPROOFING SYSTEMS, INC. dba ERC ROOFING & WATERPROOFING, 1630 Palm Street, Santa Ana, CA 92701 (“Principal”) a contract (the “Contract”) for the Work described as South Oxnard Center Roof Replacement Project, Specification No. PW 23-32.
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 SIX HUNDRED FORTY NINE THOUSAND, NINE HUNDRED SIXTY DOLLARS ($649,960), this amount being not less than one hundred percent (100%) of the total Contract Price in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, assignees, successors, executors and administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Agency, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void one (1) year from the date of recordation of the Notice of Completion for the Project; otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statutes of limitation, statutes of repose and laches as they may apply to an action on this Bond.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, including all incorporated documents, or of the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect the Surety’s obligations under this Bond. The Surety hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. Surety hereby waives California Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto. 73 Agreement No. 32300166
13 IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
COMMERCIAL WATERPROOFING
SYSTEMS, INC. dba ERC ROOFING &
WATERPROOFING
By:
Garrett R. Clark
Its: President
By:
Garrett R. Clark
Its: Secretary
(Seal)
“Surety”
By:
Its: _________________________
By:
Its: _________________________
(Seal)
Notes: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Date of Bond must not be before the Effective Date of the Contract. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California. 74 CITY OF OXNARD
BID SHEETS FOR SOUTH OXNARD CENTER ROOF REPAIRS
SPECIFICATION NO. PW 23-32
Bidder's Name: Commercial Waterproofing Systems, Inc. dba ERC Roofing & Waterproofing To the Honorable Mayor and Members of the City Council:
In compliance with the Notice Inviting Bids, the undersigned hereby agrees to execute the Contract to furnish all labor, materials, equipment and supplies for the Project in accordance with the Contract Documents to the satisfaction and under the direction of the City Engineer at the following prices:
BASE AMOUNT:
ITEM DESCRIPTION PAYMENT UNIT OF ESTIMATED UNIT PRICE BID AMOUNT NO. REFERENCE MEASURE QUANTITY (+/-$) Mobilization and
Demobilization
1 (maximum 5% of 1000-2.1 LS I $28,800.00
Total Bid Price) -- �
2 Selective Demolition 1002-2.1 LS $151,800.00
3 Testing and Quality
014500-2.1 LS $ 2,500.00 Control
4 Temporary Facilities
015000-4.1 LS $ 6,000.00 and Controls 11
,- -- - -
5 Cutting and
017329-4.1 LS $12,600.00 Patching - --
6 Cleaning 017400--4.1 LS 1, $3,500.00
7 Metal Fabrications 055000-4.1 LS $35,000.00
8 Clay Roof Tiles 073213--4.1 SF 3,450 $ 56.00 $193,200.00 PVC Membrane
9 Roofing 075400--4.1 SF 2,350 $ 30.00 $70,500.00
Sheet Metal
10 Flashing and Trim 076200-4.1- LF 500 $10.00 $ 5,000.00 11 Joint Sealant 079200-4.1 LF 1,000 $ 4.50 $ 4,500.00
12 Cement Plaster 092400--4.1 LS $ 18,000.00
13 Paint 099113-4.1 LS $ 8,000.000
EXHIBIT A
Agreement No. 32300166
75 ITEM DESCRIPTION PAYMENT UNIT OF ESTIMATED UNIT PRICE NO. REFERENCE MEASURE QUANTITY (+/-$) BID AMOUNT
14 Asbestos Roofing
Abatement 028200-4.1 SF 100 $121.00 $ 12,100.00
15 Rough Carpentry 061000-4.1A SF 705 $12.00 $ 8,400.00 16 Fascia 061000-4.1 B LF 1,500 $ 60.00 $ 90,000.00
TOTAL BID PRICE:$ 649,900.00
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 IN DIGITS: $_6_4c....:;9_.._9.;...0.;...0;..;. . ..:.... o
..:....
o __________ _
TOTAL BID PRICE IN WORDS: Six Hundred Forty-Nine Thousand, Nine Hundred Dollars Contractor must complete all Work within forty-five (45) Working Days of the City's Notice to Proceed.
Bidder acknowledges receipt of all addenda:
Addendum:
#01
#02
#03
#04
Date Received:
NfA
Addendum: Date Received:
#05
#06
#07
#08
Bidder's Name (Company): Commercial Waterproofing Systems, Inc. dba ERC Roofing & Waterproofing Signature: 44 �
Print: Matt Clark 7
Signature: Ad. _,--uf: z�
Print: Matt Clark
Title: Attome • n-Fact for Garrell Clark Secreta
Date: 1
--+----;:;__...,__
l ____ _
Agreement No. 32300166
Ex. A-2
76 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.5
DATE: January 17, 2023
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Agreement 32300156 with CCS Los Angeles Janitorial, Inc. for Custodial Services at Oxnard Transportation Center.
RECOMMENDATION
That the City Council approve and authorize an Agreement with CCS Los Angeles Janitorial, Inc. for a term of one year with the option to extend for two consecutive periods of one year each upon the written agreement of both parties for a maximum possible contract term of three (3) years, and for a total contract not-to-exceed amount over the entire possible contract term of $600,000 to provide custodial services for the Oxnard Transportation Center. (This item is not considered a project under the California Environmental Quality Act). (This item did not originate in Committee.)
BACKGROUND
The Oxnard Transportation Center (OTC) has contracted custodial services for the past 20 years. The outsourcing custodial services delivers a full complement of services, including rubbish disposal, anti-bacterial agents, vacuuming, floor waxing, dusting, graffiti removal, window cleaning, polishing and thorough break and restroom sanitation. In addition, the vendor provides all cleaning supplies and provisions.
DISCUSSION
On August 26, 2022, the City issued a formal Request for Proposal (RFP) PW 22-19 for custodial services at the Oxnard Transit Center (OTC) at 201 E. Fourth Street. A non-mandatory walk-through was conducted on September 8, 2022, and the RFP closed on October 7, 2021. The City received six proposals that were reviewed and evaluated by City staff as part of the solicitation process.
CCS Los Angeles Janitorial, Inc. (CCS) was selected through the awarding process, pursuant to the process outlined in the Oxnard Municipal Code. The RFP includes the site-specific custodial service requirements to ensure that the OTC receives the desired level of service. Staff has confirmed that CCS meets all required City contractual provisions including possession of a City business tax certificate, insurance certificates and corporate filing with the California Secretary of State.
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
77 The total cost for this agreement with CCS Los Angeles Janitorial, Inc. shall not exceed $600,000 through January 31, 2026, if extended. Services provided to the OTC will commence February 4, 2023. Sufficient funds are available in the OTC operating budget for Fiscal Year 2022-23 in the Transportation Development Act (TDA) Fund 212. Funding for future years will be included in the proposed operating budget for City Council’s consideration.
No General Fund money will be used for this Agreement. The following table shows the estimated spending plan for OTC. The below spending plan includes the contract allowed CPI and considers other estimated service level changes starting in FY 2023-24. “As-needed” costs are estimated within the Agreement to address additional one-time services that may be requested.
TDA Fund 212 Account FY 22-23
5 months
FY 23-24
12 months
FY 24-25
12 months
FY 25-26
7 months
TOTAL
OTC 90403201-
53200
$55,275 $140,975 $162,150 $102,350 $460,750
As-Needed 90403201-
53200
$19,250 $46,500 $46,500 $27,000
$139,250
Total $74,525 $187,475 $208,650 $129,350 $600,000
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Brian Yanez, Assistant Public Works Director
ATTACHMENTS
1. Agreement 32300156
2. Presentation
78 Agreement No. 32300156
TRADE SERVICE AGREEMENT
BETWEEN
THE CITY OF OXNARD AND CCS LOS ANGELES JANITORIAL, INC.
By This Trade Services Agreement (“Agreement”), the CITY of Oxnard (“CITY”) agrees to engage the services of CCS Los Angeles Janitorial, Inc. (“SERVICE PROVIDER”), and SERVICE PROVIDER agrees to perform the services for CITY as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. CITY and SERVICE PROVIDER may be individually referred to as “Party” or collectively as the “Parties.”
1. SUMMARY DESCRIPTION OF SERVICES. [Oxnard Transit Center Custodial Services]
2. PARTIES.
CITY OF Oxnard (“CITY”), a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030 CCS Los Angeles Janitorial, Inc. (“SERVICE PROVIDER”), a corporation of the State of California, located at 840 Apollo Street, Suite 307, El Segundo, CA 90245
3. TERM OF AGREEMENT: From (Date): February 4, 2023 To (Date): January 31, 2024
3.1 Time is of the essence in this Agreement.
3.2 Any Optional Extension (initial term, plus any option to extend) shall not exceed a total of five (5) years. The CITY in its sole discretion may exercise the optional extension upon 60 days written notice to the SERVICE PROVIDER in accordance with Section 11 of this Agreement. SERVICE PROVIDER shall issue its written consent to the CITY’s exercise of the option extension within 10 days of receipt of notice from the CITY. All Notices shall comply with section 20 of this Agreement.
3.3 The CITY shall have the option for (2) two consecutive (1) one-year extensions, in accordance with the scope of work and general terms and conditions of the Trade Services Agreement. Any price increases or decreases shall be negotiated at time of contract extension.
3.4 All services required of SERVICE PROVIDER under this Agreement shall be completed on or before the end of the term of the Agreement.
4. AGREEMENT AMOUNT: $600,000
5. AGREEMENT EXHIBITS: The following documents memorialized below are the only exhibits to this agreement and are incorporated by reference as though fully set forth herein. In the event of a conflict between the Exhibits and this Agreement, the Agreement controls.
Exhibit A: Scope of Services
Exhibit B: Schedule of Compensation
Exhibit C: Insurance Requirements
Exhibit D: Living Wage Policy
79 Agreement No.32300156
Exhibit E: Prevailing Wage Policy
6. DESIGNATED REPRESENTATIVES.
The Designated Representatives listed below shall be authorized to act on behalf of the named Party, be responsible for negotiations and contractual matters, and coordinate with each other to perform the services under this Agreement. Additionally, SERVICE PROVIDER’s services shall be performed or immediately supervised by the SERVICE PROVIDER’s Representative:
CITY Designated Representative: SERVICE PROVIDER Designated Representative:
Name: Brian Yanez Name: Tony Ramirez
Title: Assistant Public Works Director Title: General Manager Phone: (805) 200-5412 Phone: 949-554-8838
Email: [email protected] Email: [email protected] Mailing Address (if differs from above): Mailing Address (if differs from above):
305 West Third Street PO Box 845112
Oxnard, California 93030 Los Angeles, CA 90084-5112
7. CONTRACTUAL PREREQUISITES.
7.1. This Agreement must first be executed by the SERVICE PROVIDER, after which the Agreement shall be approved as to form by the CITY Attorney, then executed by the Mayor, or an authorized person on behalf of the CITY, and if executed by the Mayor shall also be executed by the CITY Clerk.
7.2. A request for modification of the terms, prior to execution of the Agreement, must be made in writing and presented to the Designated Representative of the CITY prior to the time this Agreement is executed.
7.3. All proof of business license, insurance, and W-9 forms is required prior to execution of this Agreement.
7.4 SERVICE PROVIDER shall not perform any work under this Agreement until a proof of insurance has been provided to the City as required under Section 24 of this Agreement.
8. SERVICE PROVIDER'S SERVICES.
8.1 SERVICE PROVIDER shall perform the tasks, obligations, and services set f forth in the “Scope of Services,” attached to and incorporated into this Agreement as “Exhibit A.” Once this Agreement is executed, the Scope of Services may only be modified by written Amendment pursuant to Section 12 of this Agreement.
8.2 The Services shall be coordinated with the designated City Project Manager set forth in Exhibit A subject to the direction of the City Manager or Department Director.
SERVICE PROVIDER hereby designates its Project Manager as set forth in “Exhibit A” as the person responsible for the Services who shall coordinate with City’s Project Manager in executing the scope of services under this Agreement. 80 Agreement No.32300156
9. COMPENSATION.
CITY shall pay SERVICE PROVIDER for the services performed pursuant to the terms of this Agreement in the time and manner set forth in the “Schedule of Compensation,” attached to and incorporated into this Agreement as “Exhibit B.” CITY shall pay SERVICE PROVIDER an amount not to exceed the amount that is listed in “Exhibit B.” Once this Agreement is executed, the Schedule of Compensation may only be modified by written Amendment pursuant to Section 12 of this Agreement, and may be subject to approval by the City Council.
10. PAYMENT & INVOICES.
The CITY shall pay all undisputed portions of any applicable invoice within fortyfive (45) days after receipt of an invoice. In the event the CITY disputes one or more items in an invoice, the CITY shall, within forty-five (45) days after receipt of such invoice, notify the SERVICE PROVIDER of the item(s) being disputed and the reason(s) therefore.
The CITY may withhold payment for such disputed items until resolution of the dispute.
10.1 Payment Request. SERVICE PROVIDER shall submit a payment request to CITY by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month. Invoices may be emailed to:
[email protected].
