Public Works & Transportation Committee
January 23, 2024

122

EXHIBIT E

TRADE SERVICES AGREEMENT
(CITY of Oxnard and Petroleum Telcom, Inc)

PREVAILING WAGE

1. SERVICE PROVIDER acknowledges that the Project defined in the Agreement between SERVICE PROVIDER and CITY is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and that this Agreement is subject to Chapter 1 and the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. SERVICE PROVIDER shall perform the Project as a public work. SERVICE PROVIDER shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.

2. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. SERVICE PROVIDER acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and SERVICE PROVIDER shall post such rates at each job site covered by this Agreement.

3. SERVICE PROVIDER is required to post job site notices, as prescribed by regulation. See Labor Code Section 1771.4(a)(2).

4. SERVICE PROVIDER shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. SERVICE PROVIDER shall, as a penalty to CITY, forfeit not more than $200 for each calendar day or portion thereof for each worker paid less than the DIR’s determined prevailing rates for the work or craft in which the worker is employed pursuant to this Agreement by SERVICE PROVIDER or any subcontractor. The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.

5. SERVICE PROVIDER shall comply with Labor Code Section 1776, which requires SERVICE PROVIDER and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, (2) certify and make such payroll records available for inspection, and (3) inform CITY of the location of the records.

6. SERVICE PROVIDER shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations. Before commencing work under this Agreement, SERVICE PROVIDER shall provide CITY with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding the Project, Agreement No. 32400297

123

SERVICE PROVIDER and each of its subcontractors shall submit to CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.

7. SERVICE PROVIDER may not be debarred or suspended throughout the Agreement Term pursuant to Labor Code Section 1777.1 or 1777.7. If he, she or it becomes debarred or suspended in the Agreement Term, SERVICE PROVIDER must immediately notify CITY.

8. SERVICE PROVIDER is 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 currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. SERVICE PROVIDER shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provision does not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.

9. SERVICE PROVIDER acknowledges that 8 hours labor constitutes a legal day’s work. SERVICE PROVIDER shall comply with and be bound by Labor Code Section 1810.

10. SERVICE PROVIDER shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours. SERVICE PROVIDER shall, as a penalty to CITY, forfeit $25 for each worker employed in the performance of this Agreement by SERVICE PROVIDER or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.

Pursuant to Labor Code Section 1815, work performed by SERVICE PROVIDER’s employees in excess of 8 hours per day and 40 hours per week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.

11. The Project listed in the Agreement is subject to compliance monitoring and enforcement by the DIR.

12. SERVICE PROVIDER shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. SERVICE PROVIDER shall include in the written contract between it and each subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statutory provisions. SERVICE PROVIDER shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ compliance, including without limitation, conducting a periodic review of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay Agreement No. 32400297

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its workers the specified prevailing rate of wages, SERVICE PROVIDER shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent, SERVICE PROVIDER shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify CITY, its legislative bodies, and its officials, officers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Service Provider, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of SERVICE PROVIDER under this Section shall survive Agreement termination.

Agreement No. 32400297

125
Agreement 32400297 with Petroleum Telcom, Inc.
dba Telcom, Inc. for Mobile Radio Equipment,
Parts and Accessories; and Installation, Repair
and Maintenance Services
Jose Arreola, Fleet Services Manager
Public Works Department
Public Works and Transportation Committee
January 23, 2024
126
RECOMMENDATION 2
That the Public Works and Transportation Committee recommend that the City Council approve and authorize an Agreement with Petroleum T elcom, Inc. dba T elcom, Inc. for a one-year term with the option to extend for four consecutive one-year periods for a maximum contract term of five years, and a total contract not-to-exceed amount over the entire possible contract term of $900,000 for Mobile Radio Equipment, Parts and Accessories; and Installation, Repair and Maintenance Services on an
on-call/as-needed basis
127

BACKGROUND
• The City’s fleet is standardized with Motorola and JVC Kenwood two-way radios
• The City’s Fire and Police Departments purchase Motorola and Kenwood radios for their emergency response vehicles and equipment
• In addition, the Fleet Services Division of the Public Works Department is responsible for performing maintenance and repairs on the City fleet
3 128

BACKGROUND
• These services include equipment such as two-way radios, antennas and associated equipment that is installed on Public Works and emergency response vehicles
• Due to the workload and technical expertise, the Fleet Diision recommends the use of a vendor to purchase, install and provide maintenance and repair services on an on-call/as-needed basis
• Petroleum T elcom, Inc. dba T elcom, Inc., is headquartered in Oxnard
• They specialize in two-way radios, data and communications as well as other services that include sales, installation and services 4 129

BACKGROUND
• T elcom, Inc. is an authorized Kenwood Communications Division dealer for parts, service and support and is also a channel level partner for Motorola Solutions for the regional area of California, Arizona, and Nevada through its primary office in Oxnard
• Fleet Services has been using T elcom, Inc. for over 20 years • All new equipment, installations, services, repairs and warranties are performed by authorized dealers and/or partners; therefore, it is necessary to obtain these services and OEM parts from T elcom, Inc.
5 130

DISCUSSION
• T elcom is the only Kenwood and Motorola authorized dealer for support and service in the area
• City Purchasing Policy allows for the City to enter into agreements with vendors without competitive bidding when there is only a single source available to provide the required products and/or services
• Having access to the authorized dealer with access to equipment, parts and services ensures maintenance can be performed in an efficient manner and warranty services can be obtained
6 131

DISCUSSION
• The City's Police and Fire Departments operate 24 hours a day, seven days a week providing a full range of emergency and non-emergency services to the community
• They must be able to communicate in any situation via two-way radios installed in their vehicles
•
• The Fleet Services Division is responsible for keeping these radios operational and in working order
• As these radios are installed in critical emergency vehicles, it is imperative to keep them maintained with minimal downtime 7 132

DISCUSSION
• In order to achieve this, Fleet Services at times will require these services and repairs to be performed by T elcom, Inc. under the direction of Fleet Services
8 133

FINANCIAL IMPACT
• The total cost for this agreement with Petroleum T elcom, Inc. dba T elcom, Inc. shall not exceed $900,000 through February 20, 2029, if extended
• Funding will begin in Fiscal Year 2023-24 and there is sufficient funding for all department/divisions in the City Council approved FY 2023-24 Operating Budget
• Subsequent fiscal year funding will be requested in the annual budget process
9 134
Questions
135

PUBLIC WORKS AND TRANSPORTATION COMMITTEE

AGENDA REPORT

REPORTS
AGENDA ITEM NO. D.3

DATE: January 23, 2024

TO: Public Works and Transportation Committee

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

SUBJECT: Agreement 32400334 with J I Gandara Transport for Supplemental Waste Transfer Hauling Services for the Del Norte Regional Recycling and Transfer Station. (10 minutes)

RECOMMENDATION

The Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute an Agreement with J I Gandara Transport for an amount not to exceed $5,000,000 for an initial one-year term, with an option to extend for two additional one-year terms; ending March 1, 2027, to provide supplemental waste transfer hauling services for the Del Norte Regional Recycling and Transfer Station.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/YBld6wPAhsg

BACKGROUND

Since the opening of the Del Norte Regional Recycling and Transfer Station in October of 1996, the Environmental Resources (ER) Division has operated with an internal transfer fleet and contracted with outside firms to provide supplemental waste transfer hauling services. Operational and fiscal analyses have demonstrated that augmenting ER’s transfer operation with on-call outside, supplemental haulers is the most efficient and cost-effective means of complying with State permit mandates. An internal transfer fleet offers ER the necessary control of staff and vehicles to ensure that Del Norte permit mandates are met. Throughout the year, there can be fluctuations in the waste stream, intermittent ER staff shortages and periodic limited availability of ER vehicles due to maintenance. Supplemental hauling contracts allow the City to prepare for these events and ensure that permit mandates are met. This balance has served the utility well and is consistent with industry standards.

Traditionally, ER transfers up to 195,000 tons per year and the supplemental waste transfer haulers transfer up to approximately 100,000 tons per year from the Del Norte Facility to local and regional contracted landfills and organics processors. The City of Oxnard contracts with Waste Management of California, Inc. for solid waste disposal to the Simi Valley Landfill. Additionally, the City of Oxnard contracts with Agromin Organics Recycling to receive and process organic (green waste) material.

DISCUSSION

On November 14, 2023, the City issued a Request for Bid (RFB) ER 24-34 to solicit bids from waste transfer haulers for supplemental transfer hauling services. The RFB was sent to 12 firms and was posted on the City’s 136
website and www.publicpurchase.com. By the December 11, 2023 deadline, the City received four (4) qualified proposals: J I Gandara Transport (Gandara Transport), Ecology Auto Parts, Inc., Eco Transport, LLC, and American Reclamation. Table 1 below reflects the transfer costs per ton provided by each bidder.

Table 1
Destination J I Gandara
Transport
Ecology Auto
Parts, Inc.

Eco
Transport,
LLC
American
Reclamation
Simi Valley Landfill, 2801 Madera Road, Simi Valley,
CA 93065
$11.95 $12.68 $13.95 $27.95
Agromin Organics Recycling at Limoneira Farms,
12390 Telegraph Road, Santa Paula, CA 93060
$12.00 $12.68 $12.95 $23.04
Agromin Organics Recycling at Simi Valley Landfill,
2801 Madera Road, Simi Valley, CA 93065
$11.95 $12.68 $15.95 $27.95
Toland Road Landfill, 3500 Toland Road, Santa Paula,
CA 93060
$11.95 $12.22 $16.50 $28.80
Chiquita Canyon Landfill, 29201 Mayo Drive, Castaic,
CA 91384
$18.00 $15.82 $18.00 $28.80
TOTAL $65.85 $66.08 $77.35 $136.54

While the City does not currently contract with the Toland Road Landfill or Chiquita Canyon Landfill for solid waste disposal, staff will be exploring this option as an emergency backup in the event of fires or other natural disasters causing Simi Valley Landfill to temporarily close. For this reason, vendors were asked to supply costs to deliver solid waste to the Toland Road Landfill and the Chiquita Canyon Landfill.

