Agenda packet — Oxnard City Council, October 3, 2023 (part 3 of 3)

DISCUSSION
The Project scope consists of furnishing all necessary labor, materials, equipment and other incidental and appurtenant Work to resurface existing asphalt concrete pavement along Hueneme Rd from J St. to Edison Dr. The Work includes the milling of existing asphalt concrete pavement; placement and compaction of asphalt rubberized hot mix (ARHM) and micro-surfacing with crack fill; excavation and reconstruction of asphalt pavement failed areas; reconstruction of existing medians; concrete repairs; adjust utility covers to finished grade; removal and replacement of street name signs; and traffic striping. The project includes placing micro-surface material to patch and/or resurface peeled-off portions of existing pavement surfaces on Arterial Streets at various locations.

The work is tentatively scheduled to begin in October 2023 and absent any weather or unforeseen delays it will continue into December 2023 (60 working days). Staff will 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 July 6, 2023, and all bids were due on August 7, 2023. The City received the following bid:

Toro Enterprises, Inc.: $2,287,979.80
The only bidder is Toro Enterprises, Inc. (Toro) and its bid is responsive to the City’s NIFB. Following this determination, procurement staff reviewed all documentation received from Toro and its subcontractors. Procurement staff verified possession of required currently valid licenses, reviewed the federal Occupational Safety and Health Administration (OSHA) website for safety violations, and verified registration with the California Department of Industrial Relations (DIR). Based upon the available information and research performed to date, staff believes that the contractor is capable of satisfactorily completing the project. Thus, staff recommends that the City Council award the contract for this Project to Toro.

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.
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In addition to the project award amount of $2,287,979.80, Staff recommends authorizing $457,596 for the project, which includes $228,798 for project contingency (10% of the contract costs) and $228,798 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 $2,745,575.80.

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 is $2,745,575.80 which includes the construction agreement, contingency and project allocation. The Arterial Street Resurfacing Project (C2205) has a current available project budget balance of approximately $10,079,000 with $4,681,000 from the General Fund (101) and $5,398,000 from the Road Maintenance and Rehabilitation Program (RMRA Fund 185). Of this total allocation, $1,770,600 of the General Fund is being allocated for this Hueneme Road project. A project budget appropriation transfer from Ormond Beach Neighborhood Project C2109 in the amount of $975,066 is recommended to fund this agreement.

ARTERIAL STREET RESURFACING PROJECT (C2205)
Contract: $2,287,979.80
Contingency: $228,798.00
Construction Management: $228,798.00
Total: $2,745,575.80
Fund Number Fund Name
Available Project
Budget
101 General Fund $4,681,000
185 RMRAFund $5,398,000
Allocation for Arterial Street Resurfacing East and West Gonzales Road and Oxnard Boulevard Street Improvement Project -$8,308,400
TOTAL AVAILABLE PROJECT BUDGET $1,770,600
ORMOND BEACH NEIGHBORHOOD RESURFACING PROJECT (C2109)
Fund Number Fund Name
Available Project
Budget
315 TAB HERO $975,066
TOTAL AVAILABLE PROJECT BUDGET $975,066
TOTAL AVAILABLE PROJECT BUDGET (C2205 & C2109) $2,745,666 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 second of five project locations generated a response from one bidder. This project solicitation also resulted in only 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.
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ADOPTED 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
C2109 Ormond Beach Neighborhood Street Resurfacing (CIP Page 63) Fund Number Fund Name Project Budget
315 TAB HERO $975,066
For Finance Use Only: Decrease Project C2109 / Increase Project C2205: TAB HERO Fund (Org. 3151001 Obj 59800), Capital Outlay Fund (Org. 3013101 Obj. 49300 & 56020 / (Org. 3013401 Obj. 49300 & 53270)

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

Prepared by: Christopher Solis, Assistant City Engineer

ATTACHMENTS

1. Agreement 32400153 Toro PW 23-111

2. Ormond Beach Project Area Map

3. Presentation
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Agreement No.: 32400153
1 CONTRACT

CITY OF OXNARD CONTRACT FOR

ARTERIAL STREET RESURFACING HUENEME ROAD STREET IMPROVEMENT PROJECT SPECIFICATION NO. PW 23-111
THIS CONTRACT (“Contract”) is made and entered this ______ day of _____________, 20___ (“Effective Date”), by and between the CITY OF OXNARD, a California municipal corporation (“City”) and 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 Arterial Street Resurfacing Hueneme Road Street Improvement Project Specification No. PW 23-111 (“Project”), as described in this Contract and in the incorporated Contract Documents.