10.2 Non-Appropriation of Funds. Payments to be made to SERVICE PROVIDER by CITY for the Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered appropriation of CITY. In the event CITY does not appropriate sufficient funds for payment of the Services beyond the current fiscal year, this Agreement shall cover payment for the Services only up to the conclusion of the last fiscal year in which CITY appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.
10.3 SERVICE PROVIDER’s acceptance of final payment made pursuant to this Agreement shall constitute a release of CITY from all claims and liabilities for compensation to SERVICE PROVIDER for anything completed, finished or relating to the Services. CITY’s payment shall not constitute nor be deemed a release of the responsibility and liability of SERVICE PROVIDER for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by CITY for any defect or error in the Services performed by SERVICE PROVIDER and its employees, agents and Subcontracted service providers.
10.4 SERVICE PROVIDER shall provide CITY with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal 81 Agreement No.32300156
Revenue Service. If any sales tax is due for the Services performed by SERVICE PROVIDER or materials or products provided to CITY by SERVICE PROVIDER, SERVICE PROVIDER shall pay the sales tax. CITY shall not reimburse SERVICE PROVIDER for sales taxes paid by SERVICE PROVIDER.
11. OPTION TO EXTEND AGREEMENT.
When in the CITY’s best interest, this Agreement may only be extended, if the City in its discretion exercises the option to extend pursuant to Section 3.2 and 3.3 of the Agreement. The initial term, plus any option to extend, shall not exceed a total of five (5) years. If no option to extend the Agreement appears in section 3.2 and 3.3, this Agreement shall not be extended.
12. MODIFICATION OF AGREEMENT.
This Agreement may be amended, modified, or otherwise altered, or its provisions waived, only upon mutual consent of the Parties by written amendment, and as authorized by the Oxnard Municipal Code, Article IV, Sections 4-59 and 4-60.
13. TERMINATION OF AGREEMENT.
CITY may terminate this Agreement at any time, with or without cause and without penalty, upon fifteen (15) calendar days’ prior written notice pursuant to Section 31 of this agreement. Such termination shall be effective on the date specified in the notice, or if no date is specified, then fifteen (15) calendar days from the date of the notice. CITY shall be liable to SERVICE PROVIDER only for work done by SERVICE PROVIDER up to and including the date of termination of this Agreement unless the termination is for cause, in which event SERVICE PROVIDER need be compensated only to the extent required by law. SERVICE PROVIDER may terminate this Agreement at any time during the term of the Agreement by giving the CITY sixty (60) calendar days’ written notice.
14. INDEPENDENT CONTRACTOR
SERVICE PROVIDER is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its employees or agents shall have control over the conduct of SERVICE PROVIDER or any of its employees, except as stated in this Agreement. SERVICE PROVIDER has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting SERVICE PROVIDER. This Agreement shall not be interpreted to prevent or preclude SERVICE PROVIDER from rendering any services for SERVICE PROVIDER’s own account or to any other person or entity as SERVICE PROVIDER in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services the SERVICE PROVIDER shall perform for the City. The CITY retains the right to provide general instructions to and 82 Agreement No.32300156
observe the SERVICE PROVIDER in the performance of all services done on behalf of the CITY.
SERVICE PROVIDER and its employees and agents have no authority, express or implied, to act on behalf of City in any capacity, to incur any debt, obligation or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent.
SERVICE PROVIDER and its employees are not employees of City. SERVICE PROVIDER and its employees are not entitled to receive from City any of the benefits or rights afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long-term disability and workers’ compensation insurance benefits. SERVICE PROVIDER shall not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City.
15. LAWFUL PERFORMANCE.
SERVICE PROVIDER shall abide by all Federal, State, and Local Laws and Regulations as may be related to the performance of duties under this Agreement.
SERVICE PROVIDER, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
16. SAFETY REQUIREMENTS.
SERVICE PROVIDER shall not perform any services for the CITY when the SERVICE PROVIDER is impaired by alcohol or a controlled substance. When there is reasonable cause to believe that any person has violated this provision, that person shall be immediately removed from the premises and be subject to any applicable civil and/or criminal penalties under the CITY’s Code and/or under state law. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public.
The CITY reserves the right to issue restraining or cease and desist orders to SERVICE PROVIDER when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The acceptance of SERVICE PROVIDER's work by CITY shall not operate as a release of the SERVICE PROVIDER from such standard of care and workmanship.
17. OWNERSHIP OF SERVICE PROVIDER’S WORK PRODUCT,
CONFIDENTIALITY & DISCLOSURE.
CITY shall be the owner of any and all technical documents and records, including, computations, plans, correspondence, and/or other pertinent data and information, both hard copy and electronic, gathered or prepared by SERVICE PROVIDER in performance of this Agreement and shall be entitled to immediate possession of the same upon 83 Agreement No.32300156
completion of the work under this Agreement, or at any earlier or later time when the same may be requested by CITY.
17.1. Records and Inspections. The SERVICE PROVIDER shall maintain full and accurate records, with respect to all services and matters covered under this Agreement. The CITY shall have free access at all reasonable times to such records, both hard copy and electronic, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities.
17.2. Deliverables. SERVICE PROVIDER shall deliver to the CITY the studies, plans, specifications, or other documents as are identified in the Scope of Services; and SERVICE PROVIDER shall, upon completion of all work, submit to the CITY all information developed in the course of the SERVICE PROVIDER's services.
SERVICE PROVIDER shall, in such time and in such form as the CITY may require, furnish reports concerning the status of services required under this Agreement.
SERVICE PROVIDER shall, upon request by CITY and upon completion or termination of this Agreement, deliver to the CITY all material furnished to SERVICE PROVIDER by the CITY.
17.3. Ownership – Generally. All inventions, discoveries, enhancements, changes, or improvements of computer programs developed pursuant to this Agreement shall be the property of the CITY, and all patents or copyrights shall be assigned to the CITY, unless otherwise agreed. SERVICE PROVIDER agrees that CITY may make modifications to computer software furnished by SERVICE PROVIDER without infringing SERVICE PROVIDER’s copyright or any license granted to CITY, unless otherwise agreed.
17.4. Ownership of Documents. Every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by the SERVICE PROVIDER pursuant to or in connection with this Agreement shall be the exclusive property of the CITY.
17.5. Confidentiality. Information that is exempt from disclosure to the public is confidential. This includes information relating to the past, present, or future affairs of the City or information belonging to a third party whose information is in the City’s possession or control under obligations of confidentiality. SERVICE PROVIDER may be granted access to information that is exempt from disclosure to the public (Government Code Section 6254 and 6254.16) and may contain “trade secrets” (see Government Code Section 6254.7(d)) when it is necessary for SERVICE PROVIDER to perform its obligations pursuant to this Agreement. If SERVICE PROVIDER is granted such access to confidential information, SERVICE PROVIDER shall not be considered to be a member of the public as that term is used in Government Code Section 6254.5.
84 Agreement No.32300156
17.6. Disclosure of Information. SERVICE PROVIDER shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the projects assigned to SERVICE PROVIDER by the CITY or other information to which the SERVICE PROVIDER has had access during the term of this Agreement without the prior written approval of the CITY’s Designated Representative during the term of this Agreement and for a period of two (2) years after the termination of this Agreement.
17.7. No Warranty. Other than an obligation upon the CITY to deal in good faith, the CITY makes no warranties and shall bear no liability or responsibility for errors or omissions in any Confidential Information disclosed under this Agreement or for any business decisions made by SERVICE PROVIDER in reliance on any Confidential Information disclosed under this Agreement.
18. ASSIGNMENT.
This Agreement is for the non-professional services of SERVICE PROVIDER. Any attempt by SERVICE PROVIDER to assign the benefits or burdens of this Agreement without the prior written approval of CITY shall be prohibited and shall be null and void.
SERVICE PROVIDER's services pursuant to this Agreement shall be provided by the SERVICE PROVIDER’s Designated Representative or directly under his/her supervision, and SERVICE PROVIDER shall not assign another to supervise the SERVICE PROVIDER's performance of this Agreement without the prior written approval of CITY, by and through the CITY’s Designated Representative.
19. NOTICE OF BREACH AND OPPORTUNITY TO CURE.
Neither Party will be in breach of this Agreement where the breach is capable of being cured, or until written notice of the breach is received from the non-breaching Party.
The Party charged with breach will have fifteen (15) calendar days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other Party within fifteen (15) days from the date on which the breaching Party received notice of breach, the non-breaching Party may terminate this Agreement.
20. NOTICES.
All notices given or required to be given pursuant to this Agreement shall be in writing and may be given by personal delivery or by first-class mail. Notice sent by mail shall be addressed to each Party’s Designated Representative as set forth above in Section 6.
When addressed in accordance with this Section, such notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section.
85 Agreement No.32300156
21. COVENANTS AND CONDITIONS.
Each term and each provision of this Agreement to be performed by SERVICE PROVIDER shall be construed to be both a covenant and a condition.
22. WAIVER.
CITY’s review or acceptance of, or payment for, work product prepared by SERVICE PROVIDER under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from SERVICE PROVIDER’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
23. INDEMNIFICATION, HOLD HARMLESS & DEFENSE.
23.1 As a separate and independent covenant from SERVICE PROVIDER’s obligations under this section, SERVICE PROVIDER 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 SERVICE PROVIDER’s performance of this Agreement or SERVICE PROVIDER’s failure to comply with any of its obligations contained in this Agreement. 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.
SERVICE PROVIDER’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.
23.2 The duty to defend is a separate and distinct obligation from SERVICE PROVIDER’s duty to indemnify. SERVICE PROVIDER shall be obligated to defend in all legal, equitable, administrative, or special proceedings, with counsel approved by the CITY Attorney, immediately upon tender to SERVICE PROVIDER of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of negligence or willful misconduct by any of the Indemnitees shall not relieve SERVICE PROVIDER from its separate and distinct obligation to defend the Indemnitees. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes the obligation to provide independent defense counsel if SERVICE PROVIDER asserts that liability is caused in whole or in part by the negligence or willful misconduct of the Indemnitees. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of any of the Indemnitees, SERVICE PROVIDER may submit a claim to CITY for reimbursement of reasonable attorneys’ fees and defense costs. 86 Agreement No.32300156
23.3 The review, acceptance or approval of SERVICE PROVIDER’s work or work product by any of the Indemnitees shall not affect, relieve or reduce SERVICE PROVIDER’s indemnification or defense obligations. SERVICE PROVIDER waives any right of contribution against CITY or any of CITY’s officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by SERVICE PROVIDER pursuant to this Agreement. The provisions of this Section shall not be restricted by and do not affect the provisions of this Agreement relating to Section 24. The SERVICE PROVIDER’s obligations under this Section of the Agreement shall survive the termination of the Agreement.
23.4 SERVICE PROVIDER agrees to pay all required taxes on amounts paid to SERVICE PROVIDER under this Agreement, and to indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. SERVICE PROVIDER shall be solely responsible for, and shall save CITY harmless from, all matters relating to the payment of SERVICE PROVIDER’s subcontractors, material suppliers, directors, officers, employees, agents and representatives, including compliance with social security requirements, federal and State income tax withholding, and all other regulations governing employer-employee relations, as applicable. CITY shall have the right to offset against the amount of any compensation due to SERVICE PROVIDER under this Agreement any amount due to CITY from SERVICE PROVIDER as a result of its failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.
24. INSURANCE.
SERVICE PROVIDER shall obtain and maintain during the performance of any services under this Agreement the insurance coverages listed within “Exhibit C”, which is attached hereto and incorporated herein by this reference, unless the Risk Manager waives, in writing, the requirement that SERVICE PROVIDER obtain and maintain such insurance coverages. Such insurance must be issued by a company satisfactory to the Risk Manager. SERVICE PROVIDER shall, before performance of any Services pursuant to this Agreement, file with the Risk Manager evidence of insurance coverage as specified in “Exhibit C”. Maintenance of insurance coverages by SERVICE PROVIDER is a material element of this Agreement. SERVICE PROVIDER’S failure to maintain or renew insurance coverages or to provide renewal evidence shall be considered a material breach of this Agreement.
25. LIVING WAGE REQUIREMENTS.
During the term of this Agreement, SERVICE PROVIDER understands and agrees that if Living Wages are applicable subject to the 2002 Oxnard City Council Living Wage Policy, attached as “Exhibit D” to this Agreement. SERVICE PROVIDER will pay and/or provide the wages and/or benefits required therein to all of its employees engaged in 87 Agreement No.32300156
whole or in part in performing the services provided for by this Agreement. The duty to pay the correct wage is the responsibility of the SERVICE PROVIDER.
26. PREVAILING WAGE REQUIREMENTS.
26.1. Application. The payment of State prevailing wages as designated for Ventura County shall apply to public works projects. However, this section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work; or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.
Prevailing wages are required to be paid to all workers, including subcontracted employees.
26.2. Compliance with California Department of Industrial Relations (DIR).
To determine if this Agreement is subject to compliance monitoring and enforcement, go to:
https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html
26.3. Contract Splitting. It is unlawful to split, or separate into small portions, work orders, projects, purchases, or public works projects for the purpose of evading these prevailing wage requirements.
