Public Works & Transportation Committee
June 27, 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.

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

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

AGENDA

OXNARD CITY COUNCIL

PUBLIC WORKS AND TRANSPORTATION COMMITTEE
Council Chambers, 305 West Third Street
June 27, 2023
Regular Meeting - 8:30 to 10:00 PM

Zoom details to call-in for public comment during a meeting:

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

2. Enter Meeting ID: 833 0377 3121

3. Passcode: 994785

If you wish to speak during public comments or a particular item on the agenda, please sign-on by following the zoom call-in steps listed above. Once the presiding officer calls for public speakers, press *9 to raise your hand to inform the City Clerk you would like to speak during the public speaking section for that particular item on the agenda, while in the zoom waiting room. Press *6 when asked to unmute. Listen to the instructions provided virtually on the phone while on hold in the zoom waiting room. Please note that there is a slight time delay when viewing the meeting via television.

IN ACCORDANCE WITH ASSEMBLY BILL 2449, MEMBERS OF THE LEGISLATIVE BODY MAY MEET IN- PERSON OR 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:

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

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

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

1 OXNARD CITY COUNCIL: PUBLIC WORKS AND TRANSPORTATION COMMITTEE June 27, 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.

A. ROLL CALL, POSTING OF AGENDA, FLAG SALUTE
Consideration of Teleconference Participation pursuant to Assembly Bill 2449.

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 June 13, 2023 regular meeting as presented.

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

1. Public Works Department
SUBJECT: Public Project Agreement 32400005 with Chrisp Company for On-Call Street Striping and Marking Services, Specification No. PW 23-91. (10 minutes)

RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute an Agreement with Chrisp Company in the amount not to exceed $1,000,000 for a five-year term for On-Call Street Striping and Marking Services.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/ehHOi8_JBdo
2 OXNARD CITY COUNCIL: PUBLIC WORKS AND TRANSPORTATION COMMITTEE June 27, 2023 - Page 3

Contact: Michael Wolfe, (805) 385-8055

2. Public Works Department
SUBJECT: Third Amendment to Lease Agreement A-5300 with Cingular Wireless. (10 minutes)

RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve the Third Amendment to Revenue Lease Agreement A-5300 with Cingular Wireless.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/6EHYqTBxjc4
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: June 27, 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 June 13, 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 06 13 2023 Public Works & Transportation

4 AGENDA

OXNARD CITY COUNCIL

PUBLIC WORKS AND TRANSPORTATION COMMITTEE
Council Chambers, 305 West Third Street
June 13, 2023

A. ROLL CALL, POSTING OF AGENDA, FLAG SALUTE
At 8:30 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 Assistant City Clerk called the roll and announced the posting of the agenda. Chair Bert Perello, Member Arthur Valenzuela Zavala, and Member John C. Zaragoza were present in person.

Staff members present in person were Alexander Nguyen, City Manager; Michelle (Elle) Mc Carron, Assistant City Attorney ; Michael Wolfe, Public Works Director ; Brian Yanez, Assistant Public Works Director ; Joseph Marcinko, Assistant Public Works Director ; Jan Hauser, Wastewater Div ision Manager ; James Torrez, Material Recovery Facility Manager ; Philip Schwieder, Streets Division Manager ; Eric Zetz, Environmental Resources Manager; and Dee Lai, Assistant City Clerk.

Consideration of Teleconference Participation pursuant to Assembly Bill 2449.

B. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Public comments were received from Ray Blattel (Special Districts/LMD Assessments).

C. CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the Public Works & Transportation Committee approve the minutes of the May 23, 2023 regular meeting as presented.

It was moved by Member Valenzuela Zavala, seconded by Member Zaragoza, to approve the meeting minutes as presented. VOTE: Perello, Valenzuela Zavala, and Zaragoza voted in favor, the motion carried 3-0.

D. REPORTS

1. Public Works Department
SUBJECT: First Amendment to Professional Services Agreement A-8415 with AECOM Technical Services, Inc. for On-Call Utility Engineering Services. 5 JUNE 13, 2023 OXNARD CITY COUNCIL PAGE 2

PUBLIC WORKS & TRANSPORTATION COMMITTEE

RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute a First Amendment to an Agreement with AECOM Technical Services, Inc. (AECOM) to increase the not to exceed amount from $500,000 to $1,500,000 and extend the term to February 28, 2026 for On-Call Utility Engineering Services.

Timothy Beaman, Supervising Civil Engineer presented and answered the Committee’s questions. No public comments were received. Discussion ensued among the Committee and staff.

It was moved by Chair Perello , seconded by Member Valenzuela Zavala, to approve the recommended action as presented. VOTE: Perello, Valenzuela Zavala, and Zaragoza voted
in favor; the motion carried 3-0.

2. Public Works Department
SUBJECT: First Amendment to Agreement 9721-22-FN with Salado Enterprises for the Citywide Vehicle Mobile Washing and Detailing Services.

RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute a First Amendment to Agreement with Salado Enterprises in the amount of $175,000 for a new total not to exceed $375,000 for an additional period of 12 months for the Citywide Vehicle Mobile Washing and Detailing Services.

Brian Yanez, Assistant Public Works Director presented and answered the Committee’s questions. James Torrez, Material Recovery Facility Manager was also available to answer questions. No public comments were received. Discussion ensued among the Committee and staff.

It was moved by Member Zaragoza, seconded by Member Valenzuela Zavala, to approve the recommended action as presented. VOTE: Perello, Valenzuela Zavala, and Zaragoza voted
in favor; the motion carried 3-0.

3. Public Works Department
SUBJECT: Purchase Order with Safety Network Traffic Signs, Inc. for Finished Street Signs.

RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Purchasing Manager to execute a Purchase Order with Safety Network Traffic Signs, Inc. for finished street signs in the amount not to exceed $750,000 for a five-year term ending on June 30, 2028.