3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of two million two hundred eighty seven thousand nine hundred seventy nine dollars and eighty cents ($2,287,979.80) 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 720

Agreement No.: 32400153
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]
721

Agreement No.: 32400153
3 IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the first written above.

CITY OF OXNARD TORO ENTERPRISES, INC.

☒ John C. Zaragoza, Mayor1 Date Sean Castillo, President 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.
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Agreement No.: 32400153
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 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.
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INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS Certificates of Insurance
The sample accord form on the following page is provided to 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. 724

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
725

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

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

Insurance Company:

Policy No.:

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

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

OTHER PROVISIONS

COVERAGES
LIABILITY LIMITS IN THOUSANDS $

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

Name:

Address:

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

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

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

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

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

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

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

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

ENDORSEMENT HOLDER
CITY OF OXNARD ℅ 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
726

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.:

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 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.

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 Automobile Liability Coverage, occurrence” form CA0001, code (Aany auto@); or b. If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).

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

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

Signature
(original signature required)
Telephone: ( ) Date Signed
727
Agreement No.: 32400153

Bond No. __________

PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:

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

(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as ARTERIAL STREET RESURFACING HUENEME ROAD STREET IMPROVEMENT PROJECT SPECIFICATION NO. PW 23-111.

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

NOW, THEREFORE, we, the undersigned Principal, and

(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, and our heirs, assignees, successors, executors and administrators are held and firmly bound, jointly and severally, unto the Agency and all Contractors, Subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Dollars ($ ), this
amount being not less than 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 728
Agreement No.: 32400153

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. 729
Agreement No.: 32400153

Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

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

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

NOW, THEREFORE, we, the undersigned Principal, and

,
(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Agency in the penal sum of Dollars ($ ), this
amount being not less than 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 730
Agreement No.: 32400153

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:

EXHIBIT A
732

EXHIBIT A
733

EXHIBIT A
734

EXHIBIT A
735
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The City does not make any representations or warranties regarding the use, accuracy, reliability, and/or completeness of this map and no decision involving a risk of economic loss or physical injury should be made in reliance thereon. ± Legend
Ormond Beach
City Limits

ORMOND BEACH AREA
850 0 850 1,700
Feet
Created by:

Geographic Information Systems Division
October 2022
Data Source:

City of Oxnard GIS Division
County of Ventura GIS Program
736
Agreement 32400153 with Toro Enterprises, Inc.
for Arterial Street Resurfacing - Hueneme Road
Improvement Project (PW 23-104)
Tamara Flynn, Construction Project Manager
Public Works Department
City Council
October 3, 2023
737
RECOMMENDATION 2
That the City Council approve and authorize:

1. A total of $2,745,575.80 in Project funds for the Arterial Street Resurfacing Hueneme Road Street Improvement Project, Specification No. PW 23-111.

2. The Mayor to Execute an Agreement with Toro Enterprises, Inc., in the amount of $2,287,979.80 for the Project.

3. A Project contingency amount of $228,798 (10%) with Toro Enterprises, Inc. for a total not to exceed value of $228,798 for the Project.

4. A Project allocation amount of $228,798 (10%) for engineering, inspection, survey and project management (EISPM) for the Project.

5. A project budget appropriation transfer in the amount of $975,066 from Ormond Beach Neighborhood Street Resurfacing Project C2109 to Arterial Street Resurfacing Project C2205 within the TAB HERO Fund (315). 738

BACKGROUND
This is an ongoing Capital Improvement Program (CIP) project to address multiple locations throughout the City over multiple years.

This current bid package is for Hueneme road from Edison Drive to J Street. • Median has reached its life-cycle and requires corrective work. • Road will be treated with microsurfacing to extend the pavement life. 3 739

BACKGROUND
Originally, the resurfacing of Hueneme road was part of the Ormond Beach Neighborhood Street Resurfacing project.

Public Works recommended that Council authorize the reallocation of all remaining 2006 Ormond Beach Tax Allocation Bond (Tab) Proceeds for the Hueneme Road Work related to the Ormond Beach neighborhood Street Resurfacing project.

Public Works reported that the Hueneme Road work had not been completed due to needing to replace storm drains and cast iron pipes first and there was not enough funding to complete the street and median work.

