Agenda packet — Oxnard City Council, September 5, 2023 (part 2 of 2)

VENTURA COUNTY STORMWATER PERMIT IMPLEMENTATION

AND COST-SHARING AGREEMENT
This "AGREEMENT" is made and entered into by and between the County of Ventura (the "COUNTY"), the Ventura County Watershed Protection District (the "DISTRICT"), and the Cities of Camarillo, Fillmore, Moorpark, Ojai, Oxnard, Port Hueneme, San Buenaventura, Santa Paula, Simi Valley and Thousand Oaks (individually, a "CITY" and collectively, the "CITIES").

Hereinafter, the COUNTY, the DISTRICT, a CITY, and the CITIES may be referred to individually as a "PARTY" and collectively as the "PARTIES".

RECITALS
WHEREAS, Congress in 1987 amended Section 402 of the Federal Clean Water Act [33 U.S.C.A. 1342(p)] to require the federal Environmental Protection Agency ("EPA") to promulgate regulations for stormwater discharges; and
WHEREAS, the EPA regulations require a National Pollutant Discharge Elimination System (“NPDES”) permit for the discharge of stormwater into waters of the United States; and WHEREAS, the PARTIES each own and operate a municipal separate storm sewer system(s) ("MS4") that discharge stormwater and urban runoff into waters of the United States; and
WHEREAS, in 1992, the PARTIES jointly filed an application with the Los Angeles Regional Water Quality Control Board ("REGIONAL BOARD"), the state agency responsible for regulating water quality in Ventura County, for a NPDES permit covering their MS4s and stormwater discharges; and
WHEREAS, the REGIONAL BOARD in 1994 adopted Order No. 94-082, which regulated the PARTIES' MS4s and stormwater discharges; and
WHEREAS, the REGIONAL BOARD in 2000 replaced Order No. 94-082 with Order No. 00-108; and
WHEREAS, the REGIONAL BOARD on May 7, 2009 replaced Order No. 00-108 with Order No. 09-0057; and
WHEREAS, the REGIONAL BOARD on July 8, 2010 adopted Order No. 2010-0108, which replaced Order No. 09-0057, designated the PARTIES as “Co-Permittees”, and designated the DISTRICT as the “Principal Permittee”; and
WHEREAS, the REGIONAL BOARD on July 23, 2021 adopted Order No. R4-2021-0105 ("PERMIT"), which replaced Order No. 2010-0108, designates the PARTIES as “Co-Permittees”, and removes the designation of “Principal Permittee”; and WHEREAS, the Ventura County Watershed Protection District Act ("ACT") establishes the Ventura County Watershed Protection District Benefit Assessment Program ("BA PROGRAM"), which provides the DISTRICT the authority to levy and collect assessments on Agreement A-8537
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taxable real property to pay the costs and expenses of, among other things, stormwater control and preservation that is a common benefit to Ventura County; and WHEREAS, since 1992, the PARTIES have entered into a series of agreements ("IMPLEMENTATION AGREEMENT") that set forth their responsibilities to develop, implement, and fund the Ventura Countywide Stormwater Quality Management Program ("COUNTYWIDE PROGRAM"), an integrated stormwater discharge management program to comply with EPA and REGIONAL BOARD permits and regulations governing their MS4s and stormwater discharges and protecting and improving water quality in Ventura County; and WHEREAS, the IMPLEMENTATION AGREEMENT provides for the DISTRICT's collection of assessments on behalf of the PARTIES to fund the COUNTYWIDE PROGRAM through the BA PROGRAM; and
WHEREAS, the PARTIES have approved extensions of the IMPLEMENTATION AGREEMENT in order to provide for the ongoing administration and annual funding of the COUNTYWIDE PROGRAM; and
WHEREAS, the current IMPLEMENTATION AGREEMENT expires on September 11, 2023; and
WHEREAS, the PARTIES recognize that their continued cooperation to administer and fund the COUNTYWIDE PROGRAM is an integral part of ensuring their collective compliance with the PERMIT and thus is in their mutual best interests; and WHEREAS, given the July 2021 adoption of the PERMIT, the PARTIES desire to update the IMPLEMENTATION AGREEMENT as provided in this AGREEMENT to set forth their responsibilities for ongoing administration and continued funding of the COUNTYWIDE PROGRAM.

NOW, THEREFORE, the PARTIES agree as follows:

1. PURPOSE
A. This AGREEMENT is intended to establish the PARTIES' roles and responsibilities to administer and fund the COUNTYWIDE PROGRAM.

B. The PARTIES' roles and responsibilities to implement, administer, and fund any PERMIT compliance activities other than the COUNTYWIDE PROGRAM may be memorialized in separate agreements as needed.

2. MANAGEMENT COMMITTEE
A. There is established a Ventura County Stormwater Permit Management Committee ("MANAGEMENT COMMITTEE"), consisting of 12 members with one member representing each PARTY. PARTY representatives shall be appointed by either the legislative body or the public works director of each PARTY. All PARTY representatives appointed to serve on the MANAGEMENT COMMITTEE shall be senior level managers or staff.

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B. The MANAGEMENT COMMITTEE's primary objective is to review and direct the administration and funding of the COUNTYWIDE PROGRAM to assist with the PARTIES' compliance with the PERMIT. In this capacity, the MANAGEMENT COMMITTEE is responsible for directing, reviewing, and approving COUNTYWIDE PROGRAM work and budgets, including but not limited to those related to tasks and functions set forth in Appendix A, attached hereto and incorporated herein by this reference.

C. The MANAGEMENT COMMITTEE shall meet as needed but not less than quarterly.

D. The MANAGEMENT COMMITTEE will be chaired by the DISTRICT representative.

E. Each member of the MANAGEMENT COMMITTEE will have one vote for any motion. All budgetary motions must be approved by a 2/3 vote of the MANAGEMENT COMMITTEE (8 of 12), and any non-budgetary motion must be approved by majority vote (7 of 12).

F. In addition to the COUNTYWIDE PROGRAM, the MANAGEMENT COMMITTEE shall be responsible for directing and reviewing the activities, work, and budgets of any subcommittee, including but not limited to the BA PROGRAM.

3. DIRECTORS COMMITTEE
A. There is also established a Public Works Directors Committee ("DIRECTORS COMMITTEE"). The DIRECTORS COMMITTEE is composed of 12 members, consisting of the public works director of each CITY, the public works director of the COUNTY, and the director of the DISTRICT (collectively, "DIRECTORS").