26.4. Use of Prevailing Wages vs. Living Wages. In the event that there is a difference between the amount of wages to be paid under the CITY of Oxnard’s local Living Wage requirements and the requirements of this provision, the wage rate that is the higher of the two shall be applicable to this Agreement. The duty to pay the correct wage is the responsibility of the SERVICE PROVIDER.
25. [RESERVED] -
26. [RESERVED] –
27. [RESERVED] -
28. DISPUTES.
Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this Agreement, shall be decided by the CITY’s Designated Representative, who shall reduce this decision to writing and mail a copy to the SERVICE PROVIDER. The decision of the CITY’s Designated Representative shall be final and conclusive unless SERVICE PROVIDER requests mediation within ten (10) calendar days. Pending final decision of a dispute, the SERVICE PROVIDER shall proceed diligently with the performance of the Agreement and in accordance with the decision of the CITY’s Designated Representative.
88 Agreement No.32300156
29. DISPUTE RESOLUTION.
Should an unresolved dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within a reasonable time not to exceed forty five (45) days of a request. The mediator shall be agreed to by the mediating Parties. In the absence of an agreement on a mediator, the Parties shall each submit one name from mediators listed by the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a “blindfold” process. The cost of mediation shall be borne equally by both Parties. Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.
33. AUDIT.
CITY shall have the option of inspecting, auditing and/or reproducing all records and other written materials: used by SERVICE PROVIDER in preparing its billings to CITY as a condition precedent to any payment to SERVICE PROVIDER; or for other purposes relating to the Agreement. SERVICE PROVIDER will promptly furnish all documents requested by CITY. Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit SERVICE PROVIDER for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, SERVICE PROVIDER shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by CITY, whichever occurs later. SERVICE PROVIDER shall maintain all such records in CITY or to promptly reimburse CITY for all reasonable costs incurred in conducting the audit at a location other than in CITY, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. SERVICE PROVIDER shall include a copy of this Section in all contracts with its subcontractors, and SERVICE PROVIDER shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or CITY.
34. ADVERTISING AND PUBLICITY
SERVICE PROVIDER shall not use the name of or refer to CITY directly or indirectly in any advertisement, news release, or professional or trade publication without prior written approval from the City Manager. This Section shall survive the termination of this Agreement.
89 Agreement No.32300156
35. NONDISCRIMINATORY EMPLOYMENT.
SERVICE PROVIDER shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status.
SERVICE PROVIDER understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, SERVICE PROVIDER shall be responsible for such subcontractor’s compliance with this Section.
36. FORCE MAJEURE.
Neither the SERVICE PROVIDER nor the CITY shall be responsible for any delay caused by any contingency beyond their control, including, but not limited to, war or insurrection, walkouts by the Party’s own employees, fires, natural calamities, riots, or demands or requirements of governmental agencies other than the CITY.
37. GOVERNING LAW.
The terms of this Agreement shall be interpreted according to the laws of the State of California. Should litigation occur, venue shall be in the Superior Court of California, County of Ventura.
38. SEVERABILITY.
If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect and be enforceable.
39. INTEGRATED AGREEMENT.
This Agreement and the attached exhibits referenced herein to this Agreement represent the entire understanding between the Parties. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the Parties to this Agreement and any subsequent successors and assigns.
40. NO THIRD-PARTY BENEFICIARY.
90 Agreement No.32300156
This Agreement shall not be construed to be an agreement for the benefit of any third-party or parties, and no third party or parties shall have any claim or right of action under this Agreement.
41. AUTHORITY TO EXECUTE.
Each Party hereto expressly warrants and represents that through its Designated Representative it has the authority to execute this Agreement on behalf of its corporation, partnership, business entity, or governmental entity, and warrants and represents that the Designated Representative has the authority to bind each Party to the performance of its obligations hereunder.
42. EXECUTION – COUNTERPARTS.
This Agreement may be executed in any number of counterparts and each such duplicate counterpart shall constitute an original, but they shall not be effective nor enforceable unless and until it is executed with the handwritten signature of an authorized representative of each of the relevant Parties. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterpart executed by the other Party to this Agreement is in the physical possession of the Party seeking enforcement thereof.
43. INCONSISTENT OR CONFLICTING TERMS.
In the event of any contradictions or inconsistencies between any attached documents or exhibits incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control. Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the CITY are not binding upon the CITY’s Designated Representative unless specifically agreed to in writing, and initiated by CITY’s Designated Representative, as to each additional contractual term or condition.
43. ACKNOWLEDGEMENT.
By signing below, SERVICE PROVIDER acknowledges that it has reviewed the CITY’s Trade Services Agreement terms and conditions and insurance requirements and that SERVICE PROVIDER hereby agrees to full compliance. [Signatures on next page]
91 Agreement No.32300156
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 CCS LOS ANGELES JANITORIAL, INC.
Jennifer Yates,1 Date Dana Holladay, President 2 Date
Purchasing Agent
Steve Larson, Date
Executive Vice President
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 lowerlevel 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.
92 Exhibit INS-B
EXHIBIT A
TRADE SERVICE AGREEMENT
(CITY of Oxnard and CCS Los Angeles Janitorial, Inc.)
SCOPE OF SERVICES
Principal Items of Work: The principal items of work shall include, but not be limited to the following, which are to be performed seven days per week:
• Graffiti Control
All interior walls, partitions, signs, phones, posts, and furnishings shall be kept free of all graffiti and checked for any signs of vandalism. All vandalism will be reported to the Oxnard Transit Center (OTC) manager. • Daily Services (Interior Services)
Empty all trash containers (twice daily, or as needed) Vacuum all carpeted areas. Dust mop all floors, stairwells, and elevators Dust and polish furniture
Mop all floors, stairwells, and elevator (utilize a No Rinse with optical Brightener) Clean all service counters and reference desks including the office of the Gold Coast Transit
Clean, mop, and sanitize all restrooms (including exterior single unisex restroom), drinking fountains, and re-stock restrooms (twice daily, or as needed) Clean, sanitize and polish all various restroom fixtures, including toilet bowls, urinals, diaper-changing stations, and hand basins (twice daily, or as needed) Clean elevator
Remove dust and cobwebs from ceiling areas
Turn on those lights necessary for cleaning. Turn off lights not required when leaving each area
Change all burned-out lamps
Clean all glass and mirrors
Sweep and hose down the exterior of the entrance areas. Remove all gum and other stains
Check restrooms for cleanliness and stock prior to leaving the building for the day to include Gold Coast Transit switches as needed
Spot clean floors and carpets as needed
Clean all doors, door frames and hardware, partitions, counters, metalwork, walls, railings, and around wall switches as needed
Clean all furniture as needed
• Daily Services (Exterior of Facility)
93 Exhibit INS-B
Monitor and remove trash and debris from Gold Coast Transit District (GCTD), Greyhound bus and train loading areas, and all OTC parking lots and landscaped areas
Provide graffiti clean-up for GCTD, Greyhound, and train loading areas, all parking lots, sidewalks, and related flower and planter beds
Sweep sidewalks around OTC building including train platform and loading areas Monitor and remove trash and debris from the exterior property of OTC (parking lots, bus and train areas, and landscaped areas)
Clean dirt and debris, including bird droppings from exterior building and exterior directional signs within reach
Empty all trash and recycle containers (twice daily, or as needed) • Weekly Services
Clean and sanitize all OTC drinking fountains
Low dust all horizontal surfaces to hand height, (36”) including sills, ledges, moldings, shelves, picture frames, ducts, radiators, etc. High dust all horizontal surfaces, including shelves, moldings, and ledges Clean entire interior glass in partitions and doors
Clean outside sidewalks, removing gum or other debris • Monthly Services
Dust all horizontal surfaces over 60 inches each month Spot clean furniture
Power scrub interior floors to remove scuffs and heel marks • Bi-Monthly Services
Power -wash the three public entrances to OTC and other areas as requested Power-wash GCTD, Greyhound, and bus and train loading areas Power-wash benches & trash cans
• Quarterly Services
Shampoo carpets
Clean blinds and curtains
Dust Venetian blinds
Clean all vents and walls
94 Exhibit INS-B
• Annual Services
Clean inside light fixtures
Wash walls
Shampoo/Extract “steam clean all interior carpets”
Clean exterior and interior building windows in June
• Services as Requested
Perform Emergency cleaning tasks
Other Services as requested
Material, Equipment and Supplies: The contractor, at his/her own cost and expense, shall furnish all necessary materials, equipment, and supplies of good quality and in good working order, and in the amounts necessary to accomplish an acceptable and professional level of maintenance. Due to the high traffic of pedestrians, the contractor will also be required to have and utilize a commercial hard floor cleaner that simultaneously mops and absorbs water. • Equipment and Supplies
Equipment shall be maintained in a state of good repair When equipment is not functioning, the contractor will obtain a replacement until the equipment is repaired, if applicable
Contractor shall be responsible for handling and securing materials, supplies, and equipment on the premises to prevent waste, damage, theft, and vandalism. The supplies and materials shall include, but are not limited to:
o All necessary cleaning equipment, supplies, dispensers, application bottles, and related items
o All necessary lamps, bulbs, lights, and paper products including toilet paper, toilet seat covers, towels, and related items o All necessary hand soap, room deodorant, urinal deodorant, disinfectant, enzymes, and related items
o The use of paper products made from recycled products is required
o All trash container supplies, including any trash receptacle liners o Only the highest quality and premium grade paper supplies and hand soap shall be used in the OTC restrooms such as or equivalent to, Fort James Stay Free Seat Covers (5000/cs), Natural Roll Paper Towels (6/800/cs), Toilet Tissue 2-ply SS #37-60 I (500/rl, 96/cs), and Total Performance White Lotion hand soap
o Custodial closet areas will be kept clean, and free of debris and odor. All supplies will be stored in a neat orderly manner and in such a way as to prevent injury to City or Contractor employees
95 Exhibit INS-B
Contractor will submit a list of all products and their specifications for approval prior to their use in any facility
o Only City approved products shall be utilized
Contractor is responsible for supplying Safety Data Sheets (SDS) to City Project Manager for any and all cleaning liquids, chemicals, solvents additive, floor waxes, etc., that the Contractor is using. These will be kept on file for immediate access in each of the Contractor serviced locations and updated as needed • Employee Conduct
Employees of the Contractor shall not:
o Be accompanied in their work area by acquaintances, family members, assistants, or any other person unless such person is an on-duty authorized Contractor employee
o Remove any City property or personal property, equipment, monies, forms, or any item from the facilities
o Engage in horseplay or loud boisterous behavior
o Be under the influence of alcohol or drugs
o Gamble
o Smoke in any building
o Use the City telephone except those designated by the City for purposes of business under this contract, except to report the need of medical aid, fire, or need of law enforcement (dial 911)
o Open any desk, file cabinet, or storage cabinet
o Remove any articles from desks
o Consume any food or beverage, other than brought with or purchased by the employee and only in areas designated as break or lunch rooms • Employee Appearance and Identification
Contractor personnel shall present a neat appearance and be easily recognized as Contractor employees
Each employee shall possess an identification badge and/or uniform Identification badges may be worn on collared shirts or tee shirts with company logos
Each employee shall be required to wear long pants
No shorts, skirts, or open-toed shoes are allowed
96 Exhibit INS-B
• Security
Only authorized employees of the City and Contractor are allowed in the facilities at any time. All such employees must be working while inside the facilities Contractor shall sign for and be responsible for all keys issued to contractor’s staff.
Contractor shall pay City a minimum of $25.00 per lost key and shall pay for all building re-keying necessary due to the lost key, as determined by City • Schedule
Contractor shall submit a work schedule for City approval prior to the start of the contract. Work schedule shall include the number of employees and their hours each day throughout the week including Sundays.
• Quality Control Program
Contractor shall provide and maintain a Quality Control Program for all work conducted and as specified in this agreement
A Weekly spreadsheet report and photos must be submitted to the OTC manager quantifying the work performed on daily services (interior & exterior), graffiti, weekly services, monthly services, bi-monthly services, quarterly services, and annual services.
Contractor shall provide a copy of quality control procedures, safety procedures, and improvement programs currently in place to City prior to commencing contracted work and upon demand at any time by City.
Employment Practices: Contractor shall provide the firm’s employment policies and procedures, as well as any equal employment opportunity and affirmative action policies. In addition, include a summary of the firm’s training and injury/illness prevention programs. Property Damage: Contractor shall be responsible for any damage to facilities or contents resulting from activities performed by or on behalf of the Contractor; products and completed operations of the Contractor during the performance of the contract. In the event that there is damage to City property, the Contractor’s supervising employee will immediately report the incident to the appropriate Manager in writing. Any such damage will be repaired by the Contractor at his/her expense and to the satisfaction of the City. Missed Cleanings: Should the Contractor fail to provide a scheduled janitorial service the City will automatically remove payment for that service from the invoice. Continued failure to provide the appropriate service on schedule may result in termination of the contract. 97 Exhibit INS-B
Labor Strike: It is the Contractor’s responsibility to provide continuous maintenance services, without interruption, to all buildings and facilities specified herein. In the event of a labor action, the Contractor shall provide other means, at the Contractor’s expense, to provide continuous and comparable service. Failure to do so will cause the City to take whatever action is necessary to provide the service, with any cost above and beyond the Contractor’s normal rates (which will be deducted from the Contractor’s payment) to the City being borne by the Contractor. Employee Removal: The City reserves the right to reject any representative of the Contractor’s workforce. It shall be the Contractor’s responsibility to replace such rejected workers in a manner that will not affect the execution of the contract responsibilities as specified in the contract document. Contractor shall in no way interpret such removal to require dismissal or other disciplinary action of the employee. Contractor shall remove an employee from assignment at City’s request.