The Ormond Beach Neighborhood Street Resurfacing project was constructed by Granite Construction Company under the On-Call Local and Collector Street Improvement project, PW 21-87 and completed September 26, 2022. 4 740

BACKGROUND
The Water Cast Iron Pipe Replacement project at Various Locations and Storm Drainage Improvement Project (PW21-98) at Hueneme Road was Awarded by Council to Toro Enterprises Inc. on December 21, 2021. Notice of Completion was recorded on September 26, 2022.

The City had two (2) projects with two (2) different contractors in the same place and would cause unnecessary conflicts and disruption so it was decided to postpone the resurfacing of Hueneme road to this fiscal year. 5 741

BACKGROUND
Now that the utility work under Hueneme Road is complete, Public Works looks to complete the resurfacing of Hueneme road as planned, utilizing the remaining funding from:
• Tab HERO fund balance in project C2109 - Ormond Beach Neighborhood Street Resurfacing Project.
• General Funds in project C2205 - Arterial Street Resurfacing Project.

When the City Council originally approved the FY 2022-2027 Capital Improvement Program budget at the May 3, 2022 City Council meeting:
• Locations planned for FY 2022-23 and FY 2023-24 were to be partially funded by Bonds (up to $13M).
• Due to active litigation, an alternate funding source (one-time Measure O funding) was approved by the City Council.
6 742

The Work includes:
• Milling of existing asphalt concrete pavement
• Placement and compaction of asphalt rubberized concrete (ARHM) • Micro-surfacing with crack fill
• Excavation and reconstruction of asphalt pavement failed areas • Reconstruction of existing medians
• Concrete repairs
• Adjust utility covers to finished grade
• Removal and replacement of street name signs
• Traffic striping
• Placing micro-surface material to patch and/or resurface peeled-off portions of existing pavement surfaces on Arterial Streets at various locations. 7 743

DISCUSSION
The work is tentatively scheduled to begin in October 2023 and absent any weather or unforeseen delays it will continue into December 2023 (60 working days).

Staff will work closely with the neighborhoods and residents directly impacted by the work to keep them informed of the project schedule. 8 744

DISCUSSION
The notice inviting formal bids (NIFB) on the Project was published on July 6, 2023, and all bids were due on August 7, 2023. The City received the following bid:

Toro Enterprises, Inc.: $2,287,979.80
The only bidder is Toro Enterprises, Inc. (Toro) and its bid is responsive to the City’s NIFB.

Following this determination, procurement staff reviewed all documentation received from Toro and its subcontractors.
9 745

DISCUSSION
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 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.

Staff recommends that the City Council award the contract for this Project to Toro Enterprises, Inc.
10 746

DISCUSSION
In addition to the project award amount of $2,287,979.80, Staff recommends authorizing the following:
• $228,798 for project contingency (10% of the contract cost) • $228,798 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
• Project management
These recommendations bring the total estimated cost of the project to $2,745,575.80.
11 747

FINANCIAL IMPACT
The total cost for this Project is $2,745,575.80, which includes the construction agreement, contingency and project allocation.

Arterial Street Resurfacing Project (C2205) has a current available project budget balance of approximately $10,079,000 with $4,681,000 from the General Fund (101) and $5,398,000 from the Road Maintenance and Rehabilitation Program (RMRA Fund 185).

Of this total allocation, $1,770,600 of the General Fund is being allocated for the Hueneme Road project.

A project budget appropriation transfer from Ormond Beach Neighborhood Project C2109 in the amount of $975,066 is recommended to fund this agreement. 12 748

FINANCIAL IMPACT
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. This 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.
13 749
End of Presentation
750

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. N.3
DATE: October 3, 2023
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Public Project Agreement 32400207 with C.A. Rasmussen, Inc. for Arterial Street Resurfacing East and West Gonzales Road and Oxnard Boulevard Street Improvement Project, Specification No. PW 23-100. (10 minutes)

RECOMMENDATION
That the City Council approve and authorize:

1. A total of $11,636,763.05 in Project funds for the Arterial Street Resurfacing East and West Gonzales Road and Oxnard Boulevard Street Improvement Project, Specification No. PW 23-100;

2. The Mayor to Execute an Agreement with C.A. Rasmussen, Inc. in the amount of $9,697,303.05 for the Project;

3. A Project contingency amount of $969,730 (10%) with C.A. Rasmussen, Inc. for a total not to exceed value of $969,730 for the Project;