B. The primary purpose and function of the DIRECTORS COMMITTEE is to hear and decide appeals of MANAGEMENT COMMITTEE actions and decisions.

4. COUNTYWIDE PROGRAM; ADMINISTRATION
A. Responsibility to Implement
i. The DISTRICT will implement and administer the COUNTYWIDE PROGRAM, which includes but is not necessarily limited to the activities and work set forth in Appendix A.
ii. The DISTRICT will retain all COUNTYWIDE PROGRAM- and PERMITrelated documents and records for no less than five (5) years and will provide copies of said records to any PARTY who requests them, and thereafter may dispose of such documents and records according to the DISTRICT's document retention policy, as may be amended from time to time. The PARTIES acknowledge that the Public Records Act (Gov. Code, § 7920.000 et seq.) applies to each of them, and the DISTRICT will respond to requests for records from any PARTY, the REGIONAL BOARD, the EPA, or the public consistent with the requirements of the Public Records Act.

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B. Responsibility to Fund
i. The PARTIES acknowledge that each of them is responsible to fund a portion of the budget for the performance of activities necessary to comply with the PERMIT and, by pooling their resources to implement and administer the COUNTYWIDE PROGRAM, each PARTY receives the benefit of better coordination and cost sharing for PERMIT compliance.
ii. COUNTYWIDE PROGRAM activities and work will be paid for by the DISTRICT with funds from the PARTIES. In accordance with this Section 4(B), the DISTRICT may use funds from the BA PROGRAM, funds to be deducted from the BA PROGRAM, or payments made directly by the PARTIES to fund COUNTYWIDE PROGRAM activities and work.
iii. The DISTRICT will pay 50% of the annual costs of the COUNTYWIDE PROGRAM, following adoption of a final annual budget by the MANAGEMENT COMMITTEE pursuant to Section 5(A).
iv. Collectively, the COUNTY and the CITIES will pay 50% of the annual costs of the COUNTYWIDE PROGRAM activities set forth in Appendix A, following adoption of a final annual budget by the MANAGEMENT COMMITTEE pursuant to Section 5(A). Individually, the COUNTY and each CITY will pay an amount of the annual costs they are collectively responsible for based on the proportional rate that each of them is assigned under the BA PROGRAM for the final annual budget adopted by the MANAGEMENT COMMITTEE pursuant to Section 5(A).

5. COUNTYWIDE PROGRAM; BUDGET AND FUNDING
A. By February 1 of each year, the DISTRICT will prepare and submit to the MANAGEMENT COMMITTEE a projected annual budget for the following fiscal year's administration of the COUNTYWIDE PROGRAM. The projected annual budget will include, but not be limited to, estimates for labor and fixed costs for COUNTYWIDE PROGRAM activities and work. The MANAGEMENT COMMITTEE shall review and discuss changes to the projected annual budget and thereafter approve a final annual budget prior to the start of the next fiscal year (July 1).

B. The DISTRICT will annually collect benefit assessments through the BA PROGRAM to be used to fund the COUNTYWIDE PROGRAM. By September 1 of each year, the DISTRICT shall notify the PARTIES of the assessments collected on their behalf via the BA PROGRAM during the prior fiscal year.

C. By October 1 of each year, the DISTRICT will apply the assessments collected via the BA PROGRAM during the prior fiscal year to satisfy the PARTIES' responsibility to fund the COUNTYWIDE PROGRAM unless a PARTY notifies the DISTRICT in writing by September 1 to return the BA PROGRAM assessments collected by the DISTRICT.

D. If, in any fiscal year, the DISTRICT collects assessments via the BA PROGRAM less than a PARTY's responsibility to fund the COUNTYWIDE PROGRAM, then the DISTRICT will invoice the PARTY for the balance of its responsibility to fund the COUNTYWIDE PROGRAM. Alternatively, if, in any fiscal year, the DISTRICT collects assessments via the BA Agreement A-8537
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PROGRAM more than a PARTY's responsibility to fund the COUNTYWIDE PROGRAM, then the DISTRICT will refund to the PARTY the difference between the BA PROGRAM assessments collected and the PARTY's responsibility to fund the COUNTYWIDE PROGRAM.

E. By September 1 of each year, the DISTRICT will prepare and provide to the MANAGEMENT COMMITTEE a report that reconciles COUNTYWIDE PROGRAM costs and expenditures against the annual budget approved by the MANAGEMENT COMMITTEE for the previous fiscal year.

F. The PARTIES, through the MANAGEMENT COMMITTEE, will work to identify and evaluate programs and opportunities to secure additional funding to implement programs and projects to satisfy their individual and collective compliance obligations under the PERMIT.

G. In the event additional funding is obtained for administration of the COUNTYWIDE PROGRAM, the PARTIES will, at a minimum, meet to determine whether the additional funding may be used to reduce the annual cost(s) of the COUNTYWIDE PROGRAM and/or each PARTY's annual responsibility to fund the COUNTYWIDE PROGRAM, and to revisit the cost-sharing formula set forth in this AGREEMENT.

6. INDIVIDUAL PERMIT COMPLIANCE
A. Each PARTY acknowledges that the PERMIT imposes regulatory requirements on its respective MS4, on its stormwater discharges, and/or within its jurisdiction that are not addressed or satisfied by the COUNTYWIDE PROGRAM, and therefore agrees that each PARTY is responsible for complying with PERMIT requirements applicable to its respective MS4, its stormwater discharges, and within its jurisdiction.

B. Nothing in this AGREEMENT prohibits any PARTY from entering into a separate agreement with another PARTY or PARTIES to jointly implement and administer activities, projects, and/or programs to comply with any PERMIT requirement(s) shared by or common to them. Such agreements may include the PARTIES' responsibility to pay for individual PERMIT compliance activities, projects, and/or programs, including a cost-sharing formula. Such agreements will not be appended to, but may reference, this AGREEMENT.

7. PERMIT NONCOMPLIANCE; INDIVIDUAL PARTY LIABILITY
Notwithstanding anything in this AGREEMENT to the contrary, each PARTY is solely responsible for all costs and liabilities related to any violation of or noncompliance with the PERMIT requirements applicable to its MS4, its stormwater discharges, and/or within its respective jurisdiction, including but not limited to the payment of penalties and interest and costs related to implementing corrective actions and providing a legal defense.

