Oxnard City Council
February 6, 2024

SIGNATURES are provided following transmittal of the electronic or facsimile signature.

Documents for recordation by the Clerk Recorder must contain original signatures.

GRANTOR:
____________________________________ Date: ____________________________ Yong Duk Lee
____________________________________ Date: ____________________________ Soo Jung Lee
GRANTOR’S MAILING ADDRESS:

Yong Duk and Soo Jung Lee
7212 Los Coyotes Place
Camarillo, CA 93012

CITY OF OXNARD
________________________________ Date: ____________________________ Name:

Title: Mayor
MAILING ADDRESS OF CITY:

City of Oxnard
300 West Third Street
Oxnard, CA 93030
ATTEST:
________________________________ Date: _________________________ Name:

Title: City Clerk
APPROVED AS TO FORM:
________________________________ Date: ____________________________ Name:

Title: City Attorney



















Agreement No. 32400369
155
________________________________________________________________________________________________________ APN: 219-0-031-065 City of Oxnard/Pleasant Valley at Saviers Rd/Lee/Right of Way Agreement

APPROVED AS TO INSURANCE:
________________________________ Date: ____________________________ Name:

Title: Risk Manager
APPROVED AS TO CONTENT:
________________________________ Date: ____________________________ Name:

Title: Public Works Director
________________________________ Date: ____________________________ Name:

Title: City Engineer
APPROVED AS TO AMOUNT:
________________________________ Date: ____________________________ Name:

Title: City Manager













Agreement No. 32400369
156

Recording requested by:

H
amner, Jewell & Associates
Government Real Estate Services
W
hen recorded, mail to:

C
ity of Oxnard
Attn: City Clerk
305 W. Third Street
Oxnard, CA 93030
_
_______________________________________________________________________________________________________________________ Exempt from the $75 Building and Jobs Act Fee per Gov’t Code §27388.1(2)(D) Public Agency No fee pursuant to Government Code § 6103
N
o Documentary Transfer Tax per R&T Code § 11922
No Recording Fee per Government Code § 27383
APN: 219-0-031-065

EASEMENT DEED
(To the City of Oxnard)
F
or a valuable consideration, receipt of which is hereby acknowledged, Y
ong Duk Lee and Soo Jung Lee, husband and wife as joint tenants (hereinafter referred to collectively as “Grantor”),
he
reby grants to the
T
he City of Oxnard, its successors and assigns (hereinafter referred to as “Grantee”), A Pe
rmanent Public Sidewalk E asement-- A Permanent Public Sidewalk Easement for the present and future construction, reconstruction, operation, repair, maintenance of a public sidewalk along with public utilities, and traffic signal poles and appurtenances, including but not limited to curbs, gutters, sidewalks, drainage, with such accessory parts and traffic signal structures, as Grantee or its successors in interest, from time to time, deem necessary to install over, upon, under, through, along and across that certain real property situated in the County of Ventura, State of California, legally described in Exhibit "A" and depicted in Exhibit "B", each attached hereto and made a part hereof (the "Easement Area").

GR
ANTOR:
____________________________________

Yong Duk Lee
____________________________________

Soo Jung Lee
Agreement No. A-8545
157

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

S
tate of California
County of ________________
O
n ______________________ before me, _______________________________________, Notary Public, personally appeared Yong Duk Lee, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WI
TNESS my hand and official seal.

S
ignature __________________________ (Seal)

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

S
tate of California
County of ________________
O
n ______________________ before me, _______________________________________, Notary Public, personally appeared Soo Jung Lee, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WI
TNESS my hand and official seal.

S
ignature __________________________ (Seal)
158

CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
T
his is to certify that the interest in real property conveyed by the Easement Deed dated __________________________ from Yong Duk Lee and Soo Jung Lee, husband and wife as joint tenants, to the City of Oxnard, a municipal corporation and governmental agency, is hereby accepted, and pursuant to City Council Resolution No. 1939, recorded in book 1591, Official Records of Ventura County at page 273 , the City Council consents to recordation thereof by its duly authorized officer.

I
n Witness Whereof, I have hereunto set my hand this ___ day of __________, 20____.

C
ITY OF OXNARD, a municipal corporation
B
y____________________________________
Name:

Title:

A
TTEST:

B
y _______________________________________
Name:

Title:
159

EXHIBIT A

LEGAL DESCRIPTION
APN 219-0-031-065
That portion of Lot 1, as said Lot 1 is shown on the map of McMillan Manor Tract No. 2, in the City of Oxnard, County of Ventura, State of California, filed on May 6, 1949 in Book 15, Pages 98 and 99 of Miscellaneous Record (Maps) in the Office of the County Recorder of said County, more particularly described as follows:

Commencing at a point on the south line of said Lot 1, said point being the southeasterly end of a curve having a radius of 10 feet as shown on said map, thence along said south line South 88°53’34” East 8.50 feet to the Point of Beginning; thence, leaving said south line,
North 48°01’18” West 24.46 feet to the west line of said Lot 1.

Containing an area of 127 square feet, more or less.

James P. Fallon, PLS 7
807
7/13/2023
160
N 48°01'18" W 24.46'

8.50'
S 88°53'34" E

THOMAS AVENUE

SAVIERS ROAD
50'
25'

RIGHT OF WAY

RIGHT OF WAY

POINT OF

COMMENCEMENT
R10.00'

POINT OF

BEGINNING
N:\projects\0658\15 Saviers PVR ROW\geo\cad\0658-99ex03_saviers.dwg

OXNARD, CA

EXHIBIT B
CL
LEGEND
=EASEMENT AREA
AREA - 127 SQ.FT. ±
7/13/2023
161
ASSESSOR PARCEL NO.: 222-O-102-010
PROJECT: City of Oxnard - Pleasant Valley at Saviers Rd Intersection Improvement Project OWNER: Jose Garay

RIGHT OF WAY AGREEMENT
(WITH ESCROW INSTRUCTIONS)
THIS AGREEMENT is made and entered into by and between
Jose Garay, a single man (hereinafter called "Grantor"), and The City of Oxnard (hereinafter called "City").

An instrument in the form of an Easement Deed ("Deed") covering the property rights particularly described therein ("Property"), has been executed concurrently with this Agreement and delivered to City representatives.

In consideration of which, and other considerations hereinafter set forth, it is mutually agreed as follows:

1. The parties have herein set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration for said document and shall relieve the City of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement, except as stated in Paragraphs 2.E. and 2.F. below.

2. The City shall:

A. PAYMENT - Pay to the order of the Grantor the sum of EIGHT THOUSAND DOLLARS ($8,000) as consideration in full for the Property, for the loss, replacement and moving of any improvements, and for entering into this Agreement. Said sum shall be paid by City to Grantor within Ninety (90) Days of the effective date of this Agreement.

B. RECORDATION OF INSTRUMENT - Accept the Deed and cause the same to be recorded in the office of the Ventura County Recorder at such time as when clear title can be conveyed.

C. MISCELLANEOUS COSTS - Pay any escrow, title insurance, and recording fees incurred in this transaction.

D. CLEARANCE OF BONDS, ASSESSMENTS, OR DELINQ{?JENT TAXES - Have the authority to deduct and pay from the amount shown in Clause 2.A. above any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the year in which the Deed records, together with penalties and interest thereon, and/or delinquent and unpaid non- delinquent assessments which have become a hen as of the date of recordation of the Easement Deed.

APN: 222-0-102-010City of Oxnard/Pleasant Valley at Saviers Rd/Garay/Right of Way Agreement

Agreement No. 32400362
162
E. CONSTRUCTION AND RESTORATION - Shall, upon completion of construction, generally restore any of Grantor's remaining real property impacted outside of the easement area to a comparable or better condition than that which existed prior to City's project construction, to the extent reasonably practical.

F. INDEMNIFICATION - Indemnify and hold harmless Grantor from any and all claims, damages, costs, judgments, or liability proximately caused by City or its officers, employees, or agents specifically arising from City construction and restoration work on the Property.

3. The Gran tor:

A. LEASE INDEMNIFICATION - Warrants there are no oral or written leases on all or any portion of the Property, or if there are such leases, Grantor agrees to hold the City harmless and reimburse City for any and all of its losses and expenses occasioned by reason of any lease of said Property held by tenant of Grantor.

B. TITLE INDEMNITY AND WARRANTY - In consideration of the City waiving the requirements to clear any defects and imperfections in all matters of record title, the Grantor indemnifies and holds the City harmless from any and all claims that other parties may make or assert on the title to the Property. Grantor's obligation to indemnify the City shall not exceed the amount paid to the Grantor under this Agreement. Grantor hereby represents and warrants that he/she/they are the sole vested owners of the Property, holding all ownership and possessory rights, and are the authorized signatories to grant the rights referenced in this Agreement without conflict or claims from other parties.

C. HAZARDOUS SUBSTANCES - Represents and warrants, to the best of Grantor's knowledge, and after reasonable inquiry, the following:

During Grantor's ownership of the Property, Grantor knows of no disposal, releases, or threatened releases of hazardous substances on, from, or under the Property or Grantor's remaining adjacent property. Grantor further represents and warrants that Grantor has no knowledge of disposal, release, or threatened release of hazardous substances on, from, or under the Property, or Grantor's remaining adjacent property, which may have occurred prior to Grantor's ownership.

There is no pending claim, lawsuit, agency proceeding, or any administrative challenge concerning the presence or use of hazardous substances on or within the Property or Grantor's remaining adjacent property.

Grantor has not used the Property, or Grantor's remaining adjacent property, for any industrial operations that use hazardous substances. Grantor is not aware of any prior use of such property. Grantor has not installed any underground storage tanks, above ground storage tanks, barrels, sumps, impoundments or other containers used to contain hazardous substances on any part of the Property or Grantor's remaining adjacent property. Grantors are not aware of any such prior installations. The purchase price of the Property being acquired reflects the fair market value of the Property without the presence of contamination. If the Property is found to be contaminated APN: 222-0-102-010 City of Oxnard/Pleasant Valley at Saviers Rd/Garay/Right of Way Agreement

Agreement No. 32400362
163
by the presence of hazardous substances which require mitigation under Federal or State law, City may elect to recover its cleanup costs from those who caused or contributed to the contamination.

4. The Parties agree:

A. ESCROW - At City' s sole option, to open an escrow in accordance with this Agreement at an escrow company of City's choice. Opening an escrow shall be at City's sole discretion and City may decide to process this transaction without the use of an escrow. However, if an escrow agent is utilized, this Agreement constitutes the joint escrow instructions of City and Grantor, and the escrow agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to do all acts necessary to close this escrow in the shortest possible time.

If an escrow is utilized, as soon as possible after opening of escrow, City will deposit the executed Deed by Grantor, with Certificate of Acceptance attached, with the escrow agent on Grantor's behalf. City agrees to deposit the purchase price upon demand of escrow agent. City and Grantor agree to deposit with escrow agent all additional instruments as may be necessary to complete this transaction. All funds received in this escrow shall be deposited with other escrow funds in a general escrow fund account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by check or wire transfer from such account.

Any taxes which have been paid by Grantor, prior to opening of this escrow, shall not be pro-rated between City and Grantor, but Grantor shall have the sole right after close of escrow, to apply to the County Tax Collector of said County for any refund of such taxes which may be due Grantor for the period after City's acquisition.
i) ESCROW AGENT DIRECTIVES - Escrow Agent is authorized to, and shall:
a) Pay and charge Grantor for any unpaid delinquent taxes and/or any penalties and interest thereon, and for any delinquent assessments or bonds against that portion of Grantor's property subject to this transaction as required to convey clear title.
b) Pay and charge City for any escrow fees, charges and costs payable under Paragraph 2.C. of this Agreement;
c) Disburse funds and deliver Deed when conditions of this escrow have been fulfilled by City and Grantor.
d) Following recording of Deed from Grantor, if requested by City, provide City with a CLTA Standard Coverage Policy of Title Insurance in the amount of $8,000 issued by a Title Company of City's choice showing that title to the Property is vested in City, subject only to the following exceptions, and the printed exceptions and stipulations in said policy:
l) Real Property Taxes for the fiscal year in which escrow closes; APN: 222-0-102-010City of Oxnard/Pleasant Valley at Saviers Rd/Garay/Right of Way Agreement Pagc 3 of 6
Agreement No. 32400362
164
2) Public utility easements and public rights of way;
3) Other items that may be approved in writing by City in advance of the close of escrow.
ii) CLOSE OF ESCROW - The term "close of escrow", if and where written in these instructions, shall mean the date necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation of instruments delivered through this escrow is hereby authorized.