The Displaced Janitors Opportunity Act (California Labor Code SB 1060 et seq.) • California law prohibits at-will termination of janitors and building maintenance personnel under certain circumstances. The Displaced Janitors Opportunity Act (DJOA), enacted in 2002, affects contractors and subcontractors who are awarded janitorial and building maintenance contracts within 30 days of the termination of another janitorial or building maintenance contractor or subcontractor’s contract at the same facility. • The DJOA requires the awarded Contractor with 25 or more employees to hire and retain the previous contractor’s employees for 60 days unless: (A) an employee had less than 4 months of service at the site covered by the successor’s contract, or (B) the successor has just cause to refuse the hired employee. In this context, “just cause” is defined as “reasonable and substantial cause not to hire a particular employee based on that employee’s performance or conduct while performing under the terminated contract.” It remains an open question as to whether something occurring prior to that employee’s hire (such as resume fraud, failure to disclose a prior conviction, or a customer imposing a condition that individuals with certain types of prior convictions would not be permitted on site), but ignored or disregarded by the previous contractor, can be used by the successor to deny employment.
• During the 60-day period after commencing work under the contract, the successor must maintain a preferential hiring list of eligible employees whom it did not retain. It must use that list to hire any additional employees until all of the terminated contractor’s employees have been offered employment. When a contractor is terminated, the contractor must provide a list of employees at the site to the person or company to whom they are providing services. The successor must also maintain a list of employees employed at the site, including a list of the many terminated employees who were not retained (stating the reason why they were not retained).
98 Exhibit INS-B
EXHIBIT B
TRADE SERVICE AGREEMENT
(CITY of Oxnard and CCS Los Angeles Janitorial, Inc.)
SCHEDULE OF COMPENSATION
Services Monthly Cost
Janitorial $11,054.40
Oxnard Transit
Center Cost per Staff Hour
Cost per Staff Hour
for Special
Requests /
Emergency
Cleaning
Estimated Total
Weekly Billed Staff
Hours
Service (Allinclusive, Furnish
Labor, Materials,
Supplies &
Equipment
$31.77 $45.00 80
99 Exhibit INS-B
EXHIBIT C
TRADE SERVICES AGREEMENT
(CITY of Oxnard and CCS Los Angeles Janitorial, Inc.)
INSURANCE REQUIREMENTS
Prior to contract approval, CONSULTANT/SERVICE PROVIDER/SELLER/BIDDER (hereafter referred to as “SERVICE PROVIDER”) must procure, agree to maintain and supply evidence of insurance at the levels listed and in accordance with the other provisions listed in this document.
Exhibit INS-B
100
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 following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Consultant, its agents, representatives, employees or subconsultants. a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project or shall be twice the occurrence amount;
b. Business automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto”; c. Workers’ compensation insurance in compliance with 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. Consultant shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements affecting coverage required by this Exhibit INS-B. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before work commences. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email (or fax if necessary) to the Risk Manager, addressed as follows (do not send hard copies):
City of Oxnard Insurance Compliance Reference No. P.O. Box 100085 – OX Duluth, GA 30096 Via Email: [email protected] Via Fax: 678-259-1007
3. Consultant agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled by either party, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.
4. Consultant agrees that the commercial general liability and business automobile liability insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. 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-B or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available. CG 2010 with an edition date prior to 01/04 and CG 2037).
5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
6. Any deductibles or self-insured retentions must be declared to and approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its City Council, officers, employees and volunteers, or the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
7. All insurance standards applicable to Consultant shall also be applicable to Consultant’s subconsultants. Consultant agrees to maintain appropriate agreements with subconsultants and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.
INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS Certificates of Insurance
101
Exhibit INS-B
The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample.
Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notes 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-B.doc
102
Exhibit INS-B
SAMPLE
ACORD CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
CODE SUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE
INSURED COMPANY
LETTER A SPECIFY COMPANY NAMES IN THIS SPACE
COMPANY
LETTER B
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DD/YY)
LIMITS
A GENERAL LIABILITY
[x] COMMERCIAL GENERAL LIABILITY
[x] CLAIMS MADE [x] OCCUR.
[x] OWNER'S & CONTRACTOR'S PROT.
GENERAL AGGREGATE $1,000,000 PRODUCTS COMP/OP AGG. $1,000,000 PERSONAL & ADV. INJURY $1,000,000 EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $
A AUTOMOBILE LIABILITY [x] ANY 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
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
CERTIFICATE HOLDER
CITY OF OXNARD
Attn: Insurance Compliance
Reference No._______
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. 12/22 INS-B.doc
103
Exhibit INS-B
Rev. 12/22 INS-B.doc
GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO. ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to coverage. Per Occurrence
Per Claim (which)
NAMED INSURED
APPLICABILITY This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS TYPE OF INSURANCE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
COMPREHENSIVE GENERAL LIABILITY
OWNERS & CONTRACTORS PROTECTIVE
Claims Made
Retroactive Date
Occurrence
OTHER PROVISIONS
COVERAGES LIABILITY LIMITS IN THOUSANDS $
EACH OCCURRENCE AGGREGATE
GENERAL
PRODUCTS/COMPLETED OPERATIONS
PERSONAL & ADVERTISING INJURY
FIRE DAMAGE
Underwriter=s representative for claims pursuant to this insurance.
CLAIMS:
Name:
Address:
Telephone: ( )
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or b. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.
Except as stated above 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._______
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
104
Agreement No. 32300156
AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO. ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to NAMED INSURED coverage. Per Occurrence Per Claim (which) APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE OTHER PROVISIONS
COMMERCIAL AUTO POLICY
BUSINESS AUTO POLICY
OTHER
LIMIT OF LIABILITY CLAIMS: Underwriter’s representative for claims pursuant to this insurance.
Name:
Address:
Telephone: ( )
$ per accident, for bodily injury and property damage.
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or b. If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).
Except as stated above nothing 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._______
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. 12/22 INS-B.doc
105
Exhibit INS-B
EXHIBIT D
TRADE SERVICES AGREEMENT
(CITY of Oxnard and CCS Los Angeles Janitorial, Inc.)
LIVING WAGE POLICY
Pursuant to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in all standard trade services contracts and all unique trade services contracts governed by the Living Wage Policy.
A. SERVICE PROVIDER shall compensate any employee of SERVICE PROVIDER who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit. While this Agreement is in effect, SERVICE PROVIDER shall pay such employee no less than $18.22 per hour for each hour that such employee provides services under this Agreement. In addition, while this Agreement is in effect, SERVICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year.
B. SERVICE PROVIDER agrees to post, at a location readily accessible to those employees providing services to the CITY, a copy of the Living Wage Policy adopted by City Council on July 9, 2002 and effective October 1, 2002.
C. If SERVICE PROVIDER fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to SERVICE PROVIDER, effective immediately.
D. In addition, if SERVICE PROVIDER fails to comply with the Living Wage Policy in any manner, SERVICE PROVIDER shall pay to CITY a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. SERVICE PROVIDER shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to SERVICE PROVIDER of the amount owed.
106
Exhibit INS-B
CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2022
SERVICE PROVIDER shall compensate any employee of SERVICE PROVIDER who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit D. While this Agreement is in effect, SERVICE PROVIDER shall pay such employee no less than $18.22 per hour for each hour that such employee provides services under this Agreement. This hourly rate shall be adjusted on July 1, 2023, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982-84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, SERVICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year.
a. SERVICE PROVIDER agrees to post, at a location readily accessible to those employees providing services to the CITY, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002 and effective October 1, 2002. b. If SERVICE PROVIDER fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to SERVICE PROVIDER, effective immediately. c. In addition, if SERVICE PROVIDER fails to comply with the Living Wage Policy in any manner, SERVICE PROVIDER shall pay to CITY a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. SERVICE PROVIDER shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to SERVICE PROVIDER of the amount owed.
107
Exhibit INS-B
EXHIBIT E
TRADE SERVICES AGREEMENT
(CITY of Oxnard and CCS Los Angeles Janitorial, Inc.)
PREVAILING WAGE
1. SERVICE PROVIDER acknowledges that the Project defined in the Agreement between SERVICE PROVIDER and CITY is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and that this Agreement is subject to Chapter 1 and the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. SERVICE PROVIDER shall perform the Project as a public work. SERVICE PROVIDER shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.
2. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. SERVICE PROVIDER acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and SERVICE PROVIDER shall post such rates at each job site covered by this Agreement.
3. SERVICE PROVIDER is required to post job site notices, as prescribed by regulation. See Labor Code Section 1771.4(a)(2).
4. SERVICE PROVIDER shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. SERVICE PROVIDER shall, as a penalty to CITY, forfeit not more than $200 for each calendar day or portion thereof for each worker paid less than the DIR’s determined prevailing rates for the work or craft in which the worker is employed pursuant to this Agreement by SERVICE PROVIDER or any subcontractor. The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.
5. SERVICE PROVIDER shall comply with Labor Code Section 1776, which requires SERVICE PROVIDER and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, (2) certify and make such payroll records available for inspection, and (3) inform CITY of the location of the records.
6. SERVICE PROVIDER shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations. Before commencing work under this Agreement, SERVICE PROVIDER shall provide CITY with a copy of the information submitted to any applicable 108
Exhibit INS-B
apprenticeship program. Within 60 days after concluding the Project, SERVICE PROVIDER and each of its subcontractors shall submit to CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.
7. SERVICE PROVIDER may not be debarred or suspended throughout the Agreement Term pursuant to Labor Code Section 1777.1 or 1777.7. If he, she or it becomes debarred or suspended in the Agreement Term, SERVICE PROVIDER must immediately notify CITY.
8. SERVICE PROVIDER is 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 currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. SERVICE PROVIDER shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provision does not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.
9. SERVICE PROVIDER acknowledges that 8 hours labor constitutes a legal day’s work. SERVICE PROVIDER shall comply with and be bound by Labor Code Section 1810.
10. SERVICE PROVIDER shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours. SERVICE PROVIDER shall, as a penalty to CITY, forfeit $25 for each worker employed in the performance of this Agreement by SERVICE PROVIDER or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by SERVICE PROVIDER’s employees in excess of 8 hours per day and 40 hours per week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.
11. The Project listed in the Agreement is subject to compliance monitoring and enforcement by the DIR.
12. SERVICE PROVIDER shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. SERVICE PROVIDER shall include in the written contract between it and each subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statutory provisions. SERVICE PROVIDER shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ compliance, including without limitation, conducting a periodic review of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified 109
Exhibit INS-B
prevailing rate of wages, SERVICE PROVIDER shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent, SERVICE PROVIDER shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify CITY, its legislative bodies, and its officials, officers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Service Provider, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of SERVICE PROVIDER under this Section shall survive Agreement termination. 110
Agreement 32300156 with CCS Los Angeles
Janitorial, Inc. for Custodial Services at Oxnard
Transportation Center
Public Works and Transportation Committee
December 27, 2022
Brian Yanez
Assistant Public Works Director
111
That the Public Works and Transportation Committee
recommend that the City Council approve and authorize an Agreement with CCS Los Angeles Janitorial, Inc. for a term of one year with the option to extend for two consecutive periods of one year each upon the written agreement of both parties for a maximum possible contract term of three (3) years, and for a total contract not-to-exceed amount over the entire possible contract term of $600,000 to provide custodial services for the Oxnard Transportation Center
RECOMMENDATION 2
112
• The Oxnard Transportation Center (OTC) has contracted custodial services for the past 20 years
• Contracted custodial services provides a full complement of services for the interior and exterior at the OTC including rubbish disposal, anti-bacterial agents, vacuuming, floor waxing, dusting, graffiti removal, window cleaning,
polishing and thorough break and restroom sanitation. In addition, the vendor provides all cleaning supplies and provisions
• Additionally, the vendor provides all necessary equipment, cleaning supplies and provisions
BACKGROUND 3
113
• On August 26, 2022, the City issued a formal Request for Proposal (RFP) PW 22-19 for custodial services
• A non-mandatory walk-through was conducted on
September 8, 2022
• October 7, 2022 the RFP closed and six bids were received • CCS Los Angeles Janitorial, Inc. (CCS) was selected
through the awarding process, pursuant to the process
outlined in the Oxnard Municipal Code
DISCUSSION 4
114
• Total cost for this agreement with CCS Los Angeles
Janitorial, Inc. shall not exceed $600,000 through
February 4, 2026, if extended
• Sufficient funds are available in the Oxnard
Transportation Fund
• The “As-Needed” amounts are a contingency that will
be applied for any one-time or unforeseen
emergencies
• No General Fund money will be used for this
agreement
FINANCIAL IMPACT 5
115
Estimated Spending Plan
FINANCIAL IMPACT
Fund Account FY 22-23
5 months
FY 23-24
12 months
FY 24-25
12 months
FY 25-26
7 months
TOTAL
OTC 90403201-
53200 $55,275 $140,975 $162,150 $102,350 $460,750
As-Needed 90403201-
53200 $19,250 $46,500 $46,500 $27,000 $139,250
Total $74,525 $187,475 $208,650 $129,350 $600,000
6 116
QUESTIONS
7 117
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.6
DATE: January 17, 2023
TO: Oxnard Community Development Commission Successor Agency FROM: Ashley Golden, Assistant City Manager, (805) 385-7478, [email protected] SUBJECT: Eighth Annual Recognized Obligation Payment Schedule 2023-24.