Brian Yanez, Assistant Public Works Director presented and answered the Committee’s questions. Brian Yanez, Assistant Public Works Director introduced the newly hired Eric Zetz, Environmental Resources Manager . No public comments were received. Discussion 6 JUNE 13, 2023 OXNARD CITY COUNCIL PAGE 3

PUBLIC WORKS & TRANSPORTATION COMMITTEE

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, Valenzuela Zavala, and Zaragoza voted in favor; the motion carried 3-0.

4. Public Works Department
SUBJECT: Trade Services Agreement 32400008 with Aquatic Bioassay and Consulting Laboratories, Inc. (ABC Labs) for Ocean Monitoring Services.

RECOMMENDATION: That the Public Works and Transportation Committee recommend the City Council approve and authorize the Mayor to execute an agreement with Aquatic Bioassay and Consulting Laboratories, Inc. (ABC Labs) for an amount not to exceed $1,850,000 for a five-year term ending December 31, 2028 for ocean outfall monitoring services.

Jan Hauser, Wastewater Division Manager 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 Member Valenzuela Zavala, to approve the recommended action as presented. VOTE: Perello, Valenzuela Zavala, and Zaragoza voted
in favor; the motion carried 3-0.

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 9:07 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: June 27, 2023

TO: Public Works and Transportation Committee

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

SUBJECT: Public Project Agreement 32400005 with Chrisp Company for On-Call Street Striping and Marking Services, Specification No. PW 23-91. (10 minutes)

RECOMMENDATION

That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute an Agreement with Chrisp Company in the amount not to exceed $1,000,000 for a five- year term for On-Call Street Striping and Marking Services.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/ehHOi8_JBdo

BACKGROUND

The City’s Public Works Streets Division maintains approximately 1,034 lane-miles of streets and roadways, which include approximately 1.8 million square feet of white and yellow pavement markings used to show turns, stops and yield lines, approaching warnings, bike lanes and crosswalks. The Streets Division has used outside pavement marking services for the past 25 years; our most recent vendor was Chrisp Company. The scope of this project is to restripe, replace, and install new pavement markings on an as-needed basis at locations throughout the City to meet current code requirements and enhance safety and visibility for vehicles, bicyclists, and pedestrian users.

DISCUSSION

Pavement marking is a vital maintenance aspect to enhance safety and directional information through visible striping and pavement symbols for City roads and intersections. Pavement markings are needed to clearly delineate the roadway for safe and efficient travel and to help communicate important information to road users. Pavement markings will be performed on an as-required basis as approved by the City Traffic Engineer.

Examples include:
• Where pedestrians should cross the street
• When motorists should expect railroad or school crossings • When motorists should expect a bicyclist

The specific work for these services includes furnishing all necessary labor, materials, equipment and other incidental and appurtenant work to provide on-call street striping and marking services, and all other 8 appurtenant and associated work in accordance with the Contract Documents. Staff will work closely with neighborhood councils, businesses, and residents directly impacted to keep them informed when work is being done.

The notice inviting formal bids (NIFB) on the Project was published on April 20, 2023, and all bids were due and opened on May 9, 2023. The bid requested rates and costs on a variety of services for the purpose of evaluation. The low bidders rates will be documented in the agreement. The work will be issued through task orders and the contract will be for an amount not to exceed $1,000,000 during the five-year term. The City received the following pricing using a representative sample of bid items:

CHRISP COMPANY: $342,180.00
TORO ENTERPRISES, INC: $493,562.00
WGJ ENTERPRISES, INC., dba PCI: $776,660.00

The lowest bidder is Chrisp Company and its bid is responsive to the City’s NIFB. Following this determination, procurement staff reviewed all documentation received from Chrisp Company and verified possession of required currently valid licenses, reviewed the Federal Occupational Safety and Health Administration (OSHA) website for safety violations, and verified registration with the California Department of Industrial Relations (DIR). Based upon the available information and research performed to date, staff believes that the vendor is capable of satisfactorily completing the services. Streets Division does not possess a specialized striping truck to perform pavement line striping at this high volume. Additionally, assistance is needed to help with the large volume of striping required throughout the City and the current staff level approved for this Division. Staff recommends that the City Council award the contract to Chrisp Company.

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 Chrisp Company shall not exceed $1,000,000 over the five-year contract term. The On-Call Street Striping and Marking Services will be funded from the General Fund Streets Division (1013401-53200). There is sufficient funding available in the FY 2023-24 porposed budget to fund the estimated $200,000 in year one of the spending plan. Funding for subsequent fiscal years will be requested during the annual budget process.

Estimated Spending Plan
Fiscal Year FY 23-24 FY 24-25 FY 25-26 FY 26-27 FY 27-28 Total Streets Maintenance $200,000 $200,000 $200,000 $200,000 $200,000 $1,000,000

For Finance Use Only: General Fund (Org. 1013401, Obj. 53200)

Prepared by: Philip Schwieder, Streets Division Manager, Brian Yanez, Assistant Public Works Director

ATTACHMENTS
9 1. 32400005 Chrisp Company PW 23-91

2. Presentation

10 Agreement No. 32400005
1 CITY OF OXNARD CONTRACT FOR

ON-CALL STREET STRIPING AND MARKING SERVICES
SPECIFICATION NO. PW 23-91

THIS CONTRACT (“Contract”) is made and entered this 18th day of July, 2023 (“Effective Date”), by and between the CITY OF OXNARD, a California municipal corporation (“City”) and CHRISP COMPANY (“Contractor”). Contractor’s license number is 374600.

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

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

2. Scope of Services. Contractor shall perform all Tasks in a good and workmanlike manner for the project identified as On-Call Street Striping and Marking Services, Specification No. PW 23- 91 (“Project”), as described in this Contract and in the Contract Documents, throughout the Contract Term. The Bid Sheets from the Contractor’s Bid Response are attached hereto as “Exhibit A” and incorporated herein by this reference. The Special Provisions from the Contract Documents are attached hereto as “Exhibit B” and incorporated herein by this reference.