B. JUDGMENT IN LIEU OF DEED - In the event Grantor does not deliver title in a reasonable time under the terms of the Agreement, the City may file an action in eminent domain to pursue the acquisition of the Property, and this Agreement shall constitute a stipulation which may be filed in said proceedings as final and conclusive evidence of the total amount of damages for the taking, including all of the items listed in Section 1260.230 of the Code of Civil Procedure, regarding said property rights.

C. ARTICLE HEADINGS - Article headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants and conditions of this Agreement.

D. TITLE VI CIVIL RIGHTS ACT COMPLIANCE - The parties to this contract shall, pursuant to Section 21 .7(a) of Title 49, Code of Federal Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964. This requirement under Title VI and the Code of Federal Regulations is to complete the USDOT-Non-Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21 and 28 C.F.R. Section 50.3.

No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is the subject of this contract.

E. COMPLETE UNDERSTANDING - This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, superseding all negotiations, prior discussions, and preliminary agreements or understandings, written or oral.

This Agreement may not be amended except in writing by the parties hereto or their successors or aSSIgnS.

F. CITY COUNCIL APPROVAL - This Agreement is subject to and conditioned upon approval by the Oxnard City Council. This Agreement is not binding upon the City until executed by the appropriate City official(s) acting in their authorized capacity.

G. COUNTERPARTS - This Agreement may be executed in counterparts, each of which so executed shall irrespective of the date of its execution and delivery be deemed an original, and all such counterparts together shall constitute one and the same document.

H. ELECTRONIC AND FACSIMILE SIGNATURES - In the event that the parties hereto utilize electronic or facsimile documents which include signatures, such documents shall be accepted as if they bore original signatures provided that documents bearing ORIGINAL APN: 222-0-102-010City of Oxnard/Pleasant Valley at Saviers Rd/Garay/Right of Way Agreement

Agreement No. 32400362
165
SIGNATURES are provided following transmittal of the electronic or facsimile signature.

Documents for recordation by the Clerk Recorder must contain original signatures.

I. EFFECTIVE DATE OF AGREEMENT-The effective date of this Agreement is ]hA-,Az, 2023.

V%f
No Obligation Other Than Those Set Forth Herein Will Be Recognized.

GRANTOR:

Jose Garay, a single man
"Z:'??-.az'?
Jose Garay
g/
Date:loAg/z,r
l/
GRANTOR' S MAILING ADDRESS :

Jose Garay
280 W. Simpson Street
Ventura, CA 93001-1860

CITY OF OXNARD
By:Date:
, Mayor
MAILING ADDRESS OF CITY:

City of Oxnard
300 West Third Street
Oxnard, CA 93030
ATTEST:

By:Date:
, City Clerk
APPROVED AS TO FORM:

By:

Name:

City Attorney
APN: 222-0-102-010
Date:

City of Oxnard/Pleasant Valley at Saviers Rd/Garay/Right of Way Agreem?ent Page s of 6
Agreement No. 32400362
166
APPROVED AS TO INS{?JRANCE:

By:

Name:

Risk Manager
APPROVED AS TO CONTENT:

By:

Name:

Public Works Director
By:

Name:

City Engineer
APPROVED AS TO AMOUNT:

By:

Name:

City Manager
Date:

Date:

Date:

Date:

APN: 222-O-102-010City of Oxnard/Pleasant Valley at Saviers Rd/Garay/Right of Way Agreement

Agreement No. 32400362
167
Recording requested by:

Hamner, Jewell & Associates
Government Real Estate Services
When recorded, mail to:

City of Oxnard
Attn: City Clerk
305 W. Third Street
Oxnard, CA 93030
Exempt from the $75 Building and Jobs Act Fee per Gov't Code §27388. l (2)(D) Public Agency No fee pursuant to Government Code § 6103
No Documentary Transfer Tax per R&T Code § 11922
No Recording Fee per Govemment Code (§ 27383
APN: 222-O-102-010

EASEMENT DEED
(To the City of Oxnard)
For a valuable consideration, receipt of which is hereby acknowledged, Jose Garay, a single man (hereinafter referred to as "Grantor"), hereby grants to the
The City of Oxnard, its successors and assigns (hereinafter referred to as "Grantee"), A Permanent Public Sidewalk Easement for the present and future construction, reconstruction, operation, repair, maintenance of a public sidewalk along with public utilities, and traffic signal poles and appurtenances, including but not limited to curbs, gutters, sidewalks, drainage, with such accessory parts and traffic signal structures, as Grantee or its successors in interest, from time to time, deem necessary to install over, upon, under, through, along and across that certain real property situated in the County of Ventura, State of California, legally described in Exhibit "A" and depicted in Exhibit "B", each attached hereto and made a part hereof (the "Easement Area").

GRANTOR:

Jose Garay, a single man
lr>=:=p aaravJose Garay
Page l
Agreement No. A-8546
168

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

State of Califoi
"'r NTh)Yu'r County of
On 7[)/-7,"1 ]-l,-3 beforeme,T;acjC5qz,J)v) S'Alg,MAr, Notary Public, personally appeared Jose Garay, who proved to me on the bas?atFsfactory evidence to be the person(0 whose name(€) is/ad subscribed to the within instrument and acknowledged to me that sifflithy
erson(4,
he/s§7t? executed the same in his/h0/thdr authorized capacity(ied), and that by his/h@/th0 signature(0 on the instrument the person(4, or the enti ty upon behalf of which the person(<) acted, executed the instrument.

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

WITNESS my hand and official seal.
?ra. Lj2 ,:,.signature (/#):'. pX,, 2,-.,,i,, (seal)
T" '?*alammamMM@m@
=@,:=i;:::;E":::.,,=

169

CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that the interest in real property conveyed by the Easement Deed dated from Jose Garay, a single man, to the City of Oxnard, a municipal corporation and governmental agency, is hereby accepted, and pursuant to City Council Resolution No. 1939, recorded in book 1591, Official Records of Ventura County at page 273 , the City Council consents to recordation thereof by its duly authorized officer.

In Witness Whereof, I have hereunto set my hand this day of, 20- CITY OF OXNARD, a municipal corporation
By
Name :

Title:

ATTEST:

By
Name:

Title:

170

EXHIBIT A

LEGAL DESCRIPTION

RIGHT OF WAY EASEMENT
That portion of land in the City of Oxnard, County of Ventura, State of California, as said Iand is described in Instrument No. 20160523-00070974, recorded on May 23, 19, 2016 in the Office of the County Recorder of said County, more particularly described as follows:

The easterly 15.00 feet of the northerly 10.00 feet, together with the easterly 5.00 feet of the southerly 10.00 feet of the northerly 20.00 feet of said land.

Containing an area of 200 square feet, more or less.
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/8/9/2023
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171
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EXHIBIT B

RIGHT OF WAY EASEMENT

SAVIERS & PLEASANT VALLEY ROAD

OXNARD, CA
172

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.5

DATE: February 6, 2024

TO: City Council

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

SUBJECT: Professional Services Agreement 32400346 with Huitt-Zollars, Inc. for the 4th Street Mobility Improvements and the Downtown Bus Stop Improvements Projects.

RECOMMENDATION

That the City Council approve and authorize:

1. The Mayor to execute an Agreement with Huitt-Zollars, Inc. in the amount of $772,053.47 for architectural and engineering design services for the 4th Street Mobility Improvements Project (C2204) and the Downtown Bus Stop Improvements Project (C2415); and

2. A budget appropriation of $175,834.83 from the available fund balance of the Circulation System Improvement Fees Fund 350 to the Downtown Bus Stop Improvements Project (C2415).

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

BACKGROUND

The 4th Street Mobility Improvements objective is to promote and accommodate more pedestrians and bicyclists to access downtown Oxnard from surrounding neighborhoods and from the Oxnard Transit Center. The Project will extend from C Street to the Oxnard Transit Center along Meta Street to 6th Street and will include design and construction of sidewalks, curb extensions, American with Disabilities Act (ADA) improvements, traffic signal modifications, bike detection, class II on-street bike lanes, bike racks, benches, B Street transit hub improvements, resurfacing, drainage improvements, signage, and striping. This scope of work is funded through a California Transportation Commission (CTC) Active Transportation Program (ATP) grant. The public restroom improvements, noted in the 4th Street Mobility Improvements project’s scope of work, will also be designed as part of this agreement, utilizing available funding from the Public Restroom Improvements Project (C2305).

The Downtown Oxnard Bus Stop Improvements objective is to improve bus stop amenities through the design and installation of bus shelters, benches, bike racks, lighting, and real-time arrival signs at 54 transit stops in downtown Oxnard. Transit stop locations were selected by Gold Coast Transit District.

The improvements described above are tied to a housing development, Central Terrace Apartments, which is under construction through Many Mansions, a non-profit affordable housing provider. The housing project includes 86 affordable rental units located at 6th and Meta Street. The City’s transportation projects allowed Many Mansions to obtain $15M of housing infrastructure funding from the state Affordable Housing and Sustainable Communities (AHSC) program and $8M of AHSC funding for the construction phase of the transportation projects. There are deadlines associated with both the AHSC housing grant and the ATP transportation grant, necessitating the expediency of this design agreement.

Capital Improvement Program (CIP) Reference:
173

Project No. C2204 – 4th Street Mobility Improvements Project – Page 45; and Project No. C2415 – Downtown Bus Stop Improvements Project - Page 53 - CIP 2022-2027 - Adopted May 3, 2022.

DISCUSSION

Since the projects are located in the downtown area, and in an effort to deliver the plans, specifications and estimates efficiently, the two projects are being designed together under one contract.

The specific work for the design phase includes developing a separate set of plans, specifications, and estimates for each project. The consultant is tasked with the following:

1. Project management including progress meetings, schedule, communications, coordination, quality assurance and quality control, and monthly invoicing.

2. Data gathering including site visits, preliminary investigations, permitting requirements, geotechnical investigation, and survey.

3. Public engagement including preparing presentations for up to three public meetings to convey the overall design concepts and seeking feedback.

4. Schematic design, including three design iterations prior to the final design.

5. Design development for construction bid-ready plans, specifications, and estimates.

6. Final design drawings.

7. Bid phase assistance.

8. Construction phase assistance.

The Purchasing Department published Request for Proposal (RFP) PW 24-04 for Engineering Services for 4th Street Mobility Improvements and Downtown Oxnard Bus Stop Improvements Project on July 27, 2023, with a proposal due date of August 31, 2023. RFP PW 24-04 received one (1) proposal with proposed fees from the following engineering firm:

Huitt-Zollars, Inc. $772,053.47

The proposal was reviewed by two staff members and a consultant consisting of the City’s Assistant City Engineer, Development Manager with the City’s Housing Department, and the City’s on-call consultant project manager with m6 Consulting, Inc. The scoring criteria consisted of the proposer’s relevant experience, responsiveness, technical competence, past record of similar work, capacity to complete the scope of work, and proposed cost. Staff have confirmed that Huitt-Zollars 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, research performed to date, and an interview with the firm, staff believes that Huitt-Zollars is capable of satisfactorily providing the necessary services and recommends awarding the professional services agreement.

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 Agreement 32400346 with Huitt-Zollars, Inc. for both the 4th Street Mobility Improvements Project and the Downtown Bus Stop Improvement Projects shall not exceed a total of $772,053.47.

