Agenda packet — Public Works & Transportation Committee, February 28, 2023

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

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Agenda Item Time Estimates include: (Minutes for Presentation + Council Discussion + Public Comment)

AGENDA

OXNARD CITY COUNCIL

PUBLIC WORKS AND TRANSPORTATION COMMITTEE
Council Chambers, 305 West Third Street
February 28, 2023
Regular Meeting - 8:30 to 10:00 PM

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2. Enter Meeting ID: 871 7416 2233

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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 IN-PERSON 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/city- meetings.

*Please see the link for the Measure M pre-recorded presentation video for each item listed on this agenda.

YOU MAY PARTICIPATE IN THE MEETING IN THE FOLLOWING WAYS:

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2. EMAIL COMMENTS OR SIGN UP TO SPEAK REMOTELY BEFORE THE MEETING

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c. Contact the City Clerk’s Office at (805) 385-7803 to submit your request.

1 OXNARD CITY COUNCIL: PUBLIC WORKS AND TRANSPORTATION COMMITTEE February 28, 2023 - Page 2

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 call-in option or internet-based service option, or in the event of a disruption within the City’s control which prevents members of the public from offering public comment using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on a meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. However, if any of the broadcast options are disrupted, but any of the other broadcast options is still available to the public, the legislative body may take further action on items appearing on a meeting agenda without waiting for the disrupted broadcast option(s) to be restored.

* The City has filed pre-election and post-election lawsuits regarding the validity of Measure M.

A. ROLL CALL, POSTING OF AGENDA, FLAG SALUTE

B. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA

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

C. CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the Public Works & Transportation Committee approve the minutes of the January 24, 2023 regular meeting as presented.

Contact: Rose Chaparro, (805) 385-7805
D. REPORTS

1. Public Works Department

SUBJECT: Public Project Agreement 32300257 with Blackpointe Group Construction & Management Inc. for On-Call Fencing Repair Services Project (Rebid), Specification No. SD 23- 53R. (10 mins)

RECOMMENDATION: The Public Works and Transportation Committee recommend that the City Council approve and authorize an agreement with Blackpointe Group Construction & Management Inc. for a total amount not to exceed $400,000 for a three-year term for On-Call Fencing Repair Services.

(This item is categorically exempt from the California Environmental Quality Act pursuant to Title 2 OXNARD CITY COUNCIL: PUBLIC WORKS AND TRANSPORTATION COMMITTEE February 28, 2023 - Page 3

14 California Code of Regulations section 15301(d).)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/mSrcENZY5jo
Contact: Michael Wolfe, (805) 385-8055

2. Public Works Department
SUBJECT: Agreement 32300154 with Auto Body International, Inc. for Light and Medium Duty Paint and Body. (10 minutes)

RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize an Agreement with Auto Body International, Inc. for a one-year term with the option to extend for two consecutive one year periods for a maximum contract term of three years, and a total contract not-to-exceed amount over the entire possible contract term of $375,000 for light and medium duty paint and body work.

(This item is not considered a project subject to the California Environmental Quality Act.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/0IPNflPPkSM
Contact: Michael Wolfe, (805) 385-8055
E. ITEMS FOR FUTURE AGENDAS

F. ADJOURNMENT

3 PUBLIC WORKS AND TRANSPORTATION COMMITTEE

AGENDA REPORT

CONSENT AGENDA
AGENDA ITEM NO. C.1

DATE: February 28, 2023

TO: Public Works and Transportation Committee

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

SUBJECT: Approval of Minutes.

RECOMMENDATION

That the Public Works & Transportation Committee approve the minutes of the January 24, 2023 regular meeting as presented.

BACKGROUND

Approval of Minutes.

STRATEGIC PRIORITIES

This agenda item is a routine operational item.

FINANCIAL IMPACT

There is no financial impact.

Prepared by: Rose Chaparro, City Clerk

ATTACHMENTS

1. MINUTES 01 24 2023 Public Works & Transportation

4 MINUTES

OXNARD CITY COUNCIL

PUBLIC WORKS AND TRANSPORTATION COMMITTEE
Regular Meeting
January 24, 2023

A. ROLL CALL, POSTING OF AGENDA, FLAG SALUTE
At 8:35 p.m., Chair Bert E. Perello called to order the regular meeting of the Oxnard City Council Public Works & Transportation Committee in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California. The City Clerk called the roll and announced the posting of the agenda. Chair B ert Perello and Member John C.

Zaragoza were present in person.

Staff members present in person were Alexander Nguyen, City Manager; Michelle (Elle) McCarron, Assistant City Attorney ; Michael Wolfe, Public Works Director; Brian Yanez, Assistant Public Works Director; Steve Howlett, Assistant Public Works Director; Ke vin Thompson, Parks Manager; Philip Schwieder, Streets Division Manager; Dee Lai, Assistant City Clerk; and Rose Chaparro, City Clerk.

Brian Allen, Maintenance Services Manager participated via videoconference.

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

C. CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the Public Works & Transportation Committee approve the minutes of the December 13, 2022 regular meeting as presented.

It was moved by Chair Perello , seconded by Member Zaragoza, to approve the meeting minutes as presented. VOTE: Perello and Zaragoza voted in favor, the motion carried 2-0.

D. REPORTS

1. Public Works Department

SUBJECT: Professional Services Agreement 32300159 with Bureau Veritas Technical Assessments, LLC for Facilities Condition Assessment Report and Asset Management Program, Specification No. PW 22-127.

RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize a Professional Services Agreement with Bureau Veritas Technical Assessments, LLC in the amount not to exceed $340,000 for a three-year term for Facilities Condition Assessment Report and 5 JANUARY 24, 2023 OXNARD CITY COUNCIL PAGE 2

PUBLIC WORKS & TRANSPORTATION COMMITTEE

Asset Management Program.

(This item is not a project subject to the California Environmental Quality Act).

Steve Howlett, Assistant Public Works Director introduced Brian Allen, Maintenance Services Manager who p resented and answered the Committee’s questions. No public comments were received. Discussion ensued among the Committee and staff.

It was moved by Member Zaragoza, seconded by Chair Perello , to approve the recommended
action as presented. VOTE: Perello and Zaragoza voted in favor; the motion carried 2-0.

2. Public Works Department
SUBJECT: Carryover of Encumbered Funds from Fiscal Year 2021-22 and Amended Budget Appropriations for Public Works for Fiscal Year 2022-23.

RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve:

1. The carryover of encumbered funds from Fiscal Year 2021- 22 to Fiscal Year 2022-23 from available fund balances in the amounts of: A) $957,184 to the General Fund (101); B) $232,001 to the Wastewater Fund (611): and C) $115,181 to the Environmental Resources Fund (631) due to supply chain delays;

2. Fiscal Year 2022 -23 budget appropriations from available fund balances in the amount of $115,811 to the Special Districts Fund (120) for new work and budget appropriation transfer of $7,300 from the General Fund (101) to Special Districts Fund (120) as the General Benefit contribution for applicable Districts; and

3. A Fiscal Year 2022- 23 budget un- appropriation in the amount of $5,175,000 from the Water Bond Fund (609).

(This item is not subject to the California Environmental Quality Act.) Michael Wolfe, Public Works Director presented and answered the Committee’s questions.

No public comments were received. Discussion ensued among the Committee and staff.

It was moved by Member Zaragoza, seconded by Chair Perello , to approve the recommended
action as presented. VOTE: Perello and Zaragoza voted in favor; the motion carried 2-0.

3. City Manager Department
SUBJECT: Water Policy and Related Litigation Update.

RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council receive and file the Water Policy Report and Update on Related Litigation.

6 JANUARY 24, 2023 OXNARD CITY COUNCIL PAGE 3

PUBLIC WORKS & TRANSPORTATION COMMITTEE

This item is not subject to the California Environmental Quality Act pursuant to Public Resources Code 21080(b)(4).

Michael Wolfe, Public Works Director presented and answered the Committee’s questions.

No public comments were received. Shiri Klima, Deputy City Manager was also available to answer questions. Discussion ensued among the Committee and staff.

It was moved by Chair Perello, seconded by Member Zaragoza, to approve the recommended action as presented. VOTE: Perello and Zaragoza voted in favor; the motion carried 2-0.

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

F. ADJOURNMENT
There being no further business on the agenda, and without objection, Chair Perello adjourned the meeting at 9:25 p.m.