3. Compensation. In consideration of the 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 one million dollars ($1,000,000) during the Contract Term.

4. Contract Term. The Contract Term shall begin on the Effective Date and end five (5) years thereafter, unless sooner terminated pursuant to the Contract Documents.

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

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

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

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

7. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every 11 Agreement No. 32400005
2 employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

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

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

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

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

12. Counterparts. This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A signed copy of this Contract 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. 32400005
3 IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the first written above.

CITY OF OXNARD CHRISP COMPANY

☒ John C. Zaragoza, Mayor1 Date David Morris, Vice President 2 Date ☐ Purchasing Manager

Robert Bilotti, C.F.O. 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 formally bid public project agreement over $200,000. The Mayor may authorize and sign any informally bid public project agreement over $100,000 but up to $200,000. The Purchasing Manager may authorize and sign any informally bid public project agreement up to $100,000.

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

If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your Company. 13 Agreement No. 32400005
Ex. A 1

EXHIBIT A

14 Agreement No. 32400005
Ex. A 2
15 Agreement No. 32400005
Ex. A 3

16 Agreement No. 32400005
Ex. A 4

17 Agreement No. 32400005
Ex. A 5

18 Agreement No. 32400005
Ex. A 6

19 Agreement No. 32400005
Ex. A 7

20 Agreement No. 32400005
Ex. A 8

21 Agreement No. 32400005

EXHIBIT B
22 Agreement No. 32400005
Ex. B 1

EXHIBIT B

SPECIAL PROVISIONS

1000 GENERAL

1000-1 LOCATION AND DESCRIPTION OF WORK

The Work for the On-Call Street Striping and Marking Services Project shall consist of furnishing all materials, tools, equipment, traffic control, mobilization, demobilization, and labor required for installing traffic striping, pavement markings, and raised pavement markers, on an on-call basis in accordance with the State of California Standard Plans and Specifications, latest revision, MUTCD 2014, revision 7, and these Special Provisions including Appendix A – Caltrans Standard Plans.

Install traffic stripes and pavement markings in paint, thermoplastic or Methyl Methacrylate (MMA), per the detail and at the locations shown on the plan for each Task and in accordance with State of California Standard Specifications, latest edition, Department of Transportation, if provided.

Traffic stripes and pavement markings must be retroreflective.

Thermoplastic: Thermoplastic must comply with State Specification PTH-02SPRAY, PTH- 02HYDRO, or PTH-02ALKYD.

Paint: The paint for traffic stripes and pavement markings must comply with the specifications shown below:

Paint Specifications:

Paint Type Color Specification
Waterborne Traffic line White, yellow, and black CA Dept of Transportation
Specification PTWB-
01R21 dated June 2022
(see attached Appendix
B)
Acetone-based White, yellow, and black State Spec PT-150VOC (A)
Waterborne traffic line for
the international symbol
of accessibility and other
curb markings
Blue, red, and green Federal Specification TT-
P-1952E
2 Coat
The color of painted traffic stripes and pavement markings must comply with ASTM D6628. 23 Agreement No. 32400005
Ex. B 2
Colored pavement marking for bicycle lane must comply with the specifications shown below:

Paint Type Color Specification
Methyl Methacrylate
(MMA) resin system
Green State Spec AML
(Authorized Material List)
2022 SSP 84-2
Abrasion-resistant; anti-
skid surfacing

Application thickness: 25
to 60-mils, Mix ratio 98:2

2 Coat
Surface preparation and application per manufacturer’s specifications

All Work necessary to establish satisfactory lines for stripes and all layout Work required for pavement markings (surface cleaning, applying primer coat, etc.) shall be performed by the Contractor. Cost for these activities shall be included in the unit cost of each item.

Prior to removal of existing pavement striping, Contractor shall inventory all existing striping.

One (1) copy of the inventory shall be provided to the City Inspector prior to the start of Work.

Removal, handling, and disposal of yellow methyl methacrylate (MMA), yellow thermoplastic and yellow painted traffic stripe and pavement marking shall be performed in accordance with Section 14-11.12 of SSS, excluding paragraph 3.

Removal of all other methyl methacrylate (MMA), thermoplastic and painted stripe and pavement marking shall be accomplished using the grinding method. Grinding shall be smooth so as to not cut deep grooves in existing pavement and shall remove at least 98% of existing paint and/or thermoplastic markings. A coat of asphalt slurry shall be applied to ground pavement that is six months old or newer.

Removal of traffic stripes and pavement markings on Caltrans right of way shall be accomplished using wet sand blasting or Caltrans approved method.

Cat tracking shall consist of stretching a rope to make a straight line between control points on tangent alignment and on a true arc through control points on curved alignment and placing spots of paint along the rope. The spots shall not be more than 3 inches in width and not more than 5 feet apart on curves or 10 feet apart on tangents.

Dribble lines shall consist of marking the pavement with a thin line of paint using a striping machine or other suitable device. Dribble lines shall be on a straight line between control points on tangent alignment and on a true arc through control points on curved alignment.

Paint for cat tracks and dribble lines shall be the same color as the traffic stripe for which the markings are placed.

Laser guidance equipment shall be capable of maintaining the alignment of traffic stripes with an accuracy equivalent to, or better than, that obtainable through use of cat tracking or dribble lines, as determined by the City Engineer.

All cat tracking for all striping (lane lines, limit lines, crosswalks, and pavement markings) shall be reviewed and approved by the City Engineer prior to installing the final striping. 24 Agreement No. 32400005
Ex. B 3

Colored Pavement for Bicycle Lanes: Green colored pavement is approved for use in bicycle lanes in accordance with MUTCD Interim Approval 14 (IA-14), only to enhance the conspicuity of where bicyclists are required to operate, and areas of the bicycle lane where bicyclists and other roadway traffic might have potentially conflicting weaving or crossing movements.