Among the four (4) bid proposals reviewed by the Environmental Resources Division Manager, Materials Recovery Facility Manager, and Chief of Collections, it was determined that Gandara Transport submitted the lowest, responsive bid. Thus, staff recommends awarding the contract for supplemental hauling services to Gandara Transport. Staff has confirmed that Gandara Transport meets all required City contractual provisions including possession of a City business tax certificate, insurance certificates and corporate filing with the California Secretary of State. Based upon the available information and research performed to date, staff 137
believes that Gandara Transport is capable of satisfactorily completing the services. Thus, staff recommends that the City Council award the Agreement for these services to Gandara Transport.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The total cost for this agreement with Gandara Transport, LLC for supplemental transfer hauling services shall not exceed $5,000,000 over a three-year period. The spending plan for the remainder of FY 2023-24 is $500,000 and funds are available in the City Council FY 2023-24 Adopted Budget from the Environmental Resources Fund (6313637-54400). The funding for subsequent fiscal years will be requested during the annual budget process.

Table 2
Estimated Spending Plan
FY 2023-24 (4
months)
FY 2024-25 FY 2025-26 FY 2026-27 (8
months)
TOTAL
$600,000 $1,700,000 $1,700,000 $1,000,000 $5,000,000

Prepared by: Eric Zetz, Division Manager, Grant Dunne, Management Analyst III

ATTACHMENTS

1. Agreement 32400334

2. Presentation

138

TRADE SERVICE AGREEMENT

BETWEEN
THE CITY OF OXNARD AND J.I. GANDARA TRANSPORT, INC.

By This Trade Services Agreement (“Agreement”), the CITY of Oxnard (“CITY”) agrees to engage the services of J.I. Gandara Transport, Inc. (“SERVICE PROVIDER”), and SERVICE PROVIDER agrees to perform the services for CITY as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. CITY and SERVICE PROVIDER may be individually referred to as “Party” or collectively as the “Parties.”

1. S
UMMARY DESCRIPTION OF SERVICES. Supplemental Waste Transfer Hauling
T
his Agreement is for supplemental hauling services from the Del Norte Facility to designated landfills or facilities as assigned by the City of Oxnard.

2. P
ARTIES.

C
ITY OF Oxnard (“CITY”), a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030 J
.I. Gandara Transport, Inc. (“SERVICE PROVIDER”), a corporation of the State of California, located at 11749 Wicks St., Sun Valley, California 91352

3. T
ERM OF AGREEMENT: From: March 2, 2024 To: March 1, 2025 3 .1 Time is of the essence in this Agreement.
3 .2 The CITY shall have the option for (2) consecutive (1) one-year extensions, in accordance with the scope of work and general terms and conditions of the Trade Services Agreement. Any price increases or decreases shall be negotiated at time of contract extension.
3 .3 Any Optional Extension (initial term, plus any option to extend) shall not exceed a total of three (3) years. The CITY in its sole discretion may exercise the optional extension upon 60 days written notice to the SERVICE PROVIDER in accordance with Section 11 of this Agreement. SERVICE PROVIDER shall issue its written consent to the CITY’s exercise of the option extension within 10 days of receipt of notice from the CITY. All Notices shall comply with Section 20 of this Agreement.

Agreement 32400334

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3.4 A
ll services required of SERVICE PROVIDER under this Agr eement shall be completed on or before the end of the term of the Agreement.

4. AGREEMENT AMOUNT NOT TO EXCEED: $ 5,000,000.

5. AGREEMENT EXHIBITS: The following documents memorialized below are the only exhibits to this agreement and are incorporated by reference as though fully set forth herein. In the event of a conflict between the Exhibits and this Agreement, the Agreement controls.

Exhibit A: Scope of Services
Exhibit B: Schedule of Compensation
Exhibit C: Insurance Requirements: City Insurance Exhibit INS-I (Pollution) Exhibit D: Living Wage Policy
Exhibit E: Prevailing Wage Policy
Exhibit F: Iran Contracting Certification

6. DESIGNATED REPRESENTATIVES.

The Designated Representatives listed below shall be authorized to act on behalf of the named Party, be responsible for negotiations and contractual matters, and coordinate with each other to perform the services under this Agreement. Additionally, SERVICE PROVIDER’s services shall be performed or immediately supervised by the SERV ICE PROVIDER’s Representative:

CITY Designated Representative: SERVICE PROVIDER Designated Representative:

Name: Eric Zetz Name: Isabel V. Gandara Title: Division Manager Title: President Phone: 805-385-7957 Phone: 818-335-8508 Email: [email protected] E
mail: [email protected]
Mailing Address (if differs from above): Mailing Address (if differs from above):
111 South Del Norte Blvd.

Oxnard, California 93030

7. CONTRACTUAL PREREQUISITES.

7.1. This Agreement must first be executed by the SERVICE PROVIDER, after which the Agreement shall b e approved as to form by the CITY Attorney, then executed by the Mayor, or an authorized person on behalf of the CITY, and if executed by the Mayor shall also be executed by the CITY Clerk.

7.2. A request for modification of the terms, prior to execution of the Agreement, must be made in writing and presented to the Designated Representative of the CITY prior to the time this Agreement is executed.

Agreement 32400334

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7.3. A
ll proof of business license, insurance, and W -9 forms is required prior to execution of this Agreement.

7.4 SERVICE PROVIDER shall not perform any work under this Agreement until a proof of insurance has been provided to the City as required under Section 24 of this Agreement.

8. SERVICE PROVIDER'S SERVICES.

8.1 SERVICE PROVIDER shall perform t he tasks, obligations, and services set forth in the “Scope of Services,” attached to and incorporated into this Agreement as “Exhibit A.” Once this Agreement is executed, the Scope of Services may only be modified by written Amendment pursuant to Section 12 of this Agreement.

8.2 The Services shall be coordinated with the designated City Project Manager set forth in Exhibit A subject to the direction of the City Manager or Department Director. SERVICE PROVIDER hereby designates its Project Manager as set forth in “Exhibit A” as the person responsible for the Services who shall coordinate with City’s Project Manager in executing the scope of services under this Agreement.

9. COMPENSATION.

CITY shall pay SERVICE PROVIDER for the services performed pursuant to the terms of this Agreement in the time and manner set forth in the “Schedule of Compensation,” attached to and incorporated into this Agreement as “Exhibit B.” CITY shall pay SERVICE PROVIDER an amount not to exceed the amount is listed in Section 4 of this Agreement. Once this Agreement is executed, the Schedule of Compensation may only be modified by written Amendment pursuant to Section 12 of this Agreement, and may be subject to approval by the City Council.

9.1 Price Adjustments. Unless otherwise stated, prices are maximum for the term of the Contract. Price adjustments, if allowed under this Contract, must be requested in writing and accompanied by the required information to substantiate the request for price adjustment, as set forth in the Contract. Any allowable request for price adjustment must be delivered to the CITY at least 30 days before the adjusted prices become effective. No price adjustment allowable under this Contract will be granted retroactively. The CITY must also be given the benefit of any decline in prices. If any price increase is granted by the CITY, the increase shall not be greater than 3% from the prior year.

10. PAYMENT & INVOICES.

The CITY shall pay all undisputed portions of any applicable invoice within thirty (30) days after receipt of an invoice. In the event the CITY disputes one or more items in an invoice, the CITY shall, within thirty (30) days after receipt of such invoice, notify the SERVICE PROVIDER of the item(s) being disputed and the reason(s) therefore. The CITY may withhold payment for such disputed items until resolution of the dispute.

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10.1 Payment Request. SERVICE PROVIDER shall submit a payment request to CITY by the end of each calendar month listing the Services provi ded, costs of those Services, and total amount due for the month. Invoices may be emailed to:
[email protected].

10.2 Non-Appropriation of Funds. Payments to be made to SERVICE PROVIDER by CITY for the Se rvices performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered appropriation of CITY. In the event CITY does not appropriate sufficient funds for payment of the Services beyond the current fiscal year, this Agreement shall cover payment for the Services only up to the conclusion of the last fiscal year in which CITY appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.

10.3 SERVICE PROVIDER’s acceptance of final payment made pursuant to this Agreement shall constitute a release of CITY from all claims and liabilities for compensation to SERVICE PROVIDER for anything completed, finished or relating to the Services. CITY’s payment shall not constitute nor be deemed a release of the responsibility and liability of SERVICE PROVIDER for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by CITY for any defect or error in the Services performed by SERVICE PROVIDER and its employees, agents and Subcontracted service providers.

10.4 SERVICE PROVIDER shall provide CITY with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the Services performed by SERVICE PROVIDER or materials or products provided to CITY by SERVICE PROVIDER, SERVICE PROVIDER shall pay the sales tax. CITY shall not reimburse SERVICE PROVIDER for sales taxes paid by SERVICE PROVIDER.

11. OPTION TO EXTEND AGREEMENT.

When in the CITY’s best interest, this Agreement may only be extended, if the City in its discretion exercises the option to extend pursuant to Section 3.2 and 3.3 of the Agreement. The initial term, plus any option to extend, shall not exceed a total of five (5) years. If no option to extend the A greement appears in section 3.2, then this Agreement shall not be extended.

12. MODIFICATION OF AGREEMENT.

This Agreement may be amended, modified, or otherwise altered, or its provisions waived, only upon mutual consent of the Parties by written amendment, and as authorized by the Oxnard Municipal Code, Article IV, Sections 4-59 and 4-60.

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13. TE
RMINATION OF AGREEMENT.

CITY may terminate this Agreement at any time, with or without cause and without penalty, upon fifteen (15) calendar days’ prior written notice pursuant to Section 20 of this agreement. Such termination shall be effective on the date specified in the notice, or if no date is specified, then fifteen (15) calendar days from the date of the notice. CITY shall be liable to SERVICE PROVIDER only for work done by SERVICE PROVIDER up to and including the date of termination of this Agreement unless the termination is for cause, in which event SERVICE PROVIDER need be compensated only to the extent required by law. SERVICE PROVIDER may terminate this Agreement at any time during the term of the Agreement by giving the CITY sixty (60) calendar days’ written notice.

14. INDEPENDENT CONTRACTOR

SERVICE PROVIDER is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its employees or agents shall have control over the conduct of SERVICE PROVIDER or any of its employees, except as stated in this Agreement. SERVICE PROVIDER has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting SER VICE PROVIDER. This Agreement shall not be interpreted to prevent or preclude SERVICE PROVIDER from rendering any services for SERVICE PROVIDER’s own account or to any other person or entity as SERVICE PROVIDER in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services the SERVICE PROVIDER shall perform for the City. The CITY retains the right to provide general instructions to and observe the SERVICE PROVIDER in the performance of all services done on behalf of the CITY.