8. DISPUTE RESOLUTION
A. COUNTYWIDE PROGRAM. Any PARTY may appeal a decision of the MANAGEMENT COMMITTEE related to the COUNTYWIDE PROGRAM to the DIRECTORS COMMITTEE. All appeals must be submitted to the DISTRICT in writing within seven (7) calendar days of the MANAGEMENT COMMITTEE action or decision, identify the MANAGEMENT COMMITTEE action or decision appealed, and include any explanation or materials in support of the appeal. Upon receiving a written appeal, the DISTRICT shall promptly Agreement A-8537
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provide it to the DIRECTORS COMMITTEE for review and notify the MANAGEMENT COMMITTEE of the appeal at the next MANAGEMENT COMMITTEE meeting. Actions or decisions of the MANAGEMENT COMMITTEE will be reversed only upon a 2/3 vote of all DIRECTORS (and not merely upon a 2/3 vote of DIRECTORS present at any given DIRECTORS COMMITTEE meeting). Upon granting an appeal, the challenged MANAGEMENT COMMITTEE action or decision will be vacated and returned to the MANAGEMENT COMMITTEE for subsequent consideration and action (if any).

B. Individual PERMIT Compliance Activities. Disputes related to individual PERMIT compliance activities shall be decided by the PARTIES participating in those activities, including pursuant to any dispute resolution provisions included in any agreement amongst the participating PARTIES. The MANAGEMENT COMMITTEE and the DIRECTORS COMMITTEE have no authority to hear or settle disputes between PARTIES related to individual PERMIT compliance activities.

10. AMENDMENTS TO AGREEMENT
A. This AGREEMENT may be amended or modified if a separate written agreement is approved by the PARTIES, signed and approved by their respective legislative bodies, or in accordance with the delegated authority therefrom.

B. Any amendment or modification to this AGREEMENT that results in a person, PARTY, or firm other than the DISTRICT administering the COUNTYWIDE PROGRAM shall not be effective until 180 days after all PARTIES execute such amendment or modification.

C. The PARTIES will re-evaluate this AGREEMENT with the adoption of each new NPDES MS4 permit and prior to the finalization of any new major funding source for the COUNTYWIDE PROGRAM.

D. If the PERMIT is amended or revised during the term of this AGREEMENT (except in the case of adopting a new TMDL into the PERMIT), then the PARTIES may renegotiate the financial terms of this AGREEMENT.

11. WITHDRAWAL FROM THE AGREEMENT
A. Any PARTY may withdraw from this AGREEMENT upon giving at least 180 days’ written notice to the DISTRICT. The DISTRICT will notify the remaining PARTIES within 10 business days of receipt of any notice of withdrawal.

B. The withdrawing PARTY will remain responsible for paying the costs of COUNTYWIDE PROGRAM activities and work through the end of the fiscal year in which the withdrawal becomes effective.

C. Upon the effective date of a PARTY’s withdrawal, the withdrawing PARTY will be individually responsible for complying with all PERMIT requirements established by the REGIONAL BOARD.

D. Upon the effective date of a PARTY's withdrawal, cost allocations to the remaining PARTIES will be recalculated in the following fiscal year.

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12. FEDERAL AND STATE REGULATIONS AND GUIDELINES
The PARTIES intend this AGREEMENT to be consistent with the terms of all applicable federal and state stormwater permit regulations or guidelines as presently written, and as may be amended during the term of this AGREEMENT applicable to them. If any provision of this AGREEMENT conflicts with any federal or state regulation or guideline, then the federal or state regulation or guideline will take precedence, and all remaining provisions of this AGREEMENT will remain in force and effect.

13. TERM
This AGREEMENT will be effective September 12, 2023 and will expire one (1) year after the PERMIT expires unless the AGREEMENT is terminated beforehand pursuant to Section 14 or extended by an amendment approved pursuant to Section 10.

14. TERMINATION OF AGREEMENT
A. Notwithstanding anything herein to the contrary, this AGREEMENT may be terminated upon the written consent of two thirds (2/3) of the PARTIES. Any termination pursuant to this Section 14(A) will not be effective until the end of the fiscal year (July 1-June 30) in which the PARTIES decide to terminate this AGREEMENT.

B. If, during any term of this AGREEMENT, the PARTIES or the MANAGEMENT COMMITTEE select a person, PARTY, or firm other than the DISTRICT to administer the COUNTYWIDE PROGRAM, then the DISTRICT may terminate this AGREEMENT upon giving 180 days' written notice to PARTIES.

15. NOTICES
All notices and correspondence will be deemed duly given, if (a) sent by certified U.S.

Mail; (b) delivered by hand; (c) deposited in the U.S. Mail, postage prepaid and notice to the addresses of such mailing by phone immediately after deposit in the U.S. Mail; (d) emailed and notice to the recipient by phone immediately after sending the email (if email is provided in the below table); or (e) faxed to the receiving PARTY and confirmation by phone immediately after sending the fax. All notices and correspondence must be sent or delivered to the following:

Ventura County Watershed Protection District
Attn: Watershed Protection District Director
800 South Victoria Avenue
Ventura, CA 93009
PHONE: (805) 654-2040
FAX: (805) 654-3350
EMAIL:

County of Ventura
Attn: Public Works Director
800 South Victoria Avenue
Ventura, CA 93009
PHONE: (805) 654-2073
FAX: (805) 654-3952
EMAIL:

City of Camarillo
Attn: Public Works Director
601 Carmen Drive
Camarillo, CA 93010
PHONE: (805) 388-5307
FAX: (805) 388-5340
City of Fillmore
Attn: Municipal Services Director/Utilities
Engineer
250 Central Avenue
Fillmore, CA 93015
PHONE: (805) 524-3701
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EMAIL: [email protected] FAX: (805) 524-5707 EMAIL:

City of Moorpark
Attn: City Engineer/Public Works Director
799 Moorpark Avenue
Moorpark, CA 93021
PHONE: (805) 517-6255
FAX: (805) 532-2555
EMAIL:

City of Ojai
Attn: Public Works Director
401 South Ventura Street
Ojai, CA 93023
PHONE: (805) 646-5581 ext. 200
FAX:

EMAIL:

City of Oxnard
Attn: Public Works Director
305 West Third Street
Oxnard, CA 93030
PHONE: (805) 385-8280
FAX: (805) 385-7907
EMAIL: [email protected]
City of Port Hueneme
Attn: Public Works Director
250 North Ventura Road
Port Hueneme, CA 93041
PHONE: (805) 986-6568
FAX: (805) 986-6660
EMAIL:

City of San Buenaventura
Attn: Public Works Director
501 Poli Street
Ventura, CA 93001
PHONE: (805) 654-7800
FAX: (805) 652-0865
EMAIL:

City of Santa Paula
Attn: Public Works Director
P.O. Box 569
Santa Paula, CA 93061-0569
PHONE: (805) 933-4212
FAX: (805) 525-3742
EMAIL:

City of Simi Valley
Attn: Public Works Director
2929 Tapo Canyon Road
Simi Valley, CA 93063
PHONE: (805) 583-6786
FAX: (805) 583-6300
EMAIL:

City of Thousand Oaks
Attn: Public Works Director
2100 Thousand Oaks Blvd.

Thousand Oaks, CA 91362
PHONE: (805) 449-2457
FAX: (805) 449-2475
EMAIL: [email protected]

16. ASSIGNMENT
A PARTY may assign its rights and obligations under this AGREEMENT only with the written consent of every other PARTY, which consent may not be unreasonably withheld.

17. SUCCESSORS IN INTEREST
Except as otherwise provided herein, this AGREEMENT will inure to the benefit of and be binding upon the successors and assigns of the PARTIES. Except as expressly set forth herein, this AGREEMENT is not intended to benefit any person or entity that is not a PARTY to this AGREEMENT.

18. SECTION HEADINGS
Headings at the beginning of each numbered section of this AGREEMENT are solely for convenience and are not a material part of this AGREEMENT.

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19. NO AGENCY CREATED
Nothing in this AGREEMENT is intended to create a separate entity or agency and no PARTY to this AGREEMENT is the agent of any other PARTY and nothing in this AGREEMENT will be construed as permitting or authorizing any PARTY to this AGREEMENT to act in any capacity as an agent of the other except as expressly provided herein. Notwithstanding the foregoing, the PARTIES acknowledge that they are entering into this AGREEMENT for their mutual benefit, and the PARTIES agree to execute such further agreements and documents and take such further actions as may be reasonably necessary to implement this AGREEMENT.

20. ENTIRE AGREEMENT
This AGREEMENT contains the entire understanding of the PARTIES with respect to the matters contained herein, and it supersedes all prior oral and written agreements or understandings between the PARTIES with respect to the matters contained herein (including all prior IMPLEMENTATION AGREEMENTS).

21. SEVERABILITY
The invalidity in whole or in part of any provision of this AGREEMENT will not void or affect the validity of the other provisions of this AGREEMENT.

22. INTERPRETATION
The language in all parts of this AGREEMENT will be construed under the laws of the State of California according to its normal and usual meaning and not strictly for or against any PARTY. Exclusive venue for any action involving this AGREEMENT is in Ventura County. In the event of litigation in a United States District Court, exclusive venue is the Central District of California.

23. AUTHORITY TO EXECUTE AGREEMENT
Each PARTY covenants that the individual executing this AGREEMENT on its behalf is duly authorized and empowered to execute this AGREEMENT on behalf of the PARTY.

24. EXECUTION IN COUNTERPARTS
This AGREEMENT may be executed and delivered in any number of counterparts or copies by the PARTIES. When each PARTY has signed and delivered at least one counterpart to the other PARTIES, each counterpart will be deemed an original, and taken together, will constitute one and the same AGREEMENT, which will be binding and effective as to all the PARTIES.

25. ELECTRONIC SIGNATURES
The PARTIES agree that this Agreement may be transmitted and signed by electronic or digital means by either/any or both/all PARTIES and that such signatures shall have the same force and effect as original signatures in accordance with Government Code section 16.5 and Civil Code section 1633.7.

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IN WITNESS WHEREOF, the PARTIES, duly authorized on behalf of their governing authorities, have executed this Agreement as of the last date written below.

VENTURA COUNTY WATERSHED

PROTECTION DISTRICT
By:

Name:

Title:

Date:

COUNTY OF VENTURA
By:

Name:

Title:

Date:

CITY OF CAMARILLO
By:

Name:

Title:

Date:

CITY OF FILLMORE
By:

Name:

Title:

Date:

CITY OF MOORPARK
By:

Name:

Title:

Date:

CITY OF OJAI
By:

Name:

Title:

Date:

CITY OF OXNARD
By:

Name:

Title:

Date:

CITY OF PORT HUENEME
By:

Name:

Title:

Date:

CITY OF SAN BUENAVENTURA
By:

Name:

Title:

Date:

CITY OF SANTA PAULA
By:

Name:

Title:

Date:

CITY OF SIMI VALLEY
By:

Name:

Title:

Date:

CITY OF THOUSAND OAKS
By:

Name:

Title:

Date:

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APPENDIX A
Countywide Program Activities and Responsibilities

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APPENDIX A

VENTURA COUNTY STORMWATER PERMIT IMPLEMENTATION

AND COST-SHARING AGREEMENT

COUNTYWIDE PROGRAM ACTIVITIES AND RESPONSIBILITIES
The DISTRICT will perform and provide the following COUNTYWIDE PROGRAM activities, services, and/or work on behalf of the PARTIES:

1. MANAGEMENT COMMITTEE Administration
• Convene, chair, staff and provide administrative support (e.g., preparation of meeting agenda and minutes) for MANAGEMENT COMMITTEE meetings.
• Set time schedules for the performance of activities. • Provide the REGIONAL BOARD information related to the COUNTYWIDE PROGRAM.
• Track and update the PARTIES on REGIONAL BOARD and EPA regulations and guidance.
• Participate as a member, on behalf of the PARTIES, in the Southern California Coastal Water Research Project (SCCWRP), California Stormwater Quality Association (CASQA), and Southern California Stormwater Monitoring Coalition (SMC).
• Prepare legislative and regulatory response/comment letters on behalf of the PARTIES.
• Distribute materials and information related to the PERMIT to the PARTIES as needed.