The pattern of the green colored pavement may be in a manner matching the pattern of Caltrans Detail 39A; filling in only the areas directly between a pair of dotted line segments.

1000-2 PROTECTION

Newly painted / thermoplastic traffic stripes and pavement markings shall be protected from damage by public traffic or other causes until the material is thoroughly dry and able to be driven on without causing damage to the Work.

1000-3 DEFINITIONS

Traffic Stripe: Longitudinal centerline or lane line used for separating traffic lanes in the same direction of travel or in the opposing direction of travel or a longitudinal edge line marking the edge of the traveled way or the edge of a lane at a gore area separating traffic at an exit or entrance ramp. A traffic stripe is shown as a traffic line.

Pavement Marking: Transverse marking such as (1) a limit line, a stop line, and yield lines (2) a crosswalk, (3) a word, an arrow, a legend or symbol, a numeral, shoulder, parking stall, or railroad-grade-crossing marking.

1000-4 MEASUREMENT AND PAYMENT

Payment for performing the Work shall be made on the unit cost basis per the Bid Sheets.

The unit cost for all activities described in the Bid Sheets shall include full compensation for furnishing all labor, materials, tools, equipment, mobilization, demobilization, traffic control and all incidentals including all stencils and street marking legend cutouts to complete all the activities involved with the delivery of these services, and no additional payment will be made therefore.

Prior to starting Work, all Work will be pre-approved by a Task Order issued by the Project Manager specifying the total quantity of each item comprising the Work. Within two (2) Working Days of receiving the Task Order, Contractor must submit a schedule to the Project Manager.

The schedule must include a Work start date within thirty (30) days of issuance of the Task Order, and Work must be completed within sixty (60) Calendar Days of issuance of the Task Order. A separate invoice is required for each Task Order issued pursuant to the Contract.

When billing, the Contractor shall use the appropriate unit costs pursuant to the Contract, multiplied by the total quantities specified in the Task Order. For example, if the Task Order specifies installing 6,000 sf of thermoplastic pavement markings, the unit cost billed for that item shall be as stated in the Contract’s 5,001 to 9,000 SF quantity range for thermoplastic pavement markings. Additionally, when Work is billed in progress payments, the unit cost for each item 25 Agreement No. 32400005
Ex. B 4
billed on each invoice shall reflect the unit cost for the total quantity of that item as specified in the Task Order, rather than using the unit cost of work completed to date.

Contractor shall only invoice for time spent at the locations of service. The City shall not pay for time spent on route or traveling to acquire parts or supplies unless approved by the Project Manager and included in the Task Order.

1000-5 SPECIFICATIONS FOR TRAFFIC CONTROL, PUBLIC CONVENIENCE, & SAFETY

The Contractor shall provide for the protection of the public all necessary barricades, traffic cones, warning signs, flagmen, lights, and other safety devices in accordance with State of California Standard Specifications, latest edition, Department of Transportation and the current requirements set forth in the California Manual of Uniform Traffic Control Devices (CA MUTCD) 2014 revision 7, published by the Department of Transportation, State of California. Traffic control plans must be approved by City prior to beginning construction.

Approach speed of public traffic
(Posted Limit Miles Per Hour)
Work Areas
Over 45 Within 6 feet of the traffic lane
but not on a traffic lane.
35 to 45 Within 3 feet of a traffic lane but
not on a traffic lane

When traffic cones or delineators are used to delineate a temporary edge of traffic lane, the line of cones or delineators shall be considered to be the edge of traffic lane, however, the Contractor shall not reduce the width of an existing lane to less than 10 feet without written approval from the City Engineer. The lane closure provisions of this section shall not apply if the work area is protected by permanent or temporary railing or barrier.

The Contractor shall furnish the Oxnard Police Department with the written names and phone numbers of personnel to be contacted after hours for hazardous conditions to traffic that may require additional protective measures. Failure to respond to reasonable request for additional nighttime protection to traffic will result in the City causing the Work to be performed by others and costs withheld from moneys due. All traffic control devices shall meet the standards and be placed in accordance with the California State Manual of Traffic Controls for Construction and Maintenance Work Zones.

Traffic control devices not placed in accordance with approved plans shall be cause to stop construction by a City Inspector. All warning devices used during hours of darkness shall be reflectorized. All damaged traffic control devices shall be replaced in kind or better at the Contractor’s expense.

26 Agreement No. 32400005
Ex. INS-D1
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 shall be sent via email. If you have not received your request or are having difficulty with 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 and shall be endorsed to state that coverage may not be suspended, voided, canceled by either party, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.

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

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

6. Any deductibles or self-insured retentions must be declared to and approved by the Risk Manager. 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.
27 Agreement No. 32400005
Ex. INS-D2

INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS

Certificates of Insurance

The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample.

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

Endorsement Forms

Original endorsements are required for general liability and automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that you use the endorsement forms which are attached.

Substitute forms will be accepted, however, as long as they include provisions comparable to the attached.

28 Agreement No. 32400005
Ex. INS-D3
SAMPLE

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

PRODUCER

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

CODE SUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE INSURED COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE COMPANY

LETTER B COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR

TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY)

POLICY EXPIRATION DATE (MM/DD/YY)
LIMITS
A GENERAL LIABILITY [x] COMMERCIAL GENERAL LIABILITY [x] CLAIMS MADE [x] OCCUR. [x] OWNER'S & CONTRACTOR'S PROT.