ROSE CHAPARRO BERT E. PERELLO
City Clerk Chair

7 PUBLIC WORKS AND TRANSPORTATION COMMITTEE

AGENDA REPORT

REPORTS
AGENDA ITEM NO. D.1

DATE: February 28, 2023

TO: Public Works and Transportation Committee

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

SUBJECT: Public Project Agreement 32300257 with Blackpointe Group Construction & Management Inc. for On-Call Fencing Repair Services Project (Rebid), Specification No. SD 23-53R. (10 mins)

RECOMMENDATION

The Public Works and Transportation Committee recommend that the City Council approve and authorize an agreement with Blackpointe Group Construction & Management Inc. for a total amount not to exceed $400,000 for a three-year term for On-Call Fencing Repair Services.

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

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/mSrcENZY5jo

BACKGROUND

The Public Works Department oversees and manages parks, facilities, streets, public right of ways, landscape maintenance districts, community facilities districts, and waterways districts throughout the City of Oxnard.

Within each of the areas mentioned above, there are designated services that are funded by the general fund, utilities, and special assessment districts where the maintenance for various types of fencing is required for both safety and aesthetic purposes.

DISCUSSION

Throughout the year, staff receives reports of damaged, vandalized, or deteriorating fencing located throughout the City. This On-Call Fencing Repair Services Agreement will allow Public Works staff to be responsive to the maintenance needs of the City.

The Agreement is tentatively scheduled to begin in April 2023, and continue into April 2026. Staff will work with the Neighborhood Councils, who represent the communities where the work will be performed, to provide information regarding the scheduled repairs, as well as communicating directly with the neighbors and residents who are adjacent to the work being performed. Staff will also provide general project information to be disseminated through social media for public information.

The notice inviting formal bids (NIFB) was published on December 22, 2022 and all bids were due and opened on January 11, 2023. The City received two bids, which are the cumulative total of the bid items and the hourly 8 rates for both scheduled and non-scheduled labor. The following bids are the cumulative totals for the hourly rate of scheduled and unscheduled labor:

Blackpointe Group Construction & Management Inc.: $458.99 Fenceworks Inc.: $3,629.00

The lowest bidder is Blackpointe Group Construction & Management Inc. (Blackpointe) and their bid is responsive to the City’s NIFB. Following this determination, procurement staff reviewed all documentation received from Blackpointe Group Construction & Management Inc. There are no subcontractors. Procurement staff verified possession of the required and currently valid licenses, reviewed the federal Occupational Safety and Health Administration (OSHA) website for safety violations, and verified registration with the California Department of Industrial Relations (DIR). Based upon the available information and research performed to date, staff believes the contractor is capable of satisfactorily completing the Agreement. Thus, staff recommends that the City Council award this Agreement to Blackpointe Group Construction & Management Inc.

Forty notices of invitations were sent directly to contractors that perform this work and have the appropriate licenses for this NIFB. The NIFB was also posted on Ebidboard, Public Purchase, Dodge Analytic, TriCo Reprographics, Bid America, and advertised in the Vida Newspaper.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The total cost for this Agreement with Blackpointe Group Construction & Management Inc. shall not exceed $400,000 over the three year term of this Agreement. Each service provided through this Agreement shall be issued by a task order and subject to available funding. The Special Districts, Streets, Facilities, and Parks Maintenance Divisions will share the total amount of this agreement. Staff within each Division will ensure sufficient funding of tasks prior to initiating task orders or incurring services, consistent with the City Council approved Operating Budgets.

Division Account Allocation Amount
Special Districts Assessment Funds - Various $250,000
Streets Maintenance Gas Tax Fund - 1813401-53200 $60,000 Facilities Maintenance Facilities Fund - 7353740-53200 $30,000 Parks General Fund - Various $60,000
TOTAL $400,000

For Finance Use Only: $60K - State Gas Tax Fund (Org. 1813401, Obj. 53200), $30K - Facilities Fund (7353740, Obj. 53200)

Prepared by: Steve Howlett, Assistant Public Works Director

9 ATTACHMENTS

1. Agreement 32300257 - Blackpointe - SD 23-53

2. City of Oxnard Special Districts Map

3. City of Oxnard Special Districts Legend

4. Presentation

10 Agreement No.: 32300257
1 CITY OF OXNARD CONTRACT FOR

ON-CALL FENCING REPAIR SERVICES PROJECT (REBID)
SPECIFICATION NO. SD 23-53R

THIS CONTRACT (“Contract”) is made and entered this ______ day of _____________, 2023 (“Effective Date”), by and between the CITY OF OXNARD, a California municipal corporation (“City”) and BLACKPOINTE GROUP CONSTRUCTION & MANAGEMENT INC. (“Contractor”).

Contractor’s license number is 969297.

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

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

2. S
cope of Services. Contractor shall perform all Tasks in a good and workmanlike manner for the project identified as the On- Call Fencing Repair Services Project (Rebid), Specification No.

SD 23-53R (“Project”), as described in this Contract and in the Contract Documents, throughout the Contract Term. The Bid Sheets from the Contractor’s Bid Response are attached hereto as “Exhibit A” and incorporated herein by this reference. The Special Provisions from the Contract Documents are attached hereto as “Exhibit B” and incorporated herein by this reference.

3. C
ompensation. In consideration of the services rendered pursuant to the requirements listed in the Contract Documents, City shall pay Contractor for each Task in accordance with the Contract Unit Prices submitted in the Bid and included in the attached Exhibit A, which in any case shall not exceed four hundred thousand dollars ($400,000) during the Contract Term.

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

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

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

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

7. W
orkers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as 11 Agreement No.: 32300257
2 follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

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

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

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

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

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

12 Agreement No.: 32300257
3 IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the first written above.

CITY OF OXNARD BLACKPOINTE GROUP CONSTRUCTION &
MANAGEMENT INC.

☒ John C. Zaragoza, Mayor1 Date Laurel Schittone, CEO2 Date ☐ Alexander Nguyen, City Manager
☐ Purchasing Manager
______
Victor Schittone, 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 s igner 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.

13 Agreement No.: 32300257
4 Exhibit INS-D

INSURANCE REQUIREMENTS FOR SMALL/MEDIUM CONSTRUCTION AND SERVICES CONTRACTS (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 $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 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-D. 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 will be requested via email. If you have not received your request or are having difficulty with the electronic upload, contact [email protected].

4. 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 responsi bility to give such notice.

5. 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 -D or substitute forms containing the same informatio n 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).

6. 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.

7. 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.

14 Agreement No.: 32300257
5 8. 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.
15 Agreement No.: 32300257
6 INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS

Certificates of Insurance

Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start -up date because the City’s p ractice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to 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.

16 Agreement No.: 32300257
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

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

GENERAL AGGREGATE
$1,000,000

PRODUCTS COMP/OP AGG.
$1,000,000

PERSONAL & ADV. INJURY
$1,000,000

EACH OCCURRENCE
$1,000,000

FIRE DAMAGE (Any one fire)
$
MED. EXPENSE (Any one person)
$

AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY

COMBINED SINGLE
$1,000,000

LIMIT

BODILY INJURY
$
(Per person)

BODILY INJURY
$
(Per accident)

PROPERTY DAMAGE
$

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM

EACH OCCURRENCE
$

AGGREGATE
$

WORKERS' COMPENSATION
AND

EMPLOYERS' LIABILITY

STATUTORY LIMITS

EACH ACCIDENT
$1,000,000

DISEASE-POLICY LIMIT
$1,000,000

DISEASE-EACH EMPLOYEE
$1,000,000

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

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 ℅ Evident ID, Inc.
8520 Allison Pointe Blvd Ste 223
PMB 52150
Indianapolis, Indiana 46250-4299 US

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

SAMPLE

17 Agreement No.: 32300257
8 Rev.1 2/22 INS-D.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 sui t 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 organiz ation 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 ℅ Evident ID, Inc.
8520 Allison Pointe Blvd Ste 223
PMB 52150
Indianapolis, Indiana 46250-4299 US

AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter

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

Signature
(original signature required)

Telephone: ( ) Date Signed

18 Agreement No.: 32300257
9 AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)

SUBMIT IN DUPLICATE

ENDORSEMENT NO.

ISSUE DATE
(MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

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

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

NAMED INSURED

APPLICABILITY. This insurance pertains to the 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.

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 ins urance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organiz ation would have as a claimant if not so included.

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 ℅ Evident ID, Inc.
8520 Allison Pointe Blvd Ste 223
PMB 52150
Indianapolis, Indiana 46250-4299 US

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

19 Agreement No.: 32300257
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 the On-Call Fencing Repair Services Project (Rebid), Specification No. SD 23-53R (the “Project”).

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

NOW, THEREFORE, we, the undersigned Principal, and

(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, and our heirs, assignees, successors, executors and administrators are held and firmly bound, jointly and severally, unto the Agency and all Contractors, Subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and any Task related to the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of
Dollars ($ ), this amount being not less than a hundred percent (100%) of the total not to exceed Contract Price, in lawful money of the United States of America, for materials furnished or labor thereon of any kind, or 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.