The design cost for the portion associated with the 4th Street Mobility Improvements Project (C2204) is $504,158.64.

C2204 has an available project budget appropriation for design, in the amount of $641,900 from the Transportation Grant State (Fund 210).

The portion associated with the restroom design is $92,060 and will be funded through the Public Restroom 174
Improvements project (C2305), which has an available project budget appropriation in the amount of $1,510,476 from the General Fund (101). Please note, that the grant funds for the design work awarded to the City are not eligible to be used on the restroom component. Therefore, the Public Restroom Improvements CIP project will be used for this part of the design.

There is a request for additional project budget appropriations of $175,834.83 from the available fund balance of the Circulation System Improvement Fee (Fund 350) for the design portion associated with the Downtown Bus Stop Improvement Project (C2415) to fully fund this agreement.

For Finance Use Only: Developer Impact Fees Fund - Circulation System Improvement (Fund 350 Org. 80401001 Obj. 59800), Capital Outlay Fund (Org. 3013102 Obj. 49300/53200) Project C2415; State & Local Grants Fund (Og. 2101001 Obj. 59800), Capital Outlay Fund (Org. 3013102 Obj. 49300/53200) Project C2204; General Fund (Org. 1011001 Obj. 59800), Capital Outlay Fund (Org. 3013301 Obj. 49300/53200) Project C2305

COMMITTEE OUTCOME

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

Prepared by: Debbie O'Leary, Transportation Planner, Morgan Kessler, City Engineer

ATTACHMENTS

1. 32400346 Huitt-Zollars

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CONSULTANT/PROFESSIONAL SERVICES AGREEMENT

BETWEEN
THE CITY OF OXNARD AND HUITT-ZOLLARS, INC.

By This Consultant/Professional Services Agreement (“Agreement”), the CITY of Oxnard (“CITY”) agrees to engage the services of Huitt -Zollars, Inc. (“CONSULTANT”), and CONSULTANT 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 CONSULTANT may be individually referred to as “Party” or collectively as the “Parties.”
RECITALS:

WHEREAS, this Agreement is entered into as a result of the Master Agreement Administering Agency-State Agreement for State Funded Projects, Agreement No. 07- 5129S21 and Program Supplement No. A051, attached hereto as Exhibit D and incorporated herein by this reference, for the 4th Street Mobility Improvements and Downtown Oxnard Bus Stop Improvements Project, (the “Project); and WHEREAS, per item 1 in the Program Supplement No. A051, CONSULTANT shall adhere to any and all sections, items, attachment(s), and amendment(s) of the Master Agreement and Program Supplement in addition to the terms and conditions of this Agreement including Exhibit E, incorporated herein by this reference; and WHEREAS, in the event of any conflict between the terms of this Agreement or any other incorporated document or attachment, and the Master Agreement and Program Supplement, the terms set forth in Exhibit E as required by the Program Supplement shall control; and
WHEREAS, CONSULTANT represents that it is fully qualified to perfor m the consulting and/or professional services required for performance under this Agreement by virtue of its experience and the training, education and expertise of its principals and its employees; and
WHEREAS, in light of the facts set forth above, the CITY desires to retain the services of a qualified Consultant to provide, on an independent contractor basis, for 4th Street Mobility Improvements and Downtown Bus Stop Improvements

NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS,

CONDITIONS, AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER

GOOD AND VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:

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1. RECITALS. The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth fully herein.

2. SUMMARY DESCRIPTION OF SERVICES.

Design and engineering of mobility improvements along 4th Street from C Street, through Meta Street to 6th Street; and bus stop improvements at 53 locations in downtown Oxnard. All design work is required to be completed by March 2025.

Consultant will perform the following services:

Task 1: Program Management
Task 2: Data Gathering, Site Visit, and Preliminary Investigations Task 3: Public Engagement
Task 4: Schematic Design
Task 5: Design Development
Task 6: Final PS&E

3. ON CALL AGREEMENT. This is not an “on call” or “as needed” service agreement.

4. PARTIES.

CITY of Oxnard (“CITY”), a general law and municipal corporation of the State of California, located at 305 West Third Street, Oxnard California 93030

Huitt-Zollars, Inc. (“CONSULTANT”), a corporation of the State of Texas, approved to perform business in California, located at
90 E. Thousand Oaks Blvd.,
Suite 201, Thousand Oaks, CA 91360

5. TERM OF AGREEMENT: From: February 7, 2024 to June 30, 2027.

5.1 Time is of the essence in this Agreement.

5.2 This Agreement does not have any options to extend.

5.3 [Intentionally Omitted]

5.4 All services required of CONSULTANT under this Agreement shall be completed on or before the end of the term of the Agreement.

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6. AGREEMENT AMO UNT NOT TO EXCEED: $772,053.47.

7. 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-A Exhibit D: Master Agreement and Program Supplement
Exhibit E: Caltrans Project Requirements
Exhibit F: Living Wage Policy
Exhibit G: Prevailing Wage Policy

8. 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, CONSULTANT’s services shall be performed or immediately supervised by the CONSULTANT’s Representative:

CITY Designated Representative: CONSULTANT Designated Representative:

Name: Debbie O’Leary, Name: Kevin Carter, PE
Division: Transportation & Mobility Division:

Title: Interim Transportation Manager Title: Vice President/ Managing Principal Phone: 805-200-5283 Phone: 805-418-1802 ext 11555
Email: [email protected] Email: [email protected]

9. CONTRACTUAL PREREQUISITES.

9.1 This Agreement must first be executed by the CONSULTANT, after which the Agreement shall be 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.

9.2 CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on CITY until the AGREEMENT is fully executed and approved by CITY.

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9.3 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.

9.4 All proof of business license, insurance, and W -9 forms is required prior to execution of this Agreement.

9.5 CONSULTANT 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.

10. CONSULTANT'S SERVICES.

10.1 CONSULTANT shall perform the 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.

10.2 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. CONSULTANT 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.

11. C OMPENSATION.

CITY will be receiving State and/or Federal grant funds. CITY shall pay CONSULTANT 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.

12. 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 CONSULTANT 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.

12.1 Payment Request. CONSULTANT shall submit a payment request to CITY by the end of each calendar month listing the Services provided, costs of those Agreement No. 32400346

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Services, and total amount due for the month. Invoices may be emailed to:
[email protected].

12.2 Non-Appropriation of Funds. Payments to be made to CONSULTANT by CITY for the Services 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.

12.3 CONSULTANT’s acceptance of final payment made pursuant to this Agreement shall constitute a release of CITY from all claims and liabilities for compensation to CONSULTANT 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 CONSUL TANT 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 CONSULTANT and its employees, agents and Subcontracted CONSULTANTs.

12.4 CONSULTANT 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 CONSULTANT or materials or products provided to CITY by CONSULTANT, CONSULTANT shall pay the sales tax. CITY shall not reimburse CONSULTANT for sales taxes paid by CONSULTANT.

13. 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 5.2 and 5.3 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 Agreement appears in section 5.2, then this Agreement shall not be extended.

14. 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.

15. TERMINATION OF AGREEMENT.

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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 31 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 CONSULTANT only for work done by CONSULTANT up to and including the date of termination of this Agreement unless the termination is for cause, in which event CONSULTANT need be compensated only to the extent required by law. CONSULTANT may terminate this Agreement at any time during the term of the Agreement by giving the CITY sixty (60) calendar days’ prior written notice.

16. INDEPENDENT CONTRACTOR

CONSULTANT 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 CONSULTANT or any of its employees, except as stated in this Agreement.

CONSULTANT 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 CONSULTANT. This Agreement shall not be interpreted to prevent or preclude CONSULTANT from rendering any services for CONSULTANT’s own account or to any other person or entity as CONSULTANT in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services the CONSULTANT shall perform for the CITY. The CITY retains the right to provide general instructions to and observe the CONSULTANT in the performance of all services done on behalf of the CITY.

CONSULTANT 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. CONSULTANT and its employees are not employees of CITY. CONSULTANT 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 worker s’ compensation insurance benefits.

CONSULTANT shall 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.

17. LAWFUL PERFORMANCE.

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

18. SAFETY REQUIREMENTS.

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CONSULTANT shall not perform any services for the CITY when the CONSULTANT 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 CONSULTANT when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The acceptance of CONSULTANT's work by CITY shall not operate as a release of the CONSULTANT from such standard of care and workmanship.

19. OWNERSHIP OF CONSULTANT’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 CONSULTANT 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.

19.1. Records and Inspect ions. The CONSULTANT shall 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.

19.2. Deliverables. CONSULTANT shall deliver to the CITY the studies, plans, specifications, or other documents as are identified in the Scope of Services; and CONSULTANT shall, upon completion of all work or termination of this Agreement, submit to the CITY all information developed in the course of the CONSULTANT's services. CONSULTANT shall, in such time and in such form as the CITY may require, furnish reports concerning the status of services required under this Agreement. CONSULTANT shall, upon request by CITY and upon completion or termination of this Agreement, deliver to the CITY all material furnished to CONSULTANT by the CITY.

19.3. Ownership – 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. CONSULTANT agrees that CITY may make modifications to computer software furnished by CONSULTANT without infringing CONSULTANT’s copyright or any license granted to CITY, unless otherwise agreed.

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

19.5. 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 possession or control under obligations of confidentiality. CONSULTANT may be granted access to information that is exempt from disclosure to the public (Government Code Section 6254 and 6254.16) and may contain “trade secrets” (see Government Code Section 6254.7(d)) when it is necessary for CONSULTANT to perform its obligations pursuant to this Agreement. If CONSULTANT is granted such access to confidential information, CONSULTANT shall not be considered to be a member of the public as that term is used in Government Code Section 6254.5.

19.6. Disclosure of Information. CONSULTANT shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the projects assigned to CONSULTANT by the CITY or other information to which the CONSULTANT 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.

19.7. 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 CONSULTANT in reliance on any Confidential Information disclosed under this Agreement.

20. ASSIGNMENT.

This Agreement is for the professional services of CONSULTANT. Any attempt by CONSULTANT 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. CONSULTANT's services pursuant to this Agreement shall be provided by the CONSULTANT’s Designated Representative or directly under his/her supervision, and CONSULTANT shall not assign another to supervise the CONSULTANT's performance of this Agreement without the prior written approval of CITY, by and through the CITY’s Designated Representative.

21. NOTICE OF BREACH AND OPPORTUNITY TO CURE.

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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.

22. NOTICE.

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.

23. COVENANTS AND CONDITIONS.

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

24. WAIVER.

CITY’s review or acceptance of, or payment for, work product prepared by CONSULTANT 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 CONSULTANT’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.

25. INDEMNIFICATION, HOLD HARMLESS & DEFENSE.

25.1 Except as set forth in Subsection 23.3 of this Section 23, and to the fullest extent permitted by law, Consultant shall immediately defend, indemnify, and hold harmless the City, its officers, employees, representatives, (but not including the City’s construction contractors or other consultants) and agents (the “City Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the City (collec tively “Claims”) which may arise out of Consultant's negligence or willful misconduct in the performance of the services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the City Indemnitees.

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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. CONSULTANT’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.

25.2 The duty to defend is a separate and distinct obligation from CONSULTANT’s duty to indemnify. CONSULTANT shall be obligated to defend in all legal, equitable, administrative, or special proceedings, with counsel approved by the CITY Attorney, immediately upon tender to CONSULTANT of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. If it is finally adjudicated that liability was caused by the negligence or willful misconduct of any of the Indemnitees, CONSULTANT may submit a claim to CITY for reimbursement of reasonable attorneys’ fees and defense costs.

25.3 The provisions of this Subsection 25 .3 apply only in the event that Consultant is a design professional within the meaning of California Ci vil Code section 2782.8 (“Design Professional”). The term Design Professional, as defined in said section, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code.

