CONTRACT ORDER
5404 07/01/2023 06/30/2024 06/30/2024
Eric Hernandez 805-388-7076
FY 23-24 CITYWIDE MRO SUPPLIES OMNIA 2018.000207
NTE: $200,000.00
By acceptance of this Contract, you agree to the attached terms and conditions of the City of Oxnard.
City of Oxnard Purchasing Manager
Total Expended $19,432.41
Total Open PO $180,567.59
Total Open Requisition $0.00
Total Contract Balance $0.00
Total Liquidated Amount $200,000.00
Total Revised $200,000.00
TOTAL ORIGINAL $200,000.00
CITY OF OXNARD PURCHASING DIVISION: (805) 385-7538
125
PURCHASE / CONTRACT ORDER TERMS AND CONDITIONS
The City Purchasing Officer and the Vendor agree as follows:
1. Vendor shall furnish
to City the labor, materials, equipment, supplies and/or services described in the Purchase / Contract Order (PO/CO) preceding this page.
2. City shall
pay to Vendor the price, or prices, specified in the PO/CO upon delivery of the labor, materials, equipment, supplies and/or services, and acceptance thereof by the City, or upon the completion of the services to be performed and acceptance thereof.
3. If the PO/CO is continuing in nature, City shal
l pay to Vendor the amount due Vendor for labor, materials, equipment or supplies furnished, or services completed and accepted.
4. Vendor shall
deliver the labor, materials, equipment or supplies, or cause the services to be performed, within the time and in the manner specified in the PO/C O.
Vendor shall be excused in performance for delays resulting from causes beyond the control of Vendor.
5. If services are performed or labor
furnished to City under the PO/CO, Vendor agrees to indemnify, hold harmless and defend City, its City Council, and each member thereof, and every offi
cer, employee, representative or agent of City, from any and all liability claims, demands, actions, damages (whether in contract or tort, including pers
onal injury, death at any time, or property damage), costs and financial loss, including all costs and expenses and fees of litigation or arbitration, that arise directly or indirectly from any acts or omissions related to this Agreement performed by Vendor or its agents, employees, subcontractors, cons ultants and
other persons acting on Vendor’s behalf. This agreement to indemnify, hold harmless and defend shall apply whether such acts or omissions are the product of active
negligence, passive negligence, willfulness or acts for which Vendor or its agents, employees, subcontractors, consultants and othe r persons acting on Vendor’s
behalf would be held strictly liable. Vendor’s obligation to defend shall arise when a claim, demand or action is made or filed, whether or not such claim, demand or
action results in a determination of liability or damages as to which Vendor is obligate d to indemnify and hold harmless.
6. Insurance
a) Vendor shall obtain and maintain during the performance of any services under this Agreement the following insurance coverage issued by a company satisfactory to the Risk Manager, unless the Risk Manager waives, in writing, the requirement that Vendor obta in and maintain such insurance coverage.
i. Commercial general liability insurance, including a contractual liability endorsement, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability coverage (Occurrence Form CG0001ED, November 1988);
ii. Business automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Auto
Liability Insurance Services Office coverage (Occurrence Form CA000TED, June 1992) covering Code No. 1, “any auto”;
iii. Workers’ compensation insurance in
compliance with the laws of the State of California, including employer’s liability insurance in an amount not less than $1,000,000 per claimant.
7. Vendor, in the performance of any services or the furnishing of any labor under this PO/CO, shall be considered an independent contractor, and Vend or and
Vendor’s agents and employees shall not be considered officers or employees of the City.
8. Vendor, without the written consent of the City
Purchasing Officer, shall not:
a) Assign the PO/CO, or any interest therein, or any money due thereunder; or b) Make any changes, alterations or variatio
ns in the terms of the PO/CO.
9. The cost of inspection on deliveries, or offers to make deliveries that do not meet specifications, will be paid by Vendor or deducted by City from amounts due
Vendor.
10. Vendor shall indemnify and hold harmless City, its officers and employees, from liability, claims, loss or expense of any kind or nature on account of any
copyrighted or uncopyrighted composition, patented or unpatented process or invention, article or appl iance furnished or used under this PO/CO.
11. Vendor shall comply with all applicable federal, state and local ordinance, laws and regulations and shall obtain and pay for all required licenses and permits, including a City of Oxnard business license.
12. Return or exchange of materials, equipment or
supplies will not be permitted without written approval by the City Purchasing Officer.
13. All materials, supplies and equipment furnished under the PO/CO shall, where applicable, be in full compliance with the Safety Orders and Regulations of the Division of Industrial Safety of the State of California and the Williams-Steiger Federal Occupational Health and Safety Act of 1970.
14. City may terminate this PO/CO at any time by giving written notice of term ination to Vendor. If termination is for cause, termination shall become effective on the date of the notice or at a later date, specified in the notice. If termination is without cause, termination shall become effective five days after the date of the notice or at a later date specified
in the notice.
15. Vendor shall comply with all applicable equal employment opportunity requirements of the California Department of Fair Employment and Housing in performing
or contracting for any services under this PO/CO.
16. For public projects, Vendor shall pay prevailing wages in accordance with Labor Code Sections 1720 et seq.
ADDITIONAL REQUIREMENTS FOR FEDERAL GRANT-FUNDED PROJECTS
17. The following requirements apply to any PO/CO funded in whol e or in part by federal grant funds.
a) Upon expiration of the time specified on the reverse side, this PO/CO shall terminate unless City and Vend or have mutually agreed in writing to an extension of
time.
b) If legal action is brought by either party because the other has failed to comp ly with terms or conditions of this PO/CO, the prevailing party shall be awarded its attorney’s fees and costs in addition to its damages and/or equitable relief.
c) Vendor shall comply with all applicable requirements of Executive Order 11246 as amended by Executive Order 11375 and the regulations adopted pursuant
thereto (41 CFR Chapter 60), which provide that no person shall be discriminated against on the basis of race, color, reli gion, sex or national origin.
d) Vendor shall insure that the grantee (City), the Federal Grantor Agency, the Comptroller General of the United States, or any duly authorized representative, shall
have access to any books, records, documents and papers, specifically relating to this PO/CO, for the purpose of making audit, examination, excerpts and
transcriptions for not less than three years after completion of the project and/or until the completion of the final project audit as required by the Federal Grants
Agency.
126
THIS NUM
BER MUST APPEAR ON ALL INVOICES,
PACKAGES AND SHIPPING PAPERS.
Department
Type
Bonds in Lieu
Contract #
Fiscal Year
VENDOR
NUMBER EXPIRE DATEESTIMATED START ESTIMATED COMPLETION
VENDOR PHONE NUMBERADMINISTRATORRFP DESCRIPTION
CONTRACT DESCRI
PTION
300 W. THIRD STREET
OXNARD, CA, 93030
32400033
WATER ADMINISTRATION
ADMIN
N
2024
HACH COMPANY
2207 COLLECTIONS CENTER DR.
CHICAGO, IL 60693-00
22
CONTRACT ORDER
2178 07/01/2023 06/30/2024 06/30/2024
Abraham Maldonado 800-227-4224
BPO FOR WATER TESTING EQUIPM
ENT/SUPPLIES
[2023-06-20 14:29:16 Katie.Ruiz]: USING GSA'S COOPERATIVE AGMT #GS-07F-9314S NTE: $150,000.00 By acceptanc
e of this Contract, you agree to the attached terms and conditions of the City of Oxnard.
City of Oxnard Purchasing Manage
r
Total Expended $9,388.69
Total Open PO $118,111.31
Total Open Requisition $0.00
Total Contract Balance $22,500.00
Tot
al Liquidated Amount $127,500.00
Total Revised $150,000.00
TOTAL ORIGINAL $150,000.00
CITY OF OXNARD PURCHASING DIVISION:
(805) 385-7538
127
PURCHASE / CONTRACT ORDER TERMS AND CONDITIONS
The City Purchasing Officer and the Vendor agree as follows:
1. Vendor shall furnish
to City the labor, materials, equipment, supplies and/or services described in the Purchase / Contract Order (PO/CO) preceding this page.
2. City shall
pay to Vendor the price, or prices, specified in the PO/CO upon delivery of the labor, materials, equipment, supplies and/or services, and acceptance thereof by the City, or upon the completion of the services to be performed and acceptance thereof.
3. If the PO/CO is continuing in nature, City shal
l pay to Vendor the amount due Vendor for labor, materials, equipment or supplies furnished, or services completed and accepted.
4. Vendor shall
deliver the labor, materials, equipment or supplies, or cause the services to be performed, within the time and in the manner specified in the PO/C O.
Vendor shall be excused in performance for delays resulting from causes beyond the control of Vendor.
5. If services are performed or labor
furnished to City under the PO/CO, Vendor agrees to indemnify, hold harmless and defend City, its City Council, and each member thereof, and every offi
cer, employee, representative or agent of City, from any and all liability claims, demands, actions, damages (whether in contract or tort, including pers
onal injury, death at any time, or property damage), costs and financial loss, including all costs and expenses and fees of litigation or arbitration, that arise directly or indirectly from any acts or omissions related to this Agreement performed by Vendor or its agents, employees, subcontractors, cons ultants and
other persons acting on Vendor’s behalf. This agreement to indemnify, hold harmless and defend shall apply whether such acts or omissions are the product of active
negligence, passive negligence, willfulness or acts for which Vendor or its agents, employees, subcontractors, consultants and othe r persons acting on Vendor’s
behalf would be held strictly liable. Vendor’s obligation to defend shall arise when a claim, demand or action is made or filed, whether or not such claim, demand or
action results in a determination of liability or damages as to which Vendor is obligate d to indemnify and hold harmless.
6. Insurance
a) Vendor shall obtain and maintain during the performance of any services under this Agreement the following insurance coverage issued by a company satisfactory to the Risk Manager, unless the Risk Manager waives, in writing, the requirement that Vendor obta in and maintain such insurance coverage.
i. Commercial general liability insurance, including a contractual liability endorsement, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability coverage (Occurrence Form CG0001ED, November 1988);
ii. Business automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Auto
Liability Insurance Services Office coverage (Occurrence Form CA000TED, June 1992) covering Code No. 1, “any auto”;
iii. Workers’ compensation insurance in
compliance with the laws of the State of California, including employer’s liability insurance in an amount not less than $1,000,000 per claimant.
7. Vendor, in the performance of any services or the furnishing of any labor under this PO/CO, shall be considered an independent contractor, and Vend or and
Vendor’s agents and employees shall not be considered officers or employees of the City.
8. Vendor, without the written consent of the City
Purchasing Officer, shall not:
a) Assign the PO/CO, or any interest therein, or any money due thereunder; or b) Make any changes, alterations or variatio
ns in the terms of the PO/CO.
9. The cost of inspection on deliveries, or offers to make deliveries that do not meet specifications, will be paid by Vendor or deducted by City from amounts due
Vendor.
10. Vendor shall indemnify and hold harmless City, its officers and employees, from liability, claims, loss or expense of any kind or nature on account of any
copyrighted or uncopyrighted composition, patented or unpatented process or invention, article or appl iance furnished or used under this PO/CO.
11. Vendor shall comply with all applicable federal, state and local ordinance, laws and regulations and shall obtain and pay for all required licenses and permits, including a City of Oxnard business license.
12. Return or exchange of materials, equipment or
supplies will not be permitted without written approval by the City Purchasing Officer.
13. All materials, supplies and equipment furnished under the PO/CO shall, where applicable, be in full compliance with the Safety Orders and Regulations of the Division of Industrial Safety of the State of California and the Williams-Steiger Federal Occupational Health and Safety Act of 1970.
14. City may terminate this PO/CO at any time by giving written notice of term ination to Vendor. If termination is for cause, termination shall become effective on the date of the notice or at a later date, specified in the notice. If termination is without cause, termination shall become effective five days after the date of the notice or at a later date specified
in the notice.
15. Vendor shall comply with all applicable equal employment opportunity requirements of the California Department of Fair Employment and Housing in performing
or contracting for any services under this PO/CO.
16. For public projects, Vendor shall pay prevailing wages in accordance with Labor Code Sections 1720 et seq.
ADDITIONAL REQUIREMENTS FOR FEDERAL GRANT-FUNDED PROJECTS
17. The following requirements apply to any PO/CO funded in whol e or in part by federal grant funds.
a) Upon expiration of the time specified on the reverse side, this PO/CO shall terminate unless City and Vend or have mutually agreed in writing to an extension of
time.
b) If legal action is brought by either party because the other has failed to comp ly with terms or conditions of this PO/CO, the prevailing party shall be awarded its attorney’s fees and costs in addition to its damages and/or equitable relief.
c) Vendor shall comply with all applicable requirements of Executive Order 11246 as amended by Executive Order 11375 and the regulations adopted pursuant
thereto (41 CFR Chapter 60), which provide that no person shall be discriminated against on the basis of race, color, reli gion, sex or national origin.
d) Vendor shall insure that the grantee (City), the Federal Grantor Agency, the Comptroller General of the United States, or any duly authorized representative, shall
have access to any books, records, documents and papers, specifically relating to this PO/CO, for the purpose of making audit, examination, excerpts and
transcriptions for not less than three years after completion of the project and/or until the completion of the final project audit as required by the Federal Grants
Agency.
128
THIS NUM
BER MUST APPEAR ON ALL INVOICES,
PACKAGES AND SHIPPING PAPERS.
Department
Type
Bonds in Lieu
Contract #
Fiscal Year
VENDOR
NUMBER EXPIRE DATEESTIMATED START ESTIMATED COMPLETION
VENDOR PHONE NUMBERADMINISTRATORRFP DESCRIPTION
CONTRACT DESCRI
PTION
300 W. THIRD STREET
OXNARD, CA, 93030
32400050
FINANCE PURCHASING
ADMIN
N
2024
HOME DEPOT CREDIT SERVICES
401 W. ESPLANADE DRIVE
OXNA
RD, CA 93030
CONTRACT ORDER
4911 07/01/2023 06/30/2024 06/30/2024
Eric Hernandez 800-395-7363
FY23-24 CITYWIDE MRO
INDUSTRIAL SUPPLIES
By acceptance of this Contract, you agree to the attached terms and conditions of the City of Oxnard.
City of Oxnard Purchasing Manager
Total Expended $6,895.78
Total Open PO $166,304.22
Total Open Requisition $0.00
Total
Contract Balance $26,800.00
Total Liquidated Amount $173,200.00
Total Revised $200,000.00
TOTAL ORIGINAL $200,000.00
CIT
Y OF OXNARD PURCHASING DIVISION: (805) 385-7538
129
PURCHASE / CONTRACT ORDER TERMS AND CONDITIONS
The City Purchasing Officer and the Vendor agre
e as follows:
1. Vendor shall furnish to City the labor, materials, equipment, supplies and/or services described in the Purchase / Contract Order (PO/ CO) preceding this page.
2. City shall pay to Vendor the price, or prices, specified in the PO/CO upon delivery of the labor, materials, equipment, supplies and/or services, and acceptance
thereof by the City, or upon the completion of the services to be performed and acceptance thereof.
3. If the
PO/CO is continuing in nature, City shall pay to Vendor the amount due Vendor for labor, materials, equipment or supplies furnished, or services comp leted
and accepted.
4. Vendor shall deliver the labor, materials, equipment or supplies, or cause the services to be performed, within the time and in the manner specified in the PO/CO.
Vendor shall be excused in performance for delays resulting from causes beyond the control of Vendor.
5. If services are performed or labor furnished to City under the PO/CO, Vendor agrees to indemnify, hold harmless and defend City, its City Coun cil, and each
member thereof, and every officer, employee, representative or agent of City, from any and all liability claims, demands, actions, damages (whe ther in contract or
tort, including personal injury, death at any time, or property damage), costs and financial loss, including all costs and expe nses and fees of litigation or arbitration,
that arise directly or indirectly from any acts or omissions related to this Agreement performed by Vendor or its agents, employees, subcontractors, consultants and
other persons acting on Vendor’s behalf. This agreement to indemnify, hold harmless and defend shal l apply whether such acts or omissions are the product of active negligence, passive negligence, willfulness or acts for which Vendor or its agents, empl oyees, subcontractors, consultants and other persons acting on Vendor’s behalf would be held strictly liable. Vendor’s obligation to defend shall arise when a claim, demand or action is made or filed, whether or not such claim, demand or action results in a determination of liability or
damages as to which Vendor is obligated to indemnify and hold harmless.
6. Insurance
a) Vendor shall obtain and maintain during the performance of any services under this Agreement the following insurance coverage issued by a company satisfactory to the Risk Manager, unless the Risk Manager waives,
in writing, the requirement that Vendor obtain and maintain such insurance coverage. i. Commercial general liability insurance, including a contractual liability endorsement, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liabilit y with coverage equivalent to Insurance Services Office Commercial General Liability coverage (Occurrence Form CG0001ED, November 1988);
ii. Business automobi
le liability insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile
liability with coverage equivalent to Auto Liability Insurance Services Office coverage (Occurrence Form CA000TED, June 1992) covering Code No. 1, “any auto”;
iii. Workers’ compensation insurance in compliance with the laws of the State of California, including employer’s liability insurance in an amount not less than
$1,000,000 per claimant.
7. Vendor, in the performance of any services or the furnishing of any labor under this PO/CO, shall be cons idered an independent contractor, and Vendor and
Vendor’s agents and employees shall not be considered officers or employees of the City.
8. Vend
or, without the written consent of the City Purchasing Officer, shall not:
a) Assign the PO/CO, or any interest therein, or any money due thereunder; or b) Make any changes, alterations or variations in the terms of the PO/CO.
9. The cost of inspection on deliveries, or offers to make deliveries that do not meet specifications, will be paid by Vendor or deducted by City from amounts due Vendor.
10. Vendor shall indemnify and hold harmless City, its officers and employees, from liability, claims, loss or expense of any kind or nature on account of any copyrighted or uncopyrighted composition, patented or unpatent ed process or invention, article or appliance furnished or used under this PO/CO.
11. Vendor shall comply with all applicable federal, state and local ordinance, laws and regulations and shall obtain and pay for all required licenses and permits, including a City of Oxnard business license.
12. Return
or exchange of materials, equipment or supplies will not be permitted without written approval by the City Purchasing Officer.
13. All materials, supplies and
equipment furnished under the PO/CO shall, where applicable, be in full compliance with the Safety Orders and Regulations of the Division of Industri
al Safety of the State of California and the Williams-Steiger Federal Occupational Health and Safety Act of 1970.
14. City may terminate this PO/CO at
any time by giving written notice of termination to Vendor. If termination is for cause, termination shall become effective on the date of the notice
or at a later date, specified in the notice. If termination is without cause, termination shall become effective five days after the date of the notice or at a later date specified in the notice.
15. Vendor shall comply with all applicable equal employment opportunity requirements of the Cali fornia Department of Fair Employment and Housing in performing or contracting for any services under this PO/CO.
16. For public projects, Vendor shal
l pay prevailing wages in accordance with Labor Code Sections 1720 et seq.
ADDITIONAL REQUIREMENTS FOR FEDERAL GRANT-FUNDED PROJECTS
17. The following requirem
ents apply to any PO/CO funded in whole or in part by federal grant funds. a) Upon expiration of the time specified on the reverse side, this PO/C O shall terminate unless City and Vendor have mutually agreed in writing to an extension of time.
b) If legal action is brought by either part
y because the other has failed to comply with terms or conditions of this PO/CO, the prevailing party shall be awarded its attorney’s fees and
costs in addition to its damages and/or equitable relief. c) Vendor shall comply with all applicable requirements of Executive Order 11246 as amen ded by Executive Order 11375 and the regulations adopted pursuant thereto (41 CFR Chapter 60), which provide that no person shall be discriminated agai nst on the basis of race, color, religion, sex or national origin. d) Vendor shall insure that the grantee (City), the Federal Grantor Agency, the Comp troller General of the United States, or any duly authorized representative, shall have access to any books, records, documents and papers, specifically rela ting to this PO/CO, for the purpose of making audit, examination, excerpts and transcriptions for not less than three years after completion of the proj ect and/or until the completion of the final project audit as required by the Federal Grants Agency.
130
THIS NUM
BER MUST APPEAR ON ALL INVOICES,
PACKAGES AND SHIPPING PAPERS.
Department
Type
Bonds in Lieu
Contract #
Fiscal Year
VENDOR
NUMBER EXPIRE DATEESTIMATED START ESTIMATED COMPLETION
VENDOR PHONE NUMBERADMINISTRATORRFP DESCRIPTION
CONTRACT DESCRI
PTION
300 W. THIRD STREET
OXNARD, CA, 93030
32400069
FINANCE PURCHASING
ADMIN
N
2024
ODP BUSINESS SOLUTIONS, LLC
6600 N. MILITARY TRL
BOCA RATON,
FL 33496
CONTRACT ORDER
24461 07/01/2023 06/30/2024 06/30/2024
Sandra Borjas 888-263-3423
FY23-24 CITYWIDE OFFICE SUP
PLIES
[2023-06-30 11:10:17 sandra.borjas]: CITYWIDE OFFICE SUPPLIES OMNIA PARTNERS COOPERATIVE AGREEMENT R190303 EXP 06/30/ 24 (OMNIA EXP 06/30/24 Option to
renew for five (5) additional one-year periods through June 30, 2029) NSS NTE $200,000 EACH
DEPARTMENT WILL BE REQUIRED TO REQUESTS AN INDIVIDUAL
DEPARTMENT PO AGAINST THIS AGREEMENT. EACH DEPARTMENT WILL
BE REQUIRED TO MANAGE THEIR INDIVIDUAL DEPARTMENT PO
By acceptance of this Contract, you agree to the attached terms and con ditions of the City of Oxnard.