The Project shall be considered “accepted” for the purposes of triggering Bond deadlines at the Contractor’s final completion of all Tasks, the City’s acceptance of all Tasks, and the end of the Contract Term, whichever occurs last. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any 20 Agreement No.: 32300257
11 of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

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

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

Dated:

“Principal”

By:

Its:
__________________________

By:

Its:
__________________________

(Seal)

“Surety”

By:

Its:
__________________________

By:

Its:
__________________________

(Seal)

Note: This Bond must be executed 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. The date of 21 Agreement No.: 32300257
12 the Bond must not be before the Contract’s Effective Date. Sur ety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California.

Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

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

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

NOW, THEREFORE, we, the undersigned Principal, and

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

THE CONDITION OF THIS OBLIGATION IS 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 for all Tasks, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Agency, its officers, agents and employees, as therein stipulated, within the Contract Term, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

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

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, including all incorporated documents, or of the Work to be performed under any Task Order shall in any way affect the Surety’s obligations under this Bond. The Surety 22 Agreement No.: 32300257
13 hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work in any Task Order. Surety hereby waives California Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

Dated:

“Principal”

By:

Its:
__________________________

By:

Its:
__________________________

(Seal)

“Surety”

By:

Its:
_________________________

By:

Its:
_________________________

(Seal)

Note: 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. The date of Bond must not be before the Contract’s Effective Date. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California. 23 Agreement No.: 32300257
14 EXHIBIT A

24 Agreement No.: 32300257
15 EXHIBIT B

SPECIAL PROVISIONS
1000 DESCRIPTION AND LOCATION OF WORK
The Contractor shall furnish all necessary labor, materials, equipment and other incidental and appurtenant Work to repair or replace existing steel, wood, chain-link and CMU block wall fencing, gates and concrete footings, in conformance with the lines, grades, and requirements to match existing fencing and gates for the City of Oxnard.

Scope of Work does not include installation of new fencing where current fencing does not already exist.

The Work will be at various locations throughout the City of Oxnard including, but not limited to, buildings, parks, ballfields (including backstops), landscape maintenance districts and other properties as defined in each Task Order. The Contractor shall only remove the length of fencing that can be reinstalled during that same Working Day of construction unless otherwise specifi ed and or directed by the Project Manager. Fencing shall meet all current City of Oxnard building codes requirements.

1001-2 MATERIALS
All fence materials or component parts furnished shall conform in type, size, kind, and shape to existing and shall be acceptable to the Project Manager. The materials for fencing include but are not limited to posts, pickets, rails, post caps and all necessary fittings and appurtenances required for proper installation. The Contractor will provide the Project Manager wi th the specifications of all items for the fence and gates for approval before installation. Only new materials are to be used on the projects. Markup on materials may not exceed 15%.

Concrete for fence posts shall be class 520-C-2500 as per Section 201 of the Greenbook, with a minimum compressive strength of 2500 psi.

Materials for backfill shall conform to Section 217 Bedding And Backfill Materials of the Greenbook.
1001-3 CONSTRUCTION, REPAIR AND MAINTENANCE
Before Work commences in the area, the Contractor will inspect the site with the Project Manager and have a clear understanding of the Work to be done. After the construction is complete, the Contractor will again inspect the site with the Project Manager for approval. The Project Manager will periodically monitor the construction of Work to determine if the Work is being performed in accordance with the contract requirements.

All of the material for the new fence panels will be approved by the Project Manager before any Work begins. The new fence will include, but not be limited to, posts pickets, rails, post caps and will be installed at locations as directed by the Project Manager.

Posts shall be embedded at least 30” into 36” deep, with a 12” minimum diameter concrete footing.

25 Agreement No.: 32300257
16 All metal Work shall be per the Greenbook Section 206 Miscellaneous Metal Items and Section 304 Metal Fabrication and Construction.

Painting of existing fencing will be by hand or spray. Two coats will be required on all parts. The final surface will be of even color w ithout streaks, drips, bubbles, incomplete coverage or any other surface imperfection. Paint used will be appropriate for the location of the project and approved by the Project Manager before application Wrought iron fencing shall have a powder coated finish and the product shall be approved for use by the Project Manager before installation.

If necessary, the fence will be reinforced at the joints with either welding or welded on metal that will not detract from the decorative appeal of the fence. All welding will be performed in a workman-like manner with solid joints of minimum protrusion. Completed fences will be solid and have minimal flexure. Any excessive splatter of the weld will be ground off.

All excavation and backfill shall conform to Section 300-3 Structure Excavation And Backfill of the Greenbook.
1001-4 MEASUREMENTS
The installation of new fence panels will be measured by the linear foot (LF) of fence installed including post and concrete footings, complete-in-place. The gates installed will be measured by linear foot (LF) of gates installed including all attachments, complete-in-place. 1001-5 DEMOLITION AND REMOVAL OF EXISTING FENCE AND GATES The Contractor shall furnish all materials, tools, equipment, devices, appurtenances, facilit ies, and services as required for performing the demolition and removal Work.

Contractor shall remove existing fence and gates, including posts, concrete footings, and any attachments. Hauling and disposal of demolished material off -site shall be the Cont ractor’s responsibility and shall not constitute a pay item but shall be considered incidental to fence and gate construction. Whenever a telephone or telegraph pole, pipeline, conduit, sewer, roadway, or other utility is encountered that must be removed or relocated, the Contractor shall advise the Project Manager, who will notify the proper local authority or owner and attempt to secure prompt action. Any holes or openings shall be backfilled with acceptable material per Section 217 Bedding And Backfill Materials of the Greenbook, and properly compacted.

All Work shall be done in a workmanlike manner with care taken not to disturb the surrounding area and existing fence to remain. Any damage done to the area or existing fence to remain caused by the Contractor’s operations, shall be repaired to the original condition by the Contractor at no expense to the City.

Safety And Fencing: The Contractor shall comply with all applicable current federal, state and local safety and health regulations.

The Contractor shall furnish and place a safety fence around the site of the work adequate to secure the demolition site, including any resulting debris or excavation, and to prevent pedestrian access. The safety fence shall be erected before demolition and shall n ot be removed until the hazard is removed and all Work is completed. The fencing, including all materials, shall be considered incidental to the demolition. The fencing material shall remain the property of the Contractor.
26 Agreement No.: 32300257
17 Clean Up: The area of the fence line shall be left neat and free of any debris caused by the demolition or installation of the fence at the end of each Work day and at job completion as to not pose any unsafe or hazardous condition to the public or City staff. 1001-6 RESPONSE TIME.

Contractor shall respond to all requests as required, 24 hours per day, 365 days per year, including weekends and holidays. All costs for labor for these requests shall be included in the Bid sheets.

Response time by the Contractor shall be as stated below:

1. Non-Scheduled Urgent Work:

Contractor must verbally respond within thirty (30) minutes of telephone notification by the City. Contractor must be on the site within four (4) hours of the notification and begin Work immediately. Urgent repairs are those where public interest and necessity demand the immediate expenditure of public money to avoid harm to or to safeguard life, health or property.

2. Scheduled Work:

Contractor must verbally respond within twenty (24) hours of notification by the City. The scope of Work and schedule shall be mutually agreed to between Project Manager and Contractor before work begins. Work under this category shall be planned and scheduled Monday through Friday between the hours of 8:00 am and 5:00 pm unless otherwise agreed to by the Project Manager.

1000-7 PAYMENT AND INVOICING

Invoice shall include a summary of the work performed, detailed backup of all labor, receipts from all sub-contractors, equipment rentals, and materials. The City will not pay for an invoice over the amount specified in the Task Order unless a Task Order amendment is executed.

1000-8 TASK ORDER PROCESS

1. Each project will be assigned a Task Order. Scheduled Work will be pre- approved by a Task Order issued by the Project Manager prior to starting Work. Work can begin only after a fully executed Task Order is issued to the Contractor. Non-Scheduled Urgent Work will have a Task Order issued as soon as the scope and fees are made available. The scope and fees shall be provided by the Contractor as soon as possible following the start of Non-Scheduled Urgent Work.

2. Task Orders shall include all estimated labor, materials, and taxes needed to complete the scope of Work. The Task Order shall include all materials, labor, and taxes; if it does not, the Contractor shall clarify any missing information before commencing Work.

3. Materials and equipment rental will be reimbursed at cost (Contractor must include receipt of purchase with the invoice submitted to the City) plus fifteen percent (15%) for material 27 Agreement No.: 32300257
18 handling and Contractor will be required to itemize the supplies cost within the Task Order.