2. PERMIT and COUNTYWIDE PROGRAM Administration
• Provide technical and administrative support related to implementation of the PERMIT.
• Serve as liaison between the PARTIES and the REGIONAL BOARD • Procure contractors and consultants for administration of the COUNTYWIDE

PROGRAM
o The Management Committee may direct the DISTRICT to procure any work, services, goods, or materials greater than $50,000 through a competitive process. • Provide technical leadership on the COUNTYWIDE PROGRAM and compliance with PERMIT requirements.
• Prepare legislative and regulatory response/comment letters on behalf of the PARTIES.
• Provide public outreach on PERMIT requirements, including, at a minimum, public outreach that satisfies the PERMITS public outreach elements and requirements.

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APPENDIX A
Countywide Program Activities and Responsibilities

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3. Fiscal and Accounting
• Prepare and track annual budgets for the COUNTYWIDE PROGRAM. o By February 1 each year, a projected annual budget by activity will be prepared for implementation of the following fiscal year's COUNTYWIDE PROGRAM, including but not limited to labor and fixed costs, for the MANAGEMENT COMMITTEE's review and approval.
o Accounting tracking mechanisms will be implemented to report and describe annual COUNTYWIDE PROGRAM expenditures and the PARTIES' annual contributions/payments (including revenues collected for each PARTY through the BA PROGRAM.
o Each year, COUNTYWIDE PROGRAM expenditures will be reconciled against the approved budget. Funds not expended for the COUNTY WIDE PROGRAM will be refunded to the PARTIES in the subsequent fiscal year. • Coordinate and manage the collection of assessments per the BA PROGRAM on behalf of the PARTIES participating in the BA PROGRAM.

4. Monitoring and Reporting
• Implement COUNTYWIDE PROGRAM monitoring, including but not limited to stormwater outfall-based monitoring, mass emission/receiving water monitoring. o NOTE: The PARTY, person, or firm administering the COUNTYWIDE PROGRAM shall not be responsible for total maximum daily load ("TMDL") monitoring and non-stormwater discharge screening and monitoring. • Compile and submit annual and monitoring reports related to the COUNTYWIDE PROGRAM.
• Prepare Reports of Waste Discharge (ROWD).
• Coordinate the PARTIES review of all reports and materials to be submitted to the REGIONAL BOARD or other local governments and regulatory agencies. • Provide the PARTIES trainings on the PERMIT, the COUNTYWIDE PROGRAM, and the preparation of annual and monitoring reports related to the COUNTYWIDE PROGRAM as needed.

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Ventura County Regional Watershed Map
365

DRAFT VENTURA COUNTY STORMWATER

PERMIT IMPLEMENTATION AND
COST-SHARING AGREEMENT A-8537
Badaoui Mouderres, Technical Services/ Water Quality Manager Public Works Department - Wastewater
City Council
September 05, 2023
366
RECOMMENDATION 2
That the City Council approve and authorize the Mayor to sign, once finalized, the Ventura County Stormwater Permit Implementation and Cost-Sharing Agreement (Agreement)
with the County of Ventura, the Ventura County Watershed Protection District, and the Cities of Camarillo, Fillmore, Moorpark, Ojai, Port Hueneme, San Buenaventura, Santa
Paula, Simi Valley, and Thousand Oaks.
367

BACKGROUND
Municipal Separate Storm Sewer System (MS4)
MS4- structures designed to gather stormwater and discharge it into local streams, rivers and the ocean.

Watersheds- land areas that channel rainfall to creeks, streams, and rivers and outflow points to the ocean.

Municipal- local government responsible for the administration of the developed areas that covers the MS4’s areas.

Oxnard- responsible for maintaining MS4 in jurisdiction areas. 3 368
BACKGROUND 4
Ventura County Watershed Assessment Areas 369
BACKGROUND 5
Drainage Channels Auto Center (Left), 5th St (Right) 370 BACKGROUND 6
Tsumas Creek discharge into Ormond Lagoon 371

BACKGROUND
National Pollutant Discharge Elimination System (NPDES) • Created in 1972 by the Clean Water Act
• Permit system that regulates the discharge of pollutants from MS4s into Waters of the United States (WOTUS)
• Prohibits discharging into WOTUS without a NPDES Permit • Contains discharge limits, monitoring and reporting requirements • State Water Resources Control Board oversees NPDES
• Regional Water Quality Control Board (Regional Board) administers NPDES permits and enforces regulations
7 372

BACKGROUND
Consolidated NPDES Permit
Historically, each responsible party that owned and operated an MS4 held their own individual NPDES Permit.

In 1992, the following individual MS4 “Parties” jointly filed and received a joint NPDES Permit with the Regional Board.
8 County of
Ventura
VC Watershed
Protection District Camarillo Fillmore
Moorpark Ojai Oxnard Port Hueneme
San
Buenaventura Santa Paula Simi Valley Thousand Oaks
373

BACKGROUND
Consolidated NPDES Permit continued
• Order No. R4-2021-0105
• Went into effect on September 11, 2021
• Became the current MS4 NPDES Permit
• Designated the individual MS4 “Parties” as Co-Permittees • The current MS4 NPDES permit
• Supersedes the previous permit
• Covers Ventura and Los Angeles Counties
• Covers all incorporated cities within the Counties
• Required consideration of a Watershed Management Program (WMP)
9 374

BACKGROUND
Ventura County Stormwater Permit Implementation and
Cost Sharing Agreement
• Consolidated NPDES Permit Agreements
• Established since 1992
• Manage the Ventura Countywide Stormwater Quality Management Program (VCSQMP)
• VCSQMP has the following goals
• Comply with EPA and Regional Board permits and regulations • Protect and improve surface water quality in Ventura County • Current Agreement expires September 11, 2023
• New Agreement will expire September 11, 2027
10 375
• Current NPDES permit required a decision
• To create a Watershed Management Program (WMP)
• Co-Permittees decide to create a WMP
• The County and Cities work on development of draft WMP • Select Craftwater to facilitate development of a WMP
• Work on coordination of a Monitoring Program
• File corresponding Notices of Intent
• Major deadlines for the WMP are as follows:
• September 11, 2021: Permit Effective Date
• December 13, 2021: File Notice of Intent for WMP
• December 13, 2021: File Notice of Intent for Monitoring Plans • September 11, 2023: Submit WMP and Monitoring Program DISCUSSION 11
376