4. A Project allocation amount of $969,730 (10%) for engineering, inspection, survey and project management for the Project; and

5. A project budget appropriation transfer in the amount of $3,328,400 from Neighborhood Street Resurfacing Project C2209 to Arterial Street Resurfacing Project C2205 within the Measure O Fund (104). (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/Cn2zuICT_v8

BACKGROUND
The Arterial 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 Gonzales Road from Victoria Ave to Rice Ave. The majority of Gonzales Ave has reached a point in its life-cycle requiring preventive and/or corrective work. The average Pavement Condition Index score for Gonzales Road is 50-60 and the existing asphalt concrete pavement is in need of resurfacing. Distressed sections of Gonzales Road will be overlayed with new asphalt and ARAM.

Pavement preservation in the form of Microsurfacing will be applied to sections that have low to moderate distress, to extend pavement life. Distressed median sections will be reconstructed.

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:
751
Project No. C2205 – Arterial Street Resurfacing East and West Gonzales Road and Oxnard Boulevard Street Improvement Project, Specification No. PW 23-100 - CIP 2022-2027 - Adopted May 3, 2022 – Page 47.

DISCUSSION
The Project scope consists of furnishing all necessary labor, materials, equipment and other incidental and appurtenant work to resurface existing asphalt concrete pavement along Gonzales Road from Rice Avenue to Victoria Avenue and along Oxnard Blvd from Robert Avenue to Gonzales Road. The Work includes the milling of existing asphalt concrete pavement; placement and compaction of asphalt rubberized hot mix (ARHM) and installing asphalt rubber aggregate membrane (ARAM) interlayer; micro-surfacing and crack fill; excavation and reconstruction of asphalt pavement failed areas; reconstruction of existing and new medians; concrete repairs; adjust utility covers to finished grade; removal and replacement of street name signs; and traffic striping. In addition to this scope of work, the project includes the rehabilitation of Patterson Rd. asphalt concrete walking path from Doris Avenue to West Gonzales Road. The Work includes the installation of fog seal and repair of asphalt pavement failed areas.

The work is tentatively scheduled to begin in October and absent any weather or unforeseen delays continue into March (100 working days). Staff will 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 July 27, 2023, and all bids were due on August 29, 2023. The City received the following bids:

C.A. Rasmussen, Inc.: $ 9,697,303.05
Toro Enterprises, Inc.: $10,984,170.30
The lowest bidder is C.A. Rasmussen, Inc., (Rasmussen) and its bid is responsive to the City’s NIFB. Following this determination, procurement staff reviewed all documentation received from Rasmussen and its subcontractors.

Procurement staff verified possession of required currently valid licenses, reviewed the federal Occupational Safety and Health Administration (OSHA) website for safety violations, and verified registration with the California Department of Industrial Relations (DIR). Based upon the available information and research performed to date, staff believes that the contractor is capable of satisfactorily completing the project. Thus, staff recommends that the City Council award the contract for this Project to Rasmussen.

In addition to the project award amount of $9,697,303.05, staff recommends authorizing $1,939,460 for the project, which includes $969,730 for project contingency (10% of the contract costs) and $969,730 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 $11,636,763.05.

FINANCIAL IMPACT
The total cost for this Project is $11,636,763.05 which includes the construction agreement, contingency and project allocation. Arterial Street Resurfacing Project (C2205) has a current available project budget balance of approximately $8,308,400 with $2,910,400 from the General Fund (101) and $5,398,000 from the Road Maintenance Rehabilitation Account (185), which is insufficient to fully fund this project. The additional $3,328,400 needed to fully fund the project will be transferred from the Neighborhood Street Resurfacing Project (C2209) which has $7,400,000 of available funding from the Measure O Fund (104). Funding of $49,963 for the multi-modal path on Patterson Road is available in project budget appropriations within the Transportation Development Act Fund in the Bike Path Project (G1001) (90303101- 53200).
752
On June 20, 2023 Council approved the Fiscal Year 2023-24 Budget which allocated $10.5 Million of the $20.8 Million invested for Street Resurfacing to the Neighborhood Street Resurfacing project (C2209). Two other Street Resurfacing projects received funds where $4 Million of General Fund (101) and $4M of RMRA (185) to Arterial Street Resurfacing project (C2205) and $2.5 million of Measure O to Citywide Alley Resurfacing projects (C2111). Public Works distributed the $20.8 Million across three resurfacing projects based on estimated project costs at the time. It was anticipated that a Budget Appropriation transfer could be used to move funds from one project to another so long as its use remained for street resurfacing.