4. A separate invoice is required for each Task Order issued pursuant to the Contract.

Contractor is required to itemize the number of hours it will take for completion of a Task Order. Contractor shall request a Task Order amendment if expenses surpass the original Task Order fee. Upon mutual agreement between City and Contractor, City shall issue a Task Order amendment for the increased cost.

5. Contractor shall only invoice for time spent at the location of service. The City shall not pay for time spent en route or traveling to acquire parts or supplies unless pre -approved by the Project Manager and included in the Task Order. Contractor to communicate arrival time and departure time with Project Manager on day of service.

6. For Scheduled Work, Contractor shall meet with the Project Manager to review and understand the project scope prior to submitting a project proposal.

7. For Non-Scheduled Urgent Work, Contractor shall meet with the Project Manager within seventy-two (72) hours of starting Work to confirm the scope. Contractor shall provide a project fee within seventy-two (72) hours after scope confirmation.

28 4
9 5
34 7
8 1
2 3 & 4
1 &
2 03
30 14
12 36
43 28
38 31
46 39
13 25
51 52
10 16
47 37
34 42
24 58
41 23
33 11
40 60
27 55
50 4954
32 53
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The City does not make any representations or warranties regarding the use, accuracy, reliability, and/or completeness of this map and no decision involving a risk of economic loss or physical injury should be made in reliance thereon. µ Maintenance Assessment District (District No.)
Waterway Assessment District (Zone No.)
Community Facilities District (District No.)
Landscape Maintenance District (District No.)

CITY OF OXNARD ASSESSMENT DISTRICTS
3,000 0 3,000 6,000
Feet
Created by:

Geographic Information Systems Division
January 2022
Data Source:

City of Oxnard GIS Division
County of Ventura GIS Program
29 1 & 2 – Westport at Mandalay Bay 7 – Wagon Wheel
3 & 4 – Seabridge at Mandalay Bay 8 – Sakioka Farms
5 – Riverpark 9 – Northshore at Mandalay Bay
3 – Riverridge 37 – Pacific Cove
10 – Country Club 38 – Aldea Del Mar
11 – St Tropez 39 – El Sueno Promesa
12 – Standard Pacific 40 – Cantada
13 – Le Village 41 – Pacific Cove
14 – California Cove 42 – Cantabria/Coronado
16 – California Lighthouse 43 – Greenbelt
23 – Greystone 46 – Daily Ranch
24 – Vineyards 47 – Sycamore Place
25 – The Pointe 49 – Cameron Ranch
27 – Rose Island 50 – PV Senior Housing
28 – Harborside 51 – Pfeiler
30 – Haas Automation 52 – Wingfield
31 – Rancho De La Rosa 53 – Huff Court
32 – Oak Park 54 – Meadowcrest
33 – El Paseo 55 – Wingfield West
34 – Sunrise Pt/Sunset Cove 58 – Westwind
36 – Villa Santa Cruz 60 – Artisan
Zone 1 – Mandalay Bay Zone 2 – Harbour Island

MAINTENANCE ASSESSMENT DISTRICT

WATERWAYS ASSESSEMENT DISTRICTS
4 – Mandalay Beach/Colony

LANDSCAPE MAINTENANCE DISTRICTS
CITY OF OXNARD – SPECIAL DISTRICTS
LANDSCAPE MAINTENANCE DISTRICT * COMMUNITY FACILITIES DISTRICTS WATERWAYS ASSESSMENT DISTRICTS * MAINTENANCE ASSESSMENT DISTRICTS

COMMUNITY FACILITIES DISTRICTS
30 Public Project Agreement 32300257 with
Blackpointe Group Construction & Management
Inc. fo r O n-Call Fencing Repair Ser vices Pr oject
(Rebid), Specification No. SD 23-53R
Public Works and Transportation Committee
February 28, 2023
Anthony Miller
Project Manager
31 The Public Works and Transportation Committee recommend that the City Council approve and authorize an agreement with Blackpointe Group Construction & Management Inc. for a total amount not to exceed $400,000 for a three year term for On-Call Fencing Repair Services.

RECOMMENDATION
2 32
• The Public Works Department oversees and manages
parks, facilities, streets, public right of way, landscape maintenance districts, community facilities districts, and waterways districts throughout the City of Oxnard
• Within each of the areas mentioned above, there are
designated services that are covered by the general fund, utilities and special assessments where maintenance of
various types of fencing is required for both safety and aesthetic purposes

BAC KG RO UN D
3 33
• Throughout the year, staff receives reports of damaged, vandalized, or deteriorating fencing located throughout the City. The On-Call Fencing Installation and Repair Services Agreement will allow Public Works staff to be responsive to the maintenance needs of the community
• The Agreement is tentatively scheduled to begin in April 2023, and continue into April 2026
• The notice inviting formal bids (NIFB) on the Project was published on December 22, 2022, and all bids were due
and opened on January 11, 2023

D ISC USSIO N
4 34
• City received two responses, Blackpointe Group
Construction and Management Inc. and Fenceworks Inc.
• The lowest bidder is Blackpointe Group Construction & Management Inc. (Blackpointe) and its bid is responsive to the City’s NIFB
• Blackpointe meets all required City contractual provisions including possession of a City business tax certificate, insurance certificates, applicable licenses and is registered with the California Department of Industrial Relations (DIR)

D ISC USSIO N
5 35
• The total cost for this Agreement with Blackpointe Group Construction & Management Inc. shall not exceed
$400,000 over three years and shall be determined by task order dependent upon the services identified
• Funding will begin in Fiscal Year 2022-23 and has been considered in the budget
• The Special Districts, Streets, Facilities, and Parks Maintenance Divisions will share the total amount of this agreement. Staff within each Division will ensure sufficient funding of tasks prior to initiating task orders or incurring services

FIN AN C IAL IMPAC T
6 36

QUESTIONS
7 37

PUBLIC WORKS AND TRANSPORTATION COMMITTEE

AGENDA REPORT

REPORTS
AGENDA ITEM NO. D.2

DATE: February 28, 2023

TO: Public Works and Transportation Committee

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

SUBJECT: Agreement 32300154 with Auto Body International, Inc. for Light and Medium Duty Paint and Body. (10 minutes)

RECOMMENDATION

That the Public Works and Transportation Committee recommend that the City Council approve and authorize an Agreement with Auto Body International, Inc. for a one-year term with the option to extend for two consecutive one year periods for a maximum contract term of three years, and a total contract not-to-exceed amount over the entire possible contract term of $375,000 for light and medium duty paint and body work.

(This item is not considered a project subject to the California Environmental Quality Act.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/0IPNflPPkSM

BACKGROUND

The Fleet Services Division of the Public Works Department performs maintenance and repairs of the City’s 955 fleet vehicles and equipment valued over $50 million. As part of the ongoing fleet management, Fleet Services requires a vendor to provide as-needed automotive body repairs for City vehicles and equipment. The Fleet Services shop is not equipped with the frame rack, permitted spray booth or any other specialized equipment required to perform body repairs. Additionally, the staff does not have specialized training in performing such body repairs.

Throughout the course of normal operations, vehicles and equipment experience damages to the body, paint and frame that may be a result of a collision, traffic incident, or other unforeseen events. Such damages require paint, body, and frame repairs to be performed by an outside vendor under the direction of Fleet Services.

These services are necessary in order to ensure the City’s fleet vehicles and equipment are safe, reliable and in good operating condition. Fleet averages approximately 45 light and medium duty body shop repairs annually and have been using a third-party vendor for these repairs for the past 25 years.

DISCUSSION

Historically, Fleet Services would informally bid each repair service to four local vendors, which has been time consuming, resulting in repair delays. In an effort to be more cost-effective and efficient, staff released a formal bid for automotive body repairs. On November 3, 2022, the Purchasing Division released a Request for Bid (RFB) PW 23-54 with a closing date of December 1, 2022. The solicitation did not receive any bidders. 38 Purchasing inquired with the vendors regarding their lack of response to the bid and learned that the vendors were not familiar with the process through Public Purchase but were still interested in bidding. As a result, Purchasing recommended that Fleet Services repost the bid.

The bid was reposted on December 14, 2022, with a close date of December 28, 2022. The City received three responses, Auto Body International, Inc., Commercial Auto Body and Paint, and Oxnard Auto Body. As a result of the RFB, the City determined Auto Body International, Inc. to be the lowest responsive bidder.