DISCUSSION
• WMP
• Combination of rigorous data analysis and modeling
• Require technical engineering and stakeholder coordination • Provide a clear pathway towards MS4 Permit compliance • Improve stormwater and receiving water body quality
• Compliance strategy minimum control measures (MCM’s)
• Street sweeping
• Low impact development (LID) required by private development • Trash capture through stormwater catch basin trash excluders • The multi-party approach provides
• Cost savings
• Regional cooperation
• Access to subject matter expertise
12 377

FINANCIAL IMPACT
• No specific Fiscal Impact to approving this Agreement • City’s Stormwater budget covers current annual costs
• Current Funding for the City consists of
• Countywide Benefit Assessment (BA) program
• City’s General Fund
• Current City Costs: ~ $300,000 - $400,000 per year
• Future additional cost projections
• Are Rough Order of Magnitude (ROM)
• Currently estimated between $939,000 - $1,659,000 per year • Include enhanced management, operation and maintenance and source contamination investigations
13 378

FINANCIAL IMPACT
• One time costs to may be required
• Estimates are not meant to provide a set minimum or maximum • Currently the one time cost estimate to be nearly $5,000,000 14 Watershed Estimated Annual
Contributions One-Time Payments
Calleguas Creek $421,000 - $625,000 $4,782,000
Santa Clara River $158,000 - $314,000 $0
Ventura County Coastal $360,000 - $720,000 $0
TOTAL $939,000 - $1,659,000 $4,782,000
379
End of Presentation
380

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. N.3
DATE: September 5, 2023
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Public Project Agreement 32400076 with Toro Enterprises, Inc. for Neighborhood Street Resurfacing Kamala Park And Bartolo Square South Project, Specification No. PW 23-104. (10 mins)

RECOMMENDATION
That the City Council approve and authorize:

1. A total of $4,170,133.72 in Project funds for the Neighborhood Street Resurfacing Kamala Park And Bartolo Square South Project, Specification No. PW 23-104 (Project No. C2209);

2. The Mayor to execute an Agreement with Toro Enterprises, Inc. in the amount of $3,475,111.72 for the Project;

3. Authorize a Project contingency amount of $347,511 (10%) with Toro Enterprises, Inc. for a total not to exceed value of $3,822,622.72 for the Project; and

4. A Project allocation amount of $347,511 (10%) for engineering, inspection, survey and project management for the Project.
(This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.) Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/5M7mFzhwBsg

BACKGROUND
The Neighborhood Street Resurfacing project is an ongoing Capital Improvement Program (CIP) project to address multiple locations throughout the City over multiple years. This current bid package is for the Kamala Park and Bartolo Square South neighborhoods. The majority of the streets within these two neighborhoods have reached a point in their life-cycle requiring preventive and/or corrective work. The average Pavement Condition Index score for these two neighborhoods is 50-60 and the existing asphalt concrete pavement is in need of resurfacing. Pavement preservation in the form of Microsurfacing will be applied to good streets, those that have low to moderate distress, to extend pavement life.

When the City Council originally approved the FY 2022-2027 Capital Improvement Program budget at the May 3, 2022 City Council meeting, the locations planned for FY 2022-23 and FY 2023-24 were to be partially funded by Bonds (up to $13M). However, due to active litigation, an alternate funding source (one-time Measure O funding) was approved by the City Council. However, the alternate funding source was not equal to the originally proposed bond funding.

Capital Improvement Program (CIP) Reference:

Project No. C2209 – Neighborhood Street Resurfacing Kamala Park and Bartolo Square South, Specification No. PW 23- 104 - CIP 2022-2027 - Adopted May 3, 2022 – Page 62.
381

DISCUSSION
The specific work for this Project includes milling of existing asphalt concrete pavement, placement and compaction of asphalt rubberized hot-mix (ARHM) and installing asphalt rubber aggregate membrane (ARAM) interlayer, microsurfacing and crack filling, excavation and reconstruction of asphalt pavement failed areas, concrete repairs, adjusting utility covers to finished grade, removing and replacing street name signs, traffic striping, and all other appurtenant and associated work in accordance with the Contract Documents.

The work is tentatively scheduled to begin in October 2023 and absent any weather or unforeseen delays it will continue into February 2024 (90 working days). Staff will work closely with the Bartolo Square and Kamala Neighborhood Council to keep them informed of the schedule and will also work closely with the neighborhoods and residents directly impacted by the work to keep them informed of the project schedule. General project information will be disseminated to help keep the public informed as well.

The notice inviting formal bids (NIFB) on the Project was published on June 8, 2023, and bids were due and opened on June 28, 2023. The City received the following bid:

Toro Enterprises, Inc.: $3,475,111.72
The sole bid from Toro Enterprises, Inc. is responsive to the City’s NIFB. Following this determination, procurement staff reviewed all documentation received from Toro Enterprises, Inc. and its subcontractors. Procurement staff verified possession of required currently valid licenses, reviewed the federal Occupational Safety and Health Administration (OSHA) website for safety violations, and verified registration with the California Department of Industrial Relations (DIR). Based upon the available information and research performed to date, staff believes that the contractor is capable of satisfactorily completing the project.

Because we received only one bid, staff reviewed recent bids from the County of Ventura and found that the unit prices in Toro’s bid are similar or lower indicating that the bids received are consistent with what the market is offering. There has also been an increase of 22% between June of 2021 and June of 2023 to the California Construction Cost Index that is consistent with current inflation trends. Staff expects that rebidding would result in higher costs and impact execution of planned resurfacing for this fiscal year. Thus, staff recommends that the City Council award the contract for this Project to Toro Enterprises, Inc.

In addition to the project award amount of $3,475,111.72, Staff recommends authorizing $695,022 for the project, which includes $347,511 for project contingency (10% of the contract costs) and $347,511 for the cost for engineering services and City staff (10% of the contract cost). Engineering services include the following activities during construction: engineering, inspection, survey and project management. These recommendations bring the total estimated cost of the project to $4,170,133.72.

The project is categorically exempt from CEQA under CEQA Guidelines Section 15301(c) because it consists of minor alterations of existing structures and facilities and will not have a significant effect on the environment, either individually or cumulatively.