RECOMMENDATION
That the Community Development Commission Successor Agency adopt a Resolution approving the Eighth Annual Recognized Obligation Payment Schedule (ROPS) 23-24 covering the period of July 1, 2023 - June 30, 2024.
BACKGROUND
As part of the 2011 Budget Act, and to protect funding for core public services at the local level, the California Legislature approved the dissolution of the state’s 400 plus Redevelopment Agencies (RDAs). On February 1, 2012, all RDAs in the state of California were officially dissolved. As a result of eliminating RDAs, property tax revenues are now used to pay required payments on existing bonds, other obligations, and pass-through payments to local governments. The remaining property tax revenues that exceed the enforceable obligations are allocated to cities, counties, special districts, and school and community college districts.
To help facilitate the wind-down process at the local level, each city formed a Successor Agency (SA), which manages redevelopment projects currently underway, makes payments on enforceable obligations, and disposes of redevelopment assets and properties. In the City of Oxnard, the City Council acts as the SA to Oxnard’s former RDA, the Community Development Commission. Each SA has an Oversight Board (OB) that supervises its work. As specified in California Senate Bill 107 and beginning on July 1, 2018, all OBs in the County were consolidated into one OB, the Ventura County Consolidated Oversight Board (County OB). The 7-member County OB comprises representatives of the local agencies from Ventura County cities, special districts, and K-14 educational agencies. The County OB members have a fiduciary responsibility to holders of enforceable obligations and the local agencies that would benefit from property tax distributions from the former redevelopment project areas.
Pursuant to California Health and Safety Code Section 34177(l)(1), the City, as SA to the former Oxnard Community Development Commission, is required to prepare an annual ROPS documenting the enforceable obligations of the former RDA for the coming fiscal year. This ROPS covers the period July 1, 2023, through June 30, 2024 (ROPS 23-24) and, per California Health and Safety Code Section 34177(m), must be submitted to the California Department of Finance (DOF) after approval by the County OB, no later than February 1, 2023.
The ROPS 23-24 period totals $10,076,739 in SA enforceable obligations. These obligations include bond debt service, developer agreement payments, special tax district assessment, property tax analysis agreements, and contracts enforceable by the SA. The majority of the SA’s ROPS 23-24 enforceable obligations, approximately $5.9 million, come from the debt service from the bonds issued by the former RDA in prior years, before the dissolution of redevelopment in the City. This year’s ROPS has no change to the number of items on the list and the overall obligation is also relatively the same as last year (2022-23 ROPS total: $10,074,694 vs 2023-24 ROPS total: $10,076,739). One item of note is the reduction to $0 (from $50K) of the “property disposition” obligation with Kane, Ballmer, and Berkman due to all SA properties being disposed of in the 22-23 fiscal year.
118
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
Approval of the Eighth Annual ROPS 23-24 will facilitate the SA's ability to continue paying the enforceable obligations of the former Community Development Commission and is among the reasonable measures required to avoid triggering an event of default under any enforceable obligations. Certification of the ROPS allows the SA to collect property tax revenues from the Ventura County Auditor-Controller in an amount sufficient to pay the obligations listed on the ROPS 23-24 on time.
The General Fund is not responsible for these enforceable obligations.
The Eighth Annual ROPS 23-24 must be submitted to the DOF by February 1, 2023. If this deadline is not met, the City is subject to a civil penalty of $10,000 every day that a SA is past due on submission.
COMMITTEE OUTCOME
As this is a routine item considered annually, this item did not originate in Committee.
Prepared by: Adam Smith, Project Manager
ATTACHMENTS
1. Oxnard ROPS 23-24 SA Form
2. Oxnard ROPS 23-24 SA Resolution (1)
119
Recognized Obligation Payment Schedule (ROPS 23-24) - Summary Filed for the July 1, 2023 through June 30, 2024 Period Successor Agency: Oxnard
County: Ventura
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
23-24A Total
(July -
December)
23-24B Total
(January -
June)
ROPS 23-24
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ 2,625,847 $ - $ 2,625,847 B Bond Proceeds - - -
C Reserve Balance 2,625,847 - 2,625,847
D Other Funds - - -
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 2,116,764 $ 5,334,128 $ 7,450,892 F RPTTF 2,034,264 5,251,628 7,285,892
G Administrative RPTTF 82,500 82,500 165,000
H Current Period Enforceable Obligations (A+E) $ 4,742,611 $ 5,334,128 $ 10,076,739 Certification of Oversight Board Chairman:
Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
120
Oxnard
Recognized Obligation Payment Schedule (ROPS 23-24) - ROPS Detail July 1, 2023 through June 30, 2024
A B C D E F G H I J K L M N O P Q R S T U V W
Item
#
Project
Name
Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project Area
Total
Outstanding
Obligation
Retired ROPS
23-24 Total
ROPS 23-24A (Jul - Dec)
23-24A
Total
ROPS 23-24B (Jan - Jun)
23-24B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
$76,243,853 $10,076,739 $- $2,625,847 $- $2,034,264 $82,500 $4,742,611 $- $- $- $5,251,628 $82,500 $5,334,128 1 CCRP Tax
Allocation
Refunding
Bond 2004
Bonds
Issued On or
Before 12/
31/10
04/13/
2004
09/01/2026 Wells Fargo/
Finance
Downtown
Infrastructure,
Capital
Improvement
Projects and
Façade
Program;
including debt
management
costs
CCRP 4,765,921 N $2,331,384 - 1,112,044 - - - $1,112,044 - - - 1,219,340 - $1,219,340 2 CCRP
Assessment
District
Payment
Property
Maintenance
07/01/
2006
06/30/2024 Ox.
Downtown
Mgmt District
Property
Based
Improvement
District
Payment
CCRP - N $- - - - - - $- - - - - - $-
10 Project
Management
Project
Management
Costs
01/01/
2014
06/30/2024 City
Community
Development
Property
management,
project
management
and inspection
Central City
Revitalization
Project
6,200 N $6,200 - - - 6,200 - $6,200 - - - - - $-
15 Project
Management
Project
Management
Costs
01/01/
2014
06/30/2024 City
Community
Development
Property
management,
project
management
and inspection
Downtown 10,000 N $10,000 - - - 10,000 - $10,000 - - - - - $- 17 HERO Tax
Alloc Bond
2006
Bonds
Issued On or
Before 12/
31/10
12/13/
2006
09/01/2036 Wells Fargo/
Finance
Street
Reconstruction
Projects;
including debt
management
costs
HERO 10,601,510 N $1,362,870 - 584,616 - - - $584,616 - - - 778,254 - $778,254 18 HERO Tax
Alloc Bond
2008
Bonds
Issued On or
Before 12/
31/10
06/17/
2008
09/01/2038 Wells Fargo/
Finance
RiverPark
Parking
Structure
Infrastructure;
including debt
management
costs
HERO 12,868,289 N $1,220,637 - 500,709 - - - $500,709 - - - 719,928 - $719,928 24 HERO
RiverPark
OPA/DDA/
Construction
05/18/
2010
06/30/2036 U.S. Bank,
NA
Affordable
Housing
HERO 9,500,000 N $675,253 - - - 337,626 - $337,626 - - - 337,627 - $337,627 40 HERO
RiverPark
MOU to OPA
OPA/DDA/
Construction
09/26/
2010
06/30/2036 U.S. Bank,
NA
Infrastructure
reimbursement
payments per
MOU to OPA
HERO 20,450,000 N $1,482,076 - - - 741,038 - $741,038 - - - 741,038 - $741,038 121
A B C D E F G H I J K L M N O P Q R S T U V W
Item
#
Project
Name
Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project Area
Total
Outstanding
Obligation
Retired ROPS
23-24 Total
ROPS 23-24A (Jul - Dec)
23-24A
Total
ROPS 23-24B (Jan - Jun)
23-24B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
44 Project
Management
Project
Management
Costs
01/01/
2014
06/30/2024 City
Employees
Property
management,
project
management
and inspection
HERO 8,000 N $8,000 - - - 8,000 - $8,000 - - - - - $-
48 Ormond
Beach Tax
Alloc Bond
2006
Bonds
Issued On or
Before 12/
31/10
12/13/
2006
09/01/2036 Wells Fargo Street
Reconstruction
Project
Ormond
Beach
4,425,319 N $618,442 - 272,214 - - - $272,214 - - - 346,228 - $346,228 49 Project
Management
Project
Management
Costs
01/01/
2014
06/30/2024 City
Employees
Property
management,
project
management
and inspection
Ormond
Beach
5,000 N $5,000 - - - 5,000 - $5,000 - - - - - $-
50 Southwinds
Tax
Allocation
Bond 2006
Bonds
Issued On or
Before 12/
31/10
12/13/
2006
09/01/2036 Wells Fargo Street
Reconstruction
Bond
Southwinds 2,528,614 N $354,077 - 156,264 - - - $156,264 - - - 197,813 - $197,813 51 Project
Management
Project
Management
Costs
01/01/
2014
06/30/2024 City
Employees
Property
management,
project
management
and inspection
Southwinds 5,000 N $5,000 - - - 5,000 - $5,000 - - - - - $- 52 Downtown
Lease
Guarantee
Pmt 50%
OPA/DDA/
Construction
11/26/
2003
11/26/2030 Oxnard
Theater
Group
*Downtown
Theater lease
guarantee
payment
CCRP/DT 10,895,000 N $1,822,800 - - - 911,400 - $911,400 - - - 911,400 - $911,400 63 Trustee
Services
Fees 01/01/
2014
06/30/2024 Wells Fargo
Bank
Debt service
administration
for bond
issues
CCRP/
HERO/SW/
Ormond
10,000 N $10,000 - - - 10,000 - $10,000 - - - - - $-
98 Litigation for
Future Legal
Costs
Litigation 01/01/
2003
06/30/2024 Kane,
Ballmer, and
Berkman
Agency Legal
Counsel
All - N $- - - - - - $- - - - - - $-
101 Disposition
of Successor
Agency
Property
Property
Dispositions
01/01/
2017
06/30/2024 Kane,
Ballmer, and
Berkman
Agency Legal
Counsel
- N $- - - - - - $- - - - - - $-
106 Admin Costs Admin Costs 07/01/
2022
06/30/2024 Oxnard CDC
Successor
Agency
Admin Costs 165,000 N $165,000 - - - - 82,500 $82,500 - - - - 82,500 $82,500 122
Oxnard
Recognized Obligation Payment Schedule (ROPS 23-24) - Report of Cash Balances July 1, 2020 through June 30, 2021
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.
A B C D E F G H
ROPS 20-21 Cash Balances
(07/01/20 - 06/30/21)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.
Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/20)
RPTTF amount should exclude "A" period distribution
amount.
3,171,842 2,512,625 181,682 1,505,331
2 Revenue/Income (Actual 06/30/21)
RPTTF amount should tie to the ROPS 20-21 total
distribution from the County Auditor-Controller
99,515 79,196 6,521,364
3 Expenditures for ROPS 20-21 Enforceable Obligations
(Actual 06/30/21)
125 2,512,625 18,331 4,704,476
4 Retention of Available Cash Balance (Actual 06/30/21) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
3,271,232 3,217,405
5 ROPS 20-21 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 20-21 PPA
form submitted to the CAC
No entry required 104,814
6 Ending Actual Available Cash Balance (06/30/21)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $- $- $242,547 $-
123
Oxnard
Recognized Obligation Payment Schedule (ROPS 23-24) - Notes July 1, 2023 through June 30, 2024
Item # Notes/Comments
1 2
10 15
17 18
24 40
44 48
49 50
51 52
63 98
101
106
124
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY RESOLUTION NO.
RESOLUTION OF THE OXNARD COMMUNITY DEVELOPMENT
COMMISSION SUCCESSOR AGENCY ADOPTING AN EIGHTH
ANNUAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE
(ROPS 23-24) FOR JULY 1, 2023 – JUNE 30, 2024
WHEREAS, Assembly Bill x1 26 (“AB 26”) and AB x1 27 (“AB 27”) were passed by the State Legislature on June 15, 2011 and signed by the Governor on June 28, 2011; and WHEREAS, among other things, AB 26 amends Sections 33500, 33501, 33607.5 and 33607.7 of the California Health and Safety Code and adds Part 1.8 and Part 1.85 to Division 24 of the California Health and Safety Code; and
WHEREAS, by enactment of Part 1.85 of Division 24 of the Health and Safety Code, subject to all reservations herein stated, the Community Development Commission was dissolved as of February 1, 2012, such that the Community Development Commission shall be deemed a former redevelopment agency under Health and Safety Code section 34173(a); and WHEREAS, Health and Safety Code section 34173(a) designates successor agencies as successor entities to former redevelopment agencies; and WHEREAS, on January 10, 2012, by Resolution 14,135, the City Council of the City of Oxnard declared itself as the successor agency upon the dissolution of the Community Development Commission, subject to all reservations stated in such resolution; and WHEREAS, the California Supreme Court in California Redevelopment Association v.