Auto Body International, Inc. is located in Oxnard and 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. Based upon the available information and research performed to date, staff believes the vendor is capable of satisfactorily completing the Agreement. Thus, staff recommends that the City Council award this Agreement to Auto Body International, Inc.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The total cost for this agreement with Auto Body International, Inc. shall not exceed $375,000 through March 20, 2026, if extended. Funding will begin in Fiscal Year 2022-23 and there are sufficient funds in the Fleet Services Fund (741). Subsequent fiscal year funding will be requested in the annual budget process. The estimated spending plan per year is as follows:

Estimated Spending Plan for Light and Medium Duty Paint and Body Account Number FY 2022-23
3 months
FY 2023-24
12 months
FY 2024-2025
12 months
FY 2025-26
9 months TOTAL
7413750-55030 $ 35,000 $ 125,000 $ 125,000 $ 90,000 $375,000

For Finance Use Only: Fleet Fund (Org. 7413750, Object 55030)

Prepared by: Jose Arreola, Fleet Services Manager, Brian Yanez, Assistant Public Works Director

ATTACHMENTS

1. Agreement 32300154

2. Presentation

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TRADE SERVICE AGREEMENT

BETWEEN
THE CITY OF OXNARD AND AUTO BODY INTERNATIONAL, INC.

By This Trade Services Agreement (“Agreement”), the CITY of Oxnard (“CITY”) agrees to engage the services of Auto Body International, 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. Auto Body International, Inc. will provide auto body repair and painting services for fleet vehicles and equipment, to include but not be limited to general body repair, dent repair, component replacement for exterior/interior body components, collision damage repair, glass repair/replacement including windshields, painting all or portions of vehicle bodies, and other repair 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

Auto Body International, Inc. (“SERVICE PROVIDER”), a corporation of the State of California, located at 932 East 5
th St, Oxnard California 93030

3. TERM OF AGREEMENT: From (Date): 3/22/23 To (Date): 3/22/24

3.1 Time is of the essence in this Agreement.

3.2 Any Optional Extension (initial term, pl us any option to extend) shall not exceed a total of three (3) 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 PR OVIDER under this Agreement shall be completed on or before the end of the term of the Agreement.

4. AGREEMENT AMOUNT: $375,000.00

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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
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 Ag reement. Additionally, SERVICE PROVIDER’s services shall be performed or immediatel y supervised by the SERVICE PROVIDER’s Representative:

CITY Designated Representative: SERVICE PROVIDER Designated Representative:

Name: Jose Arreola Name: Heriberto Saucedo
Title: Fleet Services Manager Title: President/CEO Phone: (805) 385-8011 Phone: (805) 486-7811 Email: [email protected] Email: [email protected] Mailing Address (if differs from above): Mailing Address (if differs from above):
1060 Pacific Ave, Bldg 2
Oxnard, CA 93030

7. CONTRACTUAL PREREQUISITES.

7.1. This Agreement must first be exec uted 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 te rms, 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 lic ense, insurance, and W-9 forms is required prior to execution of this Agreement.

7.4 SERVICE PROVIDER shall not perfo rm 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 forth in the “Scope of Services,” attached to and incorporated into this Agreement as 41 Agreement No. 32300154

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“Exhibit A.” Once this Agreement is ex ecuted, 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 wit h 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 Proj ect Manager as set fort h 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.

9. COMPENSATION.

CITY shall pay SERVICE PROVIDER for the services performed pursuant to the terms of this Agreement in the time a nd 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 und isputed portions of any appl icable invoice within forty- five (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 wit hhold 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 th e 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 per formed within the current fiscal year are within the current fiscal budget and wit hin an available, unexhausted and unencumbered appropriation of CITY. In the event CITY does not appropriate sufficient funds for payment of the Servic es 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 appr opriated 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 fo r anything completed, finished or relating to the Services. CITY’s payment shall not constitute nor be deemed a 42 Agreement No. 32300154

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release of the responsibility and liability of SERVICE PROVIDER for the accuracy and competency of the informa tion 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 employ ees, agents and Subcontracted service providers.

10.4 SERVICE PROVIDER shall provi de CITY with a completed Request for Taxpayer Identification Nu mber and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the Services performed by SERVICE PROVIDER or materials or products pr ovided to CITY by SERVICE PROVIDER, SERVICE PROVIDER shall pay the sale s 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 exercise s the option to extend pursuant to Section 3.2 and 3.3 of the Agreement. The initial term, plus any opt ion to extend, shall not exceed a total of five (5) years. If no option to extend the Agreemen t 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. Neit her City nor any of its em ployees or agents shall have control over the conduct of SERVIE PROVIDER or any of its em ployees, except as 43 Agreement No. 32300154

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stated in this Agreement. SERVICE PROVID ER 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 SE RVICE PROVIDER. This Agreement shall not be interpreted to prev ent or preclude SERV ICE PROVIDER from rendering any services for SERVICE PROVIDER ’s own account or to any other person or entity as SERVICE PROVID ER 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 t he City. The CITY retains the right to provide general instructions to and ob serve the SERVICE PROVIDER in the performance of all services done on behalf of the CITY.

SERVICE PROVIDER and its employees and agents have no au thority, 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 ac t 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 leav e, compensatory leave, Pub lic Employees Retirement System benefits, and health, life, dental, long-term disability and workers’ compensation insurance benefits. SERVICE PROVIDER shal l not, at any time or in any manner, represent that it or any of its agents or employees ar e 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 relate d to the performance of dut ies under this Agreement.

SERVICE PROVIDER, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licens es, 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 su bstance. When there is reasonable cause to believe that any person has violated this provision, that person shall be immediately removed fr om the premises and be subjec t 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 releas e of the SERVICE PROVIDER from such standard of care and workmanship.

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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, correspondenc e, and/or other pertinent data and information, both hard copy and electr onic, gathered or pr epared by SERVICE PROVIDER in performance of this Agreem ent and shall be entitled to immediate possession of the same upon completion of t he 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 theref rom, 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 t he course of the SERVICE PROVIDER's services.

S E R V I C E P R O V I D E R s h a l l , i n s u c h t i m e a n d i n s u c h f o r m a s t h e C I T Y m a y require, furnish reports co ncerning the stat us of services required under this Agreement. SERVICE PROVIDER shal l, upon request by CITY and upon completion or termination of this Agreem ent, 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 deve loped pursuant to this Agreement shall be the proper ty of the CITY, and all pat ents or copyrights shall be assigned to the CITY , unless otherwise agreed. SERVICE PROVIDER agrees that CITY may make modification s 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 reproduc ed, 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 fr om 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” 45 Agreement No. 32300154

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(see Government Code Se ction 6254.7(d)) wh en 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 th e public as that term is used in Government Code Section 6254.5.

17.6. Disclosure of Information. SERVICE PROVIDER shall not disclose, publish, or authorize others to disclos e or publish, design data, drawings, specifications, reports, or ot her information pertaining to the projects assigned to SERVICE PROVIDER by the CITY or ot her 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 PROVID ER in reliance on any Confidential Information disclosed under this Agreement.

18. ASSIGNMENT.

This Agreement is for the non-professi onal services of SERVICE PROVIDER.

Any attempt by SERVICE PROVIDER to a ssign the benefits or burdens of this Agreement without the prior wr itten approval of CITY sha ll be prohibited and shall be null and void. SERVICE PROVIDER's services pursuant to this Agreement shall be provided by the SERVICE PROVIDER’s De signated 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 br each of this Agreement wher e the breach is capable of being cured, or until written notice of the breach is received from the non-breaching Party.

The Party charg ed with breach will have fifteen (15) calendar da ys from the date of receiving such notice in which to cure the breach or otherwi se respond. If the circumstances leading to t he charge that the Agreemen t was breached have not been cured or explained to th e 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.

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All notices given or required to be give n pursuant to this Ag reement shall be in writing and may be given by pers onal delivery or by first-class mail. Notice sent by mail shall be addressed to each Part y’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 gi ven by giving notice in the manner prescribed in this Section.

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 th is 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 co venant from SERV ICE PROVIDER’s obligations under this section, SERVICE PROVIDER shall to the fullest extent permitted by law, immediately defend, indemnify, a nd 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 su bject to the duties to defend and indemnify include, without limitation, all claims, loss es, damages, penalties, fines, and judgments; associated investigation and administrative expenses; def ense costs, including but not limited to reasonable attorneys’ fees; cour t 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 t he 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, administrativ e, or special proceedings, wi th 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 47 Agreement No. 32300154

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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 defen d extends through final judgment, including exhaustion of any appeals. The defense obligation includ es 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 negligen ce 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.