City of Oxnard Purchasing Manager
Total Expended $23,747.68
Total Open PO $167,112.32
Total Open Requisition $4,700.00
Total Contract Balance $9,140.00
Total Liquidated Amount $190,860.00
Total Revised $200,0
00.00 TOTAL ORIGINAL $199,685.00
CITY OF OXNARD PURCHASING DIVISION: (805) 385-7538
131
PURCHASE / CONTRACT ORDER TERMS AND CONDITIONS
The City Purchasing Officer and the Vendor agree as follows:
1. Vendor shall furnish to City the labor, materials, equipment, supplies and/or services desc ribed in the Purchase / Contract Order (PO/CO) preceding this page.
2. City shall pay to Vendor the price, or prices, specified in the PO/CO upon delivery of the labor, materials, equipment, supplies and/or services, and acceptance thereof by the City, or upon the completion of the services to be performed and acceptance thereof.
3. If the PO/CO is continuing in nature, City shall pay to Vendor the amount due Vendor for labor, materials, equi pment or supplies furnished, or services completed
and accepted.
4. Vendor shall deliver the labor, materials, equipment or supplies, or cause the services to be performed, within the time and in the manner specified in the PO/CO.
Vendor shall be excused in performance for delays resultin g from causes beyond the control of Vendor.
5. If services are performed or labor furnished to City under the PO/CO, Vendor agrees to indemnif y, hold harmless and defend City, its City Council, and each member thereof, and every officer, employee, representative or agent of City, from any and all liability claims, demands, actions, damages (whether in contract or tort, including personal injury, death at any time, or property damage), costs and fina ncial loss, including all costs and expenses and fees of litigation or arbitration, that arise directly or indirectly from any acts or omissions related to this Agreement performed by Vendor or its agents, employees, subcontractors, consultants and other persons acting on Vendor’s behalf. This agreemen
t to indemnify, hold harmless and defend shall apply whether such acts or omissions are the product of active negligence, passive negligence, willfulness
or acts for which Vendor or its agents, employees, subcontractors, consultants and other persons acting on Vendor’s behalf would be held strictly liab
le. Vendor’s obligation to defend shall arise when a claim, demand or action is made or filed, whether or not such claim, demand or action resu
lts in a determination of liability or damages as to which Vendor is obligated to indemnify and hold harmless.
6. Insurance
a) Vendor shal
l obtain and maintain during the performance of any services under this Agreement the following insurance coverage issued by a company satisfactory to
the Risk Manager, unless the Risk Manager waives, in writing, the requirement that Vendor obtain and maintain such insurance coverage. i. Commercial general liab
ility insurance, including a contractual liability endorsement, in an amount not less than $1,000,000 combined single limit for bodily injury and prop
erty damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability coverage (Occurrence Form
CG0001ED, November 1988);
ii. Business automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for
automobile liability with coverage equivalent to Auto Liability Insurance Services Office coverage (Occurrence Form CA000TED , June 1992) covering Code No. 1, “any
auto”;
iii. Workers’ compensation insurance in compliance with the laws of the State of California, including empl oyer’s liability insurance in an amount not less than
$1,000,000 per claimant.
7. Vendor, in the performance of any services or the furnishing of any labor under this PO/CO, shall be considered an independent contractor, and Vendor and Vendor’s agents and employees shall not be considered
officers or employees of the City.
8. Vendor, without the written consent of the City Purchasing Officer, shall not:
a) Assign the PO/CO, or any inte
rest therein, or any money due thereunder; or
b) Make any changes, alterations or variations in the terms of the PO/CO.
9. The cost of inspection on
deliveries, or offers to make deliveries that do not meet specifications, will be paid by Vendor or deducted by City from amounts due Vendor.
10. Vendor shall
indemnify and hold harmless City, its officers and employees, from liability, claims, loss or expense of any kind or nature on account of any copyrighted or
uncopyrighted composition, patented or unpatented process or invention, article or appliance furnished or used under this PO/CO.
11. Vendor shall
comply with all applicable federal, state and local ordinance, laws and regulations and shall obtain and pay for all required licenses and permits, including
a City of Oxnard business license.
12. Return or exchange of materials, equipment or supplies will not be permitted without written approval by the City Purc hasing Officer.
13. All materials, supplies and equipment furnished under the PO/CO shall, where applicable, be in full compliance with the Safety Orde rs and Regulations of the
Division of Industrial Safety of the State of California and the Williams-Steiger Federal Occupational Health and Safety Act of 1970.
14. City may terminate this PO/CO at any time by giving written notice of termination to Vendor. If termination is for cause, termination shall become effective on
the date of the notice or at a later date, specified in the notice. If termination is without cause, termination shall beco me effective five days after the date of the
notice or at a later date specified in the notice.
15. Vendor shall comply with all applicable equal
employment opportunity requirements of the California Department of Fair Employment and Housing in performing or contracting for any services under this PO/C
O.
16. For public projects, Vendor shall pay prevailing wages in accordance with Labor Code Sections 1720 et seq.
ADDITIONAL REQUIREMENTS FOR FEDERAL
GRANT-FUNDED PROJECTS
17. The following requirements apply to any PO/CO funded in whole or in part by federal grant funds. a) Upon expiration of the
time specified on the reverse side, this PO/CO shall terminate unless City and Vendor have mutually agreed in writing to an extension of time.
b)
If legal action is brought by either party because the other has failed to comply with terms or conditions of this PO/CO, the prevailing part y shall be awarded its
attorney’s fees and costs in addition to its damages and/or equitable relief. c) Vendor shall comply with all applicable requ
irements of Executive Order 11246 as amended by Executive Order 11375 and the regulations adopted pursuant thereto (41 CFR Chapter 60), which provide
that no person shall be discriminated against on the basis of race, color, religion, sex or national origin. d) Vendor shall insure that the gran
tee (City), the Federal Grantor Agency, the Comptroller General of the United States, or any duly authorized representative, shall have access to any books,
records, documents and papers, specifically relating to this PO/CO, for the purpose of making audit, examination, excerpts and transcriptions for not less than
three years after completion of the project and/or until the completion of the final project audit as required by the Federal Grants Agency.
132
THIS NUM
BER MUST APPEAR ON ALL INVOICES,
PACKAGES AND SHIPPING PAPERS.
Department
Type
Bonds in Lieu
Contract #
Fiscal Year
VENDOR
NUMBER EXPIRE DATEESTIMATED START ESTIMATED COMPLETION
VENDOR PHONE NUMBERADMINISTRATORRFP DESCRIPTION
CONTRACT DESCRI
PTION
300 W. THIRD STREET
OXNARD, CA, 93030
32400045
WATER ADMINISTRATION
ADMIN
N
2024
SUNBELT RENTALS, INC
1799 INNOVATION POINT
FORT MILL, SC
29715
CONTRACT ORDER
7535 07/01/2023 06/30/2024 06/30/2024
Abraham Maldonado 888-972-8883
BPO FOR RENTAL EQUIPMENT
[20
23-06-22 17:16:56 Katie.Ruiz]: USING OMNIA COOPERATIVE AGREEMENT #R200601 NTE: $200,000.00 By acceptance of this Contra
ct, you agree to the attached terms and conditions of the City of Oxnard.
City of Oxnard Purchasing Manager
Total Expended
$15,815.10
Total Open PO $150,184.90
Total Open Requisition $0.00
Total Contract Balance $34,000.00
Total Liquidated
Amount $166,000.00
Total Revised $200,000.00
TOTAL ORIGINAL $200,000.00
CITY OF OXNARD PURCHASING DIVISION: (805) 385-7538
133
PURCHASE / CONTRACT ORDER TERMS AND CONDITIONS
The City Purchasing Officer and the Vendor agree as follows:
1. Vendor shall furnish to City the labor,
materials, equipment, supplies and/or services described in the Purchase / Contract Order (PO/CO) preceding this page.
2. City shall pay to Vendor the
price, or prices, specified in the PO/CO upon delivery of the labor, materials, equipment, supplies and/or services, and acceptance thereof by the City
, or upon the completion of the services to be performed and acceptance thereof.
3. If the PO/CO is continuing in nature, City shall pay to Vendor the amount due Vendor for labor, materials, equipment or supplies furnished, or services completed and accepted.
4. Vendor shall deliver the labor,
materials, equipment or supplies, or cause the services to be performed, within the time and in the manner specified in the PO/CO.
Vendor shal
l be excused in performance for delays resulting from causes beyond the control of Vendor.
5. If services are performed or labor furnished to City under the PO/CO, Vendor agrees to indemnify, hold harmless and defend City, its City Council, and each member thereof, and every officer, employee, repr
esentative or agent of City, from any and all liability claims, demands, actions, damages (whether in contract or tort, including personal injury, death
at any time, or property damage), costs and financial loss, including all costs and expenses and fees of litigation or arbitration, that arise directly
or indirectly from any acts or omissions related to this Agreement performed by Vendor or its agents, employees, subcontractors, consultants and other
persons acting on Vendor’s behalf. This agreement to indemnify, hold harmless and defend shall apply whether such acts or omissions are the product of active
negligence, passive negligence, willfulness or acts for which Vendor or its agents, employees, subcontractors, consultants and other persons acting on Vendor’s
behalf would be held strictly liable. Vendor’s obligation to defend shall arise when a claim, demand or action is made or filed, whether or not such claim, demand or
action results in a determination of liability or damages as to which Vendor is obligated to indemnify and hold harmless.
6. Insurance
a) Vendor shall obtain and maintain during the performance of any services under this Agreement the following insuranc e coverage issued by a company satisfactory
to the Risk Manager, unless the Risk Manager waives, in writing, the requirement that Vendor obtain and maintain such insurance coverage.
i. Commercial general liability insurance, including a contractual liability endorsement, in an amount not less than $1,000,000 combined single limit for bodily injury
and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Comm ercial General Liability coverage (Occurrence
Form CG0001ED, November 1988);
ii. Business automobile liability insurance in an amount not less than $1,000,0 00 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Auto Liability Insuranc e Services Office coverage (Occurrence Form CA000TED, June 1992) covering Code No. 1, “any auto”;
iii. Workers’ compensation insurance in compliance with the laws of the State of California, including employer’s liability insurance in an amount not less than $1,000,000 per claimant.
7. Vendor, in the perf
ormance of any services or the furnishing of any labor under this PO/CO, shall be considered an independent contractor, and Vendor and Vendor’s
agents and employees shall not be considered officers or employees of the City.
8. Vendor, without the written consent of the City Purchasing Officer, shall not:
a) Assign the PO/CO, or any interest therein, or any money due thereunder; or b) Make any changes, alterations or variations in the terms of the PO/CO.
9. The cost of inspection on deliveries, or offers to make deliveries that do not meet specifications, will be paid by Vendor or deducted by City from amounts due
Vendor.
10. Vendor shall indemnify and hold harmless City, its officers and employees, from liability, claims, loss or expense of any kind or nature on account of any
copyrighted or uncopyrighted composition, patented or unpatented process or invention, article or appliance furnished or used under this PO/CO.
11. Vendor shall comply with all applicable federal, state and local ordinance, laws and regulations and shall obtain and pay for all required licenses and permits,
including a City of Oxnard business license.
12. Return or exchange of materials, equipment or supplies will not be permitted without written approval by the City Purchasing Officer.
13. All materials, supplies and equipment furnished under the PO/CO shall, where appl icable, be in full compliance with the Safety Orders and Regulations of the Division of Industrial Safety of the State of California and the Williams-Ste iger Federal Occupational Health and Safety Act of 1970.
14. City may terminate this PO/CO at any time by giving written notice of termination to Vendor.
If termination is for cause, termination shall become effective on the date of the notice or at a later date, specified in the notice. If term ination is without cause, termination shall become effective five days after the date of the notice or at a later date specified in the notice.
15. Vendor shall comply with all applicable equal employment opportunity requirements of the California Department of Fair Employment and Housing in performi ng
or contracting for any services under this PO/CO.
16. For public projects, Vendor shall pay prevailing wages in accordance with Labor Code Sect ions 1720 et seq.
ADDITIONAL REQUIREMENTS FOR FEDERAL GRANT-FUNDED PROJECTS
17. The following requirements apply to any PO/CO funded in whole or in part by federal grant funds.
a) Upon expiration of the time specified on the reverse side, this PO/CO shall terminate unless City and Vendor have mutually agre ed in writing to an extension of
time.
b) If legal action is brought by either party because the other has failed to comply with terms or conditions of this PO/CO, the prevailing party shall be awarded its attorney’s fees and costs in addition to its damages and/or equitable relief. c) Vendor shall comply with all applicable requirements of Executive Order 11246 as amended by Executive Order 11375 and the regulations adopted pursuant
thereto (41 CFR Chapter 60), which provide that no person shall be discriminated against on the basis of race, color, religion, sex or nati onal origin.
d) Vendor shall insure that the grantee (City), the Federal Grantor Agency, the Comptroller General of the United States, or any duly authorized representative, shall
have access to any books, records, documents and papers, specifically relating to this PO/CO, for the purpose of making audit, exam ination, excerpts and
transcriptions for not less than three years after completion of the project and/or until the completion of the final project audi t as required by the Federal Grants
Agency.
134
THIS NUMBER MUST APPEAR ON ALL INVOICES,
PACKAGES AND SHIPPING PAPERS.
Department
Type
Bonds in Lieu
Contract #
Fiscal Year
VENDOR NUMBER EXPIRE DATEESTIMATED START ESTIMATED COMPLETION VENDOR PHONE NUMBERADMINISTRATORRFP DESCRIPTION
CONTRACT DESCRIPTION
300 W. THIRD STREET
OXNARD, CA, 93030
32400047
PW SPECIAL DISTRICTS
ADMIN
N
2024
WAXIE'S ENTERPRISES, LLC
9353 WAXIE WAY
SAN DIEGO, CA 92123-1036
CONTRACT ORDER
5433 07/01/2023 06/30/2024 06/30/2024
Sarah Rowley 805-335-0553
BPO FOR JANITORIAL AND CUSTODIAL SUPPLIES
[2023-06-22 08:47:14 Katie.Ruiz]:USING NCPA'S COOPERATIVE AGREEMENT #02-27 (EXP 10/31/24) NTE: $200,000.00
By acceptance of this Contract, you agree to the attached terms and conditions of the City of Oxnard.
City of Oxnard Purchasing Manager
Total Expended $3,326.72
Total Open PO $163,673.28
Total Open Requisition $0.00
Total Contract Balance $33,000.00
Total Liquidated Amount $167,000.00
Total Revised $200,000.00
TOTAL ORIGINAL $200,000.00
CITY OF OXNARD PURCHASING DIVISION: (805) 385-7538
135
PURCHASE / CONTRACT ORDER TERMS AND CONDITIONS
The City Purchasing Officer and the Vendor agree as follows:
1. Vendor shall furnish
to City the labor, materials, equipment, supplies and/or services described in the Purchase / Contract Order (PO/CO) preceding this page.
2. City shall
pay to Vendor the price, or prices, specified in the PO/CO upon delivery of the labor, materials, equipment, supplies and/or services, and acceptance thereof by the City, or upon the completion of the services to be performed and acceptance thereof.
3. If the PO/CO is continuing in nature, City shal
l pay to Vendor the amount due Vendor for labor, materials, equipment or supplies furnished, or services completed and accepted.
4. Vendor shall
deliver the labor, materials, equipment or supplies, or cause the services to be performed, within the time and in the manner specified in the PO/C O.
Vendor shall be excused in performance for delays resulting from causes beyond the control of Vendor.
5. If services are performed or labor
furnished to City under the PO/CO, Vendor agrees to indemnify, hold harmless and defend City, its City Council, and each member thereof, and every offi
cer, employee, representative or agent of City, from any and all liability claims, demands, actions, damages (whether in contract or tort, including pers
onal injury, death at any time, or property damage), costs and financial loss, including all costs and expenses and fees of litigation or arbitration, that arise directly or indirectly from any acts or omissions related to this Agreement performed by Vendor or its agents, employees, subcontractors, cons ultants and
other persons acting on Vendor’s behalf. This agreement to indemnify, hold harmless and defend shall apply whether such acts or omissions are the product of active
negligence, passive negligence, willfulness or acts for which Vendor or its agents, employees, subcontractors, consultants and othe r persons acting on Vendor’s
behalf would be held strictly liable. Vendor’s obligation to defend shall arise when a claim, demand or action is made or filed, whether or not such claim, demand or
action results in a determination of liability or damages as to which Vendor is obligate d to indemnify and hold harmless.
6. Insurance
a) Vendor shall obtain and maintain during the performance of any services under this Agreement the following insurance coverage issued by a company satisfactory to the Risk Manager, unless the Risk Manager waives, in writing, the requirement that Vendor obta in and maintain such insurance coverage.
i. Commercial general liability insurance, including a contractual liability endorsement, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability coverage (Occurrence Form CG0001ED, November 1988);
ii. Business automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Auto
Liability Insurance Services Office coverage (Occurrence Form CA000TED, June 1992) covering Code No. 1, “any auto”;
iii. Workers’ compensation insurance in
compliance with the laws of the State of California, including employer’s liability insurance in an amount not less than $1,000,000 per claimant.
7. Vendor, in the performance of any services or the furnishing of any labor under this PO/CO, shall be considered an independent contractor, and Vend or and
Vendor’s agents and employees shall not be considered officers or employees of the City.
8. Vendor, without the written consent of the City
Purchasing Officer, shall not:
a) Assign the PO/CO, or any interest therein, or any money due thereunder; or b) Make any changes, alterations or variatio
ns in the terms of the PO/CO.
9. The cost of inspection on deliveries, or offers to make deliveries that do not meet specifications, will be paid by Vendor or deducted by City from amounts due
Vendor.
10. Vendor shall indemnify and hold harmless City, its officers and employees, from liability, claims, loss or expense of any kind or nature on account of any
copyrighted or uncopyrighted composition, patented or unpatented process or invention, article or appl iance furnished or used under this PO/CO.
11. Vendor shall comply with all applicable federal, state and local ordinance, laws and regulations and shall obtain and pay for all required licenses and permits, including a City of Oxnard business license.
12. Return or exchange of materials, equipment or
supplies will not be permitted without written approval by the City Purchasing Officer.
13. All materials, supplies and equipment furnished under the PO/CO shall, where applicable, be in full compliance with the Safety Orders and Regulations of the Division of Industrial Safety of the State of California and the Williams-Steiger Federal Occupational Health and Safety Act of 1970.
14. City may terminate this PO/CO at any time by giving written notice of term ination to Vendor. If termination is for cause, termination shall become effective on the date of the notice or at a later date, specified in the notice. If termination is without cause, termination shall become effective five days after the date of the notice or at a later date specified
in the notice.
15. Vendor shall comply with all applicable equal employment opportunity requirements of the California Department of Fair Employment and Housing in performing
or contracting for any services under this PO/CO.
16. For public projects, Vendor shall pay prevailing wages in accordance with Labor Code Sections 1720 et seq.
ADDITIONAL REQUIREMENTS FOR FEDERAL GRANT-FUNDED PROJECTS
17. The following requirements apply to any PO/CO funded in whol e or in part by federal grant funds.
a) Upon expiration of the time specified on the reverse side, this PO/CO shall terminate unless City and Vend or have mutually agreed in writing to an extension of
time.
b) If legal action is brought by either party because the other has failed to comp ly with terms or conditions of this PO/CO, the prevailing party shall be awarded its attorney’s fees and costs in addition to its damages and/or equitable relief.
c) Vendor shall comply with all applicable requirements of Executive Order 11246 as amended by Executive Order 11375 and the regulations adopted pursuant
thereto (41 CFR Chapter 60), which provide that no person shall be discriminated against on the basis of race, color, reli gion, sex or national origin.
d) Vendor shall insure that the grantee (City), the Federal Grantor Agency, the Comptroller General of the United States, or any duly authorized representative, shall
have access to any books, records, documents and papers, specifically relating to this PO/CO, for the purpose of making audit, examination, excerpts and
transcriptions for not less than three years after completion of the project and/or until the completion of the final project audit as required by the Federal Grants
Agency.
136
THIS NUM
BER MUST APPEAR ON ALL INVOICES,
PACKAGES AND SHIPPING PAPERS.
Department
Type
Bonds in Lieu
Contract #
Fiscal Year
VENDOR
NUMBER EXPIRE DATEESTIMATED START ESTIMATED COMPLETION
VENDOR PHONE NUMBERADMINISTRATORRFP DESCRIPTION
CONTRACT DESCRI
PTION
300 W. THIRD STREET
OXNARD, CA, 93030
32400146
PW GRAFFITI ACTION PROGRAM
ADMIN
N
2024
VISTA PAINT CORPORATION
2020 E. ORANGETHORPE AVE
FULLERTON, CA 92831-5327
CONTRACT ORDER
5380 12/20/2021 12/20/2024 06/30/2024
Veronica Chavez 714-680-3800
BPO PUBLIC WOR
KS PAINT
[2023-08-03 17:04:19 Katie.Ruiz]: SOLICITED ON PUBLIC PURCHASE AS BID PW-22-11 NTE: $200,000 LIQ. IN HTE: $34 ,173.26 LIQ. IN PO 8439 IN MUNIS: $56,525.16 TOTAL
LIQUIDATED: $90,698.42 NTE FOR UNENCUMBERED CONTRACT: $109,301.58 ONE YEAR WITH THE OPTION FOR 2, 1 YEAR EXTENSTIONS (FULL TERM WOULD GO THROUGH 12/20/24) STAFF PICK UP SUPPLIES FROM STOREF
RONT.