Matosantos, Case No. S194861 upheld the constitutionality of ABx1 26 and established May 1, 2012 as the date by which the draft Recognized Obligation Payment Schedule (“ROPS”) must be prepared; and
WHEREAS, California Health and Safety Code Section 34171(h) and 34177(m) provide that a successor agency must prepare a ROPS every six months after the initial ROPS period; and WHEREAS, on April 24, 2012, the Successor Agency adopted a Draft ROPS; and WHEREAS, on April 25, 2012, the Oversight Board to the Oxnard Community Development Commission Successor Agency directed Successor Agency Staff to amend the ROPS to incorporate the State Department of Finance’s revised ROPS format; and WHEREAS, on May 8, 2012, a revised Amended ROPS I was adopted by the Successor Agency and identified enforceable obligations for the period of February 1, 2012, through June 125
Resolution No. _______
30, 2012; and
WHEREAS, on May 8, 2012, a ROPS II was adopted by the Successor Agency and identified enforceable obligations for the period of July 1, 2012, through December 31, 2012; and WHEREAS, on July 22, 2012, a ROPS III was adopted by the Successor Agency and identified enforceable obligations for the period of January 1, 2013, through June 30, 2013; and WHEREAS, on February 12, 2013, a ROPS IV (13-14A) was adopted by the Successor Agency and identified enforceable obligations for the period of July 1, 2013, through December 31, 2013; and
WHEREAS, on September 10, 2013, a ROPS V (13-14B) was adopted by the Successor Agency and identified enforceable obligations for the period of January 1, 2014, through June 30, 2014; and
WHEREAS, on February 11, 2014, a ROPS VI (14-15A) was adopted by the Successor Agency and identified enforceable obligations for the period of July 1, 2014, through December 31, 2014; and
WHEREAS, on September 9, 2014, a ROPS VII (14-15B) was adopted by the Successor Agency and identified enforceable obligations for the period of January 1, 2015, through June 30, 2015; and
WHEREAS, on February 24, 2015, a ROPS VIII (15-16A) was adopted by the Successor Agency and identified enforceable obligations for the period of July 1, 2015, through December 31, 2015; and
WHEREAS, on September 1, 2015, a ROPS IX (15-16B) was adopted by the Successor Agency and identified enforceable obligations for the period of January 1, 2016, through June 30, 2016; and
WHEREAS, SB 107 terminates the every six months ROPS timeline as of December 31, 2015, and instead requires annual ROPS reporting starting with the first annual ROPS 16-17 for the period beginning July 1, 2016, and ending June 30, 2017; and WHEREAS, California Health and Safety Code Section 34177(o) provides that a successor agency must prepare a ROPS every twelve months; and
WHEREAS, on January 19, 2016, the First Annual ROPS (16-17) was adopted by the Successor Agency and identified enforceable obligations for the period of July 1, 2016, through June 30, 2017; and
126
Resolution No. _______
WHEREAS, on January 24, 2017, the Second Annual ROPS (17-18) was adopted by the Successor Agency and identified enforceable obligations for the period of July 1, 2017, through June 30, 2018; and
WHEREAS, on January 23, 2018, the Third Annual ROPS (18-19) was adopted by the Successor Agency and identified enforceable obligations for the period of July 1, 2018, through June 30, 2019; and
WHEREAS, on September 11, 2018, an amended Third Annual ROPS (18-19B) was adopted by the Successor Agency and identified enforceable obligations for the period of January 1, 2019, through June 30, 2019; and
WHEREAS, on January 8, 2019, the Fourth Annual ROPS (19-20) was adopted by the Successor Agency and identified enforceable obligations for the period of July 1, 2019, through June 30, 2020; and
WHEREAS, on January 7, 2020, the Fifth Annual ROPS (20-21) was adopted by the Successor Agency and identified enforceable obligations for the period of July 1, 2020, through June 30, 2021; and
WHEREAS, on September 1, 2020, an amended Fifth Annual ROPS (20-21B) was adopted by the Successor Agency and identified enforceable obligations for the period of January 1, 2021, through June 30, 2021; and
WHEREAS, on January 19, 2021, a Sixth Annual ROPS (21-22) was adopted by the Successor Agency and identified enforceable obligations for the period of July 1, 2021, through June 30, 2022; and
WHEREAS, on January 18, 2022, a Seventh Annual ROPS (22-23) was adopted by the Successor Agency and identified enforceable obligations for the period of July 1, 2022, through June 30, 2023; and
WHEREAS, on January 17, 2023, the Successor Agency was presented the proposed Eighth Annual ROPS (23-24) which identifies each enforceable obligation on which payments will be required during the period of July 1, 2023, through June 30, 2024.
NOW, THEREFORE, THE OXNARD COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:
Section 1. The Oxnard Community Development Commission Successor Agency hereby finds and determines that the foregoing recitals are true and correct. 127
Resolution No. _______
Section 2. All legal prerequisites to the adoption of this Resolution have occurred.
Section 3. The attached Proposed ROPS is hereby adopted.
Section 4. Successor Agency staff is hereby authorized to administratively amend the ROPS in order to modify, adjust or remove line items pending the outcome of review by the Oversight Board, the County Auditor-Controller, and/or the California Department of Finance and to format the ROPS to conform with State Department of Finance requirements not yet published, and to take all necessary and appropriate actions to prepare and submit the ROPS, provided, however, that neither such authorization nor such removal shall be deemed to be, nor are they intended as, an acknowledgment of the validity of ABx1 26 and AB 1484 or such action by the Oversight Board, the County Auditor-Controller and/or the California Department of Finance. The Successor Agency reserves all rights to challenge the validity and/or application of any or all provisions of ABx1 26 and AB 1484 in any administrative or judicial proceeding, without prejudice to the Successor Agency's right to list any such removed item on this or a future ROPS. The Successor Agency reserves the right to pursue any and all appeals and any available legal or equitable remedy provided or available by law to obtain the correction of any erroneous decision regarding the ROPS.
Section 5. This Resolution shall take effect immediately upon its adoption.
Section 6. The Successor Agency’s Secretary Designate shall certify as to the adoption of this resolution.
PASSED, APPROVED and ADOPTED this day of , 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
John C. Zaragoza, Chairman
ATTEST: APPROVED AS TO FORM:
____________________________ _______________________________ Rose Chaparro, Secretary Designate Stephen M. Fischer, General Counsel 128
Resolution No. _______
129
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.7
DATE: January 17, 2023
TO: City Council
FROM: Jason Benites, Police Chief, (805) 385-7624, [email protected] SUBJECT: Resolution Commending Regina Martin for Thirty-Two Years of Service to the City of Oxnard.
RECOMMENDATION
That the City Council adopt a resolution commending Regina Martin for Thirty-Two Years of Service to the City of Oxnard.
(This item did not originate in Committee.)
BACKGROUND
On December 23, 2022, Regina Martin will retire after thirty-two years of outstanding service to the City of Oxnard as a member of the Oxnard Police Department.
Regina Martin began her career with the City of Oxnard as a Police Records Clerk in 1990, and thereafter she was promoted, accepting positions of increasing responsibility, scope and challenge, and will retire as a Police Records Technician II. The City of Oxnard would like to both thank her, and commend her for her service.
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
There is no financial impact.
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Nellie Estrada, Administrative Assistant
ATTACHMENTS
1. Resolution Commending Regina Martin
130
CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD
COMMENDING REGINA MARTIN FOR 32 YEARS OF EXEMPLARY SERVICE TO
THE CITY OF OXNARD
WHEREAS, Regina Martin has given over 32 years of exemplary service as an employee of the City of Oxnard; and
WHEREAS, Regina Martin began her career with the City of Oxnard as a Police Records Clerk on April 16, 1989, and thereafter she was promoted accepting positions of increasing responsibility, scope and challenge resulting in her achieving her final position of Police Records Technician II; and
WHEREAS, Regina Martin exemplified administrative proficiency through her depth of knowledge of police records laws and policies, interpersonal skills, public service dedication, and her commitment to provide exceptional external and internal customer service; and WHEREAS, throughout her career Regina Martin earned a reputation for being a dedicated, dependable, courteous, reliable, and responsible employee by her coworkers, peers and the community members she’s worked with; and
WHEREAS, Regina Martin, has throughout her career, held the best interest of the City, which at times meant sacrificing time with her family for work; and WHEREAS, Regina Martin will be missed in City government and in the community she has served for the last 32 years.
NOW, THEREFORE, the City Council of the City of Oxnard does hereby resolve to commend, recognize and extend its gratitude to Regina Martin for over 32 years of exemplary service to the City of Oxnard and extends best wishes for a fun and fulfilling retirement with family and friends.
131
NOW, THEREFORE, the City Council of the City of Oxnard resolves:
PASSED AND ADOPTED THIS 17th day of January 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
John C. Zaragoza, Mayor
ATTEST:
Rose Chaparro, City Clerk
APPROVED AS TO FORM:
Stephen M. Fischer, City Attorney
132
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.8
DATE: January 17, 2023
TO: City Council
FROM: Ashley Golden, Assistant City Manager, (805) 385-7478, [email protected] SUBJECT: Adoption of Ordinance No. 3022 - Regulating the Use and Distribution of Expanded Polystyrene Foodware and Products in the City of Oxnard.
RECOMMENDATION
That the City Council adopt Ordinance No. 3022 titled “Ordinance of the City of Oxnard, California adding Article XXV to Chapter 7 of the Oxnard City Code prohibiting the use, manufacturing, distribution, and sale of designated polystyrene products” and find that the ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to section 15061(b)(3) of the CEQA Guidelines.
BACKGROUND
Ordinance No. 3022 was introduced to the City Council at its January 3, 2023 meeting. The Council introduced the ordinance for first reading for future adoption with a 6-0 vote. Staff has received no comments on the ordinance since its introduction. If adopted by Council on January 17, 2023, the ordinance will take effect in thirty days, on February 15, 2023.
Small grammatical edits were made to the Ordinance after the first reading on January 3, 2023. The edits added a comma in the title of section 7-355 and removed Part 7 to conform to the City's ordinance template.
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
Enforcement of this ordinance will occur as part of the Community Development Department/Code Compliance Division’s normal operations. Enforcement will not be proactive and will follow typical site inspection processes.
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 City Council approval.
Prepared by: Kathleen Mallory, Planning & Sustainability Manager, Chelsey Ballot, Deputy City Attorney, Rosheil Ramirez, Data Entry Operator
ATTACHMENTS
1. Polystyrene Ban Ordinance
133
134
CITY COUNCIL OF THE CITY OF OXNARD
ORDINANCE NO. 3022
ORDINANCE OF THE CITY OF OXNARD, CALIFORNIA ADDING
ARTICLE XXV TO CHAPTER 7 OF THE OXNARD CITY CODE
PROHIBITING THE USE, MANUFACTURING, DISTRIBUTION, AND
SALE OF DESIGNATED EXPANDED POLYSTYRENE PRODUCTS
WHEREAS, in 2015, the Governor of California approved Senate Bill (SB) 246 creating the Integrated Climate Adaptation and Resiliency Program to develop a cohesive and coordinated response to climate change impacts across State, local, and regional levels; and WHEREAS, in response to SB 246, the City began preparing a Climate Action and Adaptation Plan (CAAP); and
WHEREAS, the City intends to regulate Polystyrene Plastic as a strategy to achieve the environmental and climate goals of the CAAP; and
WHEREAS, Polystyrene Plastic includes Expanded Polystyrene (EPS), known by the trademark Styrofoam, which is commonly used for single-use plates, cups, take-out food containers, and packing materials; and
WHEREAS, EPS is a petroleum-based lightweight plastic material that is slow to degrade and, if disposed of improperly, can leach chemicals into the environment harming water sources; and
WHEREAS, due to its fragility, EPS is one of the most prevalent and hard-to-remove items found on our storm drains, creeks, rivers, beaches, parks, and open space; and WHEREAS, EPS is frequently used by restaurants and food establishments, including mobile food trucks/vehicles/food vendors, street and sidewalk vendors, and outdoor food sales, as containers for take-out food orders or for leftover food after dining; and WHEREAS, plastics persist in the environment for hundreds of years, breaking down into ever smaller pieces through photo, physical, and biological degradation, and enter the food chain when ingested by animals that mistake them for food; and WHEREAS, the California Coastal Commission developed "A Plan of Action from The Plastic Debris Project" in 2006 with funding from the State Water Resources Control Board, that recommends local government impose limits, bans, and prohibitions on materials that commonly become litter and marine debris; and
135
WHEREAS, manufacturing EPS creates enormous amounts of hazardous waste; and WHEREAS, no EPS foodware products are recycled locally; and WHEREAS, to successfully recycle EPS material, it must be clear of oils, food residue, tape, cardboard material, and all possible contaminants, which makes it difficult and costly to process; and
WHEREAS, more than one hundred municipalities in California have adopted ordinances prohibiting or restricting the distribution of polystyrene products and requiring their replacement with cost-effective reusable, recyclable, and/or biodegradable alternatives.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OXNARD DOES ORDAIN AS FOLLOWS:
Part 1. Recitals. The City Council finds that all the recitals, facts, findings, and conclusions set forth above in the preamble of this Ordinance are true and correct.