ARTERIAL STREET RESURFACING PROJECT (C2205)
Contract: $9,697,303.05
Contingency: $969,730
Construction Management: $969,730
Total: $11,636,763.05
Fund Number Fund Name Available Project Budget
101 General Fund $2,910,400*
185 RMRA $5,398,000
TOTAL AVAILABLE PROJECT BUDGET $8,308,400
NEIGHBORHOOD STREET RESURFACING PROJECT (C2209)
Fund Number Fund Name Available Project Budget
104 Measure O $7,400,000
TOTAL AVAILABLE PROJECT BUDGET $7,400,000
TOTAL AVAILABLE PROJECT BUDGET (C2205 & C2209) $15,708,400 *Assumes Council approval of the Arterial Street Resurfacing Project - Hueneme Road scheduled for this same Council meeting
BIKE PATH PROJECT (G1001)
Fund Number Fund Name Available Project Budget
212 Transportation Development Act (TDA) $49,963
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 project generated a response from two bidders. 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.

ADOPTED FY 2023-24 RESURFACING PROJECTS
C2209 Neighborhood Street Resurfacing (CIP Page 62)
Fund Number Fund Name Project Budget
104 Measure O $10,500,000
753
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
For Finance Use Only: Decrease Project C2209 / Increase C2205: Measure O Fund (Org. 1041001 Obj. 59800), Capital Outlay Fund (Org. 3013401 Obj 49300 & 53270)

Prepared by: Christopher Solis, Assistant City Engineer

ATTACHMENTS

1. Agreement 32400207 Rasmussen PW 23-100

2. Presentation
754

Agreement No.: 32400207
1 CONTRACT

CITY OF OXNARD CONTRACT FOR

ARTERIAL STREET RESURFACING EAST AND WEST GONZALES AND OXNARD

BOULEVARD STREET IMPROVEMENT PROJECT
SPECIFICATION NO. PW 23-100
THIS CONTRACT (“Contract”) is made and entered this ______ day of _____________, 20___ (“Effective Date”), by and between the CITY OF OXNARD, a California municipal corporation (“City”) and C.A. RASMUSSEN, INC. (“Contractor”). Contractor’s license number is 254681.

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

2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as Arterial Street Resurfacing East and West Gonzales and Oxnard Boulevard Street Improvement Project Specification No. PW 23-100 (“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 nine million six hundred ninety seven thousand three hundred three dollars and five cents ($9,697,303.05) in accordance with the prices as submitted in the Bid, attached hereto as Exhibit “A” and incorporated herein by this reference.

Agreement No.: 32400207
2 employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

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

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.

Agreement No.: 32400207
3 IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the first written above.

CITY OF OXNARD C.A. RASMUSSEN, INC.

☒ John C. Zaragoza, Mayor1 Date Adam Rasmussen, President 2 Date ☐ Purchasing Manager

Lisa Punches, Secretary Date
ATTEST:

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

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

Agreement No.: 32400207
Exhibit INS-G with Pollution

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

3. Contractor agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M.

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

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

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

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
760

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.:

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 $

Name:

Address:

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
761

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.:

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.

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.

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
762
Agreement No.: 32400153

Bond No. __________

PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:

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

(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as Arterial Street Resurfacing East and West Gonzales and Oxnard Boulevard Street Improvement Project Specification No. PW 23-100.

NOW, THEREFORE, we, the undersigned Principal, and

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.

Dated:
“Principal”
By:

Its:

By:

Its:
(Seal)

“Surety”
By:

Its:

By:

Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

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

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

NOW, THEREFORE, we, the undersigned Principal, and

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:

EXHIBIT A
767
768
769
770
771
772
Agreement 32400207 with C.A. Rasmussen, Inc.
for Arterial Street Resurfacing East and West
Gonzales Road and Oxnard Boulevard Street
Improvement Project
Tamara Flynn, Construction Project Manager
Public Works Department
City Council
October 3, 2023
773
RECOMMENDATION 2
That the City Council approve and authorize:

1. A total of $11,636,763.05 in Project funds for the Arterial Street Resurfacing East and West Gonzales Road and Oxnard Boulevard Street Improvement Project, Specification No.