By acceptance of this Contract, you agree to the attached terms and conditions of the City of Oxnard.
City of Oxnard
Purchasing Manager
Total Expended $0.00
Total Open PO $52,000.00
Total Open Requisition $0.00
Total Contract Balance
$57,301.58
Total Liquidated Amount $52,000.00
Total Revised $109,301.58
TOTAL ORIGINAL $109,301.58
CITY OF OXNARD PURCHA
SING DIVISION: (805) 385-7538
137
PURCHASE / CONTRACT ORDER TERMS AND CONDITIONS
The City Purchasing Officer and the Vendor agree as follows:
1. Vend
or shall furnish to City the labor, materials, equipment, supplies and/or services described in the Purchase / Contract Order (PO/CO) preceding this page .
2. City shall pay to Vendor the price, or prices, specified in the PO/CO upon delivery of the labor, materials, equipment, supplies and/or services , and acceptance
thereof by the City, or upon the completion of the services to be performed and acceptance thereof.
3. If the PO/CO is continuing
in nature, City shall pay to Vendor the amount due Vendor for labor, materials, equipment or supplies furnished, or services completed and accepted.
4. Vendor shall deliver the labor, materials, equipment or supplies, or cause the services to be performed, within the time and in the manner spec ified in the PO/CO.
Vendor shall be excused in performance for delays resulting from causes beyond the control of Vendor.
5. If services are perf
ormed or labor furnished to City under the PO/CO, Vendor agrees to indemnify, hold harmless and defend City, its City Council, and each member ther
eof, and every officer, employee, representative or agent of City, from any and all liability claims, demands, actions, damages (whether in contract or tort
, including personal injury, death at any time, or property damage), costs and financial loss, including all costs and expenses and fees of litigati on or arbitration,
that arise directly or indirectly from any acts or omissions related to this Agreement performed by Vendor or its agents, employees, subcontractors, consultants and
other persons acting on Vendor’s behalf. This agreement to indemnify, hold harmless and defend shall apply whether such acts or omissions are the product of active
negligence, passive negligence, willfulness or acts for which Vendor or its agents, employees, subcontractors, consultants and other persons acting on Vendor’s
behalf would be held strictly liable. Vendor’s obligation to defend shall arise when a claim, demand or action is made or filed, whether or not such claim, demand or action results in a determination of liability or damages as to which Vendor is obligated to indemnify and hold harmless.
6. Insurance
a) Vendor shall obtain and maintain during the performance of any services under this Agreement the following insurance coverage issued by a company satisfactory to the Risk Manager, unless the Risk Manager waives, in writing, the requirem ent that Vendor obtain and maintain such insurance coverage. i. Commercial general liability insurance, including a contractual liability endorsement, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivale nt to Insurance Services Office Commercial General Liability coverage (Occurrence Form CG0001ED, November 1988);
ii. Business automobile liability insuranc
e in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage
equivalent to Auto Liability Insurance Services Office coverage (Occurrence Form CA000TED, June 1992) covering Code No. 1, “any auto”;
iii. Workers’ compensa
tion insurance in compliance with the laws of the State of California, including employer’s liability insurance in an amount not less than $1,000,000
per claimant.
7. Vendor, in the performance of any services or the furnishing of any labor under this PO/CO, shall be considered an independent contractor, and Vendor and
Vendor’s agents and employees shall not be considered officers or employees of the City.
8. Vendor, without the written
consent of the City Purchasing Officer, shall not:
a) Assign the PO/CO, or any interest therein, or any money due thereunder; or b) Make any changes, alte
rations or variations in the terms of the PO/CO.
9. The cost of inspection on deliveries, or offers to make deliveries that do not meet specificatio ns, will be paid by Vendor or deducted by City from amounts due Vendor.
10. Vendor shall indemnify and hold harmless City, its officers and employees, from liab ility, claims, loss or expense of any kind or nature on account of any copyrighted or uncopyrighted composition, patented or unpatented process or inventio n, article or appliance furnished or used under this PO/CO.
11. Vendor shall comply with all applicable federal, state and local ordinance, laws and regulations and shall obtain and pay for all required licenses and permits, including a City of Oxnard business license.
12. Return or exchange of material
s, equipment or supplies will not be permitted without written approval by the City Purchasing Officer.
13. All materials, supplies and equipment furnished
under the PO/CO shall, where applicable, be in full compliance with the Safety Orders and Regulations of the Division of Industrial Safety of the Stat
e of California and the Williams-Steiger Federal Occupational Health and Safety Act of 1970.
14. City may terminate this PO/CO at any time by giving writ ten notice of termination to Vendor. If termination is for cause, termination shall become effective on the date of the notice or at a later date
, specified in the notice. If termination is without cause, termination shall become effective five days after the date of the notice or at a late
r date specified in the notice.
15. Vendor shall comply with all applicable equal employment opportunity requirements of the California Department of Fair Employment and Housing in performing
or contracting for any services under this PO/CO.
16. For public projects, Vendor shall pay prevailing wage s in accordance with Labor Code Sections 1720 et seq.
ADDITIONAL REQUIREMENTS FOR FEDERAL GRANT-FUNDED PROJECTS
17. The following requirements apply to any PO/C
O funded in whole or in part by federal grant funds.
a) Upon expiration of the time specified on the reverse side, this PO/CO shall terminate unless City and Vendor have mutually agreed in writing to an extension of time.
b) If legal action is brought by either party because the other has failed to comply with terms or conditions of this PO/CO, the prevailing party shall be awarded its attorney’s fees and costs in addition to
its damages and/or equitable relief.
c) Vendor shall comply with all applicable requirements of Executive Order 11246 as amended by Executive Orde r 11375 and the regulations adopted pursuant
thereto (41 CFR Chapter 60), which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin.
d) Vendor shall insure that the grantee (City), the Federal Grantor Agency, the Comptroller General of the United States, or any duly authorized representative, shall have access to any books, records, documents and papers, specifically relating to this PO/CO, for the purpose of making audit, examination, excerpts and transcriptions for not less than three years after completion of the project and/or until the completion of the final project audit as required by the Federal Grants Agency.
138
CITY COUNCIL AGENDA REPORT
REPORTS
AGENDA ITEM NO. L.1
DATE: October 17, 2023
TO: City Council
FROM: Emilio Ramirez, Housing Director, (805) 385-8094, [email protected]
SUBJECT: Approval of the Downtown Oxnard Improvement Association Annual Work Plan and Budget for Fiscal Year 2023-24. (10 minutes)
RECOMMENDATION
That the City Council approve the Downtown Oxnard Improvement Association annual work plan and budget for fiscal year 2023-24.
(This item did not originate in Committee.)
Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/hbaJIKRu5uU
BACKGROUND
The City is the largest property owner within the forty-block area that comprises the Downtown Oxnard business improvement district. The City also serves as the pass-through entity which levies the assessments for the district. In 2019, the organization that administers the funds collected from these assessments transitioned to become a 501(c)(3) Public Benefit Nonprofit Corporation, governed by elected volunteer Officers and Board of Directors incorporated as the Downtown Oxnard Improvement Association (DOIA).
On June 1, 2021, the City of Oxnard entered into a Management and Disbursement Agreement ("Agreement") with the Downtown Oxnard Improvement Association. The Agreement sets forth the terms and conditions by which it administers the programs and services of the Downtown Oxnard property-based business improvement district (“District”), which is funded through a special assessment on real properties located within the District boundaries. (See Attachment 1.)
Pursuant to Section 4.7.1 Reports, Work Plans and Budgets of the Agreement, the Downtown Oxnard Improvement Association is to prepare an annual work plan and budget in accordance with Section 36650 of the Streets and Highways Code, and Article XIII.D of the California Constitution.
If no structural changes are recommended to the assessment engineer’s report, which was adopted as part of the Management District Plan in 2019, the annual work plan and budget will be considered and approved by the City Council each year before December 1st as a condition of the management agreement and the bylaws. Such an action expresses the desired and continuing partnership between the City of Oxnard and the Downtown Oxnard Improvement Association.
The proposed improvements and activities include providing street, sidewalk, alley and parking lot cleaning; a public safety program; promotions and marketing; expansion of thematic physical amenities throughout Downtown; and other improvements and activities which benefit businesses and real property located within the District.
The City recognizes the importance of having a robust and thriving downtown, thereby sharing the goals and mission of this important community partner. The City is committed to working closely with the Downtown Oxnard Improvement 139
Association to continue to revitalize and enhance our historic downtown. With that in mind, it is recommended that the City Council approve the proposed budget and work plan for fiscal year 2023-24. The DOIA fiscal year is Dec. 1, 2023 - Nov. 30, 2024.
The Annual Work Plan
In the fiscal year 2023-24, the annual work plan was developed over a series of meetings held by the Downtown Oxnard Improvement Association committees that oversee each category.
Organization Administration
The Organization Administration committee oversees staff and day-to-day operations including insurance, finance, board policies, meetings, fundraising, and government relations.
The proposed projects include executing a successful District renewal campaign, providing educational opportunities to board members, increasing stakeholder communications, recruiting additional board members, making presentations to community organizations, hosting business networking events, conducting in-person merchant store visits, providing a “welcome packet” to new merchants, assisting with grand opening promotions, making check-in calls to all property owners, and developing a fundraising plan.
District Identity and Placemaking
The goal of the District Identity and Placemaking Committee is to enhance downtown Oxnard's brand, improve public perception, and position the district as a regional business and cultural attraction.
Proposed projects include marketing a new District logo, program a new monthly art walk, develop and execute a plan for year round activation of Plaza Park, promoting targeted business promotions and cultural arts assets, providing guidance to third party event organizers, reaching 12,000 followers on Instagram, commissioning three utility box art murals, installing street pole banners, and revitalizing 162 sidewalk planters.
Civil Sidewalks
The purpose of the Civil Sidewalks committee is to ensure that a clean and safe downtown is being maintained including store frontage, public parking lots, and alleyways. This committee also oversees the maintenance provider contract and relations with the Public Works and Oxnard Police departments.
Proposed projects include hosting monthly meetings with safe and clean stakeholders (Police Department, Clean Team, District Safety, and Homeless Services), conducting a stakeholder survey to identify priorities, collaborate with Oxnard Police to implement graffiti reduction strategies, continue monitoring and cleaning trash enclosures, organizing two volunteer district clean-up events and advocating for signs in public parking lots.
Land Use
The Land Use Committee oversees all issues related to parking, transportation, planning, zoning, new developments, and outdoor dining encroachments.
Proposed projects include collaborating with the City to produce a developer's fair, promoting available buildings and spaces downtown as investment opportunities, working with commercial real estate brokers and recruiting "destination- type" merchants.
For a full description of each committee's proposed projects, please see Attachment 2.
The fiscal year 2023-24 Operating Budget
As shown in the chart below, the budget is divided into four categories - corresponding with the four committee areas.
The DOIA budget is $591,161. Of note, the assessment engineer’s report provides no budget allocation for the Land Use 140
Committee, so the annual work plan correspondingly includes no budget for that category. No structural changes to the assessment engineer’s report are required.
The budget for Administration and Operations, $194,461, includes items such as the salaries and benefits of the executive director and administrative assistant, rent, utilities, insurance supplies, and all other items relating to the day-to-day operations of the organization. This year’s proposed Administration and Operations budget was increased to support consulting services needed in preparation of renewing the District, which is set to expire in December of 2024. In the table below, you will see this year’s Administration allocation exceeds the assessment engineer report’s allocation, specified in the Management District Plan. The Management District Plan allows for up to 10% of any budget line item be reallocated, subject to review and approval the DOIA Board of Directors and Oxnard City Council. Therefore, the action before you today would authorize the reallocation as part of the fiscal year 2023-24 work plan and budget.
The budget for District Identity and Placemaking, $85,700, encompasses advertising, banners, event production, printing, public art, website hosting, and holiday decor.
Civil Sidewalks is the committee that receives the largest portion of the budget, 52.61% or $311,000. The funds support maintenance and security contracts that enhance the District’s appearance and safety.
FY 2023-24 District Annual Work Plan Budget vs. Engineer’s Report Annual Work Plan FY 23-24 Allocation Engineer’s Report Allocation Civil Sidewalks 52.61% ($311,000) 56%
District Identity 14.50% ($85,700) 15%
Administration 32.89% ($194,461) 29%
Land Use 0% 0%
Total 100% ($591,161) 100%
Please see Attachment 3 for a copy of the complete operating budget for fiscal year 2023-24.
STRATEGIC PRIORITIES
This agenda item supports Economic Development strategy. The purpose of Economic Development strategy is to focus on the retention and expansion of Oxnard businesses by increasing the skills and employability of our local workforce, invite new business investments, and target site-based redevelopment opportunities.
FINANCIAL IMPACT
There is no direct fiscal impact to the City in approving this action. The adopted City budget includes $153,329.38 for the assessments associated with the public properties the City owns in the DOIA boundaries.
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Emilio Ramirez, Housing Director
ATTACHMENTS
1. DOIA Boundaries
2. FY 2023-2024 DOIA Work Plan
3. FY 2023-2024 DOIA Budget
4. Presentation
141
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W FOURTH ST
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S OXNARD BLVD
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“C” ST
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“C” ST
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E SIXTH ST
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REC
COUNCIL
CENTENNIAL
PLAZA
OXNARD
TRANSIT
CENTER
P
PLAZA
PARK
GULL
WINGS
MAP NOT TO SCALE
ODMD
BOUNDARY P PS
PUBLIC
PARKING
LOTS
PARKING
STRUCTURE
OXNARD DOWNTOWN MANAGEMENT DISTRICT
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Downtown Oxnard Improvement Association
Proposed FY 2023-24 Work Plan Outline
Downtown Oxnard Improvement Association | Work Plan Outline
Organization Administration
Lead the DOIA in representing the collective interests of district property owners, merchants, and residents. Comprised of the officers of the organization, the Organization Committee oversees staff, contract administration, finances, risk management, budget preparation, fund development, Board meeting agendas, bylaws and Board policies, community relations, government relations, and the annual election of Board members.
Projects:
► Plan and execute a successful PBID renewal campaign consisting of broad member outreach and focused one-on-one meetings with district property owners ► Provide inspiring Board development opportunities with Downtown-specific educational resources including IDA and CA Main Street Association events and publications along with general non-profit fiduciary training sessions
► Collaborate with community advocates and business organizations with complementary missions including the West Ventura County Business Alliance, Women’s Economic Ventures, INCF, Homeless Commission, Arts Commission, and Visit Oxnard ► Expand on the DOIA’s “coffee hour” open house events – schedule monthly and conduct more in-person outreach to increase participation; include a brief update on current downtown initiatives at each event
► Promote staff advancement by delegating more stakeholder engagement activities such as survey taking, public works communications, and events coordination. Provide competitive compensation and a rewarding work experience that helps to retain valuable trained personnel
► Complete collection and analysis of merchant survey
► Provide “welcome packet” to new downtown merchants and assist with their grand opening promotions
► Explore potential office relocation to Oxnard Transit Center to better promote business development and enhance presence on eastside Blvd and transit area ► Design a comprehensive Downtown sponsorship packet to solicit financial and in-kind support from major Oxnard-based companies
► Publish a visually dynamic and compelling annual report on the progress of revitalization efforts accomplished through the City-DOIA partnership
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Oxnard Downtown Improvement District
Proposed FY 2023-24 Work Plan Outline
Downtown Oxnard Improvement Association | Work Plan Outline
District Identity & Placemaking
District Identity and Placemaking is focused on enhancing Downtown’s image in ways that create deep community connections and make it an attractive place to live, work, and play. DIPM projects include branding, public relations, newsletters, special events, website development, social media, banners/outdoor advertising , streetscape enhancements such as landscaping, floral displays, holiday decorations, wayfinding, public art, maps, brochures, etc.
Projects:
► Roll out a new Downtown logo via promotional activities including an unveil event, online / social media campaign, outdoor signage, and branded merchandise ► Program a new monthly Art Walk in conjunction with the First Thursdays starting with a core of 4 – 5 participating venues and growing to 7 by year end ► Execute a Small Business Saturday Holiday pop-up marketplace ► Increase sponsorship of special events by third-party organizers that generate benefits for downtown merchants, as articulated in DOIA’s Event Sponsorship policy ► Formalize a partnership with City Planning, which embeds the DOIA into the Temporary Use Permit review process with respect to any downtown events to assure well-organized events through professional consultation and logistical support ► Develop and execute a plan for year-round activation of Plaza Park that supports positive community uses – ideas include a “Pop-up Dog Park Day,” “Locals Lunch al Fresco,” sports demonstrations, and other low-cost/high-value activities made possible through community partners and amenities including movable seating, umbrellas, games, etc. ► Surpass 12,000 Instagram followers by engaging local social influencers and producing new content features including “My Downtown Experience” vlogs, “Monday Memes,” “Throwback Thursdays,” “5 things to do this weekend”
► Create and distribute a rack card focused on cultural attractions. Place in hotels, restaurants, new housing developments, the Transit Center, museums, etc. ► Continue to update website content, merchants database, business opportunity listings, and events calendar
► Continue publishing monthly “dining & entertainment” e-newsletter and add content promoting downtown revitalization and new developments
► Commission 3 more Utility Box Art murals
► Design and install new, vibrant pole banner series along Oxnard Blvd medians ► Advocate for a Downtown-specific wayfinding signs design ► Complete the revitalization of the DOIA’s 162 sidewalk planters to include refreshing of the plant material and full cleaning and restoration of the concrete pots ► Partner on annual “Haunt in the Park” safe family Halloween event ► Expand the annual All-for-One Car Show to encompass 7 blocks of A Street ► Launch a cooperative promotional campaign powered by donated merchant gift cards to give away in engaging social media and live event contests 144
Oxnard Downtown Improvement District
Proposed FY 2023-24 Work Plan Outline
Downtown Oxnard Improvement Association | Work Plan Outline
Civil Sidewalks
The definition of Civil Sidewalks is a clean and safe public space, including store frontage, parking lots, and alleyways . The Civil Sidewalks Committee oversees maintenance and security provider contracts to maintain the public rights of way, including sidewalk sweeping, steam cleaning, and landscaping. It also manages relations with OPD and Public Works Department.
Projects:
► Continue monthly meetings with District Maintenance Services, OPD, District Safety, and Homeless Services, and other City department staff (as needed) to share information on areas of concern and coordinate on solutions and prevention strategies ► Solicit feedback from merchants to identify priority areas of concerns and to improve the efficacy of services
► Continue to monitor and clean trash enclosures to prevent illegal dumping and trespassing and maintain sanitary conditions. Administer trash enclosure key replacement service to assure merchants cooperate with source separating and securing enclosures ► Coordinate District Safety bike patrols, ambassadorship, and routine post orders to assure all areas of the district are receiving equitable attention ► Contract with the appropriate City department to cut metal tree grates to provide sufficient space for the tree bases to grow and fill in deep wells with organic material to prevent potential pedestrian liabilities
► Conduct bi-weekly district lighting audits to spot and report broken and malfunctioning streetlights for repair
► Organize two (2) volunteer district clean-up events
► In collaboration with OPD, implement strategies to tangibly reduce gang graffiti such as conducting periodic special patrol operations, rapid 311 graffiti reports and more ► Develop a CPTED strategy to discourage loitering (illegal conduct) at the Pagoda ► Advocate to the City for the replacement of missing and faded regulatory signage in public parking lots to prevent illegal camping
► Advocate for updating of security camera system at the parking structure to improve public safety perception, deter illegal activities, and protect City assets ► Coordinate a twice a year comprehensive downtown audit with Public Works staff to identify maintenance repair needs
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Oxnard Downtown Improvement District
Proposed FY 2023-24 Work Plan Outline
Downtown Oxnard Improvement Association | Work Plan Outline
Land Use
Studies and provides input on issues related to parking, transportation, planning, zoning, business permitting, review of new residential and commercial developments, and public space uses.