25.3.1 Notwithstanding the provisions of Subsections 25.1 and 25.2 above, to the extent that the services to be provided under this Agreement are those of a Design Professional, Consultant's duty to indemnify, hold harmless, and defend the City Indemnitees shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or subconsultants in the performance of the services described in this Agreement.

25.3.2 In no event shall the costs of defense charged to Consultant exceed the Consultant’s proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this reference.

Nothing in this Subsection shall be construed to require Consultant to provide indemnification for Claims caused by the active negligence or willful misconduct of the City Indemnitees, or any other party for whom Consultant is not legally liable.

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25.4 The City does not and shall not waive any rights that it may have against Consultant under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification prov isions of Section 26, inclusive shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.

25.5 The obligation to indemnify and defend, as set forth in this Section 23, is binding on the successors, assigns, or heirs of Consultant and shall survive the expiration or any early termination of this Agreement.

25.6 CONSULTANT agrees to pay all required taxes on amounts paid to CONSULTANT 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.

CONSULTANT shall be solely responsible for, and shall save CITY harmless from, all matters relating to the payment of CONSULTANT’s subcontractors, 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 CONSULTANT under this Agreement any amount due to CITY from CONSULTANT as a result of its failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.

26. INSURANCE.

CONSULTANT 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 CONSULTANT obtain and maintain such insurance coverages. Such insurance must be issued by a company satisfactory to the Risk Manager. CONSULTANT 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 CONSULTANT is a material element of this Agreement. CONSULTANT’S failure to maintain or renew insurance coverages or to provide renewal evidence shall be considered a material breach of this Agreement.

27. LIVING WAGE REQUIREMENTS.

During the term of this Agreement, CONSULTANT 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, CONSULTANT 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 CONSULTANT.

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28. PREVAILING WAGE REQUIREMENTS.

28.1. 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.

28.2. Compliance with California Department of Industrial Relations (DIR).

To determine if this Agreement is subject to compliance monitoring and enforcement, go to:
https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html

28.3. 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.

28.4. 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 CONSULTANT.

29. CONFLICT OF INTEREST

CONSULTANT 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 CONSULTANT’s services under this Agreement. CONSULTANT further covenants that in the performance of services under this Agreement, no officer, employee or agent of CONSULTANT having such interest shall be employed by it. In the event the CITY determines that CONSULTANT must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, CONSULTANT 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 CONSULTANT may result in termination of this Agreement by the CITY. This section is in addition to any conflict requirements stated in the Grant documents.

30. SUBCONTRACTING
If CONSULTANT requires the assistance of a subcontractor to render any services under this agreement, Consultant shall obtain prior written consent from the City before a subcontractor performs any service pursuant to this Agreement. All Agreement No. 32400346

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subcontractors shall be identified in the scope of work attached to this Agreement as Exhibit A. CONSULTANT is fully responsible for satisfactory completion of all its subcontractors’ work. All subcontractors shall be properly licensed and insured; and bonded, if applicable. CONSULTANT shall be responsible for all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with subcontractors performance pursuant to this Agreement or subcontractors failure to comply with any of its obligations in connection with this Agreement.

31. [RESERVED]

32. 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 CONSULTANT. The decision of the CITY’s Designated Representative shall be final and conclusive unless CONSULTANT requests mediation within ten (10) calendar days.

Pending final decision of a dispute, the CONSULTANT shall proceed diligent ly with the performance of the Agreement and in accordance with the decision of the CITY’s Designated Representative.

33. 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 American 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 bot h 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.

34. AUDIT.

CITY shall have the option of inspecting, auditing and/or reproducing all records and other written materials: used by CONSULTANT in preparing its billings to CITY as a condition precedent to any payment to CONSULTANT; or for other purposes relating to the Agreement. CONSULTANT 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 CONSULTANT for a period of 3 years after final payment under the Agreement.

Regardless of whether a State audit is permitted, CONSULTANT shall maintain and Agreement No. 32400346

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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. CONSULTANT 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. CONSULTANT shall include a copy of this Section in all contracts with its subcontractors, and CONSULTANT 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.

35. ADVERTISING AND PUBLICITY

CONSULTANT 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.

36. NONDISCRIMINATORY EMPLOYMENT.

CONSULTANT shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic 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.

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

37. FORCE MAJEURE.

Neither the CONSULTANT 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.

38. 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.

39. 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 Agreement No. 32400346

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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.

40. INTEGRATED 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.

41. 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.

42. 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.

43. 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 or electronic 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.

44. 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.

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45. CAPTIONS AND HEADINGS.

The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content, scope, or intent of the provisions described under the respective caption or heading.

46. ACKNOWLEDGEMENT.

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

[Signatures on next page]
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In witness whereof, the Parties have entered into this Agreement effective on the date as written in section 5 and upon signature of all Parties.

CITY OF OXNARD HUITT-ZOLLARS, INC.

☐ John C. Zaragoza, Mayor1 Date Kevin Carter, Vice President Date ☐ Jennifer Yates, Purchasing Manager2

John Anthony Sosebee,
Secretary and Sr. Vice President 3 Date
ATTEST:

Rose Chaparro, CITY Clerk Date
(only if Mayor authorizes)

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:

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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EXHIBIT A

CONSULTANT/PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Huitt-Zollars, Inc.)

SCOPE OF SERVICES

CITY PROJECT MANAGER FOR THIS AGREEMENT: Debbie O’Leary, 805-200-5283, [email protected]

The following is the Scope of Services as outlined in the Request for Proposal 24-04, which is supplemented by Huitt-Zollars Statement of Qualifications, dated August 31, 2023 with the amended Fee Proposal dated October 20, 2023 (revised 12/22/2023), which are included by reference.

Task 1: Program Management

1. Project Management. Consultant shall coordinate all efforts of the Project Team including representatives from the City of Oxnard’s Public Works Department and City Manager’s Office (City). The Consultant shall facilitate regular Project progress meetings and provide monthly written updates on the Project status and budget.

2. Project Kick-off Meeting. At the commencement of the Project, the Consultant shall facilitate a “kick-off” meeting with the City’s staff to discuss the scope and parameters of the Project. The Consultant shall prepare and distribute a draft agenda in advance of the meeting for review and comment by the City.

3. Progress Meetings. Consultant shall attend monthly meetings at the City for the duration of the project. As part of the effort, the Consultant is responsible for developing meeting information and an agenda prior to the meeting and meeting minutes within three business days following the meeting with complete action tracking log.

4. Project Schedule. Consultant shall develop a project schedule at the beginning of the project that covers preliminary design, recommendations, design drawings, specifications, construction cost estimate, bid documents, and bid/award support services. Project schedule shall be submitted with the proposal and shall be updated within 2 weeks of the kickoff meeting.

5. Project Communication. Consultant shall develop a communications protocol to be followed by all team members to be submitted within one week of starting the project. Communication protocol will include standard project communication as well as emergency communication protocols.

6. Project Coordination. Consultant shall coordinate all of the services of sub-consultants including site visits and site inspections, and shall ensure coordination with the City operations and engineering staff and other interested parties as outlined by the City.

7. Quality Assurance and Quality Control (QA/QC). The Consultant shall develop a QA/QC plan, to be followed for all submittals, within two weeks of starting the project. The plan shall include the staff who are responsible for reviewing design and documentation as well as the means for integrating review comments from the City.

8. Monthly Invoicing. The Consultant shall submit invoices on a monthly basis with all supporting documentation in a format acceptable to the City. Invoices requiring amendment shall be dated according to when the revised invoice is delivered to the City. Invoices shall be delivered Agreement No. 32400346

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electronically to the Project Manager and to [email protected].

Task 2: Data Gathering, Site Visit, and Preliminary Investigations

The Consultant shall review and assess existing data and reports relative to the project and conduct all necessary site visits, investigations and analyses required to identify and mitigate project issues that could impact or be impacted by the project including:

• The Consultant team should review the City’s Cycle 5 ATP grant application (RFP Exhibit 6) as well as the AHSC Round 6 grant application (RFP Exhibit 7) and bring forth a proposal that best delivers the intent of the project (design).
• Regulatory/ code and permitting requirements.
• Geotechnical investigation, including soil analysis as needed • Survey, mapping and utility investigation
• CEQA has been completed by the City and is not a part of this scope of work.

Task 3: Public Engagement
The consultant will perform all necessary work to conduct focused meetings and/or presentations and engagement that may include up to three (3) City-sponsored meetings with adjacent property owners and businesses with the goal of the consultant communicating the overall design concepts, providing the interested parties with specific details of street and landscape design, as well as documenting any feedback for reference of the City’s Project Manager.

Task 4: Schematic Design
This phase of work will generate a refined site design for the project through an iterative process. With the information gathered during the data collection and community engagement process, create a design for the project, including, but not limited to:

1. Prepare design study alternatives for areas

2. Refine the concept to a final Schematic Design
• Assume three (3) iterations total to get to final Schematic Design. One after each review meeting outlined in Task 3.

3. Preparation of Plans, Specifications and Details and Plant Materials List

4. Coordination with the City’s Project Team for design development, review, and discussion (creative design workshops at schematic design phase with Project Team; at kickoff and 70% design)

5. Coordination with City staff stakeholders as needed for design development, review, and discussion

6. Amenity and building locations with architectural renderings

7. Planting locations and plant palettes for native and drought resistant landscaping

8. Identify irrigation needs, feasibility, and resources available

9. Lighting design
fixture selection and location

10. Identify locations and feasibility of integration of stormwater infiltration/permeable pavement

11. Cost estimating
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Deliverable

Schematic design package shall include one hard copy of schematic plans, renderings, and palettes along with electronic versions.

Task 5: Design Development

Upon Project Team approval and acceptance of the Schematic Design and cost, Consultant will commence with Design Development. This phase of work shall refine the design and identify all key construction systems, materials, and critical coordination issues. The Design Team will refine the selected Schematic Design and identify all key construction systems, materials, and critical coordination i ssues while initiating the PS&E process.

Tasks will include:

1. Develop the design to describe the character and construction method for all of the key construction and landscape elements

2. Detailed documentation of all elements within the scope of work, including full specifications.

Upon City’s approval of design development drawings and cost, Consultant will fully document all aspects of the design, including all relevant sections of technical specifications

3. Select key materials for site elements

4. Preparation of plans, specifications, details and outline specifications

5. Coordination of landscape design with civil engineering/ grading design and documentation

6. Coordination with the City’s Project Team for design review and discussion

7. Cost estimating

8. Prepare drawings and data in AutoCAD and pdf formats and provide such drawings and data to Project Manager

9. Perspectives, sketches, and renderings as necessary to indicate the architectural and landscaping character of the project and its relationship to the pedestrian level shall be discussed with the Project Team, and provided to the Project Manager

10. Samples of proposed vegetation and related elements shall be discussed with the Project Team and provided to the Project Manager

11. 100% Design Development Plans (70% Construction Documents)

12. 100% Design Development Details

13. 100% Design Development Outline Specifications

14. 100% Design Development Cost Estimate

15. Meetings with Project Team

Deliverable

Design development package shall include three (3) hardcopies of 24” x 36” plans and specifications along with electronic versions.

Task 6:

Final PS&E

1. 90% Design: Drawings and specifications from the preliminary design phase shall be modified to account for any remaining design changes as a result of the design development review. At Agreement No. 32400346

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the end of the 90% design phase, drawings and specifications shall be complete. The following tasks are to be completed:
• Demolition plans and details
• Architectural drawings and details
• Landscape architectural drawings and details
• Civil drawings and details (grading and public improvements) • Complete Specifications
• Construction cost estimate
• Incorporation of all plan check comments from permitting authorities into the Final Design Submittal.

Deliverable

90% design package shall include three (3) hardcopies of 22’ x 34” plans and specifications along with electronic versions.

2. Final Design Submittal: During the final design phase, final comments from the 90% design submittal shall be incorporated into the drawings and specifications. This final submittal will be considered the bid set. Tasks include:
• Production of final architectural and engineering drawings • Production of final architectural and engineering specifications • The Consultant shall prepare an estimate of probable construction cost for the 100% design package. The cost estimate shall be transmitted along with the final 100% design package.