SERVICE PROVIDER and its employees and agents have no authority, express or implied, to act on behalf of City in any capacity, to incur any debt, obligation or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent.

SERVICE PROVIDER and its employees are not employees of City. SERVICE PROVIDER and its employees are not entitled to receive from City any of the benefits or rights afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long -term disability and workers’ compensation insurance benefits. SERVICE PROVIDER shal l not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City.

15. LAWFUL PERFORMANCE.

SERVICE PROVIDER shall abide by all Federal, State, and Local Laws and Regulations as may be related to the performance of duties under this Agreement.

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SE
RVICE PROVIDER, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

16. SAFETY REQUIREMENTS.

SERVICE PROVIDER shall not perform any services for the CITY when the SERVICE PROVIDER is impaired by alcohol or a controlled substance. When there is reasonable cause to believe that any person has violated this provision, that person shall be immediately removed from the premises and be subject to any applicable civil and/or criminal penalties under the CITY’s Code and/or under state law. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public. The CITY reserves the right to issue restraining or cease and desist orders to SERVICE PROVIDER when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The acceptance of SERVICE PROVIDER's work by CITY shall not operate as a release of the SERVICE PROVIDER from such standard of care and workmanship.

17. OWNERSHIP OF SERVICE PROVIDER’S WORK PRODUCT,
CONFIDENTIALITY & DISCLOSURE.

CITY shall be the owner of any and all technical documents and records, including, computations, plans, correspondence, and/or other pertinent data and information, both hard copy and electronic, gathered or prepared by SERVICE PROVIDER in performance of this Agreement and shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when the same may be requested by CITY.

17.1. Records and Inspections. The SERVICE PROVIDER sha ll maintain full and accurate records, with respect to all services and matters covered under this Agreement. The CITY shall have free access at all reasonable times to such records, both hard copy and electronic, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities.

17.2. Deliverables. SERVICE PROVIDER shall deliver to the CITY the studies, plans, specifications, or other documents as are identified in the Scope of Services; and SERVICE PROVIDER shall, upon completion of all work, submit to the CITY all information developed in the course of the SERVICE PROVIDER's services.

SERVICE PROVIDER shall, in such time and in such form as the CITY may require, furni sh reports concerning the status of services required under this Agreement. SERVICE PROVIDER shall, upon request by CITY and upon completion or termination of this Agreement, deliver to the CITY all material furnished to SERVICE PROVIDER by the CITY.

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17.3. Ow
nership – Generally. All inventions, discoveries, enhancements, changes, or improvements of computer programs developed pursuant to this Agreement shall be the property of the CITY, and all patents or copyrights shall be assigned to the CITY, unless otherwise agreed. SERVICE PROVIDER agrees that CITY may make modifications to computer software furnished by SERVICE PROVIDER without infringing SERVICE PROVIDER’s copyright or any license granted to CITY, unless otherwise agreed.

17.4. Ownership of Documents. Every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by the SERVICE PROVIDER pursuant to or in connection with this Agreement shall be the exclusive property of the CITY.

17.5. Confidentiality. Information that is exempt from disclosure to the public is confidential. This includes information relating to the past, present, or future affairs of the City or information belonging to a third party whose information is in the City’s possessi on or control under obligations of confidentiality. SERVICE PROVIDER may be granted access to information that is exempt from disclosure to the public (Government Code Section 7920.505) and may contain “trade secrets” (see Government Code Section 7924.510(f)) when it is necessary for SERVICE PROVIDER to perform its obligations pursuant to this Agreement. If SERVICE PROVIDER is granted such access to confidential information, SERVICE PROVIDER shall not be considered to be a member of the public as that term is used in Government Code Section 7920.515.

17.6. Disclosure of Information. SERVICE PROVIDER shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to t he projects assigned to SERVICE PROVIDER by the CITY or other information to which the SERVICE PROVIDER has had access during the term of this Agreement without the prior written approval of the CITY’s Designated Representative during the term of this Agreement and for a period of two (2) years after the termination of this Agreement.

17.7. No Warranty. Other than an obligation upon the CITY to deal in good faith, the CITY makes no warranties and shall bear no liability or responsibility for errors or omissions in any Confidential Information disclosed under this Agreement or for any business decisions made by SERVICE PROVIDER in reliance on any Confidential Information disclosed under this Agreement.

18. ASSIGNMENT.

This Agreement is for the non-professional services of SERVICE PROVIDER. Any attempt by SERVICE PROVIDER to assign the benefits or burdens of this Agreement without the prior written approval of CITY shall be prohibited and shall be null and void.

SERVICE PROVIDER's services pursuant to this Agreement shall be provided by the SERVICE PROVIDER’s Designated Representative or directly under his/her supervision, Agreement 32400334

145
and SE
RVICE PROVIDER shall not assign another to supervise the SERVICE PROVIDER's performance of this Agreement without the prior wri tten approval of CITY, by and through the CITY’s Designated Representative.

19. NOTICE OF BREACH AND OPPORTUNITY TO CURE.

Neither Party will be in breach of this Agreement where the breach is capable of being cured, or until written notice of the breach is received from the non-breaching Party.

The Party charged with breach will have fifteen (15) calendar days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other Party within fifteen (15) days from the date on which the breaching Party received notice of breach, the non- breaching Party may terminate this Agreement. Notice shall be given in the manner set forth in section 20.

20. NOTICES.

All notices given or required to be given pursuant to this Agreement shall be in writing and may be given by personal delivery or by first -class mail. Notice sent by mail shall be addressed to each Party’s Designated Representative as set forth above in Section 6. When addressed in accordance with this Section, such notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section.

21. COVENANTS AND CONDITIONS.

Each term and each provision of this Agreement to be performed by SERVICE PROVIDER shall be construed to be both a covenant and a condition.

22. WAIVER.

CITY’s review or acceptance of, or payment for, work product prepared by SERVICE PROVIDER under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from SERVICE PROVIDER’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.

23. INDEMNIFICATION, HOLD HARMLESS & DEFENSE.

23.1 As a separate and independent covenant from SERVICE PROVIDER’s obligations under this section, SERVICE PROVIDER shall to the fullest extent permitted by law, immediately defend, indemnify, and hold harmless CITY, its Agreement 32400334

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leg
islative and advisory bodies, and the CITY’s officials, director s, officers, employees, and agents (the “Indemnitees”) from and against all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with SERVICE PROVIDER’s performance of this Agreement or SERVICE PROVIDER’s failure to comply with any of its obligations contained in this Agreement. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. SERVICE PROVIDER’s obligation to indemnify applies unless it is adjudicated that any of the liabilities covered by this Section are the result of the sole active negligence or sole willful misconduct of any of the Indemnitees.

23.2 The duty to defend is a separate and distinct obligation from SERVICE PROVIDER’s duty to indemnify. SERVICE PROVIDER shall be obligated to defend in all legal, equitable, administrative, or special proceedings, with counsel approved by the CITY Attorney, immediately upon tender to SERVICE PROVIDER of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of negligence or willful misconduct by any of the Indemnitees shall not relieve SERVICE PROVIDER from its separate and distinct obligation to defend the Indemnitees. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes the obligation to provide independent defense counsel if SERVICE PROVIDER asserts that liability is caused in whole or in part by the negligence or willful misconduct of the Indemnitees. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of any of the Indemnitees, SERVICE PROVIDER may submit a claim to CITY for reimbursement of reasonable attorneys’ fees and defense costs.

23.3 The review, acceptance or approval of SERVICE PROVIDER’s work or work product by any of the Indemnitees shall not affect, relieve or reduce SERVICE PROVIDER’s indemnification or defense obligations. SERVICE PROVIDER waives any right of contribution against CITY or any of CITY’s officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by SERVICE PROVIDER pursuant to this Agreement. The provisions of this Section shall not be restricted by and do not affect the provisions of this Agreement relating to Section 24. The SERVICE PROVIDER’s obligations under this Section of the Agreement shall survive the termination of the Agreement.

23.4 SERVICE PROVIDER agrees to pay all required taxes on amounts paid to SERVICE PROVIDER under this Agreement, and to indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. SERVICE PROVIDER shall be solely responsible for, and shall save CITY harmless from, all matters relating to the payment of SERVICE PROVIDER’s Agreement 32400334

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subc
ontractors, material suppliers, directors, officers, employees, agents and representatives, including compliance with social security requirements, federal and State income tax withholding, and all other regulations governing employer - employee relations, as applicable. CITY shall have the right to offset against the amount of any compensation due to SERVICE PROVIDER under this Agreement any amount due to CITY from SERVICE PROVIDER as a result of its failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.

24. INSURANCE.

SERVICE PROVIDER shall obtain and maintain during the performance of any services under this Agreement the insurance coverages listed within “Exhibit C”, which is attached hereto and incorporated herein by this reference, unless the Risk Manager waives, in writing, the requirement that SERVICE PROVIDER obtain and maintain such insurance coverages. Such insurance must be issued by a company satisfactory to the Risk Manager. SERVICE PROVIDER shall, before performance of any Services pursuant to this Agreement, file with the Risk Manager evidence of insurance coverage as specified in “Exhibit C”. Maintenance of insurance coverages by SERVICE PROVIDER is a material element of this Agreement. SERVICE PROVIDER’S failure to maintain or renew insurance coverages or to provide renewal evidence shall be considered a material breach of this Agreement.

25. LIVING WAGE REQUIREMENTS.

During the term of this Agreement, SERVICE PROVIDER understands and agrees that if Living Wages are applicable subject to the 2002 Oxnard City Council Living Wage Policy, attached as “Exhibit D” to this Agreement. SERVICE PROVIDER will pay and/or provide the wages and/or benefits required therein to all of its employees engaged in whole or in part in performing the services provided for by this Agreement. The duty to pay the correct wage is the responsibility of the SERVICE PROVIDER.

26. PREVAILING WAGE REQUIREMENTS.

26.1. Application.

The payment of State prevailing wages as designated for Ventura County shall apply to public works projects. However, this section shall not apply to work performed on a public works project of twenty -five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work; or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.

Prevailing wages are required to be paid to all workers, including subcontracted employees.

26.2. Compliance with California Department of Industrial Relations (DI R).

To determine if this Agreement is subject to compliance monitoring and enforcement, go to:

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http
s://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html

26.3. Contract Splitting. It is unlawful to split, or separate into small portions, work orders, projects, purchases, or public works projects for the purpose of evading these prevailing wage requirements.