23.3 The review, acceptance or approval of SERVICE PROVIDER’s work or work product by any of the Indemnitees sh all not affect, reliev e or reduce SERVICE PROVIDER’s indemnification or defense obligations. SERVICE PROVIDER waives any right of contribution against CITY or any of CITY’s offi cers, employees, agents, or volunteers arising out of such failure to inspect, review, mo nitor, or supervise the work performed by SERVICE PROVIDER pursuant to this Agreement. The pr ovisions of this Section shall not be restricted by and do not affect the pr ovisions 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 al l 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 in terest asserted against CITY by reason of the independent contractor rela tionship created by this Agreement. SERVICE PROVIDER shall be solely responsible for, and shall save CITY harmless from, all matters relating to the payment of SERVIC E PROVIDER’s subcontractors, material suppliers, directors, officers, employee s, agents and representatives, including compliance with social security requirements, federal and State inco me tax withholding, and all other regulations gove rning 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 re imbursement or indemnification arising under this Section.

24. INSURANCE.

SERVICE PROVIDER shall obtain and main tain during the performance of any services under this Agreement the insuranc e coverages listed within “Exhibit C”, which is attached hereto and incor porated herein by this refer ence, unless the Risk Manager waives, in writing, the requirement that SERVICE PROVIDER obtain and maintain such insurance coverages. Such insu rance 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”. Maintenan ce of insurance coverages by SERVICE PROVIDER is a material element of this Agreement. SERVICE PROVIDER’S failure to 48 Agreement No. 32300154

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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 whole or in part in performing the services provid ed 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 prev ailing wages as designated for Ventura County shall apply to public work s projects. However, this section shall not apply to work performed on a public wo rks 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 Departme nt of Industrial Relations (DIR).

To determine if this Agreement is s ubject 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 pub lic 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 requi rements 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.

27. [RESERVED] -

28. [RESERVED] –

29. [RESERVED] -

30. DISPUTES.

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Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this Agre ement, 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.

31. 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. Th e mediator shall be agreed to by the mediating Parties. In t he absence of an agreement on a mediator, the Parties shall each submit one name from medi ators listed by the American Arbitration Association, the California State Board of Medi ation and Conciliati on, or other agreed- upon service. The mediator shall be selected by a “blindfold” process. The cost of mediation shall be borne equally by both Partie s. 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 m eeting with the mediator, shall last until agreement is reached by the Parties but not more than si xty (60) calendar days, unless the maximum time is extended in writing by both Parties.

32. AUDIT.

CITY shall have the option of inspecti ng, auditing and/or reproducing all records and other written materials: used by SERVIC E PROVIDER in preparing its billings to CITY as a condition precedent to any paym ent to SERVICE PROVIDER; or for other purposes relating to the Agreement. SERVICE PROVIDER will promptly furnish all documents requested by CITY. A dditionally, if this Agreem ent is in excess of $10,000, the State Auditor may exami ne and audit SERVICE PROVIDER for a period of 3 years after final payment under t he 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, whichev er 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 lo cation other than in CITY, including but not limited to expenses for personne l, salaries, private auditor, travel, lodging, meals and overhead. SERVICE PROVIDER shall include a copy of this Section in all contracts with its subcontractors, and SE RVICE PROVIDER shall be re sponsible for immediately obtaining those records or other written ma terial from its subcontractors upon a request by the State Auditor and/or CITY.

33. ADVERTISING AND PUBLICITY
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SERVICE PROVIDER shall no t use the name of or refe r to CITY directly or indirectly in any advertisement, news releas e, or professional or trade publication without prior written approval from the City Manager. This Section shall survive the termination of this Agreement.

34. NONDISCRIMINATORY EMPLOYMENT.

SERVICE PROVIDER shall not unlawfull y discriminate against any individual based on race, color, religion or religious cr eed, 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, immi gration 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 subcont ractor who will perform Services, SERVICE PROVIDER shall be re sponsible for such subcontractor’s compliance with this Section.

35. FORCE MAJEURE.

Neither the SERVICE PROVIDER nor t he CITY shall be responsible for any delay caused by any contingency beyond their c ontrol, 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.

36. GOVERNING LAW.

The terms of this Agreement shall be interpreted according to the laws of the State of California. Should litigation occur, venue s hall be in the Superior Court of California, County of Ventura.

37. SEVERABILITY.

If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such por tion will be deemed modifi ed 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 th is Agreement will continue in full force and effect and be enforceable.

38. INTEGRATED AGREEMENT.

This Agreement and the attached exhibits referenced herein to this Agreement represent the entire understand ing between the Parties. No verbal agreement or implied covenant shall be held to vary t he provisions of this Agreement. This 51 Agreement No. 32300154

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Agreement shall bind and inure to the benefit of the Parties to this Agreement and any subsequent successors and assigns.

39. NO THIRD-PARTY BENEFICIARY.

This Agreement shall not be construed to be an agreement for the benefit of any third-party or parties, and no third party or parti es shall have any claim or right of action under this Agreement.

40. 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, bus iness 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.

41. EXECUTION – COUNTERPARTS.

This Agreement may be exec uted in any number of counterparts and each such duplicate counterpart shall constitute an or iginal, 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 deliver ed unless and until the counterpa rt executed by the other Party to this Agreement is in the physica l possession of the Part y seeking enforcement thereof.

42. INCONSISTENT OR CONFLICTING TERMS.

In the event of any contradictions or inconsistencies between any attached documents or exhibits incorporated by re ference 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 contra ctual terms or conditions contained in such exhibit imposing additional ob ligations on the CITY are no t binding upon the CITY’s Designated Representative unle ss 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 a cknowledges that it has reviewed the CITY’s Trade Services Agreement terms and conditions and in surance requirements and that SERVICE PROVIDER hereby agrees to full compliance.

[Signatures on next page]

52 53
Agreement No. 32300154

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EXHIBIT A

TRADE SERVICE AGREEMENT
(CITY of Oxnard and AUTO BODY INTERNATIONAL, INC.)

SCOPE OF SERVICES

SCOPE OF WORK

AUTO BODY LIGHT/ MEDIUM DUTY

The selected proposer will provide body re pair and painting to the City of Oxnard on an as needed basis. The pr oposer must have a minimum of five (5) years recent experience performing similar work/services. The work shall be performed at the proposer’s shop unl ess otherwise agreed to in writing City of Oxnard.

Compensation will be based on the prices proposed on the bid form attached as Attachment A.

Body Repair and Painting:

The proposer will provide auto body repair and painting services for fleet vehicles and equipment, to include but not be limited to general body repair, dent repair, component replacement for exterior/int erior body components, collision damage repair, glass repair/replacement including windshields, painting all or portions of vehicle bodies, and other repair services. Bent parts are to be straightened and reinforced or replaced if necessary incl uding aluminum body parts. In the event that vehicle decals are dam aged, the proposer will obta in new decals from the City of Oxnard or a designated decal provider and apply new decals to the repaired vehicle. Decal removal and installa tion are to be included in the repair estimate. All bodywork will receive at l east three coats of primer: two (2) during bodywork repair, and a minimum of one (1) during the painting process.

General Shop Requirements:

The proposer’s body shop will meet the following minimum requirements:
a) Be able to perform complete body r epairs, as well as paint vehicles and equipment
b) Maintain a paint booth that is in l egal compliance with all applicable laws c) Maintain a secure storage area fo r all City of Oxnard owned vehicles d) Possess a MIG and TIG welder or other electric spot welding equipment for body welding including aluminum body repairs
e) The proposer shall ensure that the vehicle computer systems are disconnected from the vehicle before any welding is done. The proposer is to replace, at his/her expense, any vehicle on board computers damaged by not disconnecting the computer s before any welding operations 54 Agreement No. 32300154

Page 16 of 30 ends

f) Be available during normal busin ess hours Monday through Friday, 8:00 a.m. to 5:00 p.m.

Estimate Process Requirements:

The proposer will provide estimates for body repair and painting on an as needed basis as requested by City of Oxnard. Estimates will include:
a) Make, model and mileage of vehicle
b) License plate number, VIN number and City of Oxnard unit number c) BOLDLY state if the estimate is in relation to an incident and note the incident report number (M VIR) and date, if any
d) Itemized list of description of work to be performed e) Estimated number of labor hours of task
f) Itemized list of parts and paint materials costs
g) All incidentals or miscellaneous shop supplies and charges shall be included and priced accordingly
h) Total repair estimate is to include sales tax
i) Approximate schedule to complete t he repairs after receiving a notice to proceed
j) If applicable, any recommendat ions for future repairs k) All estimates shall be from an app licable industry sta ndard Collision and Estimating Reference Guide used by insurance appraisers. Proposers shall provide the name and versi on of the guide or software used

Prior to any repair, the pr oposer and City of Oxnard Fleet Service Writer or Fleet Supervisor will review the estimate and conf irm that the estimate includes an accurate description of t he vehicle condition. All repair estimates must be approved by the City of Oxna rd in writing in advance of work being performed.

Repair work will not start until a notice to proceed is re ceived. The Proposer will assume full liability and responsibility for all vehicles and contents (including radios, aftermarket lighting and other st andard or installed equ ipment) placed in its custody by the City of Oxnard under this contract.