GENERAL AGGREGATE $1,000,000
PRODUCTS COMP/OP AGG. $1,000,000
PERSONAL & ADV. INJURY $1,000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $
A AUTOMOBILE LIABILITY [x] ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY

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

A EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM

EACH OCCURRENCE $
AGGREGATE $

A WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY

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

A OTHER
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

CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 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

29 Agreement No. 32400005
Ex. INS-D4

GENERAL LIABILITY SPECIAL ENDORSEMENT FOR THE CITY OF OXNARD (the “City”) SUBMIT IN DUPLICATE ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE  Included in Limits
 In Addition to Limits
Telephone:  Deductible  Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage.  Per Occurrence  Per Claim (which)

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

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

 Claims Made
Retroactive Date
 Occurrence

OTHER PROVISIONS

COVERAGES
LIABILITY LIMITS IN THOUSANDS $

EACH OCCURRENCE

AGGREGATE
 GENERAL
 PRODUCTS/COMPLETED OPERATIONS
 PERSONAL & ADVERTISING INJURY
 FIRE DAMAGE


Underwriter=s representative for claims pursuant to this insurance.

CLAIMS:

Name:

Address:

Telephone: ( )

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

1) INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured. 2) CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it. 3) SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability.

The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4) CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City. 5) PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers. 6) SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a) Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or b) If excess, affords coverage which is at least as broad as the primary insurance form CG0001.

Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached. ENDORSEMENT HOLDER

CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 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

SAMPLE
30 Agreement No. 32400005
Ex. INS-D5
AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT FOR THE CITY OF OXNARD (the “City”) SUBMIT IN DUPLICATE ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER
POLICY INFORMATION:

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE  Included in Limits
 In Addition to Limits
Telephone:  Deductible  Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage.  Per Occurrence  Per Claim (which)

NAMED INSURED

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

CITY AGREEMENTS/PERMITS

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

Name:

Address:

Telephone: ( )

$ per accident, for bodily injury and property damage.

In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1) INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured. 2) CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it. 3) SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4) CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City. 5) PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers. 6) SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a) Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or b) If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).

Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.

ENDORSEMENT HOLDER CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 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

SAMPLE
31 Agreement No. 32400005

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 CHRISP COMPANY, 43650 OSGOOD RD, FREMONT, CA 94539 (“Principal”) (Name and address of Contractor)
a contract (the “Contract”) for the Work described as ON-CALL STREET STRIPING AND MARKING SERVICES , Specification No. PW 23-91 (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 One Million Dollars ($ 1,000,000), this amount being not less than one 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 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 32 Agreement No. 32400005

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”

CHRISP COMPANY
43650 OSGOOD ROAD
FREMONT, CA 94539

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 the Bond must not be before the Contract’s Effective Date. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California.

33 Agreement No. 32400005

Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Oxnard (“Agency”), has awarded to
CHRISP COMPANY, 43650 OSGOOD RD, FREMONT, CA 94539 (“Principal”) (Name and address of Contractor)
a contract (the “Contract”) for the Work described as ON-CALL STREET STRIPING AND MARKING SERVICES , Specification No. PW 23-91 (the “Project”).

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

NOW, THEREFORE, we, the undersigned Principal, and

,
(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Agency in the penal sum of One Million Dollars ($ 1,000,000), this amount being not less than one 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, statutes of repose and laches as they may apply to an action on this Bond.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, including all incorporated documents, or of the Work to be performed under any Task Order shall in any way affect the Surety’s obligations under this Bond. The Surety hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract or to 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.
34 Agreement No. 32400005

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”

CHRISP COMPANY
43650 OSGOOD ROAD
FREMONT, CA 94539

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.
35 Public Project Agreement with Chrisp
Company for On-Call Street Striping and
Marking Services, Specification No. PW 23-91
Public Works and Transportation Committee, June 27, 2023 City Council, July 18, 2023
Philip Schwieder
Maintenance & Operations Superintendent
36 That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute Agreement 32400005 with Chrisp Company in the amount not to exceed $1,000,000 for a five-year term for On-Call Street Striping and Marking Services.

RECOMMENDATION 2
37 That the City Council approve and authorize the Mayor to execute Agreement 32400005 with Chrisp Company in the amount not to exceed $1,000,000 for a five-year term for On-Call Street Striping and Marking Services.

RECOMMENDATION 3
38 • The Streets Division maintains over 1,034 lane-miles of streets and roadways, which include approximately 1.8 million square feet of white and yellow pavement markings
• The scope of this project includes restriping, replacing, and installing new pavement markings on an on-needed basis
BACKGROUND 4
39 When performing pavement line striping-type work, it requires a specialized striping truck to perform a high volume of productivity and use of materials when applying miles of line striping paint per day. Streets Division does not possess this type of striping truck.

BACKGROUND 5
40 BACKGROUND 6
Striping and Marking Services are used to show turns, stops and yield lines, approaching warnings, bike lanes, and crosswalks. 41 • The notice inviting formal bids (NIFB) on the Project was published on April 20, 2023. All bids were due and opened on May 9, 2023.
• The City received the following pricing using a representative sample of bid items; Chrisp Company was the lowest bidder and its bid is responsive to the City’s NIFB.