26.4. Use of Prevailing Wages vs. Living Wages. In the event that there is a difference between the amount of wages to be paid under the CITY of Oxnard’s local Living Wage requirements and the requirements of this provision, the wage rate that is the higher of the two shall be applicable to this Agreement. The duty to pay the correct wage is the responsibility of the SERVICE PROVIDER.

27. CONFLICT OF INTEREST

S
ERVICE PROVIDER covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of SERVICE PROVIDER’s services under this Agreement. SERVICE PROVIDER further covenants that in the performance of services under this Agreement, no officer, employee or agent of SERVICE PROVIDER having such interest shall be employed by it. In the event the CITY determines that SERVICE PROVIDER must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, SERVICE PROVIDER shall file such Form 700 with the CITY Clerk’s Office pursuant to the written instructions provided by the CITY Clerk. Acquisition or maintenance of a conflicting interest by SERVICE PROVIDER may result in termination of this Agreement by the CITY.

28. IRAN CONTRACTING ACT

[DELETE “IRA” IF AGREEMENT TOTAL IS LESS THAN $1 MILLION & Replace with term [RESERVED] ] IRAN Contracting Exhibit is in the Agreements Folder on the S Drive.

In accordance with the Iran Contract Act of 2010 (Public Contract Code sections 2200- 2208) the City requires that any CONSULTANT that submits a proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or services of one million dollars ($1,000,000) or more, must certify, that the CONSULTANT is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.

A CONSULTANT is ineligible to enter into any contract with the CITY for goods or services of one million dollars ($1,000,000) or more if the CONSULTANT engages in investment activities in Iran. CONSULTANT must certify that it is not on the list of ineligible vendors prohibited from doing business with the State of California and shall complete the Iran Contract Act Certification attached as Exhibit F.

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29. [R
ESERVED]

30. DISPUTES.

Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this Agreement, shall be decided by the CITY’s Designated Representative, who shall reduce this decision to writing and mail a copy to the SERVICE PROVIDER. The decision of the CITY’s Designated Representative shall be final and conclusive unless SERVICE PROVIDER requests mediation within ten (10) calendar days. Pending final decision of a dispute, the SERVICE PROVIDER shall proceed diligently with the performance of the Agreement and in accordance with the decision of the CITY’s Designated Representative.

31. DISPUTE RESOLUTION.

Should an unresolved dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within a reasonable time not to exceed forty five (45) days of a request. The mediator shall be agreed to by the mediating Parties. In the absence of an agreement on a mediator, the Parties shall each submit one name from mediators listed by the Americ an Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed- upon service. The mediator shall be selected by a “blindfold” process. The cost of mediation shall be borne equally by both Parties. Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.

32. AUDIT.

CITY shall have the option of inspecting, auditing and/or reproducing all records and other written materials: used by SERVICE PROVIDER in preparing its billings to CITY as a condition precedent to any payment to SERVICE PROVIDER; or for other purposes relating to the Agreement. SERVICE PROVIDER will promptly furnish all documents requested by CITY. Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit SERVICE PROVIDER for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, SERVICE PROVIDER shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by CITY, whichever occurs later. SERVICE PROVIDER shall maintain all such records in CITY or to promptly reimburse CITY for all reasonable costs incurred in conducting the audit at a location other than in CITY, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. SERVICE Agreement 32400334

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PROV
IDER shall include a copy of this Section in all contracts with its subcontractors, and SERVICE PROVIDER shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or CITY.

33. ADVERTISING AND PUBLICITY

SERVICE PROVIDER shall not use the name of or refer to CITY directly or indirectly in any advertisement, news release, or professional or trade publication without prior written approval from the City Manager. This Section shall survive the termination of this Agreement.

34. NONDISCRIMINATORY EMPLOYMENT.

SERVICE PROVIDER shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethni c group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status.

SERVICE PROVIDER understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, SERVICE PROVIDER shall be responsible for such subcontractor’s compliance with this Section.

35. FORCE MAJEURE.

Neither the SERVICE PROVIDER nor the CITY shall be responsible for any delay caused by any contingency beyond their control, including, but not limited to, war or insurrection, walkouts by the Party’s own employees, fires, natural calamities, riots, or demands or requirements of governmental agencies other than the CITY.

36. GOVERNING LAW.

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

37. SEVERABILITY.

If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect and be enforceable.

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38. INT
EGRATED AGREEMENT.

This Agreement and the attached exhibits referenced herein to this Agreement represent the entire understanding between the Parties. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the Parties to this Agreement and any subsequent successors and assigns.

39. NO THIRD-PARTY BENEFICIARY.

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

40. AUTHORITY TO EXECUTE.

Each Party hereto expressly warrants and represents that through its Designated Representative it has the authority to execute this Agreement on behalf of its corporation, partnership, business entity, or governmental entity, and warrants and represents that the Designated Representative has the authority to bind each Party to the performance of its obligations hereunder.

41. EXECUTION – COUNTERPARTS.

This Agreement may be executed in any number of counterparts and each such duplicate counterpart shall constitute an original, but they shall not be effective nor enforceable unless and until it is executed with the handwritten signature of an authorized representative of each of the relevant Parties. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterpart executed by the other Party to this Agreement is in the physical possession of the Party seeking enforcement thereof.

42. INCONSISTENT OR CONFLICTING TERMS.

In the event of any contradictions or inconsistencies between any attached documents or exhibits incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control. Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the CITY are not binding upon the CITY’s Designated Representative unless specifically agreed to in writing, and initiated by CITY’s Designated Representative, as to each additional contractual term or condition.

43. ACKNOWLEDGEMENT.

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By
signing below, SERVICE PROVIDER acknowledges that it has reviewed the CITY’s Trade Services Agreement terms and conditions and insurance requirements and that SERVICE PROVIDER hereby agrees to full compliance.

[Signatures on next page]

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In wi
tness whereof, the Parties have entered into this Agreement effective on the date as written in section 3 and upon signature of all Parties.

CITY OF OXNARD J.I. GANDARA TRANSPORT, INC.

☐John C. Zaragoza, Mayor1 Date Isabel V Gandara, CEO Date ☐Jennifer Yates, 2
Purchasing Manager

M Leticia Gandara, Date
Secretary3

ATTEST:

Rose Chaparro, CITY Clerk Date
(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 execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 3 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company.

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EX

HIBIT A

TRADE SERVICE AGREEMENT
(CITY of Oxnard and J.I. Gandara Transport, Inc. )

SCOPE OF SERVICES

INSERT CITY PROJECT MANAGER FOR THI S AGREEMENT: James Torrez / 805- 200-2215 / [email protected]

Provide supplemental hauling services from Del Norte Facility to designated landfills or facilities as assigned by the City.

Contractor shall be capable of hauling up to 100,000 tons of solid waste material every year over the term of this contract. Contractor is expected to have a daily minimum of (5) five tractor-trailers with trailer walking floors available for “on-call” upon the City’s request to provide waste transfer hauling. Contractor shall be expected to haul up to 4 loads per tractor-trailer each day the City makes an “on-call” request if needed.

Due to the configuration of Del Norte for loading trailers, trailers should be 48 feet in length by 8 feet and five inches in width and no more than 13 feet and 7 inches in height.

Walking floor trailers or tipper trailers are required at the Simi Valley Landfill.

On request of City, Contractor shall, pursuant to this Agreement, haul solid waste, green waste or recyclables from Del Norte to the Simi Valley Landfill or other facilities as designated by the City. If during the term of the Agreement City designates a landfill or facility not identified in this Section of Agreement, Contractor shall provide the City its rate per ton hauled to that landfill.

Since the City has a tonnage flow commitment to the Simi Valley Landfill, the haul rate to this landfill is important to the City. This agreement is for supplemental waste transfer hauling service. The City does not guarantee that City will request Contractor to haul any minimum or maximum amount of solid waste tons.

CONTRACTOR SERVICE SCHEDULE AND CONDITIONS

Contractor shall provide hauling service only upon the request of the City. Del Norte hours are 5:30 am to 5:00 pm Monday through Saturday. Contractor shall follow all laws, regulations, safety rules and practices at the Facility and landfills, including the Del Norte Regional Recycling and Transfer Station Loading Procedure Policy attached as Exhibit A-1.

City shall give Contractor at least 24 hours’ notice by telephone of assignments to haul.

City shall specify the number of trucks required and specify the facility where the material is to be delivered.

Contractor shall maintain tractor-trailers to perform haul operations in a legal, safe and effective manner. Contractor shall keep tractor-trailers in a clean condition and maintain a good appearance. Contractor shall provide City a copy of certification to verify safety Agreement 32400334

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audit
s performed by California Highway Patrol or Bi -Annual Terminal “BIT” inspections on Contractor’s tractor -trailers. Upon City’s request, Contractor shall provide all maintenance records of tractor-trailers providing hauling service under this Agreement.

City shall inspect Contractor’s tractor -trailers as City determines is necessary. Upon request of City, Contractor shall repair, at Contractor’s expense, any item on tractor - trailer that City d eems necessary to repair to perform hauling services. The Contractor shall repair the item within a reasonable time as not to adversely impact hauling service.

Contractor’s tractor-trailers shall be in good mechanical and operational condition and clean before hauling each load from Del Norte.

Contractor shall use its best efforts to provide a sufficient number of trucks and drivers to Del Norte at the days and times specified by City.

Contractor shall provide City with a facility weight ticket identifying the amount of tons hauled by Contractor to the Facility.

Contractor shall provide City with tare weights of tractor-trailers used by the Contractor.

Tractor-trailers shall have a full tank of fuel when the weight is tared.

Contractor shall provide City with vehicle numbers of tractor -trailers used by the Contractor.

Contractor must be available to haul solid waste, green waste, wood, and recyclable material at the City’s request. The denial of loads by the Contractor may be interpreted as nonperformance and breach of this Agreement.

ABILITY TO

Contractor shall have the ability to respond to City assignments in a timely fashion regardless of material. Contractor shall have the ability to communicate effectively and be accessible to City staff. Contractor shall have the ability to maintain records.

Contractor shall have ability to invoice City on a regular basis with detailed billing information

STAGING/PARKING AREA

City and Contractor may enter into a separate agreement (license agreement) for the City to lease property to Contractor on Del Norte’s property site for overnight parking of Contractor’s tractor-trailer vehicles for a maximum of five tractor -trailer vehicles. Based on City’s hauling needs, City shall determine the number of tractor-trailers staged (up to five maximum) at Del Norte by Contractor. Upon City’s request, City shall give Contractor 24-hour notice by telephone to change the number of tractor- trailers staged at Del Norte by Contractor.