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

FINANCIAL IMPACT
The total cost for this Project shall not exceed $4,170,133.72 which includes the construction agreement, contingency and project allocation. The Neighborhood Street Resurfacing Kamala Park And Bartolo Square South Project No. C2209 has a current total available project budget balance of approximately $11,160,000 with $660,000 from the General Fund (101) and $10,500,000 from the Measure O Fund (104).
382
NEIGHBORHOOD STREET RESURFACING PROJECT (C2209)
Contract: $3,475,111.72
Contingency: $347,511.00
Construction Management: $347,511.00
Total: $4,170,133.72
Fund Number Fund Name Available Project Budget
101 General Fund $660,000
104 Measure O $10,500,000
TOTAL AVAILABLE PROJECT BUDGET $11,160,000
For Fiscal Year 2023-24 Public Works plans to put forward five resurfacing project locations (arterial and residential streets) with a total budget of about $20.8 million. The ability to execute all five project locations will largely depend on the bid market. The bid advertisement of this first of five project locations generated a response from one bidder. The lack of competition and continued increase due to inflation is driving up the cost of infrastructure projects. If this trend continues, there may not be sufficient funds to complete all five project locations with the budgeted funds.

FY 2023-24 RESURFACING PROJECTS
C2209 Neighborhood Street Resurfacing (CIP Page 62)
Fund Number Fund Name Project Budget
104 Measure O $10,500,000
C2205 Arterial Street Resurfacing (CIP Page 47)
Fund Number Fund Name Project Budget
185 RMRA $4,000,000
101 General Fund $4,000,000
SUBTOTAL PROJECT BUDGET $8,000,000
C2111 Citywide Alley Resurfacing (CIP Page 49)
Fund Number Fund Name Project Budget
104 Measure O $2,250,000

COMMITTEE OUTCOME
383
This item did not originate in Committee as this is a capital improvement project specifically listed in the Capital Improvement Program budget, which was previously approved by the City Council.

Prepared by: Nikolas Boas, Supervising Civil Engineer

ATTACHMENTS

1. Agreement 32400076 TORO Enterprises Inc.

2. Presentation
384
Agreement No. 32400076
1 CONTRACT

CITY OF OXNARD CONTRACT FOR

NEIGHBORHOOD STREET RESURFACING
KAMALA PARK AND BARTOLO SQUARE SOUTH, SPECIFICATION NO. PW 23-104 THIS CONTRACT (“Contract”) is made and entered this 5th day of September, 2023 (“Effective Date”), by and between the CITY OF OXNARD, a California municipal corporation (“City”) and Toro Enterprises, Inc. (“Contractor”). Contractor’s license number is 710580.

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

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

2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the Project identified as Neighborhood Street Resurfacing - Kamala Park And Bartolo Square South, Specification No. PW 23-104 (“Project”), as described in this Contract and in the incorporated Contract Documents.

3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of three million four hundred seventy-five thousand, one hundred eleven dollars and seventy two cents ($3,475,111.72) in accordance with the prices as submitted in the Bid, attached hereto as Exhibit “A” and incorporated herein by this reference.

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

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

5. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply. Copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Project are on file with the Project Coordinator at City Hall and will be made available to any interested party on request.

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

6. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance 385
Agreement No. 32400076
2 in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

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

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

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

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

11. Counterparts. This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A signed copy of this Contract transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Contract for all purposes.
[signatures on following page]
386
Agreement No. 32400076
3 IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the date first written above.

CITY OF OXNARD TORO ENTERPRISES, INC.

☒ John C. Zaragoza, Mayor1 Date Sean Castillo, C.E.O. 2 Date ☐ Purchasing Manager

Jerry Hannigan, Secretary Date
ATTEST:

Rose Chaparro, City Date
Clerk (only if Mayor signs)
APPROVED AS TO FORM:

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

1 The City Council must authorize and the Mayor must sign any 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. 387
Agreement No. 32400076
4 EXHIBIT A
388
Agreement No. 32400076
5 _____
$3.28*
*Sean Castillo, President of Toro Enterprises, Inc. confirmed unit price is $3.28 per LF via Clarification No. 1 Response received 6/30/23.
389
Agreement No. 32400076
6 390
Agreement No. 32400076
7 Exhibit INS-G with Pollution

INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS
(WITHOUT BUILDER’S RISK REQUIREMENT)

1. Contractor shall obtain and maintain during the performance of any services under this Contract the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Contractor, its agents, representatives, employees or subcontractors. a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $2,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project location or shall be twice the occurrence amount; b. Business Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;” c. If architectural, engineering, or electrical work will be performed under the Contract, Professional Liability/Errors and Omissions Insurance appropriate to the work being done in an amount not less than $1,000,000, with neither Contractor nor listed subcontractors having less than $500,000 individually. The Professional Liability/Errors and Omissions Insurance must be project specific with at least a one year extended reporting period, or longer upon request. d. Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. e. Contractors Pollution Liability and Errors & Omissions applicable to the work being performed, with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.

2. Contractor shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-G. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before work commences. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email. 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-G or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).

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

6. Any deductibles or self-insured retentions must be declared to and approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its City Council, officers, employees and volunteers, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

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.
391
Agreement No. 32400076
8 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. 392
Agreement No. 32400076
9 ACORD CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)

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

CODESUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE

INSURED COMPANY

LETTER ASPECIFY COMPANY NAMES IN THIS SPACE

COMPANY LETTER B

COVERAGES

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

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

CO
LTR

TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)
LIMITS

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

GENERAL AGGREGATE $2,000,000
PRODUCTS COMP/OP AGG. $2,000,000
PERSONAL & ADV. INJURY $2,000,000
EACH OCCURRENCE $2,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $

A AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

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

A EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM
EACH OCCURRENCE $
AGGREGATE $
A WORKERS’ COMPENSATION
AND
EMPLOYERS’ LIABILITY

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

A OTHER
Errors and omissions insurance or malpractice insurance available for the insured’s profession; if architectural, engineering or electrical work will be performed under the Contract
Contractors Pollution Liability and Contractors Pollution Errors & Omissions
Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant
PER CLAIM / OCCURRENCE $2,000,000
GENERAL AGGREGATE $2,000,000

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

CERTIFICATE HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 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:
 Broker/Agent  Underwriter 
Signature
(original signature required)
Telephone: ( ) Date Signed
393
Agreement No. 32400076
10 GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the ACity@)

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

Insurance Company:

Policy No.:

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

GENERAL LIABILITY
 COMMERCIAL GENERAL LIABILITY
 COMPREHENSIVE GENERAL LIABILITY
 OWNERS & CONTRACTORS PROTECTIVE
 Claims Made
Retroactive Date
 Occurrence

OTHER PROVISIONS

COVERAGES
LIABILITY LIMITS IN THOUSANDS $

EACH OCCURRENCE AGGREGATE
 GENERAL
 PRODUCTS/COMPLETED OPERATIONS
 PERSONAL & ADVERTISING INJURY
 FIRE DAMAGE


CLAIMS: Underwriter=s representative for claims pursuant to this insurance.