Projects:
► Collaborate with City Economic Development to produce a Developers Fair early in the first quarter of 2024
► Continue to promote downtown investment opportunities via communications with Commercial RE brokers, enhanced online “Available Property” page and strategic social media posts
► Be present at and participate in important City Council and Planning Commission meetings on issues that affect the downtown
► Step up recruitment efforts to bring in “destination-type” specialty merchants (eg. brewery, Lassen’s, candy shop, music store, pet supply, etc.) ► Update demographics data and reformat the DOIA business recruitment packet for electronic distribution
► Facilitate access to technical assistance and resources available through Cal State CI, SCORE, SBDC, EDC-VC, WEV, etc. by offering DOIA office space as a satellite consulting and training site
► Execute at least one “tactical urbanism” project to test drive a particular land use concept such as an arts collective space or pocket park
► Study the land ownership issues and opportunities at the 5-points gateway of Oxnard Blvd to try to attract investment that is consistent with the Downtown Vision Plan
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INCOME
PROGRAMS REVENUE FY 23-24
Carry Over Retained Earnings (projected cash balance on 12/01/23) 100,520 PBID Assessment (4% allowance for delinquent uncollected) 498,300 Rental Income (4 tenants sublease to DOIA) 19,150
Events Income (Summer car show) 13,000
Other Income -
TOTAL INCOME 630,970
EXPENSES
CLEAN PROGRAM
District Maintenance Services (staffing, overhead, supplies reimbursement) 236,000 TOTAL CLEAN PROGRAM 236,000
DISTRICT SAFETY
PSC Contract Contribution 75,000
TOTAL DISTRICT SAFETY 75,000
STREETSCAPE BEAUTIFICATION (PLACEMAKING)
Banners (C Street) 5,000
Utility Box Painting 1,500
Holiday Décor 25,000
TOTAL STREETSCAPE BEAUTIFICATION 31,500
IMAGE ENHANCEMENT (DISTRICT IDENTITY)
Advertising & Promotion 3,600
Creative Services (graphic design, video, copywriting) 36,000 Printing Production 3,000
Website Development and Social Media Management 600
Event Production 8,500
Sponsorship 2,500
TOTAL IMAGE ENHANCEMENT EXPENSES 54,200
PERSONNEL (ORGANIZATION)
Staff Payroll (Director and Program Coordinator) 111,880 Payroll Taxes 10,211
Workers Comp 2,200
Employee Benefits 6,000
TOTAL PERSONNEL EXPENSES 130,291
ADMINISTRATION (ORGANIZATION)
Space Cost (Rent, M&R, Utilities) 30,000
Office Operations (Telecom, Equipment Lease, & Supplies, Postage) 7,685 Insurance (Commercial Liability, D&O) 7,300
Organization Support (Accounting, Legal, Subscriptions, Education, Meetings) 5,135 PBID Renewal (Engineering services, collateral, outreach) 11,250 Fund Development (contract grant writing) 2,500
Miscellaneous Other Expense 300
TOTAL OPERATIONS EXPENSES 64,170
Total Income 630,970
Total Expenses 591,161
Retained Earnings / Carryover 39,809
FY 2023-24 BUDGET - PROPOSED
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Approval of Downtown Oxnard Improvement
Association Annual Work Plan
and Budget for Fiscal Year 2023-24
Emilio Ramirez, Housing Director
Housing Department
City Council
October 17, 2023
148
Background
2 • 2000 - City Council established
Oxnard Downtown Management
District (ODMD), a property-based
business improvement district
(PBID)
• City is largest property owner in 40
block district.
• In 2019 - ODMD became
501(c)(3), a public benefit nonprofit
corporation incorporated as
Downtown Oxnard Improvement
Association (DOIA)
• Renewed four times and
authorized until December 2024
149
Background
3 • City Council adopted a resolution to approve the levy and collection of assessments against lots and parcels of real property within the District annually
• City serves as the pass-through agency which levies the assessments for the District
• Mutual goals of having a robust and thriving downtown
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Downtown Oxnard Management and Disbursement Agreement
On June 1, 2021 City of Oxnard entered into Agreement with Downtown Oxnard Improvement Association (DOIA)
Purpose of this agreement: establish the contractual relationship between the City and the DOIA, and each of the parties’ responsibilities
4 Section 4.7.1 requires DOIA to prepare annual work plan and budget in accordance with Section 36650 of the Streets and Highways Code, and Article XIII.D of the California Constitution. City Council to approve each year before December 1st.
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Annual Work Plan and Budget
● Organization Administration
● District Identity and Placemaking
● Civil Sidewalks
● Land Use
5 Committee Structure
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Organization Administration
Oversees staff and day-to-day operations including insurance, finance, board policies, meetings, fundraising and government relations.
6 Proposed Projects:
• Execute a successful renewal campaign
• Provide educational opportunities to board
member
• Recruiting additional board members
• Host business networking events
• Merchant store visits
• Establish a volunteer program
• Check-in calls to all property owners
• Develop fundraising plan
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District Identity and Placemaking
To enhance downtown Oxnard’s brand, improve public perception, position the district as a regional business and cultural attraction.
7 Proposed Projects:
• Marketing new District logo
• Program a new monthly art walk
• Enhance the activation of Plaza Park
• Promote businesses and cultural assets
• Reach 12,000 Instagram followers
• Assist merchants with digital presence
• Commission 3 utility box art murals
• Install street pole banners
• Revitalize 162 sidewalk planters
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Civil Sidewalks
To ensure that a clean and safe downtown is being maintained including store frontage, public parking lots, and alleyways. This committee also oversees the maintenance provider contract and relations with Public Works and Oxnard Police.
8 Proposed Projects:
● Host monthly meetings with safe and clean stakeholders ● Provide outreach and connect unsheltered persons with local resources
● Monitor and clean trash enclosures
● Conduct stakeholder survey to identify priorities
● Host workshop for businesses on crime deterrence
● Organize two volunteer cleanups in the district
● Collaborate and implement graffiti reductions strategies ● Promote City’s waste disposal events
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Land Use
Oversees all issues related to parking, transportation, planning, zoning, new developments, and outdoor dining encroachments.
9 Proposed Projects:
● Produce a Developer’s Fair in conjunction with the City ● Collaborate with commercial real estate brokers
● Recruit “destination-type” merchants
● Assemble a business attraction packet
● Partner with Code Compliance to eliminate habitual violations ● Identify opportunities to enhance lighting
● Identify and promote local resources for businesses
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Fiscal Year 2023- 24 District Annual W ork Plan Budget
10 Annual Work Plan FY 23-24 Allocation Amount
Civil Sidewalks (maintenance
service contract, uniforms,
tools, supplies, and security
guard service)
52.61% $311,000
District Identity (advertising,
banners, event production,
printing, public art, website,
and holiday decor)
14.50% $85,700
Administration (salaries for
executive director and
administrative assistant, rent,
utilities, insurance, and
supplies)
32.89% $194,461
Land Use 0% $0
TOTAL 100% $591,161
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Recommendation
Staff recommendation:
That the City Council approve the Downtown Oxnard
Improvement Association annual work plan and budget for fiscal year 2023-24.
11 158
Questions?
159
CITY COUNCIL AGENDA REPORT
REPORTS
AGENDA ITEM NO. L.2
DATE: October 17, 2023
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Update on the Speed Hump Program (15 minutes)
RECOMMENDATION
That the City Council receive and file an update on the Speed Hump Program to include amendments to the Program’s eligibility criteria as outlined in this staff report.
(This item did not originate in Committee. This is a continuation of an item approved by Council on October 18, 2022.)
Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/E3mOfzPAEco
BACKGROUND
The City Council approved the Speed Hump Program on October 18, 2022. Since the Council approved the Program, staff has received 29 applications from citizens requesting speed hump installations on their streets.
The City’s Speed Hump Program has a two-step process to determine the eligibility criteria for speed hump installations. The first step is determining if a requested street meets the minimum criteria. The street must be residential or local, have an established speed limit of thirty (30) MPH or less, have an uninterrupted street segment of one thousand (1,000) feet or longer, have a paved width of forty-four (44) feet or less with no more than two (2) traffic lanes, and must not be an emergency service vehicle or commercial truck route. Of the 29 applications for speed humps received, 17 streets met the first-step eligibility criteria for the Program and were passed on for step two reviews.
During the step two review, staff conducted comprehensive speed hump evaluations of those 17 street segments based on the City’s Speed Hump Program criteria. These included collecting vehicle speed, and volume counts for three weekdays, reviewing three year’s worth of collision records, and conducting field inspections. The analysis criteria included the following:
• The sum of Daily Traffic Volume on a local or residential street must be more than five hundred (500) but less than two thousand (2,000) and
• The measured 85th percentile from the twenty-four (24) hour speed profile must exceed the established posted speed limit by nine (9) MPH or more, thirty-four (34) MPH or higher on a twenty-five (25) MPH road, thirty-nine (39) MPH or higher on a thirty (30) MPH road; OR five (5) or more speed-related traffic collisions within the last twelve (12) months of recorded data.
Of the 29 applications for speed humps, only one (1) street segment met all of the current Speed Hump Program eligibility criteria. Please see the attached letters that various applicants will receive.
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DISCUSSION
The intent of the Speed Hump Program is to provide staff with an opportunity to address speeding in residential streets when other primary efforts are not effective. Please see the attached staff report from October 2022 for detailed info about traffic calming opportunities other than speed humps; engineering, education, and enforcement options; and pros/cons of speed humps. The installation of speed humps is seen as a force-multiplier for enforcement (PD). Strategically placed speed humps can result in the mitigation of speeding within the range that is less likely to be ticketed by PD (usually 7-10 miles per hour over the speed limit for residential streets). This provides PD with the opportunity to address much more egregious speeding and traffic safety issues.
From the speed data collected at the 17 City streets that passed the original screening criteria, only one street’s 85th percentile speed is 34 MPH, which meets the current criteria in the Program of 9 MPH over the speed limit of 25 MPH. The 85th percentile speed on the four other streets is 32 MPH. This data trends towards not having egregious speeding issues in residential areas in Oxnard. However, speeding, even the perception of speeding, in residential areas is a quality of life issue. In an effort to be as aggressive as possible to provide a force-multiplier to PD, staff in the Transportation Division reviewed the data collected in this round against the original Program criteria. What staff noted was that the development of the City’s Speed Hump Program criteria was modeled after other cities in Ventura and Los Angeles County areas. The street networks in those cities are sub-division-type with long street blocks between intersections, which is different from most of the City of Oxnard’s street network with short street blocks. Streets with long street blocks tend to have higher speeds. As such, to be more in tune with Oxnard’s specific situation, staff has lowered the speed profile requirement in the Program to 7 MPH over the posted speed limit.
Evaluation of traffic collision data revealed that residential and local streets experienced low-speed-related traffic collisions. Based on the 17 streets reviewed, the highest speed-related collision report was one speed-related collision in 12 months. Having a collision history requirement that is too restrictive, tends to eliminate street segments that should be considered. As such, staff has modified the collision history criteria as noted in the table below.
Again, because of the lack of long residential collector-type streets in Oxnard, many residential or local streets in Oxnard experience more than 2,000 vehicles per day. Staff believes that they should have the opportunity to benefit from speed hump installations given the uniqueness of some of Oxnard’s residential developments. As such, staff has modified the volume requirements from the original Program. Please see the changes summarized in the table below.
The table below summarizes the Speed Hump Program criteria revisions:
Current Revised Explanation Average
Daily
Traffic
Volume
More than five hundred (500) and less
than two thousand (2,000) vehicles
per day.
More than 500 vehicles per
day.
Many residential and local streets
have more than 2,000 vehicles
per day.
85th
Percentile
Speed
• Nine (9) MPH over the speed
limit.
• Thirty-four (34) MPH on a
twenty-five (25) MPH street.
• Thirty-nine (39) MPH on a thirty
(30) MPH street.
• Seven (7) MPH over the
speed limit.
• Thirty-two (32) MPH on
a twenty-five (25) MPH
street.
• Thirty-seven (37) MPH
on a thirty (30) MPH
street.
More suitable for Oxnard’s street
network.
Speed-
related
collisions
Five (5) speed-related collisions per
twelve (12) month period.
Two (2) speed-related
collisions per twelve (12)
month period.
Residential and local streets
experience low-speed-related
collisions.
Modifying the Speed Hump Program eligibility criteria will allow more streets to meet the minimum threshold for speed 161
hump installation. With the changes made for the speed hump criteria, 4 additional street segments will be qualified for the next step in the Program.
STRATEGIC PRIORITIES
This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.
FINANCIAL IMPACT
There is no financial impact by receiving this report.
COMMITTEE OUTCOME
This item did not originate in Committee. This is a continuation of an item approved by Council on October 18, 2022 .
Prepared by: Debbie O'Leary, Transportation Planner
ATTACHMENTS
1. Speed Hump Program Staff Report October 18, 2022
2. Speed Hump Approval Letter
3. Speed Hump Denial Letter
4. Speed Hump Did Not Meet Letter
5. Speed Hump Program Table
6. Presentation
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CITY COUNCIL AGENDA REPORT
REPORTS
AGENDA ITEM NO. M.3
DATE: October 18, 2022
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Proposed Speed Hump Program. (0/15/15)
RECOMMENDATION
That the City Council:
1. Approve the proposed speed hump program as outlined in this staff report; and
2. Direct the City Manager or his designee to implement procedures to effectuate the Program as outlined in the staff report.
(Public Works and Transportation Committee approved 3-0 at a Special Meeting on September 17, 2022)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/n0- Fpo_MouA
BACKGROUND
The City receives numerous inquiries about speeding on public streets. These inquiries are usually accompanied by requests for stop signs and/or speed humps. Staff analyzes each request for stop signs and more often than not, the criteria set forth by the State of California Manual on Uniform Traffic Control Devices (CMUTCD) are not satisfied. Studies have shown that stop signs do not reduce speeds between intersections. In fact, CMUTCD strongly recommends against the use of stop signs to control speed and urges their use only as a tool to assign right-of-way at intersections. The interest in speed humps has increased in the past five years due to their increased use by agencies in the State and the exposure given to these speed humps by the media. The overwhelming majority of requests involve residential streets. The City of Oxnard does not currently have a program which addresses the use and installation of speed humps. A program will help define the issue, provide a systematic and engineering approach for review, establish priorities and funding needs, and provide a means for installation of speed humps.
The City received roughly 200 speeding complaints, mainly on residential streets, in a five-year period (from August 1, 2017 to July 31, 2022). When complaints of speeding are reported on a street, staff attempt to address the issue by conventional engineering means (i.e., additional signing and/or roadway striping). If these methods fail to mitigate the issue, or if these methods cannot be applied, selective speed enforcement is requested and conducted by the Oxnard Police Department.
It should be noted that a speed hump program was in place in Oxnard as early as 2005, based upon research performed by current staff. It is unclear of the overall program goals, procedures, or objectives because of the lack of information archived for the current staff to review. Old documents indicate that several speed humps were installed as a result of that program. Furthermore, archived documents indicate that staff understood that the program was halted in 2012 due to concerns with emergency response times expressed by the Fire Department. Additionally, documentation was found that a program was presented to the Transportation Policy Committee in 2017 and 2018 but it was never adopted by the City 163
Council.
This proposed program was reviewed at a special meeting on the Public Works and Transportation Committee (PWTC) on September 17, 2022. The public comments from and the written comments received for this meeting are attached. Additional information has been added to this staff report to address a common theme presented by the public at the PWTC meeting, namely other traffic calming options besides speed humps. Please see the attached flow chart for a general overview and the education, enforcement, or engineering comments below.
DISCUSSION
Currently, the City responds to neighborhood traffic concerns using the “three E’s”, education, enforcement, or engineering.
Education provides neighbors with information about how they as motorists can help to ease traffic impacts in their community through changes in behavior and attitudes, and informs them about neighborhood traffic management activities and opportunities. Following are some of the education tools:
Neighborhood council newsletters
Radar speed display signs
Neighborhood programs (e.g. Pace Setting programs)
Signage per Manual on Uniform Traffic Control Devices where appropriate Signage per Manual on Uniform Traffic Control Devices where appropriate
Enforcement enlists the assistance of the Police Department to focus enforcement efforts in key areas.
Engineering techniques may include physical changes such as:
Pavement markings
Roadway narrowing
Raised intersections
Traffic circles
Signage
Partial road closures
Median islands, and others
Other vertical or horizontal offsets
It should be noted that speed humps are typically one of the last options that are explored with regards traffic calming devices. While speed humps have merit in specific circumstances, there are disadvantages to them as noted in the staff report below. There are several other traffic calming opportunities, noted above in the Engineering techniques, which staff considers before exploring speed humps as an option.
Speed Humps vs. Speed Bumps:
Speed humps are suitable for streets and are typically shaped as parabolic, sinusoidal or circular and are 3 to 4 inches high. Humps create a gentle vehicle rocking motion that may cause some driver discomfort, which results in drivers slowing to approximately 15 MPH at the hump. If traversed at higher speeds, humps cause a jarring effect on the vehicle and its occupants. The primary purpose of speed humps is to lower speeds on residential streets.
Speed bumps, on the other hand, are commonly found in parking lots on private property and are typically abrupt and up to 6 inches high. Bumps cause significant discomfort at typical residential speeds. At speeds above 25 mph, bumps have less effect on vehicles with non-rigid vehicle suspensions which absorb the impact before the rest of the vehicle can react.
For vehicles with rigid suspensions, such as trucks, buses, emergency vehicles (fire engines, ambulances, police cars) and motorcycles, bicycles, etc. the risk of damage and/or injury increases with bumps.
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The Institute of Transportation Engineers (ITE) report and experience of other agencies determined that when properly designed and applied, speed humps have been found to be safe, effective devices when all other means have failed. It should be stressed that speed humps should only be considered when more conventional methods have failed to reduce speeds and increase safety (i.e., 3-Es: Education, Engineering, Enforcement).
Furthermore, advancements in technology have developed speed cushions and speed tables, which are specialized speed humps. The configuration of the speed cushions allow for emergency vehicles, such as fire apparatus with wide-axle set- ups, to straddle the vertical portions of a speed hump (see attached image). The speed cushion configuration results in less delay to emergency vehicles. Furthermore, in the correct situation, speed tables are a tool that can be deployed that allows for emergency vehicles to transition without a major reduction in speed (see attached image).
Effectiveness of Speed Humps:
Speed humps have been shown to reduce the travel speed of vehicles on residential streets. According to data provided by the ITE, studies indicate that the “85th Percentile Speed” decreased by six (6) to seven (7) miles per hour after speed humps were installed. However, travel speeds may also increase up to one (1) mile per hour between the speed humps.
Advantages of Speed Humps:
Reduced vehicular speeds
Reduced certain type of collisions
Possible reduction in cut-through traffic
Disadvantages of Speed Humps:
Increased emergency response time*
Increased noise
Impact to private vehicles (maintenance cost increase) Impact to public vehicles like trash trucks and fire trucks (maintenance cost increase) Increased speed between speed humps
Impact to parking, drainage, and street sweeping
Impacts to users of vehicles with disabilities (e.g. spine related disabilities) Reports of increased air emissions and increased gas consumption High capital cost
Requires long term funding for routine maintenance
Residents living on the block will be the ones driving over the speed humps most frequently Installation may require placement of the speed hump and/or warning signs in front of someone’s home
*Input from the Fire Marshall: there are response delay concerns. Namely, (1) modern fire growth curve doubles every 60 seconds; (2) the survival rate for cardiac arrest is estimated to be around 50% when CPR is administered within 3–5 min.
However, this survival decreases by 7–10% with each minute that defibrillation is delayed; and (3) speed cushions could be used to help minimize delays with large fire vehicles but not with ambulances or smaller response vehicles.
*Input from the Police Department (PD): there is potential delay in emergency response, however anticipate minimal impact with police vehicles. PD is supportive of speed humps as effective traffic calming devices, where data supports their installation. PD believes that a systematic process to request speed humps will reduce complaints coming to PD to assist with analysis. Also, PD believes that speed humps would reduce time spent doing directed enforcement at the problem location, allowing police resources to focus on other areas.
PROPOSED SPEED HUMP PROGRAM
Request Process:
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a. Applications for speed humps will be accepted from any resident, neighborhood council, school, or other entity whose property is abutting the requested street segment. b. If the street meets the minimum eligibility criteria, the Traffic Engineering Division will perform an in-depth traffic study of the area in question prior to making a determination. This process can take approximately two (2) months to complete. Once a determination is made by the traffic engineering division, the Applicant will be notified of the outcome by mail.
c. If approved to proceed, a map showing the proposed speed hump location will be mailed to the applicant along with Petition forms to be signed by designated area residents indicating support or opposition of the speed hump. It is the responsibility of the Applicant to collect the signatures by the date indicated on the response from the City.
d. Once the required signatures have been collected, a minimum of 67% (two thirds) of the designated residents (either owner or tenant), the Applicant shall then return the collected Petition Forms to the City for review and verification.
e. Completed applications will be reviewed and ranked according to the Criteria and Ranking System listed below.
Eligibility Criteria:
Traffic Engineering staff will conduct the necessary traffic engineering studies and determine the street's eligibility for speed hump installation based on the following criteria:
Minimum Criteria:
a. The street must be designated as a local road or a “residence district” as defined in the California Vehicle Code and may not be designated as a Major Arterial, an Arterial, a Minor Arterial, or a Collector. b. The street may not be designated an emergency service travel route or otherwise deemed ineligible by the Fire Department.
c. The street may not be designated as a bus or commercial vehicle truck route. d. The minimum length of the street or street segment under consideration for speed humps shall not be less than one thousand (1,000) feet, which is uninterrupted by stop signs or any other traffic control device. Speed humps will not be considered for installation on cul-de-sacs unless they have an uninterrupted street length of 1,000 feet or more.
e. The local street or residence district must have a paved width of forty-four (44) feet or less and have no more than two (2) traffic lanes.
f. The street must have an established speed zone of either twenty-five (25) or thirty (30) MPH; any street with an established speed zone of thirty-five (35) MPH or greater will not be considered. Established speed zones of thirty-five (35) MPH or greater serve as a Collector designation and will not be considered.