MAINTENANCE

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Cont
ractor may provide its own preventative maintenance, washing, and fueling of its tractor-trailers staged at Del Norte. All labor, equipment, parts, supplies, fuel, and other related materials to maintain, wash, and fuel Contractor’s tractor -trailers shall be performed by the Contractor and at the sole expense of the Contractor. Contractor shall perform all maintenance, washing and fueling of its tractor- trailers at Del Norte from 5:00 p.m. to 5:30 a.m. Monday through Saturday when Del Norte is closed to the public.

Contractor shall not perform any major repairs of its tractor -trailers at Del Norte.

Contractor shall collect and dispose of all debris generated from maintenance, washing and fueling of its tractor-trailers. Contractor shall use its own catch basin and safely and responsibly dispose of all liquid waste from washing its tractor -trailers. At City’s sole discretion, Contractor may stage maintenance, vehicle parts, and other apparatus to maintain, fuel and wash Contractor’s tractor -trailers at Del Norte. Contractor must use containment methods requested by the City.

COMPENSATION

Contractor shall submit a haul rate per solid waste ton delivered to the landfill or facility.

Contractor’s haul rate shall include all cost for labor, fuel, equipment, maintenance, repairs, parts and supplies and all other hauling costs.

a. Since the City has a tonnage flow commitments to the Simi Valley Landfill the haul rate to this landfill is important to the City. This agreement is for supplemental hauling services. The City does not guarantee that City will request Contractor to haul any minimum or maximum amount of solid waste tons.
b. If during the term of the Agreement City designates a landfill or facility not identified in the Agreement, Contractor shall provide City its rate per ton hauled to that landfill.

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EXHIBIT A-1
Del Norte Regional Recycling and Transfer
Station Transfer Vehicle Loading Procedure

1. SCOPE:

This procedure will outline the steps necessary to safely load transfer vehicles.

Compliance with this procedure is mandatory. Failure to follow the steps in this procedure may result in injury and/or result in disciplinary action up to termination.

2. OBJECTIVES:

1. Safely load transfer vehicles

2. Standardize radio communications between Dispatch, loaders, spotters , and transfer vehicles.

3. Minimize safe loading times. TPR Section 6.0 page 16.

4. Set rules of conduct between Dispatch, loaders, spotters , and transfer personnel.

5. Safely maximize transfer vehicle weight to ensure minimum truck trips and reduce carbon emissions.

3. PROCEDURE:

1. All personnel entering the MRF facility will be required to wear hard hats, safety- vests and safety glasses, gloves , and safety footwear. Spotters will be required to wear flashing LED safety vests. Other staff may be required to wear additional safety equipment at the discretion of Management.

2. Non-essential radio conversation will be strictly avoided.

3. No individual may enter the port tunnels unless both ports are covered.

The only exception to this being an emergency.

4. All other employees or individuals working on location will be required to wear a hard hat, safety vest, safety glasses, gloves, and safety footwear.

5. All vehicles will strictly adhere to the 15 MPH or less speed limit at all times.

6. Prior to entering the port tunnels transfers will proceed to the designated area marked “STOP” at the entrance of tunnel.

7. ALL dr
ivers expecting to enter the port tunnel will stop their trucks before the “STOP” sign located at entrance of tunnel.

8. Transfers will park to the far right of the lane in single file and leave left l
ane clear.

9. Upon reaching the “STOP” sign, transfers will report to Dispatch via radio and provide their truck I.D. number and full name.

10. Transfers will then inform Dispatch their readiness to enter the port tunnel and wait for instructions. No transfer truck may proceed until given permission from Dispatch.

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11. Di
spatch will be expected to update transfer drivers of status changes to loading trucks waiting in line. Transfer drivers will comply with any changes.

12. Contractor/Green Waste Transfer trucks will be allowed to pull up to the “STOP” sign on the left lane only when instructed by Dispatch and wait for instructions before entering port tunnel.

13. Dispatch will verbally acknowledge all communications requested by transfer drivers.

14. Communications between transfer drivers, loaders and Dispatch shall remain professional, courteous and to the point. A clear, uninterrupted line of communication shall be maintained at all times whenever possible.

15. Whenever a concern or disagreement arises as to dispatching, a phone conversation shall take place with Dispatch supervisor instead.

16. While vehicle is under port tunnels, Dispatch will use full name of transfer driver and vehicle ID to communicate.

17. Transfers will only enter the tunnel when material to be loaded is ready and transfer driver has received verbal confirmation from Dispatch. Clean wood or green waste will only be loaded in designated vehicles.

18. Dispatch will decide and inform transfers drivers the type of material to be loaded. This determination is based upon operational needs. Dispatch will make the final decision as to who will enter the tunnel and what loads will take precedent.

19. Upon entering port tunnels, transfers drivers will adhere to ALL v erbal
instructions provided by Dispatch.

20. When staged and properly aligned, transfer driver shall set both tractor and t
railer airbrakes prior to loading. Transfer driver will verbally confirm to Dispatch that brakes have been set.

21. Dispatch will verbally verify truck-port alignment and verbally confirm with transfer driver that alignment is set.

22. Transfer drivers shall remain inside their vehicles at all times while parked under tunnel for safety reasons. The only exception to this being an emergency. If transfer driver has to leave the truck due to an emergency, they will verbally notify Dispatch that they are leaving the vehicle if it is feasible to do so.

23. Loading time shall only start after RED light is turned on. Dispatch will verbally confirm when loading will commence.

24. After truck is loaded, Dispatch will verbally confirm that loading is complete and switch on a GREEN light.

25. Dispatch will then verbally contact transfer driver via radio and acknowledge that vehicle can exit from port tunnel. Dispatch will also verbally contact transfer driver if potential hazards exist with material loaded; ie: overweight, wood sticking out, etc.

26. Transfer driver may not move until both a GREEN light and verbal permission have been received by Dispatch. Transfer must verbally respond and acknowledge with Dispatch before moving truck.

27. If there is a loss of power to premises, Dispatch will confirm and verify all instructions step-by-step and will guide the transfer driver to move the vehicle from under port tunnel back to main staging area.

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28. No one
, including Spotters, shall be assigned to manually clear any remaining debris that may be protruding from the truck while trucks are under the ports tunnels.

29. Should load leveling be required, transfer drivers shall drive to a flat surface area, inspect load, tarp and call Dispatch for added assistance when needed.

30. Trucks shall not be permitted to stop at the exit incline for load inspection or tarping.

31. Dispatch supervisor will make the decision to assign the task of clearing top of trailer.

4. SPOT
TER / SAFETY REQUIREMENTS AT TIPPING AREA:

1. All personnel entering the MRF facility will be required to wear hard hats, safety- vests and safety glasses, gloves and safety footwear. Spotters will be required to wear flashing LED safety vests. Other staff may be required to wear additional safety equipment at the discretion of Management.

2. Spotter shall NOT a pproach or be near the loading ports while loader is active and running.

3. Dispatch will instruct loader operator to park, turn off and exit loader w
henever personnel such as a spotter may need to work near any loading port. Loader will acknowledge and confirm by radio.

4. Spotter will ONLY approach or be near the loading ports if loader is safely parked, turned off and no one is inside the cabin.

5. Spotter will NOT walk adjacent to open ports unless covers are fully in place.

6. A plastic chain attached to portable stands shall be posted near tunnel ports but not closer than 72” (6 feet) whenever ports are not covered (Per Transfer Processing Report).

7. Spotter will maintain visual and radio contact with Dispatch.

8. Spotters directing vehicle traffic inside the MRF area shall use LED wands to direct traffic.

9. Spotters shall never walk adjacent or look into the loading ports to access the tops of trailers.

10. Clearing and adjusting the objects that may be protruding from above the top rails of truck while under the loading ports shall NOT be done by anyone whether they are using extension tools or not.

11. No one shall be permitted under the tunnel ports unless the tunnel port covers are fully set in place and permission to do so has been granted by Dispatcher or Dispatch supervisor.

12. All personnel entering the port tunnels to clean, sweep or clear area of debris shall first receive radio clearance from Dispatch to do so before AND after completing any tasks underneath tunnels.

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5. MATERIALS:

1. None.

EQU
IPMENT:

1. Portable UHF or VHF radios.

2. Hard Hats.

3. Safety Glasses.

4. Standard Safety-vests.

5. LED Safety-vests.

6. LED wands.

7. Gloves.

8. DOCUMENTATION:

1. Copies of this Transfer Vehicle Loading Procedure are to be placed in the Environmental Resources Division Illness and Injury Prevention Plan, in the Driver Break Room, and at the Dispatch Control Room.

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EXHI
BIT B

TRADE SERVICE AGREEMENT
(CITY of Oxnard and J.I. Gandara Transport)

SCHEDULE OF COMPENSATION

Contractor shall furnish all labor, materials, supplies and equipment, and perform operations necessar y to complete the Services. Contractor shall provide minimum tonnage per load and cost per ton hauled.

ITEM
NO.

SUPPLEMENT SUPPLEMENTAL WASTE TRANSFER

HAUL SERVICE
Rate Per Ton
Haul

1 Simi Valley Landfill 20 tons minimum per load 2801
Madera Road, Simi Valley, CA 93065 (municipal solid
waste)

$11.95

2 Toland Road Landfill 20 tons minimum per load 3500
Toland Road, Santa Paula, CA 93060 (municipal solid
waste)

$11.95

3 Agromin Organics Recycling at Limoneira Farms 19 tons minimum 12390 Telegraph Road, Santa Paula, CA
93060 (yard trimmings)

$12.00

4 Agromin Organics Recycling at Simi Valley Landfill 15 tons minimum 2801 Madera Road, Simi Valley, CA 93065
(Wood waste)

$11.95

5 Chiquita Canyon Landfill 20 tons minimum per load 29201 Mayo Drive, Castaic, CA 91384 (municipal solid waste)

$ 18.00

The average load shall be determined from the loads hauled by Contractor to each landfill on a quarterly basis per every three consecutive calendar months beginning on July 1, 2024. If the quarterly period average load is determined to be less than 20 tons per load (municipal solid waste) at the designated landfill then City shall pay Contractor the tonnage difference between the shortfall and average load based on the rates per landfill as specified in Exhibit A of this solicitation. For example, if the Contractor hauled 50 loads to the Simi Valley Landfill that totaled 950 tons of solid waste for an average of 19 tons per load in a calendar quarter period then the City is responsible for pay ing the Contractor the tonnage shortfall difference of 50 tons at $11.95 per ton for a payment of $239.00.