Parts:

All parts used to provide automotive body repair will be new Original Equipment Manufacturer (OEM). Any and all incident al charges shall be included in the proposer's hourly rate. Proposers shall furnish new unused O.E.M., remanufactured O.E.M., vehicle body parts, materials and labor as required in accordance with the provisions and specifications contained herein. If OEM parts are not available or obsolete, notificati on to the City of Ox nard is required for approval.

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Alignment:

Proposer agrees to perform realignment of all vehicles when needed. This shall be a thrust alignment for frame vehicles and four wheel alignment for unibody vehicles. A printout of the readings afte r the alignment will be included in each repair order. Proposer will en sure personnel or sub-cont ractor is qualified to perform alignment work.

Frame Work:

Proposer agrees to perform frame stra ightening of all vehi cles when needed.

Proposer will ensure personnel or sub-contractor is qu alified to perform all framework.

Airbag Components:

All airbag components shall be replac ed with NEW O.E.M. parts when the decision has been made to replace the components.

Major Repairs:

If metal body or plastic components are damaged beyond repair, the damaged area will be cut out and replac ed with new metal or plastic that is equal to or greater than the original thickness of the component.

Painting Process Requirements:

The paint process will consist of the fo llowing in the order listed, utilizing the latest state-of the-art painting and paint matching systems, mixing tools, California compliant water based or solvent based paints and clear coats and spraying tools:
• Primer
• Base Coat
• Clear Coat

Acceptable Paint Manufacturers:

All paints used will be from a qualified and reputable paint manufacturer, such as Diamont, Dupont, PPG, Akzonobel Sikkens or equivalent. Proposers shall provide the name of the paint manufacture r used and warranty in each estimate.

No single stage paints shall be used. All Paints shall be CARB compliant.

Warranty:

All parts and supplies provided shall be warranted for a minimum period of six (6) months or twelve thousand (12,000) mile s, or for any manufacturer warranty period, whichever is greater. Warranted par ts shall be replaced with new parts.

All warranty information will be made available to the City of Oxnard.

Unsatisfactory repairs include, but ar e not limited to, paint swirls, fish eye 56 Agreement No. 32300154

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blemishes, mismatched paint color, buffe r burns, as well as any other defects and/or imperfection in body work or paint finish.

Pickup and Delivery:

The proposer will provide fr ee pickup and delivery of v ehicles, including vehicle tow as necessary, when repairs or painting is required. The repaired vehicles will be returned to the City of Oxnard by pe rsonnel with the knowledge necessary to review and discuss the quality of comple teness of the repairs and review the vehicle condition report with the City of Oxnard r epresentative. If it is determined that the vehicle is not properly repair ed, the vehicle will be returned to the proposer’s shop for repair and delivery at no additional c harge. All vehicles shall be returned to the City of Oxnard within 24 hours of completion of repairs.

Time for Performance:

Time is of the essence in returning Cit y of Oxnard vehicles to service. The successful proposer agrees that work as signed under contract shall receive priority over the other work in its s hop, unless specific pr ior approval has been obtained from the City of Oxnard.

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EXHIBIT B

TRADE SERVICE AGREEMENT
(CITY of Oxnard and AUTO BODY INTERNATIONAL, INC.)

SCHEDULE OF COMPENSATION

Labor Costs
Line
Item Vehicle Type Type of Labor Quantity
Unit of
Measure Price
1 Light Duty Body Repair 1 Per Hour $56.00
2 Light Duty Aluminum Body Repair 1 Per Hour $70.00
3 Light Duty Frame Repair 1 Per Hour $68.00
4 Light Duty Glass Repair 1 Per Hour $56.00
5 Light Duty Mechanical Repair 1 Per Hour $70.00
6 Light Duty Paint 1 Per Hour $56.00
7 Light Duty Paint Supplies 1 Per Hour $38.00
8 Medium Duty Body Repair 1 Per Hour $56.00
9 Medium Duty Frame Repair 1 Per Hour $68.00
10 Medium Duty Glass Repair 1 Per Hour $56.00
11 Medium Duty Mechanical Repair 1 Per Hour $70.00
12 Medium Duty Paint 1 Per Hour $56.00
13 Medium Duty Paint Supplies 1 Per Hour $38.00
Bid Total $695.00

Parts and Supplies
Line
Item Product Specifications
Discount Off
Manufacturer's
Suggested Retail Price
14 OEM Replacement Parts Domestic, Light Duty 5% Off
15 OEM Replacement Parts Import, Light Duty 5% Off
16 Aftermarket/ Used Replacement Parts Light Duty 5% Off 17 OEM Replacement Parts Medium Duty 5% Off
18 Aftermarket/ Used Replacement Parts Medium Duty 5% Off

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EXHIBIT C

TRADE SERVICES AGREEMENT
(CITY of Oxnard and AUTO BODY INTERNATIONAL, INC.)

INSURANCE REQUIREMENTS

Prior to contract approval, CONSULTA NT/SERVICE PROVID ER/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.

[See next pages]

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Exhibit INS-V

INSURANCE REQUIREMENTS FOR VENDORS/CONTRACTORS
(WHO REPAIR, INSTALL OR MAINTAIN VEHICLES AND EQUIPMENTS IN VENDORS/CONTRACTORS CARE,

CUSTODY AND CONTROL)
City of Oxnard’s Fleet Services Department cannot process any transactions until the following insurance documents have been submitted.

a. Commercial General Liability Insurance, including Contractual Liability in an amount not less than $1,000,000 Occurrence/$2,000,000 Aggregate for bodily injury and property damage for each claimant for General Liability with coverage equivalent to Insurance Services Office Garage Insurance Coverage form. Contractor is required to provide Additional Insured Endorsement naming City of Oxnard as additional insured.

b. Business Automobile Liability Insurance in an amount of $1,000,000 combined single limit for bodily injury and property damage which may arise from or in connection with the performance of services hereunder by Vendor/Contractor, its agents, representatives, employees or subcontractors. Contractor is required to provide Additional Insured Endorsement naming City of Oxnard as additional insured.

c. When City vehicles are in the care, custody and control of the Contractor, Garagekeepers Legal Liability in an amount not less than $1,000,000 per claimant must be provided.

d. Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.

2. Contractor shall, prior to performance of any services, file wi th the Risk Manager, certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-T. 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 o n 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 insura nce policies at any time. The certificates of insurance and endorsements will be requested via email. If you have not received yo ur request or are having difficulty with the electronic upload, contact [email protected].

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. Contractor is responsible to provide immediate notification to Risk Manager in the event coverage is suspended, voided, canceled or reduced in coverage.

4. Contractor agrees that the Commercial General Liability Insurance and Garagekeepers Legal 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. Required forms for Commercial General Liability Insurance and Garagekeepers Legal Liability Endorsements are ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037, or equivalent.

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). 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 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.

12/22

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INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS

Certificates of Insurance

The sample accord form on the following page is provided to f acilitate your preparation and su bmission 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 a ccord 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 uni dentifiable insurance certific ates to the insured for clarification as to the contr act number. Cancellation provisions must be endo rsed to the policy. Modifying the cert ificate 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 th e applicable certificate of insurance. City preference is that you use the endorsement forms which are attached. Substitute for ms will be accepted, however, as long as they include provisions comparable to the attached.

INS-V.doc

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

PRODUCER

CODE SUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE

INSURED COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS
SPACE

COMPANY

LETTER B

COVERAGES

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

NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER 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) $

AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY

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

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA
FORM

EACH OCCURRENCE $
AGGREGATE $

WORKERS' COMPENSATION
AND

EMPLOYERS' LIABILITY

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

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 Agreement
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 ℅ Evident ID, Inc.
8520 Allison Pointe Blvd Ste 223
PMB 52150
Indianapolis, Indiana 46250-4299
US

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

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GENERAL LIABILITY SPECIAL

ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone:
Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim
(which) NAMED INSURED
APPLICABILITY This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:

CITY AGREEMENTS/PERMITS TYPE OF INSURANCE

GENERAL LIABILITY
COMMERCIAL GENERAL

LIABILITY
COMPREHENSIVE GENERAL

LIABILITY
OWNERS & CONTRACTORS

PROTECTIVE
Claims Made
Retroactive Date

Occurrence

OTHER PROVISIONS
COVERAGES LIABILITY LIMITS IN THOUSANDS $

EACH OCCURRENCE AGGREGATE
GENERAL
PRODUCTS/COMPLETED

OPERATIONS
PERSONAL & ADVERTISING
INJURY
FIRE DAMAGE

CLAIMS:

Underwriter’s representative for claims pursuant to this insurance.