Analysis Criteria:
g. The sum of traffic volumes on the local street or residence district for both directions must be more than five hundred (500), but less than two thousand (2,000) vehicles per day. h. The measured 85th percentile from the twenty-four (24) hour speed profile must exceed the established posted speed limit by nine (9) miles per hour or more; OR there must be five (5) or more reported speed-related traffic collisions within the subject street segment during the last twelve (12) months of recorded data.
Ranking Criteria:
The City proposes to utilize a ranking system to determine priority based on need and resources available. The ranking will be separated into the six City Council Districts. Meaning, each Council District will have its own ranked list. The table below provides the breakdown of the scoring system. A street segment’s prioritization score is determined by summing the following factors:
Item Points
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1. Traffic Speed Percentage of vehicles traveling at or more than ten (10) mph over the posted speed limit on the proposed project street divided by two (2).
2. Traffic Volume Average daily traffic volume on the proposed project street divided by one hundred (100).
3. Traffic
Collisions
Two (2) points per collision that likely could have been resolved by the speed hump, based on collision records for the past three (3) consecutive years.
4. Schools
Five (5) points for each private or public elementary, middle, or high school within the area benefited by the proposed speed hump.
5. Other a) Five (5) points if a street has a sidewalk on only one side.
b) Twenty (20) points if a street does not have a sidewalk on either side.
c). Three (3) points for each pedestrian generator or attractor (such as a public park, public swimming pool, publicly accessible green way, etc.) within the area benefited by the proposed speed hump.
d) One (1) point for each bus stop within the area.
e) Five (5) points for each designated school crossing within the area.
f) Ten (10) points for each yearly funding cycle period that a project remains on the prioritized list without being ranked high enough for funding (max of three funding cycles).
The street segment with the higher-ranking score will be considered to have the higher priority, by Council District. The street with the earliest application date will have the higher priority among streets with the same ranking score.
Once a request is complete, fully processed, and placed on the list to be funded, locations that do not receive funding in the initial fiscal year, will automatically be considered in the subsequent funding cycles, for a maximum of three (3) additional fiscal years (three funding cycles). As noted above, additional points are added to completed requests should they not receive funding right away. If the funding is still not approved after the three (3) year reconsideration period, the request will expire. A new written application may be submitted subject to the steps in the speed hump program in effect at the time of the application. Each application requires a separate and independent evidence of support petition.
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 estimated cost for a speed study per location is $500. Estimated cost of design and installation of speed hump is approximately $25,000 (assuming 3-humps per segment). Maintenance cost is estimated at $500 per year per location for signs and markings.
No funding has been established for a speed hump program for Fiscal Year 2022-23. However, staff does anticipate that if the City Council approves the proposed speed hump program, staff will be requesting $50,000 per City Council District (for a total of $300,000 each year) each new fiscal year. This will allow for the installation of speed humps at the top two ranked locations in each Council District each Fiscal Year.
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Please note that some agencies allow private funding for speed humps but City staff is not recommending that process for Oxnard.
COMMITTEE OUTCOME
The Public Works and Transportation Committee approved 3-0 on September 17, 2022 to approve the staff recommendation and to forward the item for Council approval. The Committee asked to include the following elements to the Council Staff report: 1) Other strategies that staff consider in place of speed humps and 2) Written comments received and summary of residents who spoke at the Committee meeting.
Prepared by: Tatiana Arnaout, City Engineer
ATTACHMENTS
1. Example of Speed Table
2. Example of Speed Cushion
3. Key Steps-Speed Hump Program (flow chart)
4. Summary of Public Comments at 9/17/22 PWTC Meeting
5. Written Comments Received from Public on Speed Hump Program
6. Presentation
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SPEED TABLE
169
SPEED CUSHION
170
Speed Hump Program
Key Steps
Initial Complaint for
Speeding or
Cut-through Traffic
Engineering
Speed Study
Conducted
Petition Forms and
Proposal Sent to
Resident/Neighborhood
Ranked/Priority
Score
Request Form Received
Expressing Interest in
Speed Humps
Speed Study Indicates
Speeding Problem
Petition Returned with
67 percent
Affirmative/Verified
Add to CIP:
Speed Hump Project*
Final Design and
Construction
YES
YES
YES
NO Other Traffic Calming
Measures Suggested
NO
NO
Other Traffic Calming
Measures Suggested
Other Traffic Calming
Measures Suggested
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Subject: Bump
From: Felipe Castillo <[email protected]>
To: "[email protected]" <[email protected]>
Date Sent: Saturday, September 17, 2022 9:13:53 PM GMT-07:00 Date Received: Saturday, September 17, 2022 9:13:58 PM GMT-07:00 Creo que un lugar donde tener en cuanta poner bumps, o 4 stop es la esquina de bryce canyon y A st, muchos coches cruzan muy recio, siempre hay accidentes en sus salidas, hay muchos carros abandonados por los apartamentos que impiden el parking para muchos
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Subject: Speed Bump Residential Streets
From: Rachel Brown <[email protected]>
To: [email protected]
Date Sent: Saturday, September 17, 2022 9:55:43 AM GMT-07:00 Date Received: Saturday, September 17, 2022 10:10:58 AM GMT-07:00 Hello, I am working today and cannot attend but I live on south 3000 block of A St. We have a lot of close calls with speeding cars. We have pick up trucks and speeding cars every day. This street acts like a short cut from C street and saviers up to Channel Islands Blvd. If we can have a traffic survey I am sure you will see the hazards on this street. Maybe a traffic pattern change. The cars coming thru here are not the residents who live here. I have almost gotten run over many times as well as the kids on our block. Safety is a big issue. Paying our property taxes I feel that I should come home to a safe area and instead I am taking extra precaution because of these speeding cars. Something simple as a traffic barrier as this will help keeping out non residents barreling down our streets. Please take a look at this area. I am sure you will be astonished on how many speeding cars run our street. Exact address is 3051 S A St. It is a matter of time before someone is hurt or even killed on this street.
Thank you
Rachel Brown
Sent from my iPhone
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Subject: Public comment - 9/17/2022 Sp. PW and Transportation Committee Meeting From: liana campos <[email protected]>
To: "[email protected]" <[email protected]>
Date Sent: Friday, September 16, 2022 3:08:39 PM GMT-07:00 Date Received: Friday, September 16, 2022 3:08:44 PM GMT-07:00 City Clerk-
Below are comments for the Public comment - 9/17/2022 Sp. PW and Transporta on Commi ee Mee ng
Mayor, and Members of the City Council –
I would like to speak in support of addi onal speed humps within the City. The addi on of speed humps is only a small piece of a solu on that addresses the pedestrian safety issue within the City. There are other issues within the City that need analyzing such as the pain ng of red curbs and street ligh ng to increase visibility for drivers. Addi onally the safe placement of bus stops for pedestrian access should be evaluated.
In the staff report or within the Police or Fire pros/cons I did not see the considera on of tsunami inunda on zones. A por on of the City is located within these zones and should be considered with addi onal determina ons.
Liana Campos
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Subject: Speed Hump Program
From: 'Laura Araujo' via City Clerk <[email protected]> To: [email protected]
Date Sent: Thursday, September 15, 2022 4:25:51 PM GMT-07:00 Date Received: Thursday, September 15, 2022 4:25:57 PM GMT-07:00 To whom it may concern:
I write this email as a resident of the city of Oxnard but most importantly I write this as a concerned parent of two small children.
I reside on the stretch of East Elm Street near two churches, Church of the Nazarene and Embrace Church, also near Elm Elementary School.
There is a stop sign in front of Embrace Church and another stop sign in front of 311 East Elm Street. These stop signs are mostly respected but truly are only treated as a suggestion by drivers traveling through this street. Also the whole stretch of road, E Elm St, up until you reach the traffic light connecting it to Saviers Road is treated like a drag-race track.
Nearly six years ago there was a very unfortunate accident in which a truck ran into and apartment complex on E Elm St and Gisler Ave. Ever since such event there is police presence at that T-intersection. Very rarely will police presence be posted at the T-intersection of Montrose St and E Elm St. When police is available at or near the stop signs, that is the only time drivers will fully respect these stop signs.
I fear one of these days any child including my own or just any person in general crossing this street will be hurt due to drivers speeding. Therefore I believe this street will greatly benefit from having a few speed humps installed. I understand police presence cannot always be available to deter irresponsible drivers but can only hope if these speed humps are installed, conditions will improve. We cannot take the chance at waiting for someone to get hurt by drivers speeding down this street. We must act now.
Thank you for your time.
Laura
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Subject: Speed hump program
From: "faviola.fraire via City Clerk" <[email protected]> To: [email protected]
Date Sent: Thursday, September 15, 2022 8:54:44 AM GMT-07:00 Date Received: Thursday, September 15, 2022 8:54:51 AM GMT-07:00 Hello,
Thank you for putting on this important meeting. I live on J street northbound between Bard rd and Yucca st.
This is a one way street with a stop sign at Bard rd and a stop sign at Yucca st.
The distance between both stop sings is far too much which gives cars apple time to speed all the way through.
Cars definitely take advantage of the distance to drive at excessive speed limits through this residential area. I have lived on this street for 8 years now and the issue has just gotten far worse. I do not feel safe being outside with my kids knowing drivers always go above the speed limit.
I truly feel that a speed bump is very much needed on this street to reduce the speed of cars driving by. People should not be driving by like it’s a freeway. We must keep our kids safe. I am looking forward to listing to the meeting and I hope change is implemented. Thank you for your time.
Best ,
Faviola Navarro
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Subject: Speed Humps
From: Marcus Weise <[email protected]>
To: [email protected]
Date Sent: Monday, September 12, 2022 1:02:42 PM GMT-07:00 Date Received: Monday, September 12, 2022 1:02:58 PM GMT-07:00 Marcus Weise
5246 Driftwood St. #11
Oxnard CA 93035
Ladies and Gentlemen:
Please add me to the list of those in favor of installi9ng speed humps on local streets.
Thank you
Marcus Weise
Marcus Weise
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Subject: Speed Humps
From: D S <[email protected]>
To: "[email protected]" <[email protected]>
Date Sent: Monday, September 12, 2022 12:08:42 PM GMT-07:00 Date Received: Monday, September 12, 2022 12:08:45 PM GMT-07:00 City Council Members:
We are writing in support of speed humps at the corner of Ironbark and Lantana near Sierra Linda Park and School.
It is becoming even more evident these are needed, as anyone can see the tire marks left from cars doing "donuts" in the intersections.
Thankyou for your consideration,
Residents,
Debbie S
Alice T
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Subject: Speed hump
From: MJ C <[email protected]>
To: [email protected]
Date Sent: Monday, September 12, 2022 9:28:55 AM GMT-07:00 Date Received: Monday, September 12, 2022 9:29:11 AM GMT-07:00 How can I request to add a proposal for speed bump on Ash St Oxnard CA 93033 cars pass by here so fast and have crashed several times here is highly dangerous. They use this street like a short cut to avoid 5 points and cross to Oxnard Blvd they speed through here
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Subject: Concerned neighbor
From: christian willis <[email protected]>
To: [email protected]
Date Sent: Sunday, September 11, 2022 9:03:06 AM GMT-07:00 Date Received: Sunday, September 11, 2022 9:03:22 AM GMT-07:00 Good morning I hope this email finds you well,I reside in the area of Indigo Place at Lantana St.close to the 4 way stop sign.I can sit on my porch and watch as the majorty of the cars do not stop on a daily basis,a.lot of neighbors know when crossing to be extra careful due to this reason.Police will sit in plain view and they have no choice but to stop,but once there not in site its back to normal,no stopping.The lighting is not its best and certain stop signs are harder to view.We have also started to have a recent problem where people come to do burnouts in the same intersection day and night.They also tend to open up there engines down Indigo.Im all for speedbumps in the neighborhood,aswell as better lighting at the intersection of Indigo at Lantana 4 way stop,or solar powered blinking stop signs,just as the city of Port Hueneme has them.Thank you for considering. 2 / 3
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Subject: Speed Bump Program
From: 'Diana Cortez' via City Clerk <[email protected]> To: "[email protected]" <[email protected]>
Date Sent: Friday, September 9, 2022 10:22:54 PM GMT-07:00 Date Received: Friday, September 9, 2022 10:23:04 PM GMT-07:00 Hello,
I have been waiting for residential speed bumps in neighborhoods of Oxnard for quite some time now and I'm excited to see/hear of it finally happening. I propose speed bumps to be placed on Yucca Street, either between C Street and Saviors Road or between Saviors Road and J Street. The reason why I feel some are needed here is because this neighborhood/street is in the vicinity of a school. Therefore, there are many children of all ages that walk these streets. When cars are going 40 mph and up it does not feel safe.
It is a constant occurrence having driver's speeding on this street. Since there is a light signal on Yucca and Saviors driver's speed up to try and make the green light. It doesn't matter what time of day it is, they always speed up to get to the light signal. In placing speed bumps on this street I feel it would deter driver's from driving fast and the possibility of causing harm to others.
Thank you.
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Subject: Sierra Linda Neighborhood / Humps
From: 'Sergio Garcia' via City Clerk <[email protected]> To: "[email protected]" <[email protected]>,Gabe Teran <[email protected]> Cc: Art Padilla <[email protected]>, "D. G." <[email protected]>, James Rosier <[email protected]>, GRUMPY SEGOVIA Manuel <[email protected]>, Herbert Smith <[email protected]>, Federico Rodriguez <[email protected]>, A T <[email protected]>, Debbie Skupien <[email protected]>, Shirley Brown <[email protected]>, Dan Lechleiter <[email protected]>, Robert Valenzuela <[email protected]>, Abel / Lupe Tallez <[email protected]>, Edward Ramon <[email protected]>, mike Oakley <[email protected]>, Gabe Teran <[email protected]> Date Sent: Thursday, September 8, 2022 4:46:25 PM GMT-07:00 Date Received: Thursday, September 8, 2022 4:47:24 PM GMT-07:00 Sierra Linda Neighborhood
2114 Ironbark Dr.
Oxnard, Ca, 93036
(805) 415-6648
[email protected]
8th September 2022
Oxnard City Clerk
Rose Chaparro
300 w. Third st.
Oxnard
Speed Hump Program,
Sierra Linda neighborhood welcomes the Idea of Speed humps in our community. This has been a topic for decades in our neighborhood meetings. The Sierra Linda elementary school is the biggest concern located in our neighborhood at the corner of Ironbark Dr. and Gladiola st.
Lantana st. and Ironbark dr. are the main longest streets where vehicles speed beyond the limit of 25mp because they stretch at least ¼ mile before any stop sign. Any neighborhood that has a City Park or an Elementary School in their neighborhood should have speed humps to protect the public and slow down speeders 24/7
Sincerely,
Sergio Garcia Sr.
Sierra Linda Chair
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Subject: Public comment
From: Chris Holden <[email protected]>
To: [email protected]
Date Sent: Tuesday, September 6, 2022 6:49:05 PM GMT-07:00 Date Received: Tuesday, September 6, 2022 6:49:17 PM GMT-07:00 I did not realize I needed to get permission to call in. I would like the opportunity to address the dangerous speeds I witness on Glenwood Drive between F street and C street along with the 4 way stop on C street and Glenwood intersection.
Looking forward to hearing from you
Christopher Holden
This is a staff email account managed by Oxnard Union High School District. This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the sender. 2 / 12
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Subject: Speed hump program comment
From: Heather D'Anna <[email protected]>
To: [email protected]
Date Sent: Tuesday, September 6, 2022 5:51:49 PM GMT-07:00 Date Received: Tuesday, September 6, 2022 5:54:04 PM GMT-07:00 Hi
I highly support the speed hump program. I am really excited to see this program being proposed. I hope that the large speed humps 8-12” tall and narrow are installed. Cars must really go slow over these. Traditional speed humps such as those in Silver Strand still allow cars to drive over them at a decent speed and are only slightly effective.
Thank you
Heather
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Subject: speed hump program workshop
From: Chris Holden <[email protected]>
To: [email protected]
Date Sent: Tuesday, September 6, 2022 3:21:38 PM GMT-07:00 Date Received: Tuesday, September 6, 2022 3:21:50 PM GMT-07:00 Hello, I am a lifetime citizen of Oxnard and I currently reside at 417 Glenwood Drive in oxnard. I have been in contact with my city for the past several months because I feel there is a major traffic issue with cars speeding down Glenwood Drive between F street and C street.
I honestly feel the only way that this problem can be mitigated is by installing speed humps on Glenwood. This street is long, straight, and wide and people drive upwards of 40-45 miles an hour on this residential road all day and night.
I am unable to attend the in person meeting on these issues at city hall but I hope that my input will be heard. I am scared that one of the many young children that now live on Glenwood will be injured one day by one of these speeding cars.
Thank you for your time and consideration.
Christopher Holden
This is a staff email account managed by Oxnard Union High School District. This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the sender. 4 / 12
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Subject: Speed bump
From: PS <[email protected]>
To: [email protected]
Date Sent: Sunday, September 4, 2022 12:10:16 AM GMT-07:00 Date Received: Sunday, September 4, 2022 12:10:31 AM GMT-07:00 I live at a corner house of F Street next to curren school. I see the traffic passing though there should be a speed bump or a stop sign.
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Subject: Public Comment: Speed Hump ProgramFrom: Eric <[email protected]>To: [email protected] Sent: Friday, September 2, 2022 8:36:44 AM GMT-07:00Date Received: Friday, September 2, 2022 8:37:16 AM GMT-07:00 Hi,
Just wanted to add my 2 cents to the speed hump program. We moved here from L.A. last year. Our last neighborhood was horrible withspeeders, so I first asked for more stop signs and the City refused. I then applied for and got speed humps. What a nightmare.
1. The speed humps did not stop people from speeding, once they were installed, the cars just flew over the top of them making loudimpact noises. Trucks loaded with equipment were even worse. We had a speed hump adjacent to our house and when trucks would goover it at high speeds, it made our whole house shake like an earthquake. I have video of the cars speeding right over the tops of thehumps if you need to see it.
2. I don’t know what height Oxnard has approved for speed humps, but the ones L.A. puts in are not high enough to deter speeders. Theyalso were not marked clearly enough with paint on the street and with enough signs on the road to warn people that they were there.
3. You need to consider American’s with Disabilities problems. People with many disabilities including spinal column issues, have areal problem with speed humps. Even normal back issues are problematic for people going over speed humps sometimes. Speed humpsalso can cause delays for ambulances, police and fire trucks. Response times are increased 10-15 seconds per hump.
4. Speed humps have been know to damage cars especially cars like Corvettes.
5. Speed humps often lower the speed limit to less than the posted neighborhood speed. If a neighborhood is rated for 25 mph, why is itnecessary to slow them down to 15 mph over a speed hump? After the speed humps were installed and we proved they didn’t stop speeders, the City of L.A. THEN decided to change the stop signs,which was a bigger deterrent to the speeding. Sure, people still run stop signs, but we found that more people at least approximated a stopthan slowed down for a speed hump. I’m enclosing an article below with more information.
Speed humps don’t really work. What scientifically WORKS are roundabouts, but when I wrote in and asked about that option, Oxnardshot me down.
Eric Andrist155 S G Street
Why Municipalities are Moving Away from Speed Humps
as a Traffic Calming Solution
TRAFFIC-CALMING TRENDS: Antiquated, Knee-Jerk Response to Speeding Drivers Now Being Rejected Around the World
Every day, municipalities, HOAs and school districtsacross the nation face problems with speeding drivers.For decades, speed humps were the only traffic-calming solution available. Today, the antiquatedspeed hump—a traditionally popular solution tospeeding drivers—has become a controversiallightning rod in conversations involving traffic-calmingsolutions coast-to-coast and around the world. 6 / 12
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Contemporary wisdom now recognizes the shortcomings of and frustrationsassociated with speed humps. Media report that speed humps:
Are expensive to install and expensive to maintain—Speed humps can cost$4,500 to $7,500. [Source: The Washington Post, Sept. 9, 2008]Interfere with response times of emergency vehicles—Each speed hump costsfire trucks ten seconds in response time. [Source: ABC Orlando/WFTV, Jan.28, 2010; and Fire Capt. Jeffrey Martin, St. Petersburg Times, Feb. 2, 2008;and the Tampa Tribune, Sept. 20, 2008]Reduce property values—Prospective homebuyers reject home sites nearspeed humps. [Source: Tampa Bay Online, Sept. 30, 2009]Increase noise levels—Speed humps usher in a constant barrage of scrapingcars and engines revving over the humps. [Source: Tampa Bay Online, Aug.12, 2009] Increase wear and tear on residential and commercial vehicles—Speedhumps are a source of excessive wear on tires, brakes, suspension systems,shock absorbers and rattle dashboards. [Source: The Natchez Democrat, Oct.28, 2009] Expensive to remove—Municipalities, under pressure by citizens and enforcedby the courts, have been forced to remove speed humps at great expense totax payers. [Source: Tampa Bay Online, Sept. 30, 2009]Increase air pollution—On roads with speed humps, carbon monoxideemissions increase by 82 percent, carbon dioxide emissions double andnitrogen oxide increases by 37 percent. [Source: BBC.com, April 22, 2009] Reduce fuel efficiency and increase gas consumption—By forcing drivers tobrake and accelerate repeatedly, speed humps will cause a car that normallythat gets 58.15 mpg travelling at a steady 30mph to deliver only 30.85 mpg.[Source: BBC.com, April 22, 2009] Additionally, some have observed that speed humps do not change driver behaviorand encourage other dangerous driving behaviors, such as going “off road” toavoid the humps.