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EX

HIBIT C

TRADE SERVICES AGREEMENT
(CITY of Oxnard and J.I. Gandara Transport)

INSURANCE REQUIREMENTS

Prior to contract approval, CONSULTANT/SERVICE
PROVIDER/SELLER/BIDDER (hereafter referred to as “SERVICE PROVIDER”) must procure, agree to maintain and supply evidence of insurance at the levels listed and in accordance with the other provisions listed in this document
Exhibit INS-I

INSURANCE REQUIREMENTS FOR VENDORS
(WHO DELIVER, INSTALL OR MAINTAIN PRODUCTS WITH CONTRACTORS POLLUTION LIABILITY)

1. Vendor shall obtain and maintain during the performance of any services under this Agreement the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the sale and delivery, installation or maintenance of products by vendor, its agents, representatives, or employees.

a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project or shall be twice the occurrence amount;

b. Business Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;”

c. 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.

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.

2. Vendor 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 -I. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before work commences. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email. If you have not received your request or are having difficulty with electronic upload, contact [email protected]

3. Vendor agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled by either party, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.

4. Vendor 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 vendor; products and completed operations of vendor; premises owned, occupied or used by vendor; or automobiles owned, leased, hired or borrowed by vendor. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees and Agreement 32400334

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volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS- I 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 coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have a gainst the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

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

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INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS

Certificates of Insurance

The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exh ibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number.

Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.

Endorsement Forms

Original endorsements are required for commercial general liability and business 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.

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SAMPL

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

PRODUCER

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

CODE SUB-CODE

COMPANIES AFFORDING INSURANCE COVERAGE

INSURED

COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY

LETTER B

COVERAGES

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

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

CO
LTR

TYPE OF INSURANCE

POLICY NUMBER

POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)

LIMITS

A

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

GENERAL AGGREGATE $1,000,000
PRODUCTS COMP/OP AGG. $1,000,000
PERSONAL & ADV. INJURY $1,000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $

A

AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY

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

A

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM

EACH OCCURRENCE $
AGGREGATE $

A

WORKERS' COMPENSATION
AND

EMPLOYERS' LIABILITY

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

A

OTHER
Contractors Pollution Liability and Contractors Pollution Errors & Omissions 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 TH
EREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO THE

CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.

AUTHORIZED REPRESENTATIVE

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

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

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

NAMED INSURED

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

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

Claims Made
Retroactive Date
Occurrence

OTHER PROVISIONS

COVERAGES

LIABILITY LIMITS IN THOUSANDS $
EACH

OCCURRENCE

AGGREGATE

GENERAL
PRODUCTS/COMPLETED OPERATIONS
PERSONAL & ADVERTISING INJURY
FIRE DAMAGE

Underwriter=s representative for claims pursuant to this insurance.

CLAIMS:

Name:

Address:

Telephone: ( )

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

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

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

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

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

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

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

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

ENDORSEMENT HOLDER

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

AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter

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

Signature
(original signature required)

Telephone: ( ) Date Signed

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

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

Insurance Company:

Policy No.:

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

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 endorsemen t 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 cont ribute with it.

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

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

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

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or b. If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).

Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or ex clusions 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
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HIBIT D

TRADE SERVICES AGREEMENT
(CITY of Oxnard and J.I. Gandara Transport, Inc.)

LIVING WAGE POLICY

Pursuant to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in all standard trade services contracts and all unique trade services contracts governed by the Living Wage Policy.

A. SERVICE PROVIDER shall compensate any employee of SERVICE PROVIDER who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit.

While this Agreement is in effect, SERVICE PROVIDER shall pay such employee no less than $18.89 per hour for each hour that such employee provides services under this Agreement. In addition, while this Agreement is in effect, SERVICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year.

B. SERVICE PROVIDER agrees to post, at a location readily access ible to those employees providing services to the CITY, a copy of the Living Wage Policy adopted by City Council on July 9, 2002 and effective October 1, 2002.

C. If SERVICE PROVIDER fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to SERVICE PROVIDER, effective immediately.

D. In addition, if SERVICE PROVIDER fails to comply with the Living Wage Policy in any manner, SERVICE PROVIDER shall pay to CITY a fin e of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. SERVICE PROVIDER shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to SERVICE PROVIDER of the amount owed.

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CIT

Y OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2023

SERVICE PROVIDER shall compensate any employee of SERVICE P ROVIDER who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit D. While this Agreement is in effect, SERVICE PROVIDER shall pay such employee no less than $18.89 per hour for each hour that such employee provides services under this Agreement. This hourly rate shall be adjusted on July 1, 202 4, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982- 84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, SERVICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year.

a. SERVICE PROVIDER agrees to post, at a location readily accessible to those employees providing services to the CITY, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002 and effective October 1, 2002.

b. If SERVICE PROVIDER fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to SERVICE PROVIDER, effective immediately.

c. In addition, if SERVICE PROVIDER fails to comply with the Living Wage Policy in any manner, SERVICE PROVIDER shall pay to CITY a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. SERVICE PROVIDER shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to SERVICE PROVIDER of the amount owed.

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EXHIBIT E

TRADE SERVICES AGREEMENT
(CITY of Oxnard and J.I. Gandara Transport, Inc.)

PREVAILING WAGE

1. SERVICE PROVIDER acknowledges that the Project defined in the Agreement between SERVICE PROVIDER and CITY is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and that this Agreement is subject to Chapter 1 and the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. SERVICE PROVIDER shall perform the Project as a public work. SERVICE PROVIDER shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.

2. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.

SERVICE PROVIDER acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and SERVICE PROVIDER shall post such rates at each job site covered by this Agreement.

3. SERVICE PROVIDER is required to post job site notices, as prescribed by regulation. See Labor Code Section 1771.4(a)(2).

4. SERVICE PROVIDER shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. SERVICE PROVIDER shall, as a penalty to CITY, forfeit not more than $200 for each calendar day or portion thereof for each worker paid less than the DIR’s determined prevailing rates for the work or craft in which the worker is employed pursuant to this Agreement by SERVICE PROVIDER or any subcontractor. The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.

5. SERVICE PROVIDER shall comply with Labor Code Section 1776, which requires SERVICE PROVIDER and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, (2) certify and make such payroll records available for inspection, and (3) inform CITY of the location of the records.

6. SERVICE PROVIDER shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations.

Before commencing work under this Agreement, SERVICE PROVIDER shall provide CITY with a copy of the information submitted to any applicable apprenticeship program.

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subc
ontractors shall submit to CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.

7. SERVICE PROVIDER may not be debarred or suspended throughout the Agreement Term pursuant to Labor Code Section 1777.1 or 1777.7. If he, she or it becomes debarred or suspended in the Agreement Term, SERVICE PROVIDER must immediately notify CITY.

8. SERVICE PROVIDER is 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 currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. SERVICE PROVIDER shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provision does not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.

9. SERVICE PROVIDER acknowledges that 8 hours labor constitutes a legal day’s work. SERVICE PROVIDER shall comply with and be bound by Labor Code Section 1810.

10. SERVICE PROVIDER shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours. SERVICE PROVIDER shall, as a penalty to CITY, forfeit $25 for each worker employed in the performance of this Agreement by SERVICE PROVIDER or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by SERVICE PROVIDER’s employees in excess of 8 hours per day and 40 hours per week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.

11. The Project listed in the Agreement is subject to compliance monitoring and enforcement by the DIR.

12. SERVICE PROVIDER shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. SERVICE PROVIDER shall include in the written contract between it and each subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statutory provisions. SERVICE PROVIDER shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ compliance, including without limitation, conducting a periodic review of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified prevailing rate of Agreement 32400334

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wag
es, SERVICE PROVIDER shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent, SERVICE PROVIDER shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify CITY, its legislative bodies, and its officials, officers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Service Provider, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of SERVICE PROVIDER under this Section shall survive Agreement termination.

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HIBIT F

TRADE SERVICES AGREEMENT
(CITY of Oxnard and J.I. Gandara Transport, Inc.)

IRAN CONTRACTING ACT CERTIFICATION
(TO BE EXECUTED AND SUBMITTED WITH THE

AGREEMENT)
Public Contract Code Sections 2202-2208

Pursuant to Public Contract Code 2204.(a) A public entity shall require a person that is submits a bid or proposal to,or otherwise proposes to enter into or renew a contract with, a public entity with respect to a contract for goods or services of one million dollars ($1,000,000) or more to certify, at the time an Agreement is signed or renewed, that the person is not identified on a list created pursuant to subdivision (b) of Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Section 2202.5 or as a person described in subdivision 9b) of Section 2202.5, as applicable.

To comply with this requirement, please insert your company/entity and Federal ID number (if available) and complete one of the options below. Please note, California law established penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made, contract termination and three-year ineligibility to bid on contract in accordance with Public Contract Code section 2205.

OPTION No.1 – CERTIFICATION
I, the official named below, certify I am duly authorized to execute this certification on behalf of the company/entity identified below, and the company/entity identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person or entity, for 45 days or more, if that other person or company/entity will use the credit to provide goods or servi ces in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS in accordance with subdivision
(b) of Public Contract Code 2203.

Company Name/Financial Institution (printed): Federal ID Number (or n/a):

By (Authorized Signature):

Printed Name & Title of Person Signing: Date Executed

Executed in the County of in the State of

OPTION No.2 – EXEMPTION
Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services. If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below and attach documentation demonstrating the exemption approval.

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Company Name/Financial Institution (printed): Federal ID Number (or n/a):

By (Authorized Signature):

Printed Name & Title of Person Signing: Date Executed

Executed in the County of in the State of

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Agreement 32400334 for Supplemental Waste
Transfer Hauling Services for the Del Norte Regional
Recycling and Transfer Station
Public Works and Transportation Committee
January 23, 2024
City Council, February 20, 2024
Eric Zetz
Environmental Resources Division Manager
176
That the Public Works and Transportation Committee
recommend that the City Council approve and authorize the Mayor to execute an Agreement with J I Gandara Transport for an amount not to exceed $5,000,000 for an initial
one-year term, with an option to extend for two additional one-year terms; ending March 1, 2027, to provide
supplemental waste transfer hauling services for the Del Norte Regional Recycling and Transfer Station.