DISCUSSION 7
Bidder Bid Amount
Chrisp Company $342,180.00
Toro Enterprises, Inc. $493,562.00
WGJ Enterprises, Inc., dba PCI $776,660.00
42 • This Agreement will be funded from available appropriations from the General Fund Streets Division
• The annual spending plan is $200,000 starting July 1, 2023 • Funding for subsequent fiscal years will be requested during the annual budget process
FINANCIAL IMPACT 8
Estimated Spending Plan
Fiscal Year FY 23-24 FY 24-25 FY 25-26 FY 26-27 FY 27-28 Total Streets
Maintenance $200,000 $200,000 $200,000 $200,000 $200,000 $1,000,000 43 QUESTIONS
9 44

PUBLIC WORKS AND TRANSPORTATION COMMITTEE

AGENDA REPORT

REPORTS
AGENDA ITEM NO. D.2

DATE: June 27, 2023

TO: Public Works and Transportation Committee

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

SUBJECT: Third Amendment to Lease Agreement A-5300 with Cingular Wireless. (10 minutes)

RECOMMENDATION

That the Public Works and Transportation Committee recommend that the City Council approve the Third Amendment to Revenue Lease Agreement A-5300 with Cingular Wireless.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/6EHYqTBxjc4

BACKGROUND

On November 19, 1996, the City of Oxnard (Landlord) entered into Lease Agreement A-5300 (Agreement) with Cingular Wireless (Tenant) for the installation, maintenance, and use of a rooftop antenna located at 300 West Third Street, Oxnard, CA. The original term was for 5 years and seven 3 year extensions at a lease rate of $1,700 per month.

The Agreement was first amended on August 1, 2006. The First Amendment increased the lease rate to $2,500 per month.

The Agreement was amended again on April 1, 2015. The Second Amendment clarified the language of the original Agreement by granting rooftop access to the Tenant 24 hours a day and 7 days a week with a minimum of 45 minutes’ notice.

DISCUSSION

This Agreement expired on November 30, 2022. However, both parties agreed to continue on a “month-to- month” basis while developing this Third Amendment.

The Third Amendment extends the Agreement for 5 more years and has an option to extend another 5 years, commencing on April 30, 2028, and expiring on May 1, 2033. The Tenant may choose to not continue the 5- year option term provided they submit a notification in writing to the City at least sixty (60) days prior to April 30, 2028. All other conditions for termination remain in effect per the original 1996 Agreement.

City staff negotiated a better lease rate to be part of the amendment. This Amendment will increase the rate to $3,535.73 per month and has an annual inflator of 3% during the term of this Amendment.

45 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

This Amendment increases the monthly lease to $3,535.73 starting May 1, 2023. The monthly payments for May and June will be billed if the Third Amendment is approved by the City Council. Each December thereafter, the monthly lease payments will increase by 3% per year.

The revenue from this Agreement is collected in the Facilities Maintenance Fund (7353740-43300).

Prepared by: Steve Howlett, Assistant Public Works Director

ATTACHMENTS

1. 10086895_3rd Amdt_AT&T Signed

2. A-5300 Original, 1st and 2nd Amendments

3. Lease Site Image 1

4. Lease Site Image 2

5. Presentation

46 Cell Site No. SBOV37
Cell Site Name: SBOV37-01 CENTRAL OXNARD
Fixed Asset No. 10086895
Market: Los Angeles
Address: 300 West Third Street, Oxnard, CA 93030

Agreement No. A-5300

THIRD AMENDMENT TO OPTION AND ROOFTOP LEASE AGREEMENT

THIS THIRD AMENDMENT TO OPTION AND ROOFTOP LEASE AGREEMENT (“Third Amendment”), dated as of the latter of the signature dates below (the “Effective Date”), is by and between the City of Oxnard, a municipal corporation, having a mailing address of 305 West Third Street, Oxnard, CA 93030 (hereinafter referred to as “ Landlord”), and New Cingular Wireless PCS, LLC, a Delaware limited liability company, as successor-in-interest to AT&T Wireless Services of California, Inc., a Delaware corporation, having a mailing address of 1025 Lenox Park Boulevard NE, 3rd Floor, Atlanta, GA 30319 (hereinafter referred to as “Tenant”).

WHEREAS, Landlord and Tenant (or its predecessor -in-interest) entered into an Option and Rooftop Lease Agreement dated November 19, 1996, as amended by the First Amendment to Option and Rooftop Lease Agreement dated August 1, 2006, and the Second Amendment to Option and Rooftop Lease Agreement dated April 1, 2015 (hereinafter, collectively referred to as the “ Agreement”), whereby Landlord leased to Tenant certain Premises, therein described, that are a portion of the Property located at 300 West Third Street, Oxnard, CA 93030; and

WHEREAS, the Agreement expired on November 30, 2022, however the parties are performing under this Agreement on a month to month basis, and mutually desire to amend the Agreement, memorialize such renewal period and modify certain terms and conditions as stated herein; and

WHEREAS, the parties desire to amend the Agreement to extend the term of the Agreement; and

WHEREAS, the parties desire to amend the Agreement to modify the notice section of the Agreement; and

WHEREAS, the parties desire to amend the Agreement to modify the R ent section of the Agreement; and

WHEREAS, the parties agree the following sections from the Agreement are still in effect and incorporated into this Amendment as though fully set forth herein: 1996 Agreement Sections (B)(6), (B)(8) through 17, (B)(19) through (23), (B)(25) and (B)(27); 2006 First Amendment Sections, 1, 2, and 5 through 9; 2015 Second Amendment Section 1; and

WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Agreement as set forth below accordingly.

NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree that the recitals set forth above are incorporated herein as if set forth in their entirety an d further agree as follows:

1. New Lease Term. The term of the Agreement shall be amended to provide that the Agreement has a new term of five (5) years (“New Term”) commencing on May 1, 2023.

47 Cell Site No. SBOV37
Cell Site Name: SBOV37-01 CENTRAL OXNARD
Fixed Asset No. 10086895
Market: Los Angeles
Address: 300 West Third Street, Oxnard, CA 93030

Agreement No. A-5300

2. OptionTerm. C ommencing on April 30, 2028, Tenant is granted one five (5) year option term (“Additional Renewal Term”), upon the same terms and conditions of the Agreement, as amended herein, unless Tenant notifies Landlord in writing of Tenant’s intention not to renew the Agreement at least sixty (60) days prior to the expiration of the new lease term in section 1 of this amendment. .