Situation Analysis:
In 2008, in Hillsborough County, Florida some of the Carrollwood community facedsignificant traffic-calming dilemmas. Dangerous driver speeds had caused theroads to become unsafe for pedestrians, cyclists and other drivers. In response,the county invested $2 million in hundreds of speed humps, cushions and otherdevices. Within a short period of time, complaints about the speed humps began topour in from residents, tourists and emergency responders who demanded a bettersolution. 7 / 12
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As documented in the final “Neighborhood Traffic Calming Arbitration” report,Carrollwood Village residents expressed specific concerns and requests related tothe speed humps:
“Traffic calming could have been better controlled in a more cost-effectivemanner through the use of speed limit flashing signs that note the speed inwhich the car is approaching. The speed bumps are excessive; promoteunnecessary cost for continued maintenance and, over time, cause wear andtear on car alignment and shocks.” T.B.“… (the speed hump) creates an unacceptable delay in emergencyresponse…” K.K.“Speed humps cause damage to automobiles and increased noise from.” M.F.“Safety, fire hazards—Noise pollution. Horrendous disfigurement of theneighborhood. Get rid of all of them. Use electronic feedback signs.” N.K. “My brother’s death could have been the result of four speed bumps.” W.C.“Speed bumps are irritating and upsetting and painful. It’s the same as goingover chuck holes. Speed bumps make traffic speed unpredictable as somevehicles don’t slow down.” D.C.“Numerous speed humps and tables slow down response time to emergencyvehicles[and subject automobiles to]obstacles which contribute the excessivewear and tear to my vehicles.” L.B.
The controversy was settled legally in 2009 when arbitrators ruled that about one-third of the newly installed speed humps should be removed. The result:Hillsborough county has spent at least $200,000 to remove the speed humps inCarrollwood Village alone.
Resolution:
Time and technology have eclipsed the traditional fix. Residents and communityleaders—armed with online access to information and vendors—expect anddemand an improved solution that could accommodate a broad range of needs.
In addition to speed hump removal, the arbitration report also recommended theinstallation of additional driver feedback signs—a solution that had been part of theoriginal plan but delayed due to the controversy. With some 40 driver feedbacksigns to be installed within a beautiful residential setting, cost and aesthetic appealbecame primary considerations. Local community leaders Libbie Jae and JenniferFritch spearheaded the search for a cost-effective and attractive solution. “Driver feedback signs are subtle but very effective reminders to drivers without allthe noise and disruption of speed humps, which have been quite divisive,” saysLibbie Jae. “Radarsign offers a great solution that answered all of our needs: Notonly are the signs silent and attractive, they are also very affordable and the solar 8 / 12
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power option makes them a green solution. I just see Radarsign as a win-win allthe way around.” Related Stories:
April 2010, Columbia News Service: Millburn Township in New Jersey is forcedto remove five of eight speed humps. Taxpayers estimated to foot the loss of$8,000 in installation costs plus removal fees. https://www.radarsign.com/why-municipalities-are-moving-away-from-speed-humps/ Speed Humps Face a Roadblock
BY CHRISTIAN YARNELL April 13, 2010
After a 19-year-old died last October in a single-car crash in the wealthy suburbantownship of Millburn, N.J., many of the town’s 20,000 residents demanded action toreduce speeding on local roads. A few weeks after the accident, the township’spublic safety committee met and quickly decided on a solution. Traffic-slowingspeed humps were installed at eight different intersections around town, includingon Glen Avenue, home to Millburn’s busy train station, which is wheremany commuters to New York City begin their trip.
While town officials claim the decision was in the works for a while, it seemedmeant to satisfy residents alarmed by the accident. But it also triggered vocalopposition, leading to a tense public debate about traffic problems.
Around the country, cities and towns worried about pedestrian safety and fed upwith speeding cars on residential streets have increasingly turned to speedhumps. Speed humps are like speed bumps at malls and in parking lots, but theyare lower and therefore have a little less oomph. They are raised areas ofpavement typically 12 to 14 feet in length and 3 to 4 inches high.
The humps are just one type of traffic-calming measure, which include trafficcircles and electronic signs that display the speed of passing cars. Studies showthat the humps do help lower traffic speeds. “We don’t have anything elseas effective,” said Scott Batson, an engineer for the city of Portland, Ore., whichhas some 1,100 humps. 9 / 12
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But as much as the humps please safety advocates, many residents in townswhere they have been installed are equally frustrated by their unintendedconsequences, which range from inconvenience to increased noise to slowing theresponse time of fire trucks and ambulances.
Studies show that speed humps lower car speeds by 20 to 25 percent, accordingto the Institute of Transportation Engineers. The ITE also says that streets wherespeed humps have been added experience 13 percent fewer collisions and anaverage of 18 percent less traffic, depending on the alternative routes available.While research shows that lowering speeds generally reduces traffic fatalities, saidLisa Fontana Tierney, traffic engineering senior director at the ITE, there is no goodevidence that speed humps actually save lives, because they are used on localroads, not highways, where fatalities are more common.
But advocates argue that the humps are ideal for local roads near highways, wherethere is a need to get drivers to slow down. “Speed humps are a great way to takepeople out of the highway mode that they’re in,” said Wiley Norvell, a spokesmanfor Transportation Alternatives, an organization in New York City that advocates forpedestrians and cyclists.
Local officials from places as disparate as New York City and Cobb County, Ga.,have used speed humps to control traffic. Some cities, like Modesto, Calif., have aformal speed hump policy that allows residents to request humps by collecting acertain number of signatures. Paying for installation and upkeep can sometimes bea challenge. Memphis, Tenn., announced in December that it would allowneighborhoods that want speed humps to pay for them themselves because thecity does not have enough money to keep up with demand.
But in many places, there has been a strong backlash against the installation of thehumps. “It is an issue with emergency responders,” said H. Gene Hawkins, aprofessor of civil engineering at Texas A&M University and an expert ontraffic control devices. The ITE estimates that each hump costs fire trucks up to 5seconds, and ambulances up to 10 seconds. Hawkins said that manufacturerswere trying to create specialized speed humps with grooves that wouldallow wider-wheeled emergency vehicles, but not cars, to avoid the hump’simpact.
Some residents also complain that speed humps increase noise and are just plainugly. Craig Ott, 63, who has lived in Millburn for 28 years, said he was concernedabout speeding cars near his house but thought putting in speed humps was thewrong solution. He has campaigned against them and believes that electronicradar signs would make more sense. “You come down that road at night, and it 10 / 12
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looks like you’re pulling into a hazardous waste place with all the warningsand colors,” he said.
Lezette Proud, 82, who has lived in part of Millburn Township since 1955, said thenoise bothered her. “When you’re lying in your bed at night and the cars go overthem, they go ‘kathunk,’” Proud said.
And of course many drivers do not like speed humps because they do preciselywhat is intended: force cars to slow down. Driving over them too fast can damagevehicles. Avoiding them lengthens drives and is inconvenient. “Generally, we’re opposed to traffic calming measures,” said James Baxter,president of the National Motorists Association, which advocates for drivers andgot its start in the 1980s in the fight against the 55-mph national speed limit. Baxtercomplained that drivers most affected by speed humps are often the leastorganized, since they frequently do not live in the communities where the humpsare installed. “It’s a case where the squeaky wheel gets the grease,” he said. Andtoo often, community residents are effectively just “trying to divert traffic tosomeone else’s street,” he added.
Opponents have pushed back in many communities. Bowling Green, Ky., decidedin December to stop building speed humps in the wake of the public outcry againstthem. Officials in Hillsborough County, Fla., had to bring in anindependent arbitrator last year to referee the argument between pro-hump andanti-hump residents in a Tampa suburb. An editorial in the St. Petersburg Times inDecember argued against the growing use of traffic calming measures, saying,“Our public streets, built to provide access and easy movement of traffic, are beingturned into obstacle courses.” Experts agree that speed humps are not a panacea and need to be designed byexperts to be effective. “Where you get someone who’s not a traffic engineersaying, ‘Let’s put in something that will slow the traffic down,’ that’s when youget into trouble,” said Hawkins, the Texas A&M professor.
In fact, local residents are usually the driving force behind the installation of speedhumps. “These are always reactive kinds of projects,” said Batson, the Portlandengineer. While some residents push for the humps, a minority is usually opposed,Batson said. Portland addresses the potential conflict by requiring residents to votebefore they are installed.
Such a vote might have saved Millburn a lot of trouble and expense. On March 16,after much public opposition to the humps and an investigation that found they 11 / 12
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violated the state’s design recommendations, Millburn’s townshipcommittee decided to remove five of the eight new humps. The $8,000 installationcost was lost. “There needs to be community input beforehand,” said Timothy Gordon, Millburn’sbusiness administrator, when asked what advice he would give to other townsconsidering speed humps. “If we made one mistake, that was probably it.” https://www.radarsign.com/wp-content/uploads/2017/09/4-13-2010.Speed-Humps-Face-a-Roadblock.Columbia-News-Service.RS-1.pdf 12 / 12
193
Summary of Public Comments
from September 17, 2022 Public Works and Transportation Committee Meeting
1. Sandy Dias, Vanderbilt Drive & Villanova Avenue:With a neutral stance, Ms. Dias was doubtful this would be the right solution. Maybe othertechnology or roundabouts could be a better solution. (She mentioned off topic that peopleignore stop signs and that one of the problems are the drivers themselves)
2. Cindy Hoekstra, Glenwood Neighborhood:Ms. Hoekstra had a mostly positive response appreciating the detail of the presentation. Shewould like alternative options to be explored and simply wants safety.(She mentioned off topic that she wanted to hear other traffic calming options)
3. Miguel Fernandez, Strawberry Fields Neighborhood:Mr. Fernandez is positive about the implementation of speed humps. He believes hisneighborhood is a good candidate for speed humps due to constant speeding drivers and hadthe idea to implement Speed humps mid-block where fire hydrants are located.
4. Steve Nash, Downtown:Mr. Nash had a somewhat positive response regarding speed humps. He believes that beyondspeed humps, the downtown area should have signals at all intersections & RRFB crosswalks.
5. Raylene Ontiveros, Ironbark Drive:Positive reception with speed humps given the proximity to a school and near misses she haswitnessed in her neighborhood. She believes that this will help curb speeding drivers. She wouldlike to have the speed humps located on specific streets with high volume school traffic.
6. Tony Hernandez, Fournier Street:Mr. Hernandez welcomes speed humps in his neighborhood. He requested that 5 be placedevenly spaced in his street given the excessive speeders that have persisted over the years. 194
Proposed Speed Hump Program
City Council
October 18, 2022
Tatiana Arnaout, P .E.
City Engineer
195
That the City Council:
1. Approve the proposed speed hump program as
outlined in this staff report; and
2. Direct the City Manager or his designee to implement procedures to effectuate the Program as outlined in
the staff report.
RECOMMENDATION 2
196
Why consider a Speed Hump Program?
• Speeding and/or cut-through traffic on residential streets • One of many traffic calming tools
• Significant amount of requests (Roughly 200 over 5-year period) • Define an engineering approach for implementation
• Establish priorities
• Part of the traditional three E’s for traffic calming BACKGROUND 3
197
• Enforcement (examples):
• Traditional Enforcement: City Police officer
• Automated Enforcement (Radar and Photo)
• Education (examples):
• Speed Trailers and Speed Feedback Signs
• Public Awareness Programs
• Neighborhood programs
• Pace setting programs
• Engineering (examples):
• Signs and pavement markings
• Vertical/horizontal Deflections
• Street Width Reduction
THREE E’s (Enforcement, Education, and Engineering) 4
198
• Speed Humps
• Used on public streets in residential areas
• Typically 12 feet wide and between 3 to 4 inches high • A set of speed humps (usually 3) are installed to get better reduction in speeding
• Speed Bumps
• FHWA/ITE do not recommend them on public streets
• Typically abrupt and up to 6 inches high
• Usually found in shopping centers, apartment
complexes, and other private properties
SPEED HUMPS VS SPEED BUMPS 5
199
Considered only after other options (enforcement and other traffic calming tools) have been reviewed and implemented
What can they do?
• Act as devices in reducing speeding in residential neighborhoods • Modify cut-through traffic patterns
What can’t they do?
• Should not be placed on high volume roads (arterial, collectors) • Humps have to be used as set (usually 3) to be effective • Humps should not be installed on streets where there are known drainage/flooding issues
SPEED HUMPS 6
200
Previous City Efforts:
• Speed hump program was in place as early as 2005
• Unclear of the program goals and objectives due lack of information archived
• Archived information indicates, program was halted due to the concerns in emergency vehicle response times expressed by the Fire Department
• Documentation was found that a program was presented to the Transportation Policy Committee in 2017 and 2018 but it was never adopted by the City Council
MORE BACKGROUND 7
201
EXAMPLES 8
BC
D
A
C
202
PROS:
• Reduced vehicular speeds
• Reduced certain type of collisions
• Reduction in cut-through traffic
PROS and CONS of SPEED HUMPS 9
203
CONS
• Increased emergency response time
• Increased noise
• Increased speed between humps
• Increase $ for maintenance public/private vehicles
• Impact to drainage, parking, and street sweeping
• Residents living on the block will be the ones driving over the speed humps most frequently • May require placement of the speed hump and/or warning signs in front of someone’s home • Social/economic - fuel consumption; ADA impacts
• May move the “problem” elsewhere
• High cost for installation
• Long term and routine maintenance $
PROS and CONS of SPEED HUMPS 10
204
• Process - City staff and neighborhoods
• Eligibility Criteria -
Minimum:
• Traffic volume between 500 and 2,000 vehicles per day • Residential street with posted speed limit of 25 mph or 30 mph • Street shall be a minimum of 1,000 ft in length.
Analysis
• 85% Speed must be 9 mph over the posted speed limit or 5 or more collisions resulted from vehicular speeds in a 12-month period
• Review/Approval by Fire/PD
PROGRAM KEY ELEMENTS 11
205
Continued:
• Neighborhood Petition Signed by 2/3rds
• Designated residents (owners or tenant)
• Ranking/Prioritization
• Council Districts
• Valid for three years
– Will be consider in three funding cycles
– Ranking points added each cycle not funded
– Will expire after three funding cycles
– Require new written application/petition
PROGRAM KEY ELEMENTS 12
206
POLICY KEY ELEMENTS 13
Initial Complaint for
Speeding or
Cut-through Traffic
Engineering
Speed Study
Conducted
Petition Forms and
Proposal Sent to
Resident/Neighborhood
Ranked/Priority
Score
Request Form Received
Expressing Interest in
Speed Humps
Speed Study Indicates
Speeding Problem
Petition Returned with
67 percent
Affirmative/Verified
Add to CIP:
Speed Hump Project*
Final Design and
Construction
YES
YES
YES
NO Other Traffic Calming
Measures Suggested
NO
NO
Other Traffic Calming
Measures Suggested
Other Traffic Calming
Measures Suggested
*timing shall be based on available
funding and overall prioritization
207
RANKING 14
Item Points
1. Traffic
Speed
Percentage of vehicles traveling at or more than ten
(10) mph over the posted speed limit on the
proposed project street divided by two (2).
[40 points maximum]
2. Traffic
Volume
Average daily traffic volume on the proposed
project street divided by one hundred (100).
[twenty (20) points maximum]
3. Traffic
Collisions
Two (2) points per collision that likely could have
been resolved by the speed hump, based on collision
records for the past three (3) consecutive years. [20
points maximum]
208
RANKING (cont’d) 15
Item Points
4. Schools Five (5) points for each private or public elementary, middle, or high school within the area benefited by the proposed speed hump.
5. Other a) Five (5) points if a street has a sidewalk on only one side. b) Twenty (20) points if a street does not have a sidewalk on either side.
c). Three (3) points for each pedestrian generator or attractor (such as a public park, public swimming pool, publicly
accessible green way, etc.) within the area benefited by the proposed speed hump.
d) One (1) point for each bus stop within the area.
e) Five (5) points for each designated school crossing within the area.
f) Ten (10) points for each yearly funding cycle period that a project remains on the prioritized list without being selected for funding.
209
Estimated Cost:• Speed Studies: $500* per location• Design and Construction: $25,000* including signs/markings• 3 speed humps per segment on average• Maintenance: $500*/year/location General Fund:• Fund by Council District ($50,000* per District)• One or two locations per District per year• $300,000* Private Funding (not recommended by Staff):• Exists in other agencies• Can create equity issues*2022 Costs FUNDING 16
210
• City Departments
• Police
• Fire
• Streets Maintenance
• Environmental Resources
• City Attorney’s Office
• Public Works and Transportation Committee
• September 17, 2022
• Approved the staff recommendation (3-0) and forwarded the item for City Council approval
• City Council Meeting
• October 18, 2022
DRAFT PROGRAM REVIEW PROCESS 17
211
Fire Department:
• Response delay concerns
• Modern fire growth curve doubles every 60 seconds
• The survival rate for cardiac arrest is estimated to be around 50% when CPR is administered within 3–5 min. However, this survival decreases by 7–10% with each minute that defibrillation is delayed
• Speed cushions could be used to help minimize delays with large fire vehicles but not with ambulances or smaller response vehicles Police Department:
• Potential delay in emergency response, however anticipate minimal impact with police vehicles
• Support speed humps as effective traffic calming devices where data supports their installation
• The systematic process to request speed humps reduces complaints coming to PD to assist with analysis
• Speed humps would reduce time spent doing directed enforcement at the problem location, allowing police resources to focus on other areas
COMMENTS FROM FIRE AND POLICE DEPARTMENTS 18
212
QUESTIONS
19 213
PublicWorksDepartment305WestThirdStreet,EastWing, ThirdFloorOxnard,California93030Tel805.385.8280 September, 2023APPLICANTADDRESSSubject:SpeedHumpRequestDearApplicant,Thankyouforsubmittinga speedhumpapplicationforSTREETSEGMENT. InaccordancewiththeCity’sSpeedHumpProgram,thePublicWorksDepartmentTrafficEngineeringdivisionhasdeterminedthatspeedhumpsareeligibleto beinstalledontheabove-referencedstreetsegmentbasedona comprehensiveevaluationofspeed,volume,andspeed-relatedcollisiondata. ThisincludesareviewbytheFireDepartmentandPoliceDepartment.
TheCityofOxnardspeedhumpprogramcriteriarequirethata supermajorityoftheaffectedresidentsmustshowsupportforthespeedcushionsbeforeinstallationcanbeauthorized. Tothisend,wehaveenclosedanofficialpetitionandinstructionformsforyouruse.Inaddition,thelistofaddressesofaffectedresidentsforpetitionsandamapoftheproposedspeedhumplocationsonyourstreet.
Uponcompletionofthepetitionprocesswiththesupportofthesupermajorityoftheaffectedresidents,theCitywillschedulespeedhumpinstallationwithinthesubsequentsixmonths.
Shouldyourequireadditionalinformationregardingthiscorrespondenceortheattachedforms,contactJoseRivera,at(805)[email protected] Sincerely,
MichaelWolfe,P.E.DirectorofPublicWorksEnclosures:SpeedHumpPetitionInstructionsSpeedHumpPetitionformAffectedresidents’addressesProposedspeedhumplocationmap cc:JoseRivera,AssistantTrafficEngineer
214
Public Works Department
305 West Third Street, East Wing, Third Floor
Oxnard, California 93030
Tel 805.385.8280
September, 2023
APPLICANT
Subject: Speed Hump Request – Street Name and Segment
Dear Applicant:
Thank you for submitting a speed hump application. In accordance with the City’s Speed Hump Program, the City has conducted a comprehensive speed hump evaluation for the subject street segment using the city speed hump criteria (att ached). This evaluation includes three-weekday traffic volume and speed counts, a review of co llision records for three years, and a field investigation. The following tabl e shows the results of the colle cted speed, volume, and traffic collision data and in comparison, to the City’s speed hump criteria.
Speed Hump Criteria
Criteria Type Criteria Street Name Met Criteria?
85th Percentile Speed (mph) 34 mph (to be completed) No Average Daily Traffic
Volume/Collision (*)
500 ADT/5 collisions (*) (to be completed) No
(*) Average daily traffic volume – 24-hour traffic volume/5 speed-related collisions per year
Based on the evaluation results shown in the above table, and pursuant to the City’s Speed Hump Program, the street segment does not qualify at this time.
The City will continue working to address your speed concerns on the subject street segments, which includes the following efforts:
● Targeted enforcement by Oxnard Police Department – City’s Traffic Engineering staff will use the collected speed data a nd assist the Oxnard Police De partment to conduct targeted enforcement of high-speed offenders on your street.
● Install a PARET, an electronic speed display unit that shows your speed versus the speed limit. It is an educational tool that informs motorists of safe driving speed. ● Install and revise signs and markings as necessary.
● The City will revisit the speed hump on the streets in three years upon a resident’s request.