Recommendation 2
177
That the City Council approve and authorize the Mayor to execute an Agreement with J I Gandara Transport for an
amount not to exceed $5,000,000 for an initial one-year term, with an option to extend for two additional one-year terms; ending March 1, 2027, to provide supplemental waste
transfer hauling services for the Del Norte Regional
Recycling and Transfer Station.

Recommendation 3
178
Since the opening of the Del Norte Regional Recycling
and Transfer Station in 1996, the Environmental
Resources Division has operated with an internal
transfer fleet and contracted with outside firms to provide supplemental waste transfer hauling services.

BACKGROUND 4
179
Internal Transfer Fleet
• Necessary control of staff and vehicles to ensure permit mandates to transfer waste daily
• Up to 195,000 tons per year
Supplemental Hauler - Backup for:
• Fluctuations in waste stream
• ER staff shortages and recruitment cycle
• Limited availability of City vehicles due to maintenance • Up to 100,000 tons per year
BACKGROUND 5
180
• Most efficient and cost-effective means of complying with State permit mandates
• Balance ensures City can continue to operate in most
circumstances
• Consistent with industry standards
BACKGROUND 6
181
Solid Waste
City currently contracts with Waste Management of California, Inc. for solid waste disposal at the Simi Valley Landfill.

Organics (greenwaste)
City currently contracts with Agromin Organics Recycling to receive and process organics (greenwaste) at two locations:
• Limoneira Farms in Santa Paula
• Simi Valley Landfill in Simi Valley
BACKGROUND 7
182
November 14, 2023: City issued a Request for Bid (RFB
#ER 24-34) to solicit supplemental waste transfer hauling services
• RFB was sent to 12 firms
• Posted on the City’s website and
www.publicpurchase.com
DISCUSSION 8
183
• By December 11, 2023 RFB deadline, City received
four (4) qualified bids:

1. J I Gandara Transport (Gandara Transport)

2. Ecology Auto Parts, Inc.

3. Eco Transport, LLC

4. American Reclamation
• The bids presented pricing to destinations that ER
transfers waste or organic material
• The Toland Road Landfill and the Chiquita Canyon
Landfill were included in the RFB in case of fire or event closing to the Simi Valley Landfill
• J I Gandara Transport was the lowest, responsive
bidder
DISCUSSION 9
184
RFB ER 24-34 summary:

Table 1
DISCUSSION 10
Destination J I Gandara
Transport
Ecology Auto Parts,
Inc.

Eco Transport,
LLC
American
Reclamation
Simi Valley Landfill, 2801
Madera Road, Simi Valley,
CA 93065
$11.95 $12.68 $13.95 $27.95
Toland Road Landfill, 3500
Toland Road, Santa Paula,
CA 93060
$11.95 $12.22 $16.50 $28.80
Agromin Organics Recycling
at Limoneira Farms, 12390
Telegraph Road, Santa
Paula, CA 93060
$12.00 $12.68 $12.95 $23.04
Agromin Organics Recycling
at Simi Valley Landfill, 2801
Madera Road, Simi Valley,
CA 93065
$11.95 $12.68 $15.95 $27.95
Chiquita Canyon Landfill,
29201 Mayo Drive, Castaic,
CA 91384
$18.00 $15.82 $18.00 $28.80
Total $65.85 $66.08 $77.35 $136.54
185
● Based on bid results, staff is recommending J I Gandara Transport
● J I Gandara Transport meets all required City contractual provisions including possession of a City business tax
certificate, insurance certificates and corporate filing with the California Secretary of State
DISCUSSION 11
186
• Total value of Agreement is $5,000,000 through March 1, 2027
• Spending plan for remainder of FY 2023-24 is available in the Environmental Resources Operating Fund
• Funding for subsequent fiscal years will be requested during the annual budget process
FINANCIAL IMPACT 12
187

QUESTIONS
13 188

PUBLIC WORKS AND TRANSPORTATION COMMITTEE

AGENDA REPORT

REPORTS
AGENDA ITEM NO. D.4

DATE: January 23, 2024

TO: Public Works and Transportation Committee

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

SUBJECT: Department-Wide Blanket Purchase Order (#32400318) for a Not to Exceed Amount of $455,000 with Consolidated Electrical Distributors dba Royal Industrial Solutions, Specification No. PW 23-39. (10 minutes)

RECOMMENDATION

That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Purchasing Agent to execute a Blanket Purchase Order with Consolidated Electrical Distributors, dba Royal Industrial Solutions, for a not-to-exceed amount of $455,000 through June 30, 2024, with an option to extend through June 30, 2025.

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

BACKGROUND

As a standard practice, the City establishes blanket purchase orders (“BPOs”) with vendors for the purchase of operating supplies to support routine City operations. BPOs are typically established and approved at the appropriate approval level per the City’s Purchasing Policy. These one to two-year purchasing agreements allow staff to effectively acquire the necessary supplies for day-to-day operational needs and for the continued maintenance of City facilities and/or equipment. Per the City’s Purchasing Policy, all formal procurement solicitations in excess of $200,000 are subject to City Council review and approval. Therefore, in order to fill the routine electrical supply needs throughout all divisions of the Public Works Department, staff is recommending a BPO in the amount of $455,000 for electrical supplies. This will allow the Department to take advantage of quantity discounts, while reducing administrative time and expenses associated with paperwork and processing.

DISCUSSION

The Public Works Department currently has a Blanket Purchase Order (#22400109) with Consolidated Electric Distributors, Inc., dba All Phase Electrical Supply, that is nearing the end of its authorized authority of $200,000. Staff is recommending a new BPO to replace the current one. The new BPO will ensure the Public Works Department has the ability to support continued operations and maintenance at various City facilities through June 30, 2025.

On October 18, 2023, the City provided notice and released a Request for Bid (RFB) No. 24-39, to establish a BPO for electrical supplies and to ensure these materials will continue to be accessible for maintenance of City 189
facilities. The RFB closed on November 13, 2023 and CED was the only responsive bidder. The bid was reviewed by both the Purchasing Department and Facilities Division and Staff determined that CED met the City’s contractual provisions, which include, but may not be limited to, possession of a City business tax certificate, insurance requirements, and corporate filing with the California Secretary of State. CED is one of the largest electrical distributors in the country and is expected to provide the electrical supplies necessary to maintain City buildings, equipment, and other city-owned facilities such as parks, water & wastewater plants, and the public right-of-way. Based upon the available information and research performed to date, staff believes the vendor is capable of satisfactorily providing these supplies as needed.

It should be noted that there is currently a separate BPO with CED for the Water and Wastewater Divisions that supports the sole source purchases of parts and equipment of Rockwell branded products. CED is the only source for Rockwell in the Southern California region. The water divisions use Rockwell products extensively for variable-speed pumps and replacement parts. This BPO is not available for use by the other divisions of Public Works and will not be impacted by the proposed new BPO with CED.

The proposed new BPO will be used to purchase general electrical supplies such as transformers, conduit, wiring, receptacles, switches, lights, connectors, luminaries, lamp fixtures, and other electrical components and parts. The new BPO will allow for the continuation of access to necessary supplies/parts by the Public Works Divisions as necessary. The requested not to exceed amount is $455,000 to ensure the BPO has the necessary capacity to serve all applicable Divisions of the Public Works Department through June 30, 2025.

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 of the Blanket Purchase Order with CED shall not exceed $455,000 through June 30, 2025.

Expenses incurred have already been anticipated in operational costs by those Public Works Divisions that will be making electrical supply purchases. There is sufficient funding for all departments/divisions in the City Council approved FY 2023-24 Operating Budget. Funding for the subsequent fiscal year will be requested during the annual budget process.

Estimated Spending Plan
Division Account FY 2023-24 FY 2024-25 Total
Engineering 1013102-52400 $1,200 $1,200 $2,400
Facilities 7353740-52400 $35,000 $70,000 $105,000
Fleet 7413750-52900 $1,000 $3,000 $4,000
Parks 1013301-52400
1013304-52400
36,000 $72,000 $108,000
190
Special Districts 60503801-53200
60403801-53200
60203801-53200
20003801-53200
$22,000 $22,000 $44,000
Water 6013600-52900
6013605-52900
$20,000 $40,000 $60,000
Wastewater 6113615-52400 $50,000 $50,000 $100,000
As Needed Various $15,250 $16,350 $31,600
Total $180,450 $274,550 $455,000

Prepared by: Steve Howlett, Assistant Public Works Director

ATTACHMENTS

1. Electrical Supplies Price Sheet

2. Presentation

191
City of Oxnard Solicitation #PW24-39
Purchasing Division Bid Close Date: 11/13/23

5 | Page
Rev: 08/19/19

ATTACHMENT A

BID DOCUMENTS
FOR

ELECTRICAL SUPPLIES

Line DESCRIPTION No.