Name:

( )
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:

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.

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Co mmercial General Liability Coverage, “occurrence” form CG 0001; or b. If excess, affords coverage which is at least as broad as the primary insurance form CG 0001.

Except as stated above nothing herei n shall be held to waive, alter or extend an y of the limits, conditi ons, agreements or excl usions of the policy to which this endorsement is attached.

ENDORSEMENT HOLDER
City of Oxnard ℅ Evident ID, Inc.
8520 Allison Pointe Blvd Ste 223
PMB 52150
Indianapolis, Indiana 46250-4299 US

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-T.doc

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AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)

SUBMIT IN DUPLICATE
ENDORSEMENT NO. ISSUE DATE
(MM/DD/YY)
PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

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

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

NAMED INSURED

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE OTHER PROVISIONS

COMMERCIAL AUTO POLICY

BUSINESS AUTO POLICY
OTHER
LIMIT OF LIABILITY CLAIMS: Underwriter’s representative for claims pursuant to this insurance.

Name:_______________
Address: __________
Telephone: ( )
$ per accident, for bodily injury
and property damage.

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

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.

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Automobile Liability Cove rage, “occurrence” form CA0001, code ("any auto"); or b. If excess, affords coverage which is at least as broad as t he 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 excl usions of the policy to which this endorsement is attached.

ENDORSEMENT HOLDER
City of Oxnard ℅ Evident ID, Inc.
8520 Allison Pointe Blvd Ste 223
PMB 52150
Indianapolis, Indiana 46250-4299 US

Signature
(original signature required)
Telephone: ( )
Date Signed

Rev.12/22 INS-T.doc

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EXHIBIT D

TRADE SERVICES AGREEMENT
(CITY of Oxnard and AUTO BODY INTERNATIONAL, INC.)

LIVING WAGE POLICY

Pursuant to the Living Wage Policy ado pted July 9, 2002 by the City Council and effective October 1, 2002, the City Ma nager 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 com pensate any employ ee of SERVICE PROVIDER who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and in corporated 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 PROV IDER 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 compens ate 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 fail s 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 t he City Manager or designee provides written notice to SERVICE PROVIDER of the amount owed.

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CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2022

SERVICE PROVIDER shall compens ate any employee of SERVICE PROVIDER who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and inco rporated 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 eac h hour that such employee provides services under this Agreement. This hourly rate shall be adjuste d 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 (C PI-U), index base 1982-84=100, comparing May of the previous year to May of th e current year. In addition, while this Agreement is in effect, SERVICE PROVID ER 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 compens ate 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 fail s 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 fi ne and penalty within fifteen (15) calendar days after t he City Manager or designee provides written notice to SERVICE PROVIDER of the amount owed.

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EXHIBIT E

TRADE SERVICES AGREEMENT
(CITY of Oxnard and AUTO BODY INTERNATIONAL, 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 Se ction 1773.2, copies of t he prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at Cit y Hall and will be made availa ble to any interested party on request. SERVICE PROVIDER acknowled ges 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 shal l comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of pr evailing rates of wages to workers and the penalties for fail ure to pay prevailing wages. SERVICE PROVIDER shall, as a penalty to CITY, fo rfeit 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 th e 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 subcont ractor to (1) keep accurate payroll records and verify such records in writin g 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 Californi a Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations. Before comm encing work under this Agreement, SERVICE PROVIDER shall provide CITY with a copy of the information submitted to any applicable apprenticeship program. With in 60 days after concluding the Project, 67 Agreement No. 32300154

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SERVICE PROVIDER and each of its subcontract ors 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 t he Agreement Term, SERVICE PROVIDER must immediately notify CITY.

8. SERVICE PROVIDER is not qualified to bid on, be lis ted 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 current ly registered and qualified to perform public work pursuant to Labor Code Sect ion 1725.5. SERVICE PROVIDER shall continue without interruption to stay registered and qualif ied to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provision does not apply to c onstruction, alteration, demoliti on, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.

9. SERVICE PROVIDER acknowledges t hat 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 Lab or Code Section 1813 concerning penalties for workers who work excess hours. SERVICE PROVIDER shall, as a penalty to CITY, fo rfeit $25 for each worker employed in the performance of this Agreement by SERVICE PROVIDER or by any subcontractor for each calendar day during whic h 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 Sect ion 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 al l 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 res ponsible 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 co mply with, those statut ory provisions. SERVICE PROVIDER shall be required to take a ll actions necessary to enforce such contractual provisions and ensure subcontra ctors’ compliance, including without limitation, conducting a periodic review of the cert ified payroll records of each subcontractor, and upon becoming aware of t he failure of the subcontractor to pay its workers the specified prevailing ra te of wages, SERVICE PROVIDER shall diligently take corrective action to halt or rectify any failure.

68 Agreement No. 32300154

Page 30 of 30 ends

13. To the maximum extent, SERVICE PROVIDER shall hold harmless, defend (with counsel approved by the City Attor ney) and indemnify CITY, its legislative bodies, and its officials, officers, empl oyees 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 list ed above by any person or entity (including Service Provider, its subcontra ctors, and each of their offi cials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without li mitation the payment of all attorneys’ fees and other related costs. All duties of SERVICE PROVIDER under this Section shall survive Agreement termination.
69 Agreement 32300154 with Auto Body
International, Inc. for Light and Medium Duty
Paint and Body
Public Works and Transportation Committee
February 28, 2023
Jose Arreola
Fleet Services Manager
70 That the Public Works and Transportation Committee
recommend that the City Council approve and authorize an Agreement with Auto Body International, Inc. for a one year term with the option to extend for two consecutive one year periods for a maximum contract term of three years, and a total contract not-to-exceed amount over the entire possible contract term of $375,000 for light and medium duty paint and body work.

RECOMMENDATION 2
71 • The Fleet Services Division of the Public Works Department performs maintenance and repairs of the City’s 955 fleet vehicles and equipment valued over $50 million • As part of the ongoing fleet management, Fleet Services requires a vendor to provide as-needed automotive body repairs for City vehicles and equipment • The Fleet Services shop is not equipped with the frame rack, permitted spray both or other specialized equipment required to perform body repairs. In addition, staff does not have specialized training in performing such body repairs BACKGROUND 3
72 • Throughout the course of normal operations, vehicles and equipment experience damages to the body, paint and
frame that may be a result of a collision, traffic incident, or other unforeseen event. Such damages require paint, body and frame repairs to be performed by an outside vendor
under the direction of Fleet Services
• These services are necessary in order to ensure the City’s fleet vehicles and equipment are safe, reliable and in good operating condition
• Fleet averages approximately 45 light and medium duty body shop repairs annually and have been using a third
party vendor for these repairs for the past 25 years
BACKGROUND 4
73 • Historically, Fleet Services would informally bid each repair service to four local vendors which has been time consuming, resulting in repair delays • In an effort to me more cost-effective and efficient, staff released a formal bid for automotive body repairs • On November 3, 2022, the Purchasing Division released Request for Bid (RFB) PW 23-54 with a closing date of December 1, 2022. The solicitation did not receive any bidders • Purchasing inquired with the vendors regarding their lack of response to the bid and learned that the vendors were not familiar with the process through Public Purchase but were still interested in bidding DISCUSSION 5
74 • As a result, Purchasing recommended that Fleet Services report the bid
• The Purchasing Division reposted the bid on December 14, 2022 with a close date of December 28, 2022
• The City received three responses, Auto Body
International, Inc., Commercial Auto Body and Paint, and Oxnard Auto Body
• As a result of the RFB, the City determined Auto Body International, Inc. to be the lowest responsive bidder
DISCUSSION 6
75 • Auto Body International, Inc. is located in Oxnard and 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
• Based upon the available information and research
performed to day, staff believes the vendor is capable of satisfactorily completing the Agreement.
• Staff recommends that the City Council award this
Agreement to Auto Body International, Inc.

DISCUSSION 7
76 • The total cost for this agreement with Auto Body
International, Inc. shall not to exceed $375,000 through March 20, 2026, if extended
• Funding will begin in Fiscal Year 2022-23 and there are sufficient funds in the Fleet Services Fund (741)
• Subsequent fiscal year funding will be requested in the annual budget process
FINANCIAL IMPACT 8
77 The estimated spending plan per year is as follows:

FINANCIAL IMPACT 9
Estimated Spending Pan for Light and Medium Duty Paint and Body Account Number
FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26
Total
3 months 12 months 12 months 9 months
7413750-55030 $ 35,000 $ 125,000 $ 125,000 $ 90,000 $ 375,000 78 QUESTIONS
10 79

Public Works & Transportation CommitteeFebruary 28, 2023

Public Works & Transportation Committee
February 28, 2023