PW 23-100;

2. The Mayor to Execute an Agreement with C.A. Rasmussen, Inc. in the amount of $9,697,303.05 for the Project;

3. A Project contingency amount of $969,730 (10%) with C.A. Rasmussen, Inc. for a total not to exceed value of $969,730 for the Project;

4. A Project allocation amount of $969,730 (10%) for engineering, inspection, survey and project management for the Project; and

BACKGROUND
The Arterial Street Resurfacing project is an ongoing Capital Improvement Program (CIP) project to address multiple locations throughout the City over multiple years.
• The current bid package is for Gonzales Road from Victoria Ave to Rice Ave. • The majority of Gonzales Ave has reached a point in its life-cycle requiring preventive and/or corrective work.
• Average Pavement Condition Index score for Gonzales Road is 50-60 and the existing asphalt concrete pavement is in need of resurfacing. • Distressed sections will be overlayed with new asphalt and ARAM. • Microsurfacing will be applied to good sections (those that have low to moderate distress) to extend pavement life.
• Median will be reconstructed.
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BACKGROUND
When the City Council originally approved the FY 2022-2027 Capital Improvement Program budget at the May 3, 2022 City Council meeting:
• Locations planned for FY 2022-23 and FY 2023-24 were to be partially funded by Bonds (up to $13M).
• Due to active litigation, an alternate funding source (one-time Measure O funding) was approved by the City Council.
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The Work includes:
• Milling of existing asphalt concrete pavement
• Placement and compaction of asphalt rubberized concrete (ARHM) • Installing asphalt rubber aggregate membrane (ARAM) interlayer • Micro-surfacing and crack fill
• Excavation and reconstruction of asphalt pavement failed areas • Reconstruction of existing medians
• Concrete repairs
• Utility adjustments
• Removal and replacement of street name signs
• Traffic striping
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DISCUSSION
In addition to the scope of work is:
• Patterson Rd. asphalt concrete multimodal path rehabilitation from Doris Avenue to West Gonzales Road.

This work includes:
• Fog seal installation
• Repair of asphalt pavement failed areas.
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DISCUSSION
Work is tentatively scheduled to begin in November and absent any weather or unforeseen delays continue into March (100 working days).

Staff will work closely with the neighborhoods and residents directly impacted by the work to keep them informed of the project schedule & general project information.

The notice inviting formal bids (NIFB) on the Project was published on July 27, 2023, and all bids were due on August 29, 2023. The City received the following bids:

C.A. Rasmussen, Inc.: $ 9,697,303.05
Toro Enterprises, Inc.: $10,984,170.30
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DISCUSSION
The lowest bidder is C.A. Rasmussen, Inc., (Rasmussen) and its bid is responsive to the City’s NIFB. Following this determination, procurement staff reviewed all documentation received from Rasmussen and its subcontractors.

Based upon the available information and research performed to date:

1. Staff believes that the contractor is capable of satisfactorily completing the project.

2. Staff recommends that the City Council award the contract for this Project to Rasmussen.
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DISCUSSION
In addition to the project award amount of $9,697,303.05, staff recommends authorizing the following:

1. $969,730 for project contingency (10% of the contract costs)

2. $969,730 for the cost for engineering services and City staff (10% of the contract cost).

Engineering services include the following activities during construction:

1. Engineering,

2. Inspection,

3. Survey and

4. Project management
These recommendations bring the total estimated cost of the project to $11,636,763.05.
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FINANCIAL IMPACT
Total cost for this Project is $11,636,763.05 which includes the construction agreement, contingency and project allocation
Arterial Street Resurfacing Project (C2205) has a current available project budget balance of approximately $8,308,400 with $2,910,400 from the General Fund (101) and $5,398,000 from the Road Maintenance Rehabilitation Account (185) The additional $3,328,400 needed to fully fund the project will be transferred from the Neighborhood Street Resurfacing Project (C2209) which has $7,400,000 of available funding from the Measure O Fund (104).

Funding of $49,963 for the multimodal path on Patterson Road is available in project budget appropriations within the Transportation Development Act Fund in the Bike Path Project (G1001)
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FINANCIAL IMPACT
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 for this project generated a response from two bidders. This 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.
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Questions?
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Oxnard City CouncilOctober 3, 2023

Oxnard City Council
October 3, 2023