Final drawings shall be signed and sealed by a professional engineer and/or professional architect registered by the State of California. The Consultant shall provide three (3) sets of 11” x 17” drawings, three (3) sets of 24” x 36” drawings, four (4) sets of specifications, and an electronic copy in PDF format of the final design package for bid purposes. All drawings shall be prepared using a version of AutoCAD 2018 or later and .dwg files be delivered to the City as part of the final submittal.

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EXHIBIT B

CONSULTANT/PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Huitt-Zollars, Inc.)

SCHEDULE OF COMPENSATION
See next page
Agreement No. 32400346

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Firm Name: Huitt-Zollars, Inc.

Project No.: RFP 24-04
Project Title:

Date:
4th Street Mobility Improvements Project APTSB1L-5129(107) & Downtown Bus Stop Improvements Project Thursday, August 31, 2023 - Revised 12/22/2023
Bus Stop Portion of Project

BASIC SERVICES:

TOTAL TASK # 1:

Project Management
TASK # 2:

Data Gathering, Site Visit and Preliminary
Investigations
TASK #3:

Public Engagement
TASK #4:

Schematic Design
TASK #5:

Design Development
TASK #6:

Final PS&E
TASK #7&8:

Bid & Construction Phase Services

DISCIPLINE RATE HRS FEE RATE HRS FEE RATE HRS FEE RATE HRS FEE RATE HRS FEE RATE HRS RATE HRS FEE RATE HRS FEE Huitt-Zollars - Project Management
Principal in Charge $ 325.00 8 $ 2,600.00 $ 325.00 0 $ - $ 325.00 0 $ - $ 325.00 2 $ 650.00 $ 325.00 2 $ 650.00 $ 325.00 2 $ 650.00 $ 325.00 0 $ - 325.00 14 $ 4,550.00 QA Manager $ 250.00 12 $ 3,000.00 $ 250.00 0 $ - $ 250.00 0 $ - $ 250.00 0 $ - $ 250.00 0 $ - $ 250.00 0 $ - $ 250.00 0 $ - 250.00 12 $ 3,000.00 Project Manager $ 300.00 40 $ 12,000.00 $ 300.00 8 $ 2,400.00 $ 300.00 0 $ - $ 300.00 8 $ 2,400.00 $ 300.00 8 $ 2,400.00 $ 300.00 8 $ 2,400.00 $ 300.00 0 $ - 300.00 72 $ 21,600.00 Sr. Project Support $ 120.00 8 $ 960.00 $ 120.00 0 $ - $ 120.00 0 $ - $ 120.00 0 $ - $ 120.00 8 $ 960.00 $ 120.00 4 $ 480.00 $ 120.00 0 $ - 120.00 20 $ 2,400.00 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - #DIV/0! 0 $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - #DIV/0! 0 $ - Blended Rate / Subtotals $272.94 68 $ 18,560.00 $300.00 8 $ 2,400.00 #DIV/0! 0 $ - $305.00 10 $ 3,050.00 $222.78 18 $ 4,010.00 $252.14 14 $ 3,530.00 #DIV/0! 0 $ - 267.37 118 $ 31,550.00 Huitt-Zollars - Survey
Survey Manager $ 280.00 0 $ - $ 280.00 0 $ - $ 280.00 0 $ - $ 280.00 0 $ - $ 280.00 0 $ - $ 280.00 0 $ - $ 280.00 0 $ - #DIV/0! 0 $ - Senior Project Surveyor $ 220.00 0 $ - $ 220.00 0 $ - $ 220.00 0 $ - $ 220.00 0 $ - $ 220.00 0 $ - $ 220.00 0 $ - $ 220.00 0 $ - #DIV/0! 0 $ - Survey Crew (2 person) $ 305.00 0 $ - $ 305.00 0 $ - $ 305.00 0 $ - $ 305.00 0 $ - $ 305.00 0 $ 305.00 0 $ - $ 305.00 0 #DIV/0! 0 $ - Blended Rate / Subtotals #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - Huitt-Zollars - Civil
Sr. Civil Engineer $ 240.00 40 $ 9,600.00 $ 240.00 20 $ 4,800.00 $ 240.00 0 $ - $ 240.00 20 $ 4,800.00 $ 240.00 8 $ 1,920.00 $ 240.00 60 $ 14,400.00 $ 240.00 0 $ - 240.00 148 $ 35,520.00 Sr. Designer $ 195.00 0 $ - $ 195.00 40 $ 7,800.00 $ 195.00 0 $ - $ 195.00 40 $ 7,800.00 $ 195.00 40 $ 7,800.00 $ 195.00 40 $ 7,800.00 $ 195.00 0 $ - 195.00 160 $ 31,200.00 EIT $ 160.00 0 $ - $ 160.00 40 $ 6,400.00 $ 160.00 0 $ - $ 160.00 20 $ 3,200.00 $ 160.00 20 $ 3,200.00 $ 160.00 20 $ 3,200.00 $ 160.00 0 $ - 160.00 100 $ 16,000.00 Sr. Project Support $ 120.00 0 $ - $ 120.00 0 $ - $ 120.00 0 $ - $ 120.00 0 $ - $ 120.00 0 $ - $ 120.00 40 $ 4,800.00 $ 120.00 0 $ - 120.00 40 $ 4,800.00 Blended Rate / Subtotals 240 40 $ 9,600.00 $190.00 100 $ 19,000.00 #DIV/0! 0 $ - $197.50 80 $ 15,800.00 $190.00 68 $ 12,920.00 $188.75 160 $ 30,200.00 #DIV/0! 0 $ - 195.36 448 $ 87,520.00 Huitt-Zollars - Architecture
Project Architect $ 215.00 0 $ - $ 215.00 0 $ - $ 215.00 0 $ - $ 215.00 0 $ - $ 215.00 0 $ - $ 215.00 0 $ - $ 215.00 0 $ - #DIV/0! 0 $ - Architect Inter 1 $ 175.00 0 $ - $ 175.00 0 $ - $ 175.00 0 $ - $ 175.00 0 $ - $ 175.00 0 $ - $ 175.00 0 $ - $ 175.00 0 $ - #DIV/0! 0 $ - Architect Intern 2 $ 135.00 0 $ - $ 135.00 0 $ - $ 135.00 0 $ - $ 135.00 0 $ - $ 135.00 0 $ - $ 135.00 0 $ - $ 135.00 0 $ - #DIV/0! 0 $ - Designer $ 160.00 0 $ - $ 160.00 0 $ - $ 160.00 0 $ - $ 160.00 0 $ - $ 160.00 0 $ - $ 160.00 0 $ - $ 160.00 0 $ - #DIV/0! 0 $ - Sr. Structural Engineer $ 270.00 0 $ - $ 270.00 0 $ - $ 270.00 0 $ - $ 270.00 0 $ - $ 270.00 0 $ - $ 270.00 0 $ - $ 270.00 0 $ - #DIV/0! 0 $ - Blended Rate / Subtotals #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - Huitt-Zollars - Lanscape Architecture
Sr. Landscape Architect $ 225.00 0 $ - $ 225.00 0 $ - $ 225.00 0 $ - $ 225.00 0 $ - $ 225.00 0 $ - $ 225.00 0 $ - $ 225.00 0 $ - #DIV/0! 0 $ - Landscape Architect $ 160.00 0 $ - $ 160.00 0 $ - $ 160.00 0 $ - $ 160.00 0 $ - $ 160.00 0 $ - $ 160.00 0 $ - $ 160.00 0 $ - #DIV/0! 0 $ - Landscape Architect Intern $ 120.00 0 $ - $ 120.00 0 $ - $ 120.00 0 $ - $ 120.00 0 $ - $ 120.00 0 $ - $ 120.00 0 $ - $ 120.00 0 $ - #DIV/0! 0 $ - Sr. CADD Technician $ 145.00 0 $ - $ 145.00 0 $ - $ 145.00 0 $ - $ 145.00 0 $ - $ 145.00 0 $ - $ 145.00 0 $ - $ 145.00 0 $ - #DIV/0! 0 $ - Blended Rate / Subtotals #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - Cotton Shires Assoc - Geotechnical
Principal Professional 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - #DIV/0! 0 $ - Associate Professional 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - #DIV/0! 0 $ - Project Professional 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - #DIV/0! 0 $ - Technical Assistant 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - #DIV/0! 0 $ - Blended Rate / Subtotals #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - Fehr & Peers - Traffic, Lighting, Engagement
Principal $ 208.56 0 $ 208.56 0 $ - $ 208.56 0 $ - $ 208.56 0 $ - $ 208.56 0 $ - $ 208.56 24 $ 5,005.44 $ 208.56 0 $ - 208.56 24 $ 5,005.44 Project Manager $ 129.48 0 $ 129.48 0 $ - $ 129.48 0 $ - $ 129.48 0 $ - $ 129.48 0 $ - $ 129.48 56 $ 7,250.88 $ 129.48 0 $ - 129.48 56 $ 7,250.88 Outreach Lead $ 211.28 0 $ 211.28 0 $ - $ 211.28 0 $ - $ 211.28 0 $ - $ 211.28 0 $ - $ 211.28 0 $ - $ 211.28 0 $ - #DIV/0! 0 $ - Design Support $ 181.28 0 $ 181.28 0 $ - $ 181.28 0 $ - $ 181.28 0 $ - $ 181.28 0 $ - $ 181.28 40 $ 7,251.20 $ 181.28 0 $ - 181.28 40 $ 7,251.20 Drafter $ 114.09 0 $ 114.09 0 $ - $ 114.09 0 $ - $ 114.09 0 $ - $ 114.09 0 $ - $ 114.09 132 $ 15,059.88 $ 114.09 0 $ - 114.09 132 $ 15,059.88 Planner $ 106.32 0 $ 106.32 0 $ - $ 106.32 0 $ - $ 106.32 0 $ - $ 106.32 0 $ - $ 106.32 6 $ 637.92 $ 106.32 0 $ - 106.32 6 $ 637.92 Admin $ 133.59 0 $ 133.59 0 $ - $ 133.59 0 $ - $ 133.59 0 $ - $ 133.59 0 $ - $ 133.59 20 $ 2,671.80 $ 133.59 0 $ - 133.59 20 $ 2,671.80 Blended Rate / Subtotals #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - $136.25 278 $ 37,877.12 #DIV/0! 0 $ - 136.25 278 $ 37,877.12 SUB-TOTAL BASIC SERVICES $ 260.74 108 $ 28,160.00 $ 198.15 108 $ 21,400.00 #DIV/0! 0 $ - $ 209.44 90 $ 18,850.00 $ 196.86 86 $ 16,930.00 $ 158.42 452 $ 71,607.12 #DIV/0! 0 $ - $ 185.96 844 $ 156,947.12 BASIC SERVICES % TOTAL FEE 13% 18% 13% 14% 0% 0% 11% 12% 10% 11% 54% 46% 0% 0% 100% 100% GRAND TOTAL $ 260.74 108 $ 28,160.00 $ 198.15 108 $ 21,400.00 #DIV/0! 0 $ - $ 209.44 90 $ 18,850.00 #DIV/0! 0 $ - $ 185.96 844 $ 156,947.12 % TOTAL 13% 18% 13% 14% 0% 0% 11% 12% 0% 0% 100% 100% Agreement No. 32400346

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Firm Name:

Project No.:

Project Title:

Date:

Huitt-Zollars, Inc.