3. Rent. Commencing on December 1, 2022, the Rent payable under the Agreement shal l be Three Thousand Five Hundred Thirty-Five and 73/100 Dollars ($3,535.73) per month and shall continue during the New Term, subject to adjustment as provided herein. Parties reserve the right to renegotiate the R ent if the parties agree to exercise an Additional Renewal Term.

4. Future Rent Increase. Commencing on December 1, 2023, and on each subsequent December 1 thereafter throughout the New Term or Additional Renewal Term, Rent shall increase by three percent (3.0%) over the Rent paid during the previous year.

5. Relocation of Antenna Facilities. Notwithstanding any language in the Agreement to the contrary, if Landlord determines it necessary to relocate the Antenna Facilities due to repairs (including seismic repairs) or because the Premises are being demolished, Tenant has the option to relocate its Antenna Facilities to another building on Landlord-owned property, located no further than three (3) blocks from the existing Premises (“Relocation Premises”), so long as the Relocation Premises is str ucturally and technologically compatible with the Tenant’s communications operations. Landlord shall have the right to require Tenant to relocate the Antenna Facilities during the new lease term and/or the option term upon 24 months’ notice to tenant. Landlord‘s right to require Tenant’s relocation of the Antenna Facilities is limited to a single request during the new lease term or option term, subject to the following provisions:

(a) All reasonable costs and expenses associated with or arising out of such relocation (including costs associated with any required tests of the Relocation Premises) shall be paid by Tenant; (b) Such relocation will be performed exclusively by Tenant or its agents; (c) Such relocation will not unreasonably result in any interruption of the communications service of Tenant on the Property;
(d) Such relocation will not impair, or in any manner alter, the quality of communications service provided by Tenant on and from the Property; and
(e) Landlord will waive all fees associated with Governmental Approvals for the Relocation Premises.

Unless a state of emergency is declared at the state or federal level that includes the City of Oxnard because of earthquake damage, Landlord shall provide Tenant with a minimum of twelve (12) months’ notice of the need to relocate Tenant’s Antenna Facilities to a new location and Tenant shall relocate its Antenna Facilities, in good faith and will use its commercially reasonable efforts to relocate within th at time frame.

Should Landlord and Tenant not come to a mutual agreement on the Relocation Premises within sixty (60) days of Tenant’s receipt of Landlord’s relocation notice, the Agreement may be terminated by either party, without penalty. Upon receiving notice by Landlord requiring relocation of the Antenna Facilities to the Relocation Premises, Tenant shall have the right to place a temporary cell site on wheels (“COW”) on the Property upon removal of the existing facility and during the twelve (12) month notice period, and for up to six (6) months after, at a mutually acceptable location so that Tenant can continue to provide communications service from such location. Landlord agrees to respond in good faith to a request to extend this period upon a showing of good cause and active construction of a replacement facility on Landlord’s property.

48 Cell Site No. SBOV37
Cell Site Name: SBOV37-01 CENTRAL OXNARD
Fixed Asset No. 10086895
Market: Los Angeles
Address: 300 West Third Street, Oxnard, CA 93030

Agreement No. A-5300

6. Acknowledgement. Landlord acknowledges that: 1) this Third Amendment is entered into of the Landlord’s free will and volition; 2) Landlord has read and unde rstands this Third Amendment and the underlying Agreement and, prior to execution of this Third Amendment, was free to consult with counsel of its choosing regarding Landlord’s decision to enter into this Third Amendment and to have counsel review the terms and conditions of this Third Amendment; 3) Landlord has been advised and is informed that should Landlord not enter into this Third Amendment, the underlying Agreement between Landlord and Tenant, including any termination or non-renewal provision therein, would remain in full force and effect.

7. Notices. Section 18 of the Agreement is hereby deleted in its entirety and replaced with the following:

NOTICES: All notices, requests, demands and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows:

If to Tenant:

New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration
Re: Cell Site No.: SBOV37; Cell Site Name: SBOV37-01 CENTRAL OXFORD (CA) Fixed Asset No.: 10086895
1025 Lenox Park Boulevard NE 3rd Floor
Atlanta, GA 30319

With a required copy of the notice sent to:

New Cingular Wireless PCS, LLC
Attn: Legal Department- Network Counsel
Re: Cell Site No.: SBOV37; Cell Site Name: SBOV37-01 CENTRAL OXFORD (CA) Fixed Asset No.: 10086895
208 South Akard Street
Dallas, TX 75202-4206

The copy sent to the Legal Department is an administrative step which alone does not constitute legal notice.

As to Landlord:

City of Oxnard
305 West Third Street
Oxnard, CA 93030

Either party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as provided herein.

8. Charges. All charges payable under the Agreement such as utilities and taxes shall be billed by Landlord within one (1) year from the end of the calendar year in which the charges w ere incurred; any charges beyond such period shall not be billed by Landlord, and shall not be payable by Tenant. The foregoing shall not apply to monthly Rent which is due and payable without a requirement that it be billed by Landlord. The provisions of this subsection shall survive the termination or expiration of the Agreement.

9. Other Terms and Conditions Remain. In the event of any inconsistencies between the Agreement and this Third Amendment, the terms of this Third Amendment shall control. Except as 49 Cell Site No. SBOV37
Cell Site Name: SBOV37-01 CENTRAL OXNARD
Fixed Asset No. 10086895
Market: Los Angeles
Address: 300 West Third Street, Oxnard, CA 93030

Agreement No. A-5300

expressly set forth in this Third Amendment, the Agreement otherwise is unmodified and remains in full force and effect. Each reference in the Agreement to itself shall be deemed also to refer to this Third Amendment. The original 1996 Agreement and subsequent amendments are attached to this Third Amendment in Exhibit 1.

10. Exhibit 2. A Memorandum of Third Amendment to the Lease is attached as Exhibit 2 and is not intended to amend or modify the Agreement or Third Amendment. It is limited to the sole purpose of for recording a fixed asset with the applicable County Recorder’s Office.

11. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Agreement.

[SIGNATURES APPEAR ON THE NEXT PAGE]
50 51
Cell Site No. SBOV37
Cell Site Name: SBOV37-01 CENTRAL OXNARD
Fixed Asset No. 10086895
Market: Los Angeles
Address: 300 West Third Street, Oxnard, CA 93030

Agreement No. A-5300

LANDLORD ACKNOWLEDGMENT

State of California
County of )

On before me,
(insert name and title of the officer)

personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
52 53
54 EXHIBIT 1

1996 ROOFTOP LEASE AND OPTION
AGREEMENT; 2006 FIRST AMENDMENT
TO ROOFTOP LEASE: SECOND

AMENDMENT TO ROOFTOP LEASE

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EXHIBIT 2
Recording Document Entitled
“Memorandum of Third Amendment to
Lease”
91 Recording Requested By
& When Recorded Return To:

Black Dot Wireless
23456 Madero, Suite 210
Mission Viejo, CA 92691

(Space Above This Line For Recorder’s Use Only)

Re: Cell Site No. SBOV37
Cell Site Name: SBOV37-01 CENTRAL OXNARD (CA)
Fixed Asset Number: 10086895
State: California
County: Ventura

MEMORANDUM
OF

THIRD AMENDMENT TO LEASE

This Memorandum of Third Amendment to Lease (hereinafter referred to as the “ Memorandum”) is entered into on this day of , 2023, by and between the City of Oxnard, a municipal corporation, having a mailing address at 305 West Third Street, Oxnard, CA 93030 (hereinafter referred to as “Landlord”) and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 1025 Lenox Park Boulevard NE, 3rd Floor, Atlanta, GA 30319 (hereinafter referred to as “Tenant”).

1. Landlord and Tenant (or its predecessor -in-interest) entered into a certain an Option and Rooftop Lease Agreement dated November 19, 1996, as amended by the First Amendment to Option and Rooftop Lease Agreement dated August 1, 2006, the Second Amendment to Option and Rooftop Lease Agreement dated April 1, 2015, and that certain Third Amendment to Option and Rooftop Lease Agreement dated , 2023 (hereinafter, collectively referred to as the “Agreement”) for the purpose of installing, operating and maintaining a communications facility and other improvements at Landlord’s real property located at 300 West Third Street, Oxnard, CA 93030. All of the foregoing is set forth in the Agreement. A Memorandum of Rooftop Lease was recorded November 22, 2006 as Document No. 96- 160718 in the Official Records of Ventura County.
92 2. The term of the Agreement initially commenced November 20, 1996 and the parties agree to further extend the term of the Agreement for a new initial lease term of five (5) years commencing on May 1, 2023, with one (1) successive five (5) year option to renew.

3. The portion of the land being leased to Tenant (the “Premises”) is described in Exhibit 1 annexed hereto.

4. This Memorandum is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions or provisions of the Agreement, all of which are hereby ratified and affirmed. In the event of a conflict between the provisions of this Memorandum and the provisions of the Agreement, the provisions of the Agreement shall control.

The Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns, subject to the provisions of the Agreement.

[SIGNATURES APPEAR ON THE NEXT PAGE]
93 94

LANDLORD ACKNOWLEDGMENT

State of California
County of )

On before me,
(insert name and title of the officer)

personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
95 96

EXHIBIT 1

DESCRIPTION OF PREMISES

to the Memorandum of Third Amendment to Lease dated , 2023, by and between the City of Oxnard, a municipal corporation, as Landlord, and New Cingular Wireless PCS, LLC, a Delaware limited liability company, as Tenant.

The Premises are a portion of the Property located at 300 West Third Street, Oxnard, CA 93030 and legally described and/or depicted as follows:

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Third Amendment to Revenue Lease
Agreement A-5300 with Cingular Wireless
Public Works & Transportation Committee
June 27, 2023
Steve Howlett
Assistant Public Works Director
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That the Public Works & Transportation Committee recommend that the City Council approve the Third Amendment to revenue Lease Agreement A-5300 with Cingular Wireless.

RECOMMENDATION
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• On November 19, 1996, the City of Oxnard (Landlord) entered into Lease Agreement A-5300 (Agreement) with Cingular
Wireless (Tenant) for the installation, maintenance, and use of a rooftop antenna located at 300 West Third Street, Oxnard, CA. • The original term was for 5 years and seven 3 year extensions at a lease rate of $1,700 per month.
• The Agreement was first amended on August 1, 2006. The First Amendment increased the lease rate to $2,500 per month. • The Agreement was amended again on April 1, 2015. The Second Amendment clarified the language of the original Agreement by granting rooftop access to the Tenant 24 hours a day and 7 days a week with a minimum of 45 minutes’ notice.

BACKGROUND
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• This Agreement expired on November 30, 2022. However, both parties agreed to continue on a “month-to month” basis while developing this Third Amendment.
• The Third Amendment extends the Agreement for 5 more
years and has an option to extend another 5 years,
commencing on April 30, 2028 and expiring on May 1, 2033.

The Tenant may choose to not continue the 5 year option term provided they submit notification in writing to the City at least sixty (60) days prior to April 30, 2028. All other conditions for termination remain in effect per the original 1996 Agreement.

DISCUSSION
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• City staff negotiated a better lease rate to be part of the amendment. This Amendment will increase the rate to
$3,535.73 per month and has an annual inflator of 3% during the term of this Amendment.

DISCUSSION
5 159

DISCUSSION
6 Cell tower location
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• This Amendment increases the monthly lease to $3,535.73 starting May 1, 2023. The monthly payments for May and
June will be billed if the Third Amendment is approved by the City Council.
• Each December thereafter, the monthly lease payments will increase by 3% per year.
• The revenue from this Agreement is collected in the
Facilities Maintenance Fund.

FINANCIAL IMPACT
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