Name:

Address:

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

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

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insureds 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 companys 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 INSUREDS 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
394
Agreement No. 32400076
11 AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the ACity@)

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

Insurance Company:

Policy No.:

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

CITY AGREEMENTS/PERMITS

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

Name:

Address:

Telephone: ( )
$ per accident, for bodily injury and property damage.

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

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

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

Signature
(original signature required)
Telephone: ( ) Date Signed
395
Agreement No. 32400076
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 TORO ENTERPRISES, INC., 2101 E. VENTURA BOULEVARD, OXNARD, CA 93036 (“Principal”) (Name and address of Contractor)
a contract (the “Contract”) for the Work described as the Neighborhood Street Resurfacing - Kamala Park And Bartolo Square South Project, Specification No. PW 23-104.

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

NOW, THEREFORE, we, the undersigned Principal, and

(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, and our heirs, assignees, successors, executors and administrators are held and firmly bound, jointly and severally, unto the Agency and all Contractors, Subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of three million four hundred seventy-five thousand, one hundred eleven dollars and seventy two cents ($3,475,111.72), this amount being not less than one hundred percent (100%) of the total Contract Price in lawful money of the United States of America, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

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

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to 396
Agreement No. 32400076
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 2845 and 2849 as well as any statutes of limitation, statutes of repose and laches as they may apply to an action on this Bond.

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

Dated:
“Principal”
By:

Its:

By:

Its:
(Seal)

“Surety”
By:

Its:

By:

Its
(Seal)
Notes: This Bond must be executed in duplicate and dated, all Surety signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Date of Bond must not be before the Effective Date of the Contract. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California. 397
Agreement No. 32400076
Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Oxnard (“Agency”), has awarded to TORO ENTERPRISES, INC., 2101 E. VENTURA BOULEVARD, OXNARD, CA 93036 (“Principal”) (Name and address of Contractor)
a contract (the “Contract”) for the Work described as the Neighborhood Street Resurfacing - Kamala Park And Bartolo Square South Project, Specification No. PW 23-104.

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 three million four hundred seventyfive thousand, one hundred eleven dollars and seventy two cents ($3,475,111.72), this amount being not less than one hundred percent (100%) of the total Contract Price in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, assignees, successors, executors and administrators, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Agency, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void one (1) year from the date of recordation of the Notice of Completion for the Project; otherwise, it shall be and remain in full force and effect.

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

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, including all incorporated documents, or of the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect the Surety’s obligations under this Bond. The Surety hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the 398
Agreement No. 32400076
Specifications. Surety hereby waives California Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

Dated:
“Principal”
By:

Its:

By:

Its:
(Seal)

“Surety”
By:

Its:

By:

STREET RESURFACING KAMALA PARK AND

BARTOLO SQUARE SOUTH
PROJECT PW 23-104
Michael L. Wolfe, Public Works Director
Public Works Department
City Council
September 5, 2023
400
RECOMMENDATION 2
That the City Council approve and authorize:
• A total of $4,170,133.72 in Project funds for the Neighborhood Street Resurfacing Kamala Park and Bartolo Square South Project, Specification No. PW 23-104 (Project No. C2209); • The Mayor to execute an Agreement with Toro Enterprises, Inc. in the amount of $3,475,111.72 for the Project;
• Authorize a Project contingency amount of $347,511 (10%) with Toro Enterprises, Inc. for a total not to exceed value of $3,822,622.72 for the Project; and
• A Project allocation amount of $347,511 (10%) for engineering, inspection, survey and project management for the Project. 401

BACKGROUND
Kamala Park & Bartolo Square South Neighborhood Street
Resurfacing Project
• The Neighborhood Street Resurfacing project is an ongoing Capital Improvement Program (CIP) project to address multiple locations throughout the City over multiple years
• At this time, the majority of streets within these two neighborhoods require preventative and/or corrective work (Average PCI between 50 - 60) and are in need of resurfacing
• Pavement preservation in the form of Microsurfacing will be applied to “good” streets (those that have low to moderate distress) to extend pavement life
3 402

BACKGROUND
Kamala Park & Bartolo Square South Neighborhood
Project Map Area
4 403

BACKGROUND
Existing Street Conditions within the Kamala Park
Neighborhood:
5 404

BACKGROUND
Existing Street Conditions within the Bartolo Square South Neighborhood:
6 405

DISCUSSION
Kamala Park & Bartolo Square South Street Resurfacing
Project
• Notice inviting formal bids (NIFB) for the project was published on June 8, 2023 with bids due and opened on June 28, 2023
• Only 1 bid was received and evaluated:
• The sole bid from Toro Enterprises, Inc. was found to be responsive to the City’s NIFB
• Staff reviewed recent bids from the County of Ventura and verified the California Construction Cost Index and found this project to be consistent with current pricing and inflation trends
7 Toro Enterprises, Inc. $3,475,111.72
406

DISCUSSION
Total cost for the Project is $4,170,133.72 which includes:
• Agreement 32400076 with Toro Enterprises, Inc. in the amount of $3,475,111.72
• Project contingency of $347,511 (10%)
• Engineering, inspection, survey and project management (EISPM) of $347,511 (10%)
8 407

FINANCIAL IMPACT
FY 2023-24 Resurfacing Projects
• Public Works plans to put forward 5 resurfacing projects locations (arterial and residential streets) with a total budget of about $20.8 Million
• The lack of local competition and continued cost increases due to inflation is driving up the cost of infrastructure projects • This trend, combined with the active Bond litigation, means there may not be sufficient funds to complete all 5 planned project locations with the budgeted Fiscal Year funds
9 408
End of Presentation
409

Oxnard City CouncilSeptember 5, 2023

Oxnard City Council
September 5, 2023