RFP 24-04
4th Street Mobility Improvements Project APTSB1L-5129(107) & Downtown Bus Stop Improvements Project Thursday, August 31, 2023 - Revised 12/22/2023
Bus Stop Portion of Project

DISCIPLINE

FIRM NAME

BLENDED HOURLY
RATE

TOTAL DESIGN FEE (PROJECT)

FIXED FEE & REIMBURSABLES TOTAL FEE

W/ FIXED FEE &

REIMBURSABLES

PRINTING

RENDERINGS TRAVEL & MISC FIXED FEE
Huitt-Zollars - Project Management $ 291.91 $ 31,550.00 $ - $ 100.00 $ 3,400.00 $ 35,050.00 Huitt-Zollars - Survey $ 266.54 $ - $ - $ - $ - $ -
Huitt-Zollars - Civil $ 189.83 $ 87,520.00 $ 100.00 $ 500.00 $ 11,000.00 $ 99,120.00 Huitt-Zollars - Architecture #DIV/0! $ - $ - $ - $ - $ - Huitt-Zollars - Lanscape Architecture $ 155.45 $ - $ - $ - $ - $ - Cotton Shires Assoc - Geotechnical $ - $ - $ - $ - $ - $ -

Fehr & Peers - Traffic, Lighting, Engagement

$ 141.27

$ 37,877.12

$ -

$ -

$ 3,787.71

$ 41,664.83
SUB-TOTAL BASIC SERVICES $ 156,947.12 $ 100.00 $ 600.00 $ 18,187.71 $ 175,834.83 BASIC SERVICES % TOTAL FEE 89% 0% 0% 10% 100%
GRAND TOTAL $ 156,947.12 $ 100 $ 600 $ 18,188 $ 175,834.83 % TOTAL 89% 0% 0% 10% 100%
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Firm Name: Huitt-Zollars, Inc.

Project No.: RFP 24-04
Project Title:

Date:
4th Street Mobility Improvements Project APTSB1L-5129(107) & Downtown Bus Stop Improvements Project Thursday, August 31, 2023 - Revised 12/22/2023
4th Street Portion of Project

BASIC SERVICES:

TOTAL TASK # 1:

Project Management
TASK # 2:

Data Gathering, Site Visit and Preliminary
Investigations
TASK #3:

Public Engagement
TASK #4:

Schematic Design
TASK #5:

Design Development
TASK #6:

Final PS&E
TASK #7&8:

Bid & Construction Phase Services

DISCIPLINE RATE HRS FEE RATE HRS FEE RATE HRS FEE RATE HRS FEE RATE HRS FEE RATE HRS RATE HRS FEE RATE HRS FEE Huitt-Zollars - Project Management
Principal in Charge $ 325.00 8 $ 2,600.00 $ 325.00 4 $ 1,300.00 $ 325.00 4 $ 1,300.00 $ 325.00 4 $ 1,300.00 $ 325.00 4 $ 1,300.00 $ 325.00 2 $ 650.00 $ 325.00 0 $ - 325.00 26 $ 8,450.00 QA Manager $ 250.00 24 $ 6,000.00 $ 250.00 0 $ - $ 250.00 0 $ - $ 250.00 0 $ - $ 250.00 0 $ - $ 250.00 0 $ - $ 250.00 0 $ - 250.00 24 $ 6,000.00 Project Manager $ 300.00 80 $ 24,000.00 $ 300.00 20 $ 6,000.00 $ 300.00 24 $ 7,200.00 $ 300.00 16 $ 4,800.00 $ 300.00 32 $ 9,600.00 $ 300.00 16 $ 4,800.00 $ 300.00 0 $ - 300.00 188 $ 56,400.00 Sr. Project Support $ 120.00 4 $ 480.00 $ 120.00 0 $ - $ 120.00 0 $ - $ 120.00 0 $ - $ 120.00 0 $ - $ 120.00 4 $ 480.00 $ 120.00 0 $ - 120.00 8 $ 960.00 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - #DIV/0! 0 $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - #DIV/0! 0 $ - Blended Rate / Subtotals $285.17 116 $ 33,080.00 $304.17 24 $ 7,300.00 $303.57 28 $ 8,500.00 $305.00 20 $ 6,100.00 $302.78 36 $ 10,900.00 $269.55 22 $ 5,930.00 #DIV/0! 0 $ - 291.91 246 $ 71,810.00 Huitt-Zollars - Survey
Survey Manager $ 280.00 $ - $ 280.00 24 $ 6,720.00 $ 280.00 0 $ - $ 280.00 0 $ - $ 280.00 0 $ - $ 280.00 $ - $ 280.00 0 $ - 280.00 24 $ 6,720.00 Senior Project Surveyor $ 220.00 $ - $ 220.00 40 $ 8,800.00 $ 220.00 0 $ - $ 220.00 0 $ - $ 220.00 0 $ - $ 220.00 $ - $ 220.00 0 $ - 220.00 40 $ 8,800.00 Survey Crew (2 person) $ 305.00 $ - $ 305.00 40 $ 12,200.00 $ 305.00 0 $ - $ 305.00 0 $ - $ 305.00 0 $ 305.00 $ - $ 305.00 0 40 $ 12,200.00 Blended Rate / Subtotals #DIV/0! 0 $ - $266.54 104 $ 27,720.00 #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - 266.54 104 $ 27,720.00 Huitt-Zollars - Civil
Sr. Civil Engineer $ 240.00 20 $ 4,800.00 $ 240.00 20 $ 4,800.00 $ 240.00 40 $ 9,600.00 $ 240.00 24 $ 5,760.00 $ 240.00 24 $ 5,760.00 $ 240.00 24 $ 5,760.00 $ 240.00 0 $ - 240.00 152 $ 36,480.00 Sr. Designer $ 195.00 0 $ - $ 195.00 40 $ 7,800.00 $ 195.00 40 $ 7,800.00 $ 195.00 40 $ 7,800.00 $ 195.00 60 $ 11,700.00 $ 195.00 40 $ 7,800.00 $ 195.00 0 $ - 195.00 220 $ 42,900.00 EIT $ 160.00 0 $ - $ 160.00 20 $ 3,200.00 $ 160.00 12 $ 1,920.00 $ 160.00 40 $ 6,400.00 $ 160.00 60 $ 9,600.00 $ 160.00 40 $ 6,400.00 $ 160.00 0 $ - 160.00 172 $ 27,520.00 Sr. Project Support $ 120.00 0 $ - $ 120.00 0 $ - $ 120.00 12 $ 1,440.00 $ 120.00 0 $ - $ 120.00 0 $ - $ 120.00 40 $ 4,800.00 $ 120.00 0 $ - 120.00 52 $ 6,240.00 Blended Rate / Subtotals 240 20 $ 4,800.00 $197.50 80 $ 15,800.00 $199.62 104 $ 20,760.00 $191.92 104 $ 19,960.00 $187.92 144 $ 27,060.00 $171.94 144 $ 24,760.00 #DIV/0! 0 $ - 189.83 596 $ 113,140.00 Huitt-Zollars - Architecture
Project Architect $ 215.00 0 $ - $ 215.00 0 $ - $ 215.00 0 $ - $ 215.00 0 $ - $ 215.00 0 $ - $ 215.00 0 $ - $ 215.00 0 $ - #DIV/0! 0 $ - Architect Inter 1 $ 175.00 0 $ - $ 175.00 0 $ - $ 175.00 0 $ - $ 175.00 0 $ - $ 175.00 0 $ - $ 175.00 0 $ - $ 175.00 0 $ - #DIV/0! 0 $ - Architect Intern 2 $ 135.00 0 $ - $ 135.00 0 $ - $ 135.00 0 $ - $ 135.00 0 $ - $ 135.00 0 $ - $ 135.00 0 $ - $ 135.00 0 $ - #DIV/0! 0 $ - Designer $ 160.00 0 $ - $ 160.00 0 $ - $ 160.00 0 $ - $ 160.00 0 $ - $ 160.00 0 $ - $ 160.00 0 $ - $ 160.00 0 $ - #DIV/0! 0 $ - Sr. Structural Engineer $ 270.00 0 $ - $ 270.00 0 $ - $ 270.00 0 $ - $ 270.00 0 $ - $ 270.00 0 $ - $ 270.00 0 $ - $ 270.00 0 $ - #DIV/0! 0 $ - Blended Rate / Subtotals #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - Huitt-Zollars - Lanscape Architecture
Sr. Landscape Architect $ 225.00 8 $ 1,800.00 $ 225.00 8 $ 1,800.00 $ 225.00 4 $ 900.00 $ 225.00 40 $ 9,000.00 $ 225.00 40 $ 9,000.00 $ 225.00 24 $ 5,400.00 $ 225.00 0 $ - 225.00 124 $ 27,900.00 Landscape Architect $ 160.00 0 $ - $ 160.00 0 $ - $ 160.00 0 $ - $ 160.00 64 $ 10,240.00 $ 160.00 80 $ 12,800.00 $ 160.00 40 $ 6,400.00 $ 160.00 0 $ - 160.00 184 $ 29,440.00 Landscape Architect Intern $ 120.00 0 $ - $ 120.00 0 $ - $ 120.00 8 $ 960.00 $ 120.00 40 $ 4,800.00 $ 120.00 80 $ 9,600.00 $ 120.00 80 $ 9,600.00 $ 120.00 0 $ - 120.00 208 $ 24,960.00 Sr. CADD Technician $ 145.00 0 $ - $ 145.00 8 $ 1,160.00 $ 145.00 8 $ 1,160.00 $ 145.00 64 $ 9,280.00 $ 145.00 40 $ 5,800.00 $ 145.00 80 $ 11,600.00 $ 145.00 0 $ - 145.00 200 $ 29,000.00 Blended Rate / Subtotals $225.00 8 $ 1,800.00 $185.00 16 $ 2,960.00 $151.00 20 $ 3,020.00 $160.19 208 $ 33,320.00 $155.00 240 $ 37,200.00 $147.32 224 $ 33,000.00 #DIV/0! 0 $ - 155.45 716 $ 111,300.00 Cotton Shires Assoc - Geotechnical
Principal Professional $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - #DIV/0! 0 $ - Associate Professional $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - #DIV/0! 0 $ - Project Professional $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - #DIV/0! 0 $ - Technical Assistant $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - #DIV/0! 0 $ - Blended Rate / Subtotals #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - Fehr & Peers - Traffic, Lighting, Engagement
Principal $ 208.56 $ 208.56 0 $ - $ 208.56 1 $ 208.56 $ 208.56 20 $ 4,171.20 $ 208.56 26 $ 5,422.56 $ 208.56 40 $ 8,342.40 $ 208.56 0 $ - 208.56 87 $ 18,144.72 Project Manager $ 129.48 $ 129.48 24 $ 3,107.52 $ 129.48 26 $ 3,366.48 $ 129.48 38 $ 4,920.24 $ 129.48 46 $ 5,956.08 $ 129.48 68 $ 8,804.64 $ 129.48 0 $ - 129.48 202 $ 26,154.96 Outreach Lead $ 211.28 $ 211.28 0 $ - $ 211.28 22 $ 4,648.16 $ 211.28 0 $ - $ 211.28 0 $ - $ 211.28 0 $ - $ 211.28 0 $ - 211.28 22 $ 4,648.16 Design Support $ 181.28 $ 181.28 0 $ - $ 181.28 0 $ - $ 181.28 16 $ 2,900.48 $ 181.28 30 $ 5,438.40 $ 181.28 50 $ 9,064.00 $ 181.28 0 $ - 181.28 96 $ 17,402.88 Drafter $ 114.09 $ 114.09 24 $ 2,738.16 $ 114.09 0 $ - $ 114.09 46 $ 5,248.14 $ 114.09 38 $ 4,335.42 $ 114.09 154 $ 17,569.86 $ 114.09 0 $ - 114.09 262 $ 29,891.58 Planner $ 106.32 $ 106.32 0 $ - $ 106.32 24 $ 2,551.68 $ 106.32 4 $ 425.28 $ 106.32 0 $ - $ 106.32 8 $ 850.56 $ 106.32 0 $ - 106.32 36 $ 3,827.52 Admin $ 133.59 $ 133.59 0 $ - $ 133.59 7 $ 935.13 $ 133.59 11 $ 1,469.49 $ 133.59 15 $ 2,003.85 $ 133.59 29 $ 3,874.11 $ 133.59 0 $ - 133.59 62 $ 8,282.58 Blended Rate / Subtotals #DIV/0! 0 $ - $121.79 48 $ 5,845.68 $146.38 80 $ 11,710.01 $141.74 135 $ 19,134.83 $149.40 155 $ 23,156.31 $138.98 349 $ 48,505.57 #DIV/0! 0 $ - 141.27 767 $ 108,352.40 SUB-TOTAL BASIC SERVICES $ 275.56 144 $ 39,680.00 $ 219.21 272 $ 59,625.68 $ 189.61 232 $ 43,990.01 $ 168.13 467 $ 78,514.83 $ 170.98 575 $ 98,316.31 $ 151.82 739 $ 112,195.57 #DIV/0! 0 $ - $ 177.98 2,429 $ 432,322.40 BASIC SERVICES % TOTAL FEE 6% 9% 11% 14% 10% 10% 19% 18% 24% 23% 30% 26% 0% 0% 100% 100% GRAND TOTAL $ 275.56 144 $ 39,680.00 $ 219.21 272 $ 59,625.68 $ 189.61 232 $ 43,990.01 $ 168.13 467 $ 78,514.83 #DIV/0! 0 $ - $ 177.98 2,429 $ 432,322.40 % TOTAL 6% 9% 11% 14% 10% 10% 19% 18% 0% 0% 100% 100% Agreement No. 32400346

200
Firm Name:

Project No.:

Project Title:

Date:

Huitt-Zollars, Inc.