Part 2. Article XXV is hereby added to Chapter 7 of the Oxnard City Code to read as follows:
“SEC.7-348. GENERAL PROVISIONS
(A) This Article shall be known as “City of Oxnard Prohibition of Designated Expanded Polystyrene Products Ordinance”.
(B) Purpose and Intent. The purpose of this Article is to establish standards and procedures for the distribution, manufacture, and use of expanded polystyrene (EPS) packaging and foodware to achieve environmental and climate change goals under the City’s Climate Action and Adaptation Plan by prohibiting the manufacture, distribution and use of EPS products and foodware within the City of Oxnard.
SEC. 7-349. DEFINITIONS
For the purposes of this Article, the following definitions shall apply:
(A) "Compostable" means all the materials in the product or package will break down, or otherwise become part of usable compost (e.g. soil-conditioning material, mulch). To be considered "Compostable", disposable foodware must meet American Society for Testing and Materials (ASTM) Standards for compostable materials and must be certified by the Biodegradable Products Institute (BPI) as such.
136
(B) "Disposable foodware" or "Disposables" means single-use, disposable products used for serving, transporting, or consuming prepared food, including but not limited to plates, bowls, trays, wrappers or wrapping, platters, cartons, hinged food containers, condiment containers, cups or drink ware, or any other container in or on which prepared foods are placed or packaged for consumption.
(C) "Distribute" means to provide or offer to provide an item, either as a separate transaction or as part of a transaction for another item, regardless of whether compensation is received.
(D) "Encapsulated EPS products" means expanded polystyrene products that have been completely encased by a more durable material that protects the EPS material from disintegration and makes the product suitable for reuse multiple times.
(E) "Expanded polystyrene" or "EPS" means polystyrene that has been expanded or blown using a gaseous blowing agent into a solid foam. EPS is colloquially called "Styrofoam," a Dow Chemical Co. trademark form of polystyrene foam insulation.
(F) "Expanded polystyrene product" or “EPS product” means any item such as a non-encased cooler or ice chest, cup, bowl, plate, hinged food container (clamshell), shipping box, packing material, or any other item made from expanded polystyrene.
(G) "Food provider" means any person or public agency, including the City, that distributes prepared food within the City to the public to be consumed on the premises or for take-away consumption. Food provider includes but is not limited to (1) a grocery store, supermarket, delicatessen, restaurant, drive-thru, quick-service food, cafe, cafeteria, coffee shop, snack shop, public food market, farmers' market, convenience store, employee cafeterias operated at businesses located within the City or similar fixed place where prepared food is available for sale on the premises or for take-away consumption; and (2) any mobile store, food vendor, caterer, food truck, street and sidewalk vendors and outdoor food sales, vending machine or similar mobile outlet. Food Provider also includes any business, organization, or group that regularly provides Prepared Food to its members or the public as part of its activities or services.
(H) “EPS foodware” or “EPS disposable foodware” means disposable foodware made in whole or in part from EPS.
(I) "Polystyrene" means a thermoplastic petrochemical material utilizing the styrene monomer, including but not limited to polystyrene foam or EPS, processed by any number of techniques, including but not limited to fusion of polymer spheres (expandable bead polystyrene), injection molding, 137
foam molding, or extrusion- blow molding (extruded foam polystyrene), and clear or solid polystyrene (oriented polystyrene).
(J) "Prepared food" means any food or beverage that is ready to consume without any further preparation, alteration, or repackaging. (K) "Recyclable" means materials that can be collected for return to the economic mainstream in the form of processed materials, rather than becoming solid waste. Such materials may include paper, cardboard, glass, metal, plastics, vegetable or plant matter, compostables, construction and demolition materials, and other materials specified by the City Manager, for inclusion in the city's recycling program.
SEC. 7-350. PROHIBITION ON EXPANDED POLYSTYRENE
DISPOSABLE FOODWARE
(A) No food provider shall use or distribute any EPS disposable foodware within the City of Oxnard.
(B) Food providers shall:
(1) Only use and distribute disposable foodware made of a non-EPS material; and
(2) Maintain documentation about the composition of any disposable foodware. Documentation may include information from the supplier or manufacturer or provided in the product packaging or any other relevant information that demonstrates that the disposable foodware is not made, in whole or in part, from EPS. Documentation shall be provided to the City if requested.
SEC. 7-351. MANUFACTURE AND DISTRIBUTION OF
EXPANDED POLYSTYRENE PRODUCTS
No person shall manufacture or distribute in the City of Oxnard:
(A) EPS disposable foodware; or
(B) Non-encapsulated EPS products, including ice chests or coolers, packaging and cushioning material intended for the packaging of products, equipment, or other items, including but not limited to, packing or packaging peanuts, popcorn, or noodles.
SEC. 7-352. EXEMPTIONS
The following EPS foodware and products are exempt from the provisions 138
of this Article:
(A) Prepared food packaged outside the City, provided such food is not altered or repackaged within the City limits.
(B) EPS insulated containers designed to safely transport by mail or common carrier prepared food, frozen goods, perishables, pharmaceuticals, biotech, and medical supplies in compliance with the Food and Drug Administration or other regulatory agency recommended temperatures.
(C) EPS containers, plates, or trays for raw eggs, butchered meats, fish, and/or poultry.
(D) Materials secured in response and due to an emergency or for a public health and safety requirement.
(E) The City may exempt a food provider or person when there is a locally declared emergency, a public health and safety requirement or a medical necessity to use an otherwise prohibited EPS product. (F) Construction products made from, or that include, EPS if the products are used in compliance with other City, State, and Federal provisions, codes, ordinances, or regulations.
(G) EPS packaging products which have been received from sources outside the City may be reused to keep them out of the waste stream. (H) EPS materials used to ship goods produced within the City where viable alternatives are not available.
(I) Other EPS products generated or manufactured outside of the City, including: shipping boxes, pool or beach toys, and other wholly encapsulated EPS products.
(J) Situations where no reasonably feasible and available alternative exists to a specific and necessary EPS use.
SEC. 7-353 AUTHORIZATION
(A) The City Manager shall have primary responsibility for enforcement of this Article and shall have authority to issue citations for violation of any provision of this Article. The City Manager may establish regulations or administrative procedures and take any actions reasonable and necessary to further the purpose of this Article or to obtain compliance with this Article, including, without limitation, performing an inspection to verify 139
compliance with this Article.
(B) The City may inspect and monitor affected food providers or persons locations to determine compliance with this Article.
SEC. 7-354 ENFORCEMENT
(A) The City Manager, charged with enforcing the provisions of the Oxnard City Code, or any provision thereof, may enter a food provider’s or person’s location within the City of Oxnard during operating hours and without notice, to request access to records for verification of procurement of EPS compliant foodware or EPS compliant products. If requested by the City, food provider or person shall provide records documenting procurement of compliant materials as stipulated by this Article. (B) It is unlawful for any food provider or person to impede, obstruct, interfere with, or otherwise not allow, the City to conduct an inspection of the location, or inspect, review, or copy records required to be maintained by a food provider or person under this Article. It is also unlawful for a food provider or person to conceal, destroy, deface, or falsify any records or other documents required to be maintained under this Article. (C) It shall be unlawful for any food provider or person to fail to comply with this Article.
(D) Any violation of this Article or other ordinance discovered during an inspection shall constitute a separate offense. (E) Each and every violation of the provisions of this Article is hereby deemed unlawful and a public nuisance.
(F) Upon first violation of any provision of this Article, the City shall issue a written Notice of Violation to the offending food provider or person. The Notice of Violation shall specify the violation(s), and a date by which the violation(s) must be ceased or abated. If, after the specified correction period, the violation is not ceased or abated, the City may issue a civil citation, assessing fines in accordance with Oxnard City Code Section 1-10, which stipulates:
(1) A fine not exceeding $100 for a first violation of a code section or ordinance;
(2) A fine not exceeding $200 for a second violation of the same code section or ordinance within one year; and (3) A fine not exceeding $500 for the third and every
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additional violation of the same code section or ordinance within one year. (G) Any citation issued for a violation of this Article shall give notice of the right to request an administrative hearing to challenge the validity of the citation and the time for requesting that hearing as provided for in Chapter 7, Article III of the Oxnard City Code.
SEC.7-355 OPERATIVE DATE, EDUCATION AND PHASE IN
PERIODS
(A) The first six (6) months after this ordinance takes effect will be an education period with no enforcement. A six (6) month phase in period will follow the education period. This ordinance will be fully enforced twelve (12) months after the ordinance takes effect.
(B) During the phase in period, in lieu of payment of any fine violators cited may submit proof of purchase of any non-EPS containing foodware or product in any amount totaling or exceeding the amount of the fine in order to comply with the ordinance. Proof of purchase of EPS compliant materials must be submitted within fourteen (14) days of the civil citation. Failure to provide proof of purchase will result in citation being processed and all fees and fines owed.
SEC. 7-356 OTHER REMEDIES
(A) The remedies and penalties provided in this Article are cumulative and not exclusive, and nothing in this Article shall preclude the City from pursuing any other administrative, civil, or criminal enforcement remedies available under the law and/or the city code. ” Part 3. The City Council determines and finds that this ordinance is exempt from the California Environmental Quality Act (CEQA) under section 15061(b)(3) of the CEQA Guidelines because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
Part 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall remain in full force and effect.
Part 5. Pursuant to Cal. Gov. Code Section 36933(c)(1), the City Attorney was designated to prepare, and the City Clerk published, a summary of this ordinance, and a certified copy of the ordinance was posted in the Office of the City Clerk a minimum of five days before the City Council’s adoption of the ordinance.
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Part 6. The City Clerk shall certify as to the adoption of this ordinance and shall cause the summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36933. Ordinance No. 3022 was first read on January 3, 2023, and finally adopted on January 17, 2023, to become effective thirty days thereafter.
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
John C. Zaragoza, Mayor
ATTEST:
__________________________________
Rose Chaparro, City Clerk
APPROVED AS TO FORM:
__________________________________
Stephen M. Fischer, City Attorney
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CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.9
DATE: January 17, 2023
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Public Project Agreement 32300205 with Pacific Builders and Roofing, Inc. dba WSP Roofing for Sturgis Annex Roof Replacement Project, Specification No. PW 23-31.
RECOMMENDATION
That the City Council approve and authorize the following for a total of $1,277,685.36 in Project funds for the Sturgis Annex Roof Replacement Project, Specification No. PW 23-31 (Project No. MO2111 / C2039):
1. The execution of Agreement 32300205 with Pacific Builders and Roofing, Inc. dba WSP Roofing in the amount of $1,064,737.80 for the Project;
2. Authorize a Project contingency amount of $106,473.78 with Pacific Builders and Roofing, Inc. dba WSP Roofing for a total not to exceed value of $1,171,211.58 for the Project; and
3. A Project allocation amount of $106,473.78 for engineering, inspection, survey and project management for the Project; and
4. Authorize the Finance Director or designee to approve a budget appropriation for the use of this Project in the total amount of $278,686 from the available fund balance in the Measure O Sales Tax Fund (104). (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.)
BACKGROUND
The Project consists of furnishing all necessary labor, materials, equipment and other incidental and appurtenant Work to complete roof replacement and repairs at the Sturgis Annex located at 3001 Sturgis Road.
The roof has significant issues stemming from age and lack of proper roof slope. Portions of the roof deck are rotted and have become unsafe to walk on for emergency repairs.
The building was constructed in 1996 and the roof has never been replaced. A modified bitumen roof of this construction has a useful life expectancy of 10-15 years. This roof is 26 years old.
The entire roof requires replacement The existing roof has many leaks that have had impacts on the facility staff stationed at the facility. There are areas with drywall deterioration, this work will be handled by our Facilities staff or a separate project. With a new roof that does not leak, we can prevent further more extreme problems. By replacing the roof we can provide proper roof drainage and prevent water from ponding on the roof causing future leaks and roof deterioration.
Capital Improvement Program (CIP) Reference:
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Project No. MO2111 / C2039 – Sturgis Annex Roof Replacement Project, Specification No. PW 23-31 - CIP 2022-2027 - Adopted May 3, 2022 – Page 19.
DISCUSSION
The specific work for this Project includes demolition of portions of all existing roofing material down to the roof deck, including approximately 40 sf of asbestos-containing materials, selective demolition of damaged roof decking, installing new metal coping at all parapet walls, installing a new mechanically fastened single-ply PVC roofing system with rigid insulation on all roof surfaces, rework roof drains and scuppers, and all other appurtenant and associated work in accordance with the Contract Documents.
The work is tentatively scheduled to begin in Spring 2023 and continue into Summer 2023 (forty-five working days).