Should you have any questions about the evaluation results or to discuss it further, please reach out to Jose Rivera, at (805) 612-6653 or via email at [email protected] 215
August 30, 2023
Sincerely,
Michael Wolfe, P.E.
Director of Public Works
Enclosures:
Speed Hump Program Package
cc: Jose Rivera, Assistant Traffic Engineer
216
Public Works Department
305 West Third Street, East Wing, Third Floor
Oxnard, California 93030
Tel 805.385.8280
September, 2023
NAME
ADDRESS
Oxnard, California 93030
Subject: Speed Hump Request – Street Name and Segment
Dear Applicant,
Thank you for submitting the speed hump request to the City of Oxnard. We appreciate you taking the time to express your concern.
We have reviewed your speed hump petition application. Based on the City's current speed hump policy, the requested street, STREET between STREET and STREET does not meet the minimum criteria for speed hump consideration. I have enclosed a list of speed hump criteria and a copy of the City's speed hump policy, which is included in the Speed Hump Program Package.
If you have any other questions or comments, or seek additional information regarding this request, please feel free to contact me at (805) 385-7873.
Sincerely,
Jose Rivera
Assistant Traffic Engineer
Enclosures:
Speed Hump Program Package
217
Speed Hump Program Segments
District Street From To
2 Glenwood Dr North F Street North C Street
District Street From To
2 Lantana Street West Gonzales Road Kumquat Place
4 West Kamala Street South Ventura Road South M Street
6 San Juan Ave East Bard Road La Canada Avenue
6 East Yucca Street San Simeon Avenue La Costa Place
District Street From To Comments
2 Jasmine Street Azalea Street Gladiola Street Did not meet ADT, speed, collisions 2 Glenwood Drive North C Street North Oxnard Boulevard Did not meet speed, collisions 2 Ironbark Drive Azalea Street Kamquat Place Did not meet ADT, speed, collisions 3 Saint Marys Drive* East Vineyard Avenue Princeton Avenue Did not meet speed, collisions 3 Saint Marys Drive* East Vineyard Avenue Villanova Avenue Did not meet speed, collisions 4 Birch Street Ukiah Street Ontario Street Did not meet speed, collisions 4 El Portal Way Navato Drive Hill Street Did not meet speed, collisions 5 Beaumont Avenue East Pleasant Valley Road Sanford Street Did not meet speed 5 Lincoln Court Syracuse Avenue Sanford Street Did not meet speed, collisions 5 Sanford Street South Rose Avenue Olds Road Did not meet speed, collisions 6 San Simeon Avenue East Bard Road La Canada Avenue Did not meet speed, collisions 5 Syracuse Drive Lincoln Court Sanford Street Did not meet speed, collisions 6 La Canada Avenue San Simeon Avenue La Costa Place Did not meet speed, collisions **Saint Marys Drive requests were combined and studied together District Street From To Comments
1 Novato Drive West Wooley Road 9th Street Did not meet length 2 Azalea Street Jasmine Street Ironbark Drive Did not meet length 2 Fuchsia Street Lantana Street Jasmine Street Did not meet length 2 Gladiola Street Jasmine Street Ironbark Drive Did not meet length 2 Indigo Pl Lantana Street Ironbark Drive Did not meet length 2 Kentia Street Indigo Place West Vineyard Avenue Did not meet length 2 Kamquat Place Kentia Street Ironbark Drive Did not meet length 3 Lafayette Dr Sanford Avenue Princeton Avenue Did not meet length 5 West Elm Street Saviers Road South C Street Did not meet length 5 Olds Road East Pleasant Valley Road Ocean View School District Did not meet length 5 Reading Drive Lincoln Court Peoria Place Did not meet length Did not meet minimum threshold
Did not meet analysis criteria
Met all original criteria
Met all revised criteria
218
UPDATE ON THE SPEED HUMP PROGRAM
Jose Rivera, Assistant Traffic Engineer
Public Works Department
City Council
October 17, 2023
219
BACKGROUND
That the City Council:
Receive and file an update on the Speed Hump Program to include amendments to the Program’s eligibility criteria as outlined in this staff report.
2 220
BACKGROUND
On October 18, 2022 the City Council approved the Speed Hump Program, which was modeled after cities in Ventura and Los Angeles counties. However key community differences have impacted the ability for many segments to qualify for Speed Humps. These include:
3 City of Oxnard Other Cities
Grid style local street network Subdivision style residential-collector street network
Short street segments between intersections Long street segments between intersections Generates low speeds Generates high speeds
221
DISCUSSION
• 29 applications have been submitted to date.
• 12 street segments were not-eligible due to the short length of uninterrupted street segments.
• 17 street segments qualified for further evaluation.
• 1 street segment met the current Speed Hump criteria. 4 222
DISCUSSION
The following three tables describe the street segment evaluations:
5 223
DISCUSSION
6 224
DISCUSSION
7 225
DISCUSSION
Segments that meet the criteria will move onto the next steps, which include the following:
1. Applicant provides Petition in support of speed hump implementation and placement
2. City will evaluate petition for supermajority approval
3. City will procure speed hump materials in preparation for contractor to begin installation
8 226
DISCUSSION
Segments that do not meet the criteria will be evaluated for other traffic calming measures, such as:
• Enforcement by Oxnard Police Department
• Placement of PARET speed-feedback display unit
• Speed Signage
• Pavement markings
9 227
DISCUSSION
Proposed revisions to the Speed Hump Program criteria:
10 Current Proposed Explanation
Average
Daily
Traffic
(ADT)
More than 500 and less
than 2,000 vehicles per day
More than 500 vehicles
per day
Many of Oxnard’s residential
and local streets have more
than 2,000 vehicles per day
85th
Percentile
Speed
9 MPH over limit
34 MPH on 25 MPH street
39 MPH on 30 MPH street
7 MPH over limit
32 MPH on a 25 MPH street
37 on a 30 MPH street
Speeds are more suitable for
Oxnard’s street network
Speed
Related
Collisions
5 speed related collisions
in a 12 month period
2 speed related collisions
in a 12 month period
Oxnard has low collisions on
residential streets
228
DISCUSSION
Key elements of the proposed revisions:
1. Allow more streets to qualify for speed hump installation
2. Reallocate Police and Staff resources to other critical locations in the City
11 229
FINANCIAL IMPACT
There is no financial impact by receiving this report.
12 230
End of Presentation
231
CITY COUNCIL AGENDA REPORT
REPORTS
AGENDA ITEM NO. L.3
DATE: October 17, 2023
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Public Project Agreement 32400201 with Toro Enterprises, Inc. for Etting Road Sidewalk And Bicycle Lane Improvement Project (Rebid), Specification No. PW 21-34R, State Project No. ATPL-5129(098). (10 minutes)
RECOMMENDATION
That the City Council approve and authorize:
1. A total of $2,864,373.45 in Project funds for the Etting Road Sidewalk And Bicycle Lane Improvement Project (Rebid), Specification No. PW 21-34R (C2005);
2. The Mayor to Execute an Agreement with Toro Enterprises, Inc. in the amount of $2,386,979.45 for the Project;
3. A Project contingency amount of $238,697 (10%) with Toro Enterprises, Inc. for the Project;
4. A Project allocation amount of $238,697 (10%) for engineering, inspection, survey and project management for the Project; and
5. Budget appropriations of $1,000,000 from the Air Pollution Buydown Fee Fund (360) and $411,147 from the Circulation System Improvement Fees Fund (350) available fund balances 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/NTUM- i2h8JU
BACKGROUND
The Etting Road Bicycle and Pedestrian Facilities Installation Project (Project) is a Capital Improvement Project with an Active Transportation Program grant, which will connect the City’s bicycle and pedestrian facilities from neighborhoods in southeast Oxnard to the Mar Vista Elementary School, Ocean View Junior High School, and Ocean View School District offices.
The project scope consists of installing sidewalk, curb, gutter, ADA access ramps, flashing beacons, high visibility crosswalks, bike lanes, striping, signage, and street lights.
Capital Improvement Program CIP Reference:
Project No. C2005/203104 – Etting Road Bicycle & Pedestrian Facilities Installation CIP 2022-2027 - Adopted May 3, 2022 – Page 56.
DISCUSSION
The specific work for this Project includes the construction of new concrete sidewalk, curb and gutter, minor road 232
widening, driveway reconstruction, electrical conduit and pullboxes for street lighting, bike lanes, landscaping and irrigation system along Etting Road from E. Pleasant Valley Road to the eastern City Limit.
The work is tentatively scheduled to begin in December 2023 and continue into February 2024 (60 working days), absent any delays for supply chain issues, unforeseen site conditions, or weather impacts. Staff will work closely with the Ocean View School District, Ocean View Junior High School, and Mar Vista Elementary School, who have been strong partners during the design of this project. Staff will also work with the Mar Vista and Terra Vista Neighborhood Councils to keep them informed of the schedule as well as 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 and opened on August 30, 2023. The City received the following bid:
Toro Enterprises, Inc.: $2,386,979.45
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 Enterprises, Inc.
This project was initially bid in April 2023 and the City received one bid from Toro. At that time the City rejected all bids, revised the plans and rebid the project. The City requested Caltrans approval to award to a sole bidder and since this project is partially funded with a State grant that is subject to timely use of funds, Caltrans approved the recommendation through a Cost Effectiveness Public Interest Finding determination.
In addition to the project award amount of $2,386,979.45, staff recommends authorizing $477,394 for the project, which includes $238,697 for project contingency (10% of the contract costs) and $238,697 for the cost for engineering services and City staff (10% of the contract cost). Engineering services include the following activities during construction:
engineering, inspection, labor compliance, and project management. These recommendations bring the total estimated cost of the project to $2,864,373.45.
In order to fully fund the project, Staff recommends a budget appropriation of $1,000,000 from the Air Pollution Buydown Fees Fund (360) and $411,147 from the Circulation System Improvement FeesFund (350).
The Air Pollution Buydown Fees Fund (360) was created to collect environmental mitigation fees for new developments and should be spent within five years on projects that improve air quality, such as bicycle, pedestrian, and transit projects.
At this time, there are no other projects that are in immediate need of Air Pollution Buydown Fees funding source. The City has a number of projects that could utilize this fund including Class III bike routes in the Northeast Community, Class II bike lanes along Oxnard Boulevard, 4th Street Mobility Improvements, Bard Road Corridor and Ventura Road Corridor bicycle and pedestrian enhancements, Oxnard Transit Center Improvements, and a Downtown Bus Stop Improvement project. However, these projects are currently funded to their estimated values and there is no budgetary need at this time. Therefore, Staff is recommending to use $1,000,000 of Air Pollution Buydown Fees to award the Etting Road construction contract to Toro.
The Circulation System Improvement Fees Fund (350) is a development fee source, which can be used for circulation improvements. The addition of bike lanes and pedestrian sidewalks are intended to provide a non-motorized mode of travel, thereby improving circulation. The City has a number of projects that could utilize this fund including the bicycle and pedestrian projects listed above, as well as Traffic Signal Modifications at 10 locations, Traffic Signal Modernization and the future Del Norte Interchange. However, these projects are currently funded to their estimated values and there is no budgetary need at this time. Therefore, staff is recommending to use $411,147 of Circulation System Improvement Fees Fund (350) to award the Etting Road construction contract to Toro.
233
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 $2,864,373.45 which includes the construction agreement, contingency, and project allocation. The Etting Road Bicycle & Pedestrian Facilities Installation, Project No. C2005/203104 has an available project budget balance of $592,000 from the Air Pollution Buydown Fee Fund (360), and $861,227 from the State Transportation Grant Fund (210), for a total available project budget balance of $1,453,227.
Budget appropriations of $1,000,000 is requested from the available fund balance in the Air Pollution Buydown Fee Fund (360) (account 70101001-59800-C2005) and $411,147 from the available fund balance in the Circulation System Improvement Fees Fund (350) (account 80401001-59800-C2005) to fund this agreement.
ETTING ROAD BICYCLE & PEDESTRIAN FACILITIES INSTALLATION PROJECT (C2005) Fund Fund Name
Available Project
Budget
New Budget
Appropriation
New Available
Project Budget
360
Air Pollution Buydown
Fee $592,000 $1,000,000 $1,592,000
210
State Transportation
Grant $861,227 $0 $861,227
350
Circulation System
Improvement Fee $0 $411,147 $411,147
TOTAL $1,453,227 $1,411,147 $2,864,374
The project was originally scoped and estimated in 2021. Since then, there have been many impacts to the cost of construction and the bidding environment. This is in part due to the impacts of COVID, material shortages, and an influx of state and federal funding, which has saturated the construction industry with work. There has also been an increase of 22% between June of 2021 and June of 2023 to the California Construction Cost Index, which is consistent with current inflation trends.
For Finance Use Only: Air Pollution Buydown Fee Fund (Fund 360 Org. 70101001 Obj. 59800), Circulation System Improvement Fees Fund (Fund 350 Org. 80401001, Obj. 59800), Capital Outlay Fund (Org. 3013102 Obj. 49300 & 53270); Project C2005
COMMITTEE OUTCOME
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.
Prepared by: Debbie O'Leary, Transportation Planner
ATTACHMENTS
1. Agmt. No. 32400201 (PW 21-34R) with Toro Enterprises
2. Presentation
234
Agreement No. 32400201
1 CONTRACT
CITY OF OXNARD CONTRACT FOR
ETTING ROAD SIDEWALK AND BICYCLE LANE IMPROVEMENT PROJECT (REBID) SPECIFICATION NO. PW 21-34R
STATE PROJECT NO. ATPL-5129(098)
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. S
cope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as ETTING ROAD SIDEWALK AND BICYCLE LANE IMPROVEMENT PROJECT (REBID), SPECIFICATION NO. PW 21-34R, STATE PROJECT NO. ATPL-5129(098) (“Project”), as described in this Contract and in the incorporated Contract Documents.
3. C
ompensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of two million three hundred eighty -six thousand nine hundred seventy- nine dollars and forty-five cents ($2,386,979.45) in accordance with the prices as submitted in the Bid, attached hereto as Exhibit “A” and incorporated herein by this reference.
4. A ntitrust Claims . In entering into this Contract, Contractor assigns to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Section 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. 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. W
orkers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as 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 235
Agreement No. 32400201
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 us ed 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. A uthority . Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
9. E
ntire 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. A mendment . 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. C
ounterparts . This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A signed copy of this Contract transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Contract for all purposes.
[signatures on following page]
236
Agreement No. 32400201
3 IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the first written above.
CITY OF OXNARD TORO ENTERPRISE, INC.
☐ John C. Zaragoza, Mayor1 Date Sean Castillo, CEO 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.
237
Agreement No. 32400201
4 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 combi ned 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 i nsurer 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 s hall 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 Co uncil, 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.
9/23
238
5 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 s hown 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 t he 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.
INS-G.doc
239
6 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 Rev. 9/23 INS-G.doc
240
7 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
coverage. Per Occurrence Per Claim (which)
NAMED INSURED
APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
COMPREHENSIVE GENERAL LIABILITY
OWNERS & CONTRACTORS PROTECTIVE
Claims Made
Retroactive Date
Occurrence
OTHER PROVISIONS
COVERAGES
LIABILITY LIMITS IN THOUSANDS $
EACH OCCURRENCE
AGGREGATE
GENERAL
PRODUCTS/COMPLETED OPERATIONS
PERSONAL & ADVERTISING INJURY
FIRE DAMAGE
CLAIMS: Underwriter=s representative for claims pursuant to this insurance.
Name:
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 sui ts 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 i nsurance 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 com ply 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 bro ad 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
Rev. 9/23 INS-G.doc
241
8 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
coverage. Per Occurrence Per Claim (which)
NAMED INSURED
APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE
OTHER PROVISIONS
COMMERCIAL AUTO POLICY
BUSINESS AUTO POLICY
OTHER
LIMIT OF LIABILITY CLAIMS: Underwriter=s representative for claims pursuant to this insurance.
Name:
Address:
Telephone: ( )
$ per accident, for bodily injury and property damage.
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured=s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company=s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED=S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Automobile Liability Coverage, Aoccurrence” form CA0001, code (Aany auto@); or b. If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).
Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD ℅ 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
Rev. 9/23
242
9 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 ETTING ROAD SIDEWALK AND BICYCLE LANE IMPROVEMENT PROJECT (REBID), SPECIFICATION NO. PW 21-34R, STATE PROJECT NO. ATPL-5129(098).
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of any Work, to file a good and sufficient Payment Bond with the Agency to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, and our heirs, assignees, successors, executors and administrators are held and firmly bound, jointly and severally, unto the Agency and all Contractors, Subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Dollars ($ ), this amount
being not less than a hundred percent (100%) of the total Contract Price in lawful money of the United States of America, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.
Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor 243
10 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. 244
11 Bond No. __________
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Oxnard (“Agency”), has awarded to
(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as ETTING ROAD SIDEWALK AND BICYCLE LANE IMPROVEMENT PROJECT (REBID), SPECIFICATION NO. PW 21-34R, STATE PROJECT NO. ATPL-5129(098) 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 ($ ), th is
amount being not less than a hundred percent (100%) of the total Contract Price in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, assignees, successors, executors and administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Agency, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void one (1) year from the date of recordation of the Notice of Completion for the Project; otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statutes of limitation, statutes of repose and laches as they may apply to an action on this Bond.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, including all incorporated documents, or of the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect the Surety’s obligations under this Bond. The Surety hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. 245
12 Surety hereby waives California Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its:
By:
Its:
(Seal)
“Surety”
By:
Its:
By:
Its
(Seal)
Notes: This Bond must be executed in duplicate and dated, all Surety signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Date of Bond must not be before the Effective Date of the Contract. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California.
246
247
248
249
250
251
252
Agreement 32400201 with T oro Enterprises, Inc.
for Etting Road Bicycle & Pedestrian Facilities,
Specification No. PW 21-34R
City Council
October 17, 2023
Debbie O’Leary
Transportation Planner, Interim Transportation Manager
253
That the City Council approve and authorize:
1. A total of $2,864,373.45 in Project funds for the Etting Road Sidewalk And Bicycle Lane Improvement Project (Rebid), Specification No. PW 21-34R (C2005);
2. The Mayor to Execute an Agreement with T oro Enterprises, Inc. in the amount of $2,386,979.45 for the Project;
3. A Project contingency amount of $238,697 (10%) with T oro Enterprises, Inc. for the Project;
4. A Project allocation amount of $238,697 (10%) for engineering, inspection, survey and project management for the Project; and
5. Budget appropriations of $1,000,000 from the Air Pollution Buydown Fee Fund (360) and $411,147 from the Circulation System Improvement Fees Fund (350) available fund balances for the Project.
RECOMMENDATION 2
254
The Etting Road Bicycle and Pedestrian Facilities Installation Project (Project) is a Capital Improvement Project with an Active Transportation Program grant.
The purpose is to connect the City’s bicycle and pedestrian facilities from neighborhoods in southeast Oxnard to the Mar Vista Elementary School, Ocean View Junior High School, and Ocean View School District offices.
The Project will construct Class II (on street) bicycle lanes, including green paint, new sidewalk, curb and gutter, ADA access ramps, crosswalks, flashing pedestrian beacons, striping, signage, and street lights.
BACKGROUND 3
255
BACKGROUND - FUTURE CONNECTIONS TO SCHOOLS 4
256
BACKGROUND - EXISTING CONDITIONS 5
257
BACKGROUND - EXISTING CONDITIONS 6
258
The notice inviting formal bids (NIFB) was published on July 27, 2023, and all bids were due and opened August 30, 2023. The City received the following bids:
TORO ENTERPRISES, INC.:$2,386,979.45
The only responsive bidder is TORO ENTERPRISES, INC.. 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 recommends that the City Council award the contract for this Project to TORO ENTERPRISES, INC..
DISCUSSION 7
259
The work is tentatively scheduled to begin in December 2023 and continue for 60 working days until February 2024.
Staff alongside the Contractor will share the schedule and any construction impacts with the Ocean View School District, Ocean View Junior High School, Mar Vista Elementary school, and the Neighborhood Councils of Mar Vista and T erra Vista.
General project information will be shared with any affected neighbors and the public as well.
DISCUSSION 8
260
In addition to the contract award amount of $2,386,979.45, staff recommends authorizing $477,394 for the following:
• $238,697 for project contingency (10% of the contract cost) • $238,697 for engineering services and City Labor (10% of the contract cost) Engineering services include: engineering, inspection, labor compliance, and project management.
DISCUSSION 9
261
T otal cost for this Project is $2,864,373.45 which includes the construction agreement, contingency and project allocation
The Etting Road Bicycle & Pedestrian Facilities Installation, Project No.
C2005/203104 has an available project budget balance of $592,000 from the Air Pollution Buydown Fee Fund (360), and $861,227 from the Transportation Grant State Fund (210), for a total available project budget balance of $1,453,227.
Budget appropriations of $1,000,000 is requested from the available fund balance in the Air Pollution Buydown Fee Fund (360) and $411,147 from the available fund balance in the Circulation System Improvement Fees Fund (350) to fund this agreement. Both of these funding sources are eligible to be used for the Project’s proposed improvements.
(continued)
FINANCIAL IMPACT 10
262
(continued)
The project was originally scoped and estimated in 2021. Since then, there have been many impacts to the cost of construction and the bidding environment. This is in part due to the impacts of Covid, material shortages, and an influx of state and federal funding, which has saturated the construction industry with work.