RFP 24-04
4th Street Mobility Improvements Project APTSB1L-5129(107) & Downtown Bus Stop Improvements Project Thursday, August 31, 2023 - Revised 12/22/2023
4th Street Portion of Pr oject

DISCIPLINE

FIRM NAME

BLENDED HOURLY
RATE

TOTAL DESIGN FEE (PROJECT)

FIXED FEE & REIMBURSABLES TOTAL FEE

W/ FIXED FEE &

REIMBURSABLES

PRINTING

RENDERINGS TRAVEL & MISC FIXED FEE
(See Total Proj Sum)
Huitt-Zollars - Project Management $ 291.91 $ 71,810.00 $ - $ 100.00 $ 10,500.00 $ 82,410.00 Huitt-Zollars - Survey $ 266.54 $ 27,720.00 $ - $ 100.00 $ 3,350.00 $ 31,170.00 Huitt-Zollars - Civil $ 189.83 $ 113,140.00 $ 1,400.00 $ 250.00 $ 13,750.00 $ 128,540.00 Huitt-Zollars - Architecture #DIV/0! $ - $ - $ - $ - $ - Huitt-Zollars - Lanscape Architecture $ 155.45 $ 111,300.00 $ 750.00 $ - $ 13,200.00 $ 125,250.00 Cotton Shires Assoc - Geotechnical $ - $ 17,600.00 $ - $ - $ - $ 17,600.00

Fehr & Peers - Traffic, Lighting, Engagement

$ 141.27

$ 108,352.40

$ -

$ -

$ 10,836.24

$ 119,188.64
SUB-TOTAL BASIC SERVICES $ 449,922.40 $ 2,150.00 $ 450.00 $ 51,636.24 $ 504,158.64 BASIC SERVICES % TOTAL FEE 89% 0% 0% 10% 100%
GRAND TOTAL $ 449,922.40 $ 2,150 $ 450 $ 51,636 $ 504,158.64 % TOTAL 89% 0% 0% 10% 100%
Agreement No. 32400346

201
Firm Name: Huitt-Zollars, Inc.

Project No.: RFP 24-04
Project Title:

Date:
4th Street Mobility Improvements Project APTSB1L-5129(107) & Downtown Bus Stop Improvements Project Thursday, August 31, 2023 - Revised 12/22/2023
Restroom Portion of Project

BASIC SERVICES:

TOTAL TASK # 1:

Project Management
TASK # 2:

Data Gathering, Site Visit and Preliminary
Investigations
TASK #3:

Public Engagement
TASK #4:

Schematic Design
TASK #5:

Design Development
TASK #6:

Final PS&E
TASK #7&8:

Bid & Construction Phase Services

DISCIPLINE RATE HRS FEE RATE HRS FEE RATE HRS FEE RATE HRS FEE RATE HRS FEE RATE HRS RATE HRS FEE RATE HRS FEE Huitt-Zollars - Project Management
Principal in Charge $ 325.00 4 $ 1,300.00 $ 325.00 0 $ - $ 325.00 0 $ - $ 325.00 0 $ - $ 325.00 0 $ - $ 325.00 0 $ - $ 325.00 0 $ - 325.00 4 $ 1,300.00 QA Manager $ 250.00 4 $ 1,000.00 $ 250.00 0 $ - $ 250.00 0 $ - $ 250.00 0 $ - $ 250.00 0 $ - $ 250.00 0 $ - $ 250.00 0 $ - 250.00 4 $ 1,000.00 Project Manager $ 300.00 4 $ 1,200.00 $ 300.00 4 $ 1,200.00 $ 300.00 4 $ 1,200.00 $ 300.00 4 $ 1,200.00 $ 300.00 4 $ 1,200.00 $ 300.00 4 $ 1,200.00 $ 300.00 0 $ - 300.00 24 $ 7,200.00 Sr. Project Support $ 120.00 2 $ 240.00 $ 120.00 0 $ - $ 120.00 0 $ - $ 120.00 0 $ - $ 120.00 0 $ - $ 120.00 0 $ - $ 120.00 0 $ - 120.00 2 $ 240.00 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - #DIV/0! 0 $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - #DIV/0! 0 $ - Blended Rate / Subtotals $267.14 14 $ 3,740.00 $300.00 4 $ 1,200.00 $300.00 4 $ 1,200.00 $300.00 4 $ 1,200.00 $300.00 4 $ 1,200.00 $300.00 4 $ 1,200.00 #DIV/0! 0 $ - 286.47 34 $ 9,740.00 Huitt-Zollars - Survey
Survey Manager $ 280.00 0 $ - $ 280.00 0 $ - $ 280.00 0 $ - $ 280.00 0 $ - $ 280.00 0 $ - $ 280.00 0 $ - $ 280.00 0 $ - #DIV/0! 0 $ - Senior Project Surveyor $ 220.00 0 $ - $ 220.00 0 $ - $ 220.00 0 $ - $ 220.00 0 $ - $ 220.00 0 $ - $ 220.00 0 $ - $ 220.00 0 $ - #DIV/0! 0 $ - Survey Crew (2 person) $ 305.00 0 $ - $ 305.00 0 $ - $ 305.00 0 $ - $ 305.00 0 $ - $ 305.00 0 $ 305.00 0 $ - $ 305.00 0 0 $ - Blended Rate / Subtotals #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - Huitt-Zollars - Civil
Sr. Civil Engineer $ 240.00 4 $ 960.00 $ 240.00 2 $ 480.00 $ 240.00 0 $ - $ 240.00 2 $ 480.00 $ 240.00 2 $ 480.00 $ 240.00 4 $ 960.00 $ 240.00 0 $ - 240.00 14 $ 3,360.00 Sr. Designer $ 195.00 0 $ - $ 195.00 4 $ 780.00 $ 195.00 0 $ - $ 195.00 4 $ 780.00 $ 195.00 4 $ 780.00 $ 195.00 4 $ 780.00 $ 195.00 0 $ - 195.00 16 $ 3,120.00 EIT $ 160.00 0 $ - $ 160.00 0 $ - $ 160.00 0 $ - $ 160.00 0 $ - $ 160.00 0 $ - $ 160.00 0 $ - $ 160.00 0 $ - #DIV/0! 0 $ - Sr. Project Support $ 120.00 0 $ - $ 120.00 0 $ - $ 120.00 0 $ - $ 120.00 0 $ - $ 120.00 0 $ - $ 120.00 2 $ 240.00 $ 120.00 0 $ - 120.00 2 $ 240.00 Blended Rate / Subtotals 240 4 $ 960.00 $210.00 6 $ 1,260.00 #DIV/0! 0 $ - $210.00 6 $ 1,260.00 $210.00 6 $ 1,260.00 $198.00 10 $ 1,980.00 #DIV/0! 0 $ - 210.00 32 $ 6,720.00 Huitt-Zollars - Architecture
Project Architect $ 215.00 8 $ 1,720.00 $ 215.00 2 $ 430.00 $ 215.00 4 $ 860.00 $ 215.00 4 $ 860.00 $ 215.00 40 $ 8,600.00 $ 215.00 20 $ 4,300.00 $ 215.00 0 $ - 215.00 78 $ 16,770.00 Architect Inter 1 $ 175.00 0 $ - $ 175.00 8 $ 1,400.00 $ 175.00 0 $ - $ 175.00 4 $ 700.00 $ 175.00 40 $ 7,000.00 $ 175.00 20 $ 3,500.00 $ 175.00 0 $ - 175.00 72 $ 12,600.00 Architect Intern 2 $ 135.00 0 $ - $ 135.00 0 $ - $ 135.00 0 $ - $ 135.00 4 $ 540.00 $ 135.00 20 $ 2,700.00 $ 135.00 40 $ 5,400.00 $ 135.00 0 $ - 135.00 64 $ 8,640.00 Designer $ 160.00 0 $ - $ 160.00 0 $ - $ 160.00 0 $ - $ 160.00 8 $ 1,280.00 $ 160.00 20 $ 3,200.00 $ 160.00 20 $ 3,200.00 $ 160.00 0 $ - 160.00 48 $ 7,680.00 Sr. Structural Engineer $ 270.00 0 $ - $ 270.00 0 $ - $ 270.00 0 $ - $ 270.00 8 $ 2,160.00 $ 270.00 20 $ 5,400.00 $ 270.00 20 $ 5,400.00 $ 270.00 0 $ - 270.00 48 $ 12,960.00 Blended Rate / Subtotals $ 215.00 8 $ 1,720.00 $183.00 10 $ 1,830.00 $215.00 4 $ 860.00 $197.86 28 $ 5,540.00 $192.14 140 $ 26,900.00 $181.67 120 $ 21,800.00 #DIV/0! 0 $ - 189.19 310 $ 58,650.00 Huitt-Zollars - Lanscape Architecture
Sr. Landscape Architect $ 225.00 0 $ - $ 225.00 0 $ - $ 225.00 0 $ - $ 225.00 0 $ - $ 225.00 0 $ - $ 225.00 0 $ - $ 225.00 0 $ - #DIV/0! 0 $ - Landscape Architect $ 160.00 0 $ - $ 160.00 0 $ - $ 160.00 0 $ - $ 160.00 0 $ - $ 160.00 0 $ - $ 160.00 0 $ - $ 160.00 0 $ - #DIV/0! 0 $ - Landscape Architect Intern $ 120.00 0 $ - $ 120.00 0 $ - $ 120.00 0 $ - $ 120.00 0 $ - $ 120.00 0 $ - $ 120.00 0 $ - $ 120.00 0 $ - #DIV/0! 0 $ - Sr. CADD Technician $ 145.00 0 $ - $ 145.00 0 $ - $ 145.00 0 $ - $ 145.00 0 $ - $ 145.00 0 $ - $ 145.00 0 $ - $ 145.00 0 $ - #DIV/0! 0 $ - Blended Rate / Subtotals #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - Cotton Shires Assoc - Geotechnical
Principal Professional 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - #DIV/0! 0 $ - Associate Professional 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - #DIV/0! 0 $ - Project Professional 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - #DIV/0! 0 $ - Technical Assistant 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - #DIV/0! 0 $ - Blended Rate / Subtotals #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - Fehr & Peers - Traffic, Lighting, Engagement
Principal $ 208.56 0 $ 208.56 0 $ - $ 208.56 0 $ - $ 208.56 0 $ - $ 208.56 0 $ - $ 208.56 0 $ - $ 208.56 0 $ - #DIV/0! 0 $ - Project Manager $ 129.48 0 $ 129.48 0 $ - $ 129.48 0 $ - $ 129.48 0 $ - $ 129.48 0 $ - $ 129.48 0 $ - $ 129.48 0 $ - #DIV/0! 0 $ - Outreach Lead $ 211.28 0 $ 211.28 0 $ - $ 211.28 0 $ - $ 211.28 0 $ - $ 211.28 0 $ - $ 211.28 0 $ - $ 211.28 0 $ - #DIV/0! 0 $ - Design Support $ 181.28 0 $ 181.28 0 $ - $ 181.28 0 $ - $ 181.28 0 $ - $ 181.28 0 $ - $ 181.28 0 $ - $ 181.28 0 $ - #DIV/0! 0 $ - Drafter $ 114.09 0 $ 114.09 0 $ - $ 114.09 0 $ - $ 114.09 0 $ - $ 114.09 0 $ - $ 114.09 0 $ - $ 114.09 0 $ - #DIV/0! 0 $ - Planner $ 106.32 0 $ 106.32 0 $ - $ 106.32 0 $ - $ 106.32 0 $ - $ 106.32 0 $ - $ 106.32 0 $ - $ 106.32 0 $ - #DIV/0! 0 $ - Admin $ 133.59 0 $ 133.59 0 $ - $ 133.59 0 $ - $ 133.59 0 $ - $ 133.59 0 $ - $ 133.59 0 $ - $ 133.59 0 $ - #DIV/0! 0 $ - Blended Rate / Subtotals #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - #DIV/0! 0 $ - SUB-TOTAL BASIC SERVICES $ 246.92 26 $ 6,420.00 $ 214.50 20 $ 4,290.00 $ 257.50 8 $ 2,060.00 $ 210.53 38 $ 8,000.00 $ 195.73 150 $ 29,360.00 $ 186.42 134 $ 24,980.00 #DIV/0! 0 $ - $ 199.76 376 $ 75,110.00 BASIC SERVICES % TOTAL FEE 7% 9% 5% 6% 2% 3% 10% 11% 40% 39% 36% 33% 0% 0% 100% 100% GRAND TOTAL $ 246.92 26 $ 6,420.00 $ 214.50 20 $ 4,290.00 $ 257.50 8 $ 2,060.00 $ 210.53 38 $ 8,000.00 #DIV/0! 0 $ - $ 199.76 376 $ 75,110.00 % TOTAL 7% 9% 5% 6% 2% 3% 10% 11% 0% 0% 100% 100% Agreement No. 32400346