Staff will work closely with the building occupants (Oxnard Police Department Staff) to keep them informed of the project schedule and will also notify area businesses directly impacted by the work.
The notice inviting formal bids (NIFB) on the Project was published on November 10, 2022, and all bids were due and opened on December 15, 2022. The City received six (6) bids for the project and three were rejected as non-responsive.
The lowest responsive bid is as follows:
Pacific Builders & Roofing, Inc. dba WSP Roofing: $1,064,737.80 Commercial Waterproofing Systems, Inc. dba ERC Roofing & Waterproofing: $1,299,950.00 Ardalan Construction Company, Inc.: $1,665,852.00
The lowest bidder is Pacific Builders & Roofing, Inc. dba WSP Roofing and its bid is responsive to the City’s NIFB.
Following this determination, procurement staff reviewed all documentation received from Pacific Builders & Roofing, Inc. dba WSP Roofing and its subcontractor. 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 Pacific Builders & Roofing, Inc. dba WSP Roofing.
In addition to the contract award amount of $1,064,737.80, Staff recommends authorizing $212,947.56 for the project, which includes $106,473.78 for project contingency (10% of the contract costs) and $106,473.78 for the cost for engineering services and City staff (10% of the contract cost). Engineering services include the following activities during construction: engineering, inspection, survey and project management. These recommendations bring the total estimated cost of the project to $1,277,685.36.
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 total cost for this Project is $1,277,685.36 which includes the construction agreement, contingency and project allocation. The Sturgis Annex Roof Replacement Project MO2111 / C2039 has a total available project budget balance of approximately $999,000 from the Measure O Sales Tax Fund (104). An additional budget appropriation of $278,686 is needed to award the agreement and will be funded from the available fund balance in the Measure O Sales Tax Fund (104).
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. 144
Prepared by: Tatiana Arnaout, City Engineer
ATTACHMENTS
1. Agreement 32300205
2. Presentation
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149
150
151
152
153
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157
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159
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City Council
January 17, 2023
Tatiana Arnaout, PE
City Engineer
Public Project Agreement 32300205 with
Pacific Builders and Roofing, Inc. dba WSP
Roofing for Sturgis Annex Roof Replacement
Project, Specification No. PW 23-31
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RECOMMENDATION 2
That the City Council approve and authorize the following for a total of $1,277,685.36 in Project funds for the Sturgis Annex Roof Replacement Project, Specification No.
PW 23-31 (Project No. MO2111 / C2039):
1. The Mayor to execute Agreement 32300205 with Pacific Builders and Roofing, Inc. dba WSP Roofing in the amount of $1,064,737.80 for the Project;
2. Authorize a Project contingency amount of $106,473.78 with Pacific Builders and Roofing, Inc. dba WSP Roofing for a total not to exceed value of $1,171,211.58 for the Project; and
3. A Project allocation amount of $106,473.78 for engineering, inspection, survey and project management for the Project; and
4. Authorize the Finance Director or designee to approve a budget appropriation for the use of this Project in the total amount of $278,686 from the available fund balance in the Measure O Sales Tax Fund (104). 162
BACKGROUND 3
• The Project consists of furnishing all necessary labor, materials, equipment and other incidental and appurtenant Work to complete roof replacement and repairs at the Sturgis Annex located at 3001 Sturgis Road.
• The roof has significant issues stemming from age and lack of proper roof slope.
Portions of the roof deck are rotted and have become unsafe to walk on for emergency repairs.
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BACKGROUND 4
• The building was constructed in 1996 and the roof has never been replaced. A modified bitumen roof of this construction has a useful life expectancy of 10-15 years. This roof is 26 years old.
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BACKGROUND 5
• The entire roof requires replacement The existing roof has many leaks that have had impacts on the facility staff stationed at the facility. There are areas with drywall deterioration, this work will be handled by our Facilities staff or a separate project. With a new roof that does not leak, we can prevent further more extreme problems. By replacing the roof we can provide proper roof drainage and prevent water from ponding on the roof causing future leaks and roof deterioration.
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GOALS AND OBJECTIVES 6
The primary objectives of this project include:
• Replacement of aging and leaky roof membrane
• Provide a new energy efficient, safe, and easy to maintain working roof membrane
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DISCUSSION 7
● Invitation to Bid was issued on November 9, 2022.
● Bids were due on December 15, 2022.
● Six bids were received and reviewed by City staff.
● Lowest responsive bidder was selected.
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FINANCIAL IMPACT 8
AGREEMENT 32300166
Commercial Waterproofing
Systems Inc., dba ERC
Roofing and Waterproofing
$1,064,737.80
Project Contingency (10%) $106,473.78
Project Allocation (10%) $106,473.78
Total Project Cost: $1,277,685.36
• The Sturgis Annex Roof Replacement Project MO2111 / C2039 has a total available project budget balance of approximately $999,000 from the Measure O Sales Tax Fund.
• Due to the project being more costly than initially budgeted for an additional budget appropriation of $278,686 of Measure O Sales Tax Funding is needed to fully fund this project.
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QUESTIONS
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CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.10
DATE: January 17, 2023
TO: City Council
FROM: Alexander Hamilton, Fire Chief, (805) 385-7700, [email protected] SUBJECT: Professional Services Agreement No. 32300227 with On Duty Health, PLLC for Fire Department Annual Wellness Exams.
RECOMMENDATION
1. That the City Council authorize approval of Agreement No. 32300227 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.
2. That the City Council find that the approval of the agreement is not subject to the California Environmental Quality Act pursuant to California Code of Regulations, Title 14, Chapter 3, section 15060(c)(2).
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 170
produce a final overall score for each respondent. Respondent with the highest overall score was notified of the intent to 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 included in the 2022-23 adopted budget (General Fund; Fire Department) and will be proposed to be continued in future years' budgets.
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 32300227
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Agreement No. 32300227
AGREEMENT FOR PROFESSIONAL SERVICES
COVER PAGE
(1) Agreement Start Date: January 1, 2023
(2) Consultant: On Duty Health, PC
(3) Services: Annual medical evaluation of firefighters. (4) Schedule of Services:
● See “Schedule of Services Exhibit”
(5) Agreement Ending Date: December 31, 2026
(6) Total Agreement Amount: $98,280 annually
(7) City’s Project Manager: Emergency Medical Services Coordinator (8) Consultant’s Project Manager: Greg Batla, Chief Executive Officer (9) Insurance Coverage: INS-A
(10) Addresses for Notice:
FOR CONSULTANT: FOR CITY:
1752 E. Lugonia Ave, Ste 117-4949 360 West Second Street Redlands, CA 92374 Oxnard, CA 93030
Attn: Greg Batla, CEO Attn: Jaime Villa, EMS Coordinator (11) Contact Emails:
CONSULTANT’S PROJECT CITY’S PROJECT MANAGER:
MANAGER:
[email protected] [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:
X Scope of Services Exhibit
X Schedule of Services Exhibit
X Rates and Costs Exhibit
X Insurance Exhibit (INS-A)
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Agreement No. 32300227
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is entered into in Ventura County, California, on the date that is written as “(1) Agreement Start Date” on the Cover Page, which is attached hereto and incorporated herein by this reference. This Agreement is entered by and between the City of Oxnard (“City”) and the person or entity listed as “(2) Consultant” on the Cover Page, subject to the following terms and conditions:
1. Scope of Services. Consultant shall provide to City the services listed as “(3) Services” on the Cover Page (the “Services”). Consultant shall provide the Services during the term of this Agreement, as set forth below, according to the schedule written as “(4) Schedule of Services” on the Cover Page, and as further explained in the Scope of Services Exhibit, which is attached hereto and incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and any incorporated document(s), the terms of this Agreement shall control.
2. Standard of Performance. Consultant shall undertake and complete the Services to conclusion using the standard of care, skill and diligence normally provided by a professional person in the performance of similar consulting services.
3. Correction of Errors. Consultant shall correct, at its expense, all errors which may be disclosed during review of the Services. Should Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by City, and the cost thereof shall be paid by Consultant.
4. Term. This Agreement shall begin on the date that is written as “(1) Agreement Start Date” on the Cover Page and shall end on the date that is written as “(5) Agreement Ending Date” on the Cover Page. Time is of the essence in this Agreement.
5. Compensation. For the Services performed during the term of this Agreement, City shall pay Consultant an amount not to exceed the amount that is listed as “(6) Total Agreement Amount” on the Cover Page, at the rates listed in Rates and Costs Exhibit, attached hereto and incorporated herein by this reference. The rates in Rates and Costs Exhibit shall be in effect through the end of this Agreement. Except as otherwise expressly provided in this Agreement, City shall not be responsible for expenses incurred by Consultant in performing the Services.
6. Invoices. Consultant shall submit a payment request to City by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month. Each invoice must also list the current balance on the Agreement, including that invoice, as well as the months remaining on the term of the Agreement. Invoices may be emailed to: [email protected].
7. Acceptance of Payment. Consultant’s acceptance of final payment made pursuant to this Agreement shall constitute a release of City from all claims and liabilities for compensation to Consultant for anything completed, finished or relating to the Services. City’s payment shall not constitute nor be deemed a release of the responsibility and liability of Consultant for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by City for any 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 Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the Services performed by Consultant or materials or products provided to City by Consultant, Consultant shall pay the sales tax. City shall not reimburse Consultant for sales taxes paid by Consultant.
8. Non-Appropriation of Funds. Payments to be made to Consultant by City for the Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered appropriation of City. In the event City does not appropriate sufficient funds for payment of the Services beyond the current fiscal year, this Agreement shall cover payment for the Services only up to the conclusion of the last fiscal year in which City appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion. 173
Agreement No. 32300227
9. Coordination of Services. The Services shall be coordinated with the person in the position listed in “(7) City’s Project Manager” on the Cover Page, subject to the direction of the City Manager and Department Director.
Consultant hereby designates the person in the position listed in “(8) Consultant’s Project Manager” on the Cover Page as the person responsible for the Services who shall coordinate with City’s Project Manager in making binding decisions in line with this Agreement on behalf of Consultant.
10. Personnel. Consultant represents that it has, or shall secure at its own expense, all personnel required to perform the Services. Any person who performs engineering services pursuant to this Agreement shall be licensed as a Civil Engineer by the State of California and in good standing. Consultant shall make reasonable efforts to maintain the continuity of Consultant’s staff who are assigned to perform the Services. Consultant may associate with or employ associates or subcontractors in the performance of the Services, but at all times shall Vendor be responsible for its associates and subcontractors’ labor, advice or materials provided in furtherance of providing the Services. Should any of Consultant’s employees, assigns or subcontractors not conduct him- or herself appropriately, as determined by the City’s Project Manager, in the process of providing the Services or any portion thereof, the City’s Project Manager may notify the Consultant’s Project Manager, who shall immediately handle the problem, as determined appropriate by him or her, such that the problem does not persist.
11. Additional Work. City may request additional specified work under this Agreement. The City’s Project Manager must authorize all such work in writing before commencement. Consultant shall perform such work, and City shall pay for such additional work, in accordance with Rates and Costs Exhibit. Should the work not fall under any such listed rate or cost, Consultant shall submit a quote for all additional work, which the City’s Project Manager must approve in writing by before any such work may commence. The City shall compensate Consultant for any work that does not fall under a rate or cost listed in the Rates and Costs Exhibit, and for which Consultant did not obtain the City’s Project Manager’s written approval before work commenced, as determined by the City’s Project Manager in his or her sole discretion.
12. Audit. City shall have the option of inspecting, auditing and/or reproducing all records and other written materials used by Consultant in preparing its billings to City as a condition precedent to any payment to Consultant.
Consultant will promptly furnish all documents requested by City. Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit Consultant for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, Consultant shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement. Consultant shall include a copy of this Section 12 in all contracts with its subcontractors, and Consultant shall be responsible for immediately obtaining those 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 any time, with or without cause and without penalty, upon 15 days prior written notice. Such termination shall be effective on the date specified in the notice, or if no date is specified, then 10 calendar days from the date of delivery or mailing of such notice. Consultant may terminate this Agreement at any time, with or without cause and without penalty, upon 30 days prior written notice. Such termination shall be effective on the date specified in the notice, or if no date is specified, then 10 calendar days from the date of delivery or mailing of such notice and only if all assignments accepted by Consultant have been completed before the date of termination. In the event of termination of this Agreement by either party due to no fault or failure of performance by Consultant, City shall pay Consultant compensation for all Services satisfactorily completed in accordance with all of the terms and provisions of this Agreement, as determined by the City, before the effective date of termination; provided, in no event shall the Consultant receive an amount exceeding that which would 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 (“design professional”) services, to the maximum extent permitted by law, Consultant shall hold harmless, defend, and indemnify City, its legislative and advisory bodies, and the City’s officials, directors, officers, employees, and agents (collectively, “Indemnitees”) from and against any and all claims, demands, causes of action, damages, injuries, liabilities, losses, penalties, fines, judgments, costs or expenses, including reimbursement of attorneys’ fees, court costs and costs of alternative dispute resolution, including but not limited to those relating to death or injury to any person and injury to any property (collectively, “Claims”), to the extent that the Claims arise out of, pertain to,