In
Stock
Lead
Times Quantity UOM Unit Price
1 T5 24W 2LMP BLST See Qte No 6-8 weeks 1 Each $30.71 2 100A 600V RK5 TD FUSE See Qte Yes N/A 1 Each $37.38 3 90a 600v rk5 td fuse See Qte Yes N/A 1 Each $37.38 4 21879 U BENT OCTRON FLRLAMP See Qte No 3 days 1 Each $17.38 5 21671 FLOUR LAMP See Qte No 3 days 1 Each $16.60
6 WAGO221-413 See Qte No 5 days 1 Each $0.27
7 WAGO221-412 See Qte No 5 days 1 Each $0.21
8 35W LED LAMP See Qte Yes N/A 1 Each $47.02
9 LED DRIVER LITH See Qte No 17 days 1 Each $62.33 10 26W DD/E T/E UNV 1/2 LAM BA See Qte No 3 days 1 Each $24.46 11 1/4 SHNK PWR WR NUT DRVR See Qte No 7 days 1 Each $1.99 12 LED WRAP SURFACE MOUNT See Qte Yes N/A 1 Each $118.94

WALLPLATE / COVERS / RECEPTORS /

SWITCHPLATES
13 1G WP BOX EXTENSION See Qte Yes N/A 1 Each $3.60 14 2G WP BOX EXTENSION See Qte No 3 days 1 Each $4.66 15 2G WP BOX W/5 3/4 HUB See Qte Yes N/A 1 Each $15.14 16 2G WP BOX W/5 1-IN HUB See Qte Yes N/A 1 Each $13.27 17 2G WP BOX W/7 3/4 HUB See Qte Yes N/A 1 Each $20.22 18 4-IN RND WP BOX W/4 1/2 See Qte Yes N/A 1 Each $3.87 19 4-IN RND WP BOX W/4 3/4 See Qte Yes N/A 1 Each $6.99 20 4-IN RND WP CVR BLANK See Qte Yes N/A 1 Each $1.05 21 1G WP BX EXT ADPT 4 1/2 See Qte No 3 days 1 Each $6.51 22 1G WP BX EXT ADPT 4 3/4 See Qte No 3 days 1 Each $7.86 23 4-11/16SQ 1/2D CVR 1-SW See Qte Yes N/A 1 Each $1.10 24 1G WP SGL RCPT CVR See Qte Yes N/A 1 Each $4.16 25 1G WP DPLX RCPT CVR See Qte Yes N/A 1 Each $3.06 26 4-11/16SQ CVR 1DPLXRCPT See Qte Yes N/A 1 Each $1.32 27 2G WP DPLX RCPT CVR See Qte Yes N/A 1 Each $6.95 28 1G WP GFI DEVICE COVER See Qte Yes N/A 1 Each $3.67 29 4-11/16SQ CVR 1SGLRCPT See Qte Yes N/A 1 Each $1.54 30 1G WP GFI DEVICE COVER See Qte Yes N/A 1 Each $3.03 192
City of Oxnard Solicitation #PW24-39
Purchasing Division Bid Close Date: 11/13/23

6 | Page
Rev: 08/19/19

CONDUITS
31 1/2 ALUM THREADED PLUG See Qte No 2 weeks 1 Each $3.23 32 3/4 ALUM THREADED PLUG See Qte No 2 weeks 1 Each $3.99 33 1-IN ALUM THREADED PLUG See Qte No 2 weeks 1 Each $4.64 34 1/2 FEM UNION See Qte No 2 weeks 1 Each $8.95 35 1/2 AL FEMALE UNION See Qte No 6-8 weeks 1 Each $13.77 36 3/4 FEM UNION See Qte Yes N/A 1 Each $12.27 37 3/4 AL FEMALE UNION See Qte No 6-8 weeks 1 Each $20.37 38 1-IN FEM UNION See Qte No 6-8 weeks 1 Each $22.27 39 1-IN AL FEM UNION See Qte No 6-8 weeks 1 Each $37.01 40 1-1/4 FEM UNION See Qte No 6-8 weeks 1 Each $31.07 41 1-1/4 AL FEM UNION See Qte No 6-8 weeks 1 Each $54.72 42 3/4 X CONDUIT BODY See Qte No 3-4 weeks 1 Each $15.40 43 1-IN X CONDUIT BODY See Qte No 4 weeks 1 Each $21.05 44 1-IN X CONDUIT BODY See Qte No 4 weeks 1 Each $21.05 45 ALUMINUM CONDUIT 3/4" See Qte Yes N/A 1
10’
stick $15.16
46 ALUMINUM CONDUIT 1" See Qte Yes N/A 1 10’
stick $22.05

BREAKERS
47 1P 20A 120V BOLT-ON CB See Qte No 10 days 1 Each $22.34 48 GED THQB1130 1P 30A 120V BOLT-ON CB See Qte No 10 days 1 Each $22.34 49 GED THQB21100 2P100A 120/240V CB See Qte No 10 days 1 Each $124.16 50 GED THQB2120 2P20A 120/240 BLT-ON CB See Qte No 10 days 1 Each $48.66 51 GED THQB2130 2P30A 120/240 BLT-ON CB See Qte No 10 days 1 Each $48.66 52 GED THQB2140 2P40A 120/240 BLT-ON CB See Qte No 10 days 1 Each $48.66 53 GED THQB2150 2P50A 120/240 BLT-ON CB See Qte No 10 days 1 Each $48.66 54 GED THQB32020 3P 20A 240V BOLT-ON CB See Qte No 10 days 1 Each $161.53 55 GED THQB32030 3P 30A 240V BOLT-ON CB See Qte No 10 days 1 Each $161.53 56 GED THQB32060 3P 60A 240V BOLT-ON CB See Qte No 10 days 1 Each $161.53 57 GED THQB32100 3P 100A 240V BLT-ON CB See Qte No 10 days 1 Each $230.28 58 GED THQL1115 1P 15A 120V PLUG-IN CB (X See Qte No 10 days 1 Each $6.74 59 GED THQL1120 1P 20A 120V PLUG-IN CB See Qte No 10 days 1 Each $6.74 60 GED THQL21100 2P 100A 120/240V CB See Qte No 10 days 1 Each $61.11 61 GED THQL2115 2P15A 120/240 PLG-IN CB See Qte No 10 days 1 Each $15.32 62 GED THQL2120 2P20A 120/240 PLG-IN CB See Qte No 10 days 1 Each $15.32 63 GED THQL2130 2P30A 120/240 PLG-IN CB See Qte No 10 days 1 Each $15.32 64 GED THQL2150 2P50A 120/240 PLG-IN CB See Qte No 10 days 1 Each $16.91 65 20a 3p ckt breaker See Qte No 10 days 1 Each $91.67 193
City of Oxnard Solicitation #PW24-39
Purchasing Division Bid Close Date: 11/13/23

7 | Page
Rev: 08/19/19

CONTRACTORS / START KITS /
RELAYS
66 3P SW See Qte Yes N/A 1 Each $87.72 67 115/460-575V STARTER See Qte Yes N/A 1 Each $277.99 68 115/460-575V STARTER See Qte No 4 weeks 1 Each $381.77 69 2KVA TFMR See Qte Yes N/A 1 Each $262.11 70 SQD 3104140042 CONTACTOR+STARTER See Qte No 3 Days 1 Each $83.44 71 SQD 3104140051 CONTACTOR+STARTER See Qte No 3 Days 1 Each $83.44 72 3KVA TFMR See Qte Yes N/A 1 Each $332.30 73 RELAY 600VAC 5AMP See Qte No 2 Weeks 1 Each $30.73 74 RELAY 2CO CYL PIN See Qte Yes N/A 1 Each $19.38 75 SINGLE TIER SOCKET See Qte Yes N/A 1 Each $7.57 76 RELAY SOCKET 600VAC See Qte Yes N/A 1 Each $11.26 77 120V RELAY See Qte Yes N/A 1 Each $13.54 78 120V CONTACTOR See Qte No 2 Weeks 1 Each $83.87 79 120V CONTACTOR See Qte No 2 Weeks 1 Each $100.95 80 50A 3P 120V CONTACTOR See Qte No 2 Weeks 1 Each $194.47 81 rk12fsl2 33l lp835 g1 fsl Repair Kit See Qte No 11 Days 1 Each $51.78 82 1p 20a 120v bolt-on cb See Qte No 4 Days 1 Each $18.61 83 2p50a 120/240 plg-in cb See Qte No 4 Days 1 Each $27.78 Subtotal $4,184.46

9.25% CA Sales Tax $387.10
Other Costs (List) $0.00
Total Bid Amount $4,571.96
General Percentage Discount Price (off list pricing)
for items not shown 60% off

Exact quantities may vary, and may be increased or decreased to meet the agency’s requirements. No minimum is guaranteed.

The grand total is subject to verification. If any discrepancy is found, the sum of the item totals will govern.

194
Department-Wide Blanket Purchase Order
(#32400318) for a Not to Exceed Amount of
$455,000 with Consolidated Electrical
Distributors
Public Works Transportation Committee
January 23, 2024
Steve Howlett, Assistant Director
Public Works Department
195
That the Public Works and Transportation Committee
recommend that the City Council approve and authorize
the Purchasing Agent to execute a Blanket Purchase
Order with Consolidated Electrical Distributors dba Royal Industrial Solutions for a not-to-exceed amount of
$455,000 through June 30, 2024, with an option to
extend through June 30, 2025.

RECOMMENDATION
2 196
• As a standard practice, the City establishes blanket
purchase orders (“BPOs”) with vendors for the purchase of operating supplies to support routine City operations.
• BPOs are typically established and approved at the
appropriate approval level per the City’s Purchasing Policy • These one to two-year purchasing agreements allow staff to effectively acquire the necessary supplies for day-to-day operational needs and for the continued maintenance of
City facilities and/or equipment

BACKGROUND
3 197
• Per the City’s Purchasing Policy, all formal procurement solicitations in excess of $200,000 are subject to City Council review and approval
• Therefore, in order to fill the routine electrical supply needs throughout all divisions of the Public Works Department, staff is recommending a BPO in the amount of $455,000
for electrical supplies
• This will allow the Department to take advantage of
quantity discounts, while reducing administrative time and expenses associated with paperwork and processing.

BACKGROUND
4 198
● The Public Works Department currently has a Blanket Purchase Order (#22400109) with Consolidated Electrical Distributors, Inc., dba All Phase Electrical Supply, that is nearing the end of its authorized $200,000 not-to-exceed limit.
● Staff is recommending a new BPO to replace the current one. The new BPO will ensure the Public Works Department has the ability to support continued operations and maintenance at various City facilities through June 30, 2025.
● On October 18, 2023, the City provided notice and released a Request for Bid (RFB) No. 24-39.
● The RFB closed November 13, 2023 and CED was the only responsive bidder. The bid was reviewed by both the Purchasing Department and Facilities Division and Staff determined that CED meets the City’s contractual provisions.

DISCUSSION
5 199
● There is currently a separate BPO with CED for the Water and Wastewater Divisions that supports the sole source
purchases of parts and equipment of Rockwell branded
products. CED is the only source for Rockwell in the
Southern California region and the water divisions use
Rockwell products extensively for variable-speed pumps
and replacement parts. This BPO is not available for use by the other divisions of Public Works.
● Proposed new BPO will be used to purchase general electrical supplies such as transformers, conduit, wiring, receptacles, switches, lights, connectors, luminaries, lamp fixtures, and other electrical components and parts.

DISCUSSION
6 200
● The total cost of the requested BPO with Consolidated Electrical Distributors will not to exceed $455,000 through June 30, 2025. ● Payment for these parts and supplies will come from available funds within each division’s operating budget.
● Sufficient appropriations are included in the City Council approved FY 2023-24 Operating budget for these various
purchases through June 30, 2024.
● Funding for the subsequent fiscal year will be requested during the annual budget process.

FINANCIAL IMPACT
7 201

QUESTIONS
202