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.
FINANCIAL IMPACT 11
263
QUESTIONS
12 264
CITY COUNCIL AGENDA REPORT
REPORTS
AGENDA ITEM NO. L.4
DATE: October 17, 2023
TO: City Council
FROM: Michelle McCarron, Assistant City Attorney, 805-385-3937, [email protected]
SUBJECT: Resolution of the City Council of the City of Oxnard Adopting a Conflict Policy and Procurement Procedures for Design-Build Projects (15 minutes).
RECOMMENDATION
That the City Council adopt a Resolution entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD, CALIFORNIA, ADOPTING A
CONFLICT POLICY AND PROCUREMENT PROCEDURES TO ALLOW THE CITY TO USE THE DESIGN-
BUILD METHOD FOR CERTAIN ELIGIBLE PUBLIC PROJECTS IN ACCORDANCE WITH PUBLIC CONTRACT CODE SECTIONS 22160 THROUGH 22169."
(As of the date of this City Council agenda being posted, there is not yet an outcome from the October 10, 2023 Public Works and Transportation Committee.)
Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/PX74rZt8rK8
BACKGROUND
Design-build projects combine professional design services and construction services into a single contract with the City.
There are a number of benefits over the traditional approach of design-bid-build projects, where separate contracts are awarded for design services and construction. Design-build has been and is the current method used in private sector construction. It was first approved for public sector construction in 2001, which limited the design-build method to transit operators for projects of at least ten million dollars. The design-build method was amended over the years and in 2015, SB 785 went into effect and streamlined the design-build process into a single statute that was applicable to "local agencies", which includes cities.
The California State Legislative Analyst's Office ("LAO") in 2010 summarized fifteen design-build projects awarded by counties and made several observations. These observations would be used to support an expanded design-build statute available for more agencies and project types throughout the State. First, the LAO found that of five completed projects, two were completed below estimated costs, two projects were completed at the estimated cost, and one project was completed approximately five percent over cost. Second, of the five completed projects, all finished close to their targeted completion date, while one was completed two months earlier and the longest delay was three months on a scheduled sixteen month project. Lastly, all fifteen projects were awarded on a best value basis, not the lowest bidder. The LAO concluded that the information provided by the counties "did not provide any evidence that would discourage the Legislature from granting design-build authority on an ongoing basis to local agencies." The benefits of the design build method are greater flexibility in awarding a contract, higher quality work, greater cost certainty, fewer claims, faster project completion, fewer change orders and a singular point of accountability, eliminating finger pointing between the designer and the contractor.
265
DISCUSSION
The design-build law is located at Public Contract Code sections 22160-22169. This method is available for cities to use for projects that are at least one million dollars. It can only be used for the construction of a building or buildings, such as a fire station, and improvements directly related to the construction of a building or buildings, wastewater facilities, solid waste management facilities, water recycling facilities, transit facilities and park and recreation facilities. The design- build method does not include the construction of other infrastructure such as streets and highways, public rail transit or water resources facilities and infrastructure.
Other conditions required by the design-build law are a prequalification process, establishing a conflict policy, and determining whether the contract will be awarded on a low bid or best value basis.
Public Contract Code section 22164 subparagraphs (a) through (c) lays out the process the City must follow to prequalify contractors that are interested in responding to a request for proposals for a design-build project. The prequalification process requires the City to prepare a set of documents setting forth the scope and estimated price of the project and request, at a minimum, the following information from interested design-build entities: (1) type of entity and listing of personnel; (2) Licenses, Registrations and other credentials; (3) documentation showing the entity can obtain payment and performance bonds, insurance and errors and omissions insurance; (4) Workers Compensation history and Worker Safety program; (5) the entity's organizational documents; (6) Safety Record based on a three-year period; (7) enforceable commitment to the City that the entity and its subcontractors will use a skilled and trained workforce.
Public Contract Code section 22162(c) requires the local agency to develop an organizational conflict of interest policy.
The main elements of the policy should include detailed descriptions of organizational conflicts of interest, situations when an entity may have a conflict, the obligations of the entity when an actual or potential conflict may exist and how the entity must provide this information to the City. Additionally, the Conflict Policy must impose continuing obligations on the entity to monitor and disclose any conflicts that may occur after the contract is awarded. If a conflict is disclosed after the award, the City may terminate the contract if warranted. The entity that discovers the conflict must prepare a full written disclosure and description of action that it proposes to take to prevent or mitigate the conflict.
Public Contract Code section 22164 subparagraphs (d) through (f) lays out the request for proposal (RFP) process for a design-build project. Only prequalified contractors or entities may respond to a design-build RFP. The RFP should identify the basic scope and needs of the project or contract, the estimated cost of the project, and the methodology that will be used by the City to evaluate proposals. The RFP must state whether the contract will be awarded on the basis of low bid or best value. The RFP should include any other information deemed necessary by the City to inform interested entities of the contracting opportunity. The RFP should state the significant factors that the City reasonably expects to consider in evaluating proposals, including, but not limited to, cost or price and all nonprice-related factors, and the relative importance or the weight assigned to each of the factors identified in the RFP. If the City chooses to use the best value selection method the City at a minimum must consider three statutorily mandated criteria, which are: price, technical design and construction expertise, and life cycle costs over 15 or more years; when determining which entity's proposal provides the best value to the City.
The Public Works Department intends to utilize the design-build method for the design and construction of the La Colonia Skatepark. This would be the first project in the City to be procured and completed under the design-build method.
STRATEGIC PRIORITIES
This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.
FINANCIAL IMPACT
There is no financial impact associated with the passage of this resolution.
COMMITTEE OUTCOME
266
As of the date of this City Council agenda being posted, there is not yet an outcome from the October 10, 2023 Public Works and Transportation Committee. Staff is available to answer any questions.
Prepared by: Michelle McCarron, Assistant City Attorney
ATTACHMENTS
1. Design Build Resolution & Conflict Policy (1) dl
2. Presentation
267
CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO._________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD, CALIFORNIA,
ADOPTING A CONFLICT POLICY AND PROCUREMENT PROCEDURES TO
ALLOW THE CITY TO USE THE DESIGN-BUILD METHOD FOR CERTAIN
ELIGIBLE PUBLIC PROJECTS IN ACCORDANCE WITH PUBLIC CONTRACT CODE SECTIONS 22160 THROUGH 22169.
WHEREAS, the California Legislature has found and declared that various agencies authorized to use the design-build method of project delivery, using a best value procurement methodology, have reported benefits from such projects, including reduced project costs, expedited project completion, and design features that are not achievable through the traditional design-bid-build method; and
WHEREAS, the California Legislature has provided general authorization for certain local agencies to use design-build for certain projects by enacting Public Contract Code sections 22160 et seq.; and
WHEREAS, California Public Contract Code sections 22161 and 22162 authorize local agencies, with the approval of the governing body, to procure design-build projects for construction of building or buildings, and improvements directly related to the construction of a building or buildings, wastewater facilities, solid waste management facilities, water recycling facilities, transit facilities, and park and recreational facilities, in excess of one million dollars ($1,000,000.00), by awarding the contract either to the low bid or for the best value; and WHEREAS, California Public Contract Code section 22162(c) requires each local agency entering into design-build contracts authorized under the Public Contract Code develop guidelines for a standard organizational conflict of interest policy, consistent with applicable law, regarding the ability of a person or entity that performs services for the local agency relating to the solicitation of a design-build project, to submit a proposal as a design-build entity, or join a design-build team; and
WHEREAS, the City of Oxnard, as a general law city, is bound by the enactment of California Public Contract Code sections 22160 et seq. and has determined that the provisions set forth therein are in the best interest of the City of Oxnard with regards to the utilization of the design-build method for the City of Oxnard; and
WHEREAS, California Public Contract Code section 22161 states “design-build “ means a project delivery process in which both the design and construction of a project are procured from a single entity; and
WHEREAS, the City of Oxnard Public Works Department intends to use the Design-Build method for the first time on a City project for the design and construction of the La Colonia neighborhood skatepark; and
268
Resolution No. 2
WHEREAS, the Oxnard City Council desires to establish a design-build solicitation process and a conflict of interest policy as required by California Public Contract Code section 22160 et seq. for the utilization of the design-build method for the City of Oxnard’s qualifying construction projects.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OXNARD, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. Recitals. The foregoing recitals are true and correct and incorporated herein by this reference.
2. The City Council of the City of Oxnard finds and determines that the use of the design- build method of project delivery for the first time for the construction of the City’s La Colonia neighborhood skatepark, in excess of one million dollars, with Council approval, is in the best interest of the City of Oxnard.
3. All Design-Build Projects shall follow the requirements listed in section 4 of this resolution and all design-build entities must comply with the City’s Design-Build Conflict of Interest Policy attached hereto as Exhibit A.
4. Procurement Process for Design-Build Projects.
A. The City shall prepare a set of documents setting forth the scope and estimated price of the project. The documents may include any information deemed necessary to describe adequately the City’s needs for the project. The performance specifications and any plans shall be prepared by a design professional who is duly licensed and registered in California.
B. The City shall prepare and issue a request for qualifications in order to prequalify the design- build entities whose proposals shall be evaluated for final selection. The criteria used to prequalify entities shall be those requirements as stated in Public Contract Code section 22164 subparagraph (b) subsections (1) through (4) inclusive; and subparagraph (c) subsections (1) through (3) inclusive.
C. The City shall prepare a request for proposals, based on the documents set forth in section (A) above, that invites prequalified design-build entities to submit competitive sealed proposals in the manner prescribed by the City in accordance with Public Contract Code section 22164 subparagraphs (d) through (f) inclusive. The request for proposals shall include at a minimum:
(1) Identification of the basic scope and needs of the project or contract, the estimated cost of the project, the methodology that will be used by the local agency to evaluate proposals, whether the contract will be awarded on the basis of low bid or best value, and any other information deemed necessary by the City to inform interested parties of the contracting opportunity.
(2) Significant factors that the City reasonably expects to consider in evaluating proposals, including, but not limited to, cost or price and all non price-related factors. 269
Resolution No. 3
(3) The relative importance or the weight assigned to each of the factors identified in the request for proposals.
(4) Where a best value selection method is used, the local agency may reserve the right to request proposal revisions and hold discussions and negotiations with responsive proposers, and include in the proposal the applicable procedures to be followed by the City to ensure discussions and negotiations are conducted in good faith.
D. If the City utilizes low bid as the final selection method, the competitive bidding process shall result in lump-sum bids by the prequalified or short-listed design-build entities, and awards shall be made to the design-build entity that is the lowest responsible bidder.
E. For those projects utilizing best value as a selection method, the design-build competition shall progress as follows:
(1) Competitive proposals shall be evaluated by using only the criteria and selection procedures specifically identified in the request for proposals. The following are the minimum factors, to be included in the evaluation by the City:
(a) Price, unless a stipulated sum is specified.
(b) Technical design and construction expertise.
(c) Life-cycle costs over 15 or more years.
(2) Pursuant to (C)(4) above, the City may hold discussions or negotiations with responsive proposers using the process articulated in the City’s request for proposals. (3) When the evaluation is complete, the responsive proposers shall be ranked based on a determination of value provided, provided that no more than three proposers are required to be ranked.
(4) The award of the contract shall be made to the responsible design-build entity whose proposal is determined by the City to have offered the best value to the public.
F. The Design-build entity that is awarded the contract shall provide payment and performance bonds in the amount required by the City as stated in the solicitation.
G. The Design-build entity that is awarded the contract shall comply with the City’s insurance requirements and shall have errors and omissions insurance coverage for the design elements of the project.
5. Conflict Policy. The City of Oxnard has promulgated the required Conflict of Interest Policy pursuant to California Public Contract Code section 22162, and that policy is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. The Conflict of Interest Policy shall be included in the prequalification process and the request for proposal.
All responsive submittals must comply with the Conflict Policy or be subject to disqualification. 270
Resolution No. 4
6. Severability. If any provision of this Resolution or the application of any such provision is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable and that the City Council declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.
7. Effective Date. This Resolution shall be effective immediately upon adoption.
8. Certification. The City Clerk shall certify to the adoption of this Resolution, and shall maintain on file as a public record this Resolution.
PASSED, APPROVED AND ADOPTED on this 17th day of October, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
John C. Zaragoza, Mayor
ATTEST:
___________________________________
Rose Chaparro, City Clerk
APPROVED AS TO FORM:
___________________________________
Stephen M. Fischer, City Attorney
271
EXHIBIT A
City of Oxnard
Design-Build Conflict of Interest Policy
for
Construction Projects
PURPOSE
Public Contract Code section 22162 requires local agencies to establish an organizational conflict-of-interest policy that applies to design-build projects procured pursuant to Public Contract Code section 22160 et seq. Organizational conflicts of interest can occur in the design- build procurement process when a person or entity that performs services for a local agency relating to the solicitation of a design-build project seeks to submit a proposal to the City as a design-build entity or join a design-build team, thereby making that person or entity unable or potentially unable to render impartial assistance or advice to the City, impairing the objectivity of that person or entity in performing the contract work, or giving that person or entity an unfair competitive advantage.
POLICY
A. Defined Terms.
1. "Design-Build" means a project delivery process in which both the design and construction of a project are procured from a single entity.
2. "Design-Build Entity" means a corporation, limited liability company, partnership, joint venture, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services as needed pursuant to a Design-Build contract.
3. "Design-Build Team" means a Design-Build Entity and the individuals and other entities identified by the Design-Build Entity as members of its team. Members of a Design-Build Team include the general contractor and, if utilized in the design of the project, all electrical, mechanical, and plumbing contractors.
4. "Proposer" means any consultant or contractor that seeks to submit a proposal to the City as a Design-Build Entity or to join a Design-Build Team.
B. Organizational Conflicts of Interest.
1. A Proposer may not have any organizational conflicts of interest. 272
Resolution No. 6
2. "Organizational conflicts of interest" are circumstances arising out of a consultant's or contractor's existing or past activities, business or financial interests, familial relationships, contractual relationships, and/or organizational structure (e.g., parent entities and their subsidiaries and affiliates) that results in: (i) the impairment or potential impairment of a consultant's or contractor's ability to render impartial assistance or advice to the City or of its objectivity in performing work for the City; (ii) an unfair competitive advantage for any bidder or Proposer with respect to a City procurement; or (iii) a perception or appearance of impropriety with respect to any of the City's procurements or contracts or a perception or appearance of unfair competitive advantage with respect to a procurement by the City (regardless of whether any such perception is accurate).
3. An organizational conflict of interest exists in the following instances:
a. A Proposer is the City's general engineering or architectural consultant to the Design- Build project, except that a subconsultant to the general engineering or architectural consultant that has not yet performed work on the contract to provide services for the design-build project may participate as a proposer or join a Design-Build Team if it terminates the agreement to provide work and provides no work for the City's general engineering or architectural consultant on the Design-Build project.
b. A Proposer has assisted or is assisting the City in the management of the Design-Build project, including the preparation of the request for proposals, evaluation criteria, or any other aspect of the procurement.
c. A Proposer has conducted preliminary design services for the Design-Build project, such as conceptual layouts, preliminary design, or preparation of bridging documents. d. A Proposer performed design work related to the Design-Build project for other stakeholders in the Design-Build project.
e. A Proposer performed design work on a previous contract that specifically excludes it from participating as a proposer or joining a Design-Build Team for the Design-Build project. f. A Proposer is under contract with any other entity or stakeholder to perform oversight of the Design-Build project.
g. A Proposer has obtained advice from, or discussed any aspect relating to the Design- Build project or procurement of the Design-Build project with, any person or entity with an organizational conflict of interest, including, but not limited to, the consultants of any entity that have provided technical support on the Design-Build project. h. Any circumstances that would violate California Government Code section 1090, et seq.
273
Resolution No. 7
C. Obligations of Proposers.
1. Proposers shall make a full written disclosure to the City of the facts and circumstances regarding an organizational conflict of interest or a potential organizational conflict-of-interest and shall have a continuing obligation to do so until they are no longer Proposers.
2. Proposers shall disclose all relevant facts relating to past, present or planned interests of the Proposer's Design-Build Team (including the Proposer, Proposer's proposed consultants and subconsultants and subcontractors and their respective directors and key personnel) that may result in, or could be viewed as, an organizational conflict-of-interest in connection with any Design- Build project procurement, including present or planned contractual or employment relationships with any current City employee.
3. Proposers shall disclose in the response documents to a Design-Build request for qualifications and request for proposals, all the work performed in relation to the particular proposed Design- Build project.
4. If a Proposer determines that a conflict of interest or potential conflict of interest exists, it must disclose the conflict or potential conflict of interest to the City. The disclosure may not necessarily disqualify a Proposer from being awarded a contract. The Proposer shall propose measures to avoid, neutralize, or mitigate all conflicts or potential conflicts. The City, in its sole discretion, shall determine whether the proposed measures are sufficient to overcome the conflict or potential conflict and whether the Proposer may continue with the procurement process. The City has the right to cancel or amend a resulting Design-Build project contract if the successful Proposer failed to disclose a conflict or potential conflict that it knew or should have known about, or if the Proposer provided information in its disclosure that is false or misleading.
5. For other conflicts or potential conflicts not mentioned specifically above, such as conflicts involving employees changing companies, mergers and acquisitions of firms, property ownership, business arrangements, and financial interests, a Proposer shall disclose and address any organizational conflicts of interest or potential organizational conflicts of interest when participating in or joining a Design-Build Team. The City will determine if a conflict of interest exists.
D. Obligations After Contract Award.
The successful Proposer to whom a contract is awarded ("Contractor") has an ongoing obligation to monitor and disclose its conflicts or potential conflicts of interest. The City has the right to ongoing enforcement of this policy. If an organizational conflict of interest is discovered after contract award, the Contractor must make an immediate and full written disclosure to the City that includes a description of the action that the Contractor has taken or proposes to take to avoid or mitigate the conflict. If an organizational conflict of interest is determined to exist and the Contractor was aware of an organizational conflict of interest prior to award of the contract and 274
Resolution No. 8
did not disclose the conflict, the City may terminate the contract. If a new conflict of interest arises after contract award, and Contractor's proposed measures to avoid or mitigate the conflict are determined by the City to be inadequate to protect the City, the City may terminate the contract. If the contract is terminated, the City assumes no obligations, responsibilities and liabilities to reimburse all or part of the costs incurred or alleged to have been incurred by Contractor and is entitled to pursue any available legal remedies E. Incorporation by Reference.
This policy shall be incorporated by reference into and included as part of all City Design-Build project requests for qualifications and requests for proposals, and all City Design-Build contracts.
275
Resolution of the City Council of the City of
Oxnard Adopting a Conflict Policy and
Procurement Procedures for Design-Build
Projects
Public Works & Transportation Committee
October 10, 2023
Michelle McCarron
Assistant City Attorney
276
That the Public Works and Transportation Committee recommends the City Council Adopt a Resolution entitled:
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
OXNARD, CALIFORNIA, ADOPTING A CONFLICT POLICY AND
PROCUREMENT PROCEDURES TO ALLOW THE CITY TO USE
THE DESIGN-BUILD METHOD FOR CERTAIN ELIGIBLE PUBLIC
PROJECTS IN ACCORDANCE WITH PUBLIC CONTRACT CODE
SECTIONS 22160 THROUGH 22169."
Please click the following link to view the required Measure M pre- recorded presentation video:
RECOMMENDATION 2
277
• Design-build projects combine professional design services and construction services into a single contract with the City. • There are a number of benefits over the traditional approach of design-bid-build projects, where separate contracts are awarded for design services and construction.
• The benefits of the design build method are greater flexibility in awarding a contract, higher quality work, greater cost certainty, fewer claims, faster project completion, fewer change orders and a singular point of accountability, eliminating finger pointing between the designer and the contractor.
BACKGROUND 3
278
• The design-build law is located at Public Contract Code sections 22160-22169.
• This method is available for cities to use for projects that are at least one million dollars. It can only be used for the construction of a building or buildings, such as a fire station, and improvements directly related to the construction of a building or buildings, wastewater facilities, solid waste management facilities, water recycling facilities, transit facilities and park and recreation facilities.
• The design-build method does not include the construction of other infrastructure such as streets and highways, public rail transit or water resources facilities and infrastructure.
DISCUSSION 4
279
• Other conditions required by the design-build law are a prequalification process, establishing a conflict policy, and determining whether the contract will be awarded on a low bid or best value basis.
• The City must prequalify contractors that are interested in responding to a request for proposals for a design-build project.
The prequalification process requires the City to prepare a set of documents setting forth the scope and estimated price of the project and request specific information from interested contractors.
• All prequalified contractors must adhere to the City’s organizational conflict of interest policy and certify whether an actual or potential conflict exists.
DISCUSSION 5
280
• Once contractors or entities are prequalified, they may respond to a design-build request for proposal (RFP) from the City. • The RFP should identify the basic scope and needs of the project or contract, the estimated cost of the project, and the methodology that will be used by the City to evaluate proposals.
The RFP must state whether the contract will be awarded on the basis of low bid or best value.
• The best value selection method must consider three statutorily mandated criteria, which are: price, technical design and construction expertise, and life cycle costs over 15 or more years.
DISCUSSION 6
281
There is no financial impact associated with the passage of this resolution.
FINANCIAL IMPACT 7
282
QUESTIONS
8 283