202
Restroom Portion of Project

DISCIPLINE

FIRM NAME

BLENDED HOURLY
RATE

TOTAL DESIGN FEE (PROJECT)

FIXED FEE & REIMBURSABLES TOTAL FEE

W/ FIXED FEE &

REIMBURSABLES

PRINTING

RENDERINGS TRAVEL & MISC FIXED FEE
(See Total Proj Sum)
Huitt-Zollars - Project Management $ 291.91 $ 9,740.00 $ - $ - $ 1,100.00 $ 10,840.00 Huitt-Zollars - Survey $ 266.54 $ - $ - $ - $ - $ -
Huitt-Zollars - Civil $ 189.83 $ 6,720.00 $ - $ - $ 7,750.00 $ 14,470.00 Huitt-Zollars - Architecture $ 189.19 $ 58,650.00 $ 500.00 $ 400.00 $ 7,200.00 $ 66,750.00 Huitt-Zollars - Lanscape Architecture $ 155.45 $ - $ - $ - $ - $ - Cotton Shires Assoc - Geotechnical $ - $ - $ - $ - $ - $ -

Fehr & Peers - Traffic, Lighting, Engagement

$ 141.27

$ -

$ -

$ -

$ -

$ -
SUB-TOTAL BASIC SERVICES $ - $ 500.00 $ 400.00 $ 16,050.00 $ 92,060.00 BASIC SERVICES % TOTAL FEE 0% 1% 0% 17% 100%
GRAND TOTAL $ - $ 500 $ 400 $ 16,050 $ 92,060.00
% TOTAL 0% 1% 0% 17% 100%
Agreement No. 32400346

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TOTAL PROJECT SUMMARY

DISCIPLINE

FIRM NAME

BLENDED HOURLY
RATE

TOTAL DESIGN FEE (PROJECT)

FIXED FEE & REIMBURSABLES TOTAL FEE

W/ FIXED FEE &

REIMBURSABLES

PRINTING

RENDERINGS TRAVEL & MISC FIXED FEE
Huitt-Zollars - Project Management $ 291.91 $ 113,100.00 $ - $ 200.00 $ 15,000.00 $ 128,300.00 Huitt-Zollars - Survey $ 266.54 $ 27,720.00 $ - $ 100.00 $ 3,350.00 $ 31,170.00 Huitt-Zollars - Civil $ 189.83 $ 207,380.00 $ 1,500.00 $ 750.00 $ 32,500.00 $ 242,130.00 Huitt-Zollars - Architecture #DIV/0! $ 58,650.00 $ 500.00 $ 400.00 $ 7,200.00 $ 66,750.00 Huitt-Zollars - Lanscape Architecture $ 155.45 $ 111,300.00 $ 750.00 $ - $ 13,200.00 $ 125,250.00 Cotton Shires Assoc - Geotechnical $ - $ 17,600.00 $ - $ - $ - $ 17,600.00

Fehr & Peers - Traffic, Lighting, Engagement

$ 141.27

$ 146,229.52

$ -

$ -

$ 14,623.95

$ 160,853.47
SUB-TOTAL BASIC SERVICES $ 681,979.52 $ 2,750.00 $ 1,450.00 $ 85,873.95 $ 772,053.47 BASIC SERVICES % TOTAL FEE 88% 0% 0% 11% 100%
GRAND TOTAL $ 681,979.52 $ 2,750 $ 1,450 $ 85,874 $ 772,053.47 % TOTAL 88% 0% 0% 11% 100%
Agreement No. 32400346

204

EXHIBIT C

CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Huitt-Zollars, Inc.)

INSURANCE REQUIREMENTS

Prior to contract approval, CONSULTANT/SERVICE PROVIDER/SELLER/BIDDER (hereafter referred to as “CONSULTANT”) 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-A

INSURANCE REQUIREMENTS FOR CONSULTANTS
(WITH ERRORS AND OMISSIONS REQUIREMENT)

1. Consultant 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 performance of services hereunder by Consultant, its agents, representatives, employees or subconsultants. 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. Professional liability/errors and omissions insurance appropriate to Consultant’s profession to a minimum coverage of $1,000,000, with neither Consultant nor listed subconsultants having less than $500,000 individually. The professional liability/errors and omissions insurance must be project specific with at least a one year extended reporting period, or longer upon request. d. Workers’ compensation insurance in compliance with the laws of the State of California, and employer’s liability insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.

2. Consultant 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 -A. The certificates and endorsements for eac h 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 commencement of services. 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 vi a email. If you have not received your request or are having difficulty with electronic upload, contact [email protected]

3. Consultant 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, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Ma nager 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. Consultant agrees that the commercial general liability and business automobile liability insurance policies shall be endorsed to name City, its City Council, officers, employees, agents and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees, agents and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-A or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).

5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance or self-insurance coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation Agreement No. 32400346

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which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

6. The insurer shall declare any deductibles or self-insured retentions to and be 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 Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

7. All insurance standards applicable to Consultant shall also be applicable to Consultant's subconsultants. Consultant agrees to maintain appropriate agreements with subconsultants and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.
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INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS Certificates of Insurance
The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample.

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

Endorsement Forms
Original endorsements are required for commercial general liability and business automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that the Consultant/insurer use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the sample accord form.

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

PRODUCER

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.

CODE SUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE

INSURED COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY

LETTER B

COVERAGES

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE

FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR

OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.

LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

CO
LTR

TYPE OF INSURANCE

POLICY
NUMBER
POLICY

EFFECTIVE
DATE
(MM/DD/YY)
POLICY

EXPIRATION
DATE
(MM/DD/YY)

LIMITS

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

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

A AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

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

A EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN

UMBRELLA FORM
EACH OCCURRENCE $
AGGREGATE $

A WORKERS'

COMPENSATION
AND

EMPLOYERS' LIABILITY

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

DISEASE-EACH EMPLOYEE
$1,000,000

A OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession
Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant

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

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

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE

THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL
ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE

HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL

IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.

AUTHORIZED REPRESENTATIVE
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GENERAL LIABILITY SPECIAL ENDORSEMENT SUBMIT IN DUPLICATE FOR THE CITY OF OXNARD (the “City”)
ENDORSEMENT NO. ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

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

CITY AGREEMENTS/PERMITS TYPE OF INSURANCE

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

 Claims Made
Retroactive Date
 Occurrence

OTHER PROVISIONS

COVERAGES
LIABILITY LIMITS IN THOUSANDS $

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

Name:

Address:

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

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

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

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

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

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

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

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

ENDORSEMENT HOLDER

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

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

Signature
(original signature required)
Telephone: ( ) Date Signed:

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AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT

SUBMIT IN DUPLICATE

FOR THE CITY OF OXNARD (the “City”)
ENDORSEMENT NO. ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE OTHER PROVISIONS
 COMMERCIAL AUTO POLICY
 BUSINESS AUTO POLICY
 OTHER

LIMIT OF LIABILITY
CLAIMS: Underwriter’s representative for claims pursuant to this insurance.

Name:

Address:

Telephone: ( )

$ per accident, for bodily injury and property damage.

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

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

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

3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability.

The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.

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

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

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

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

ENDORSEMENT HOLDER

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

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

Signature
(original signature required)
Telephone: ( ) Date Signed
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EXHIBIT D

CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Huitt-Zollars)

MASTER AGREEMENT ADMINISTERING AGENCY-STATE AGREEMENT FOR STATE FUNDED PROJECTS, AGREEMENT NO. 07-5129S21 and
PROGRAM SUPPLEMENT NO. A051
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3/8/2022
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EXHIBIT E

CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Huitt-Zollars)

CALTRANS PROJECTS REQUIREMENTS: Local Assistance Procedures Manual (LAPM) and Local Assistance Program Guidelines (LAPG)

The provisions of Exhibit E hereof are from the Caltrans Local Assistance Procedures Manual (“LAPM”) as Exhibit 10- R thereto dated September 2022. The provisions listed below are from Exhibit 10-R for which there is not a comparable provision otherwise in this Agreement. A complete copy of Exhibit 10-R can be found on the web at https://dot.ca.gov/programs/local-assistance/forms/local-assistance-procedures-manual-forms. Certain provisions of this Exhibit E only apply if the box immediately to the left of the Section is checked. If a box is to the left of any Section of this Agreement and it is not checked, the provision does not apply to this Agreement. If there is no check box provided, the provision applies to this Agreement. In the event of any contradictions or inconsistencies between these provisions and the provisions of the Agreement itself, the terms of this Exhibit shall control. For purposes of this Exhibit, the phrase “CONTRACT ADMINISTRATOR” shall be City’s Designated Representative as identified in Section 20 of this Agreement.

ARTICLE I - INTRODUCTION
A. Any third-party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.

B. CONSULTANT shall be as fully responsible to the CITY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULTANT.

C. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.

D. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.

ARTICLE II - CONSULTANT’S REPORTS OR MEETINGS

A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the CITY’s Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B. CONSULTANT’s Project Manager shall meet with CITY’s Contract Administrator, as needed, to discuss progress on the AGREEMENT.

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ARTICLE III – STATEMENT OF WORK
X A. CONSULTANT Services
SEE THE ATTACHED SCOPE OF SERVICES IN EXHIBIT A OF THIS AGREEMENT. [Detail based on the services to be furnished should be provided by CONSULTANT. Nature and extent should be verified in the negotiations to make precise statements to eliminate subsequent uncertainties and misunderstandings. Reference to the appropriate standards for design or other standards for work performance stipulated in CONSULTANT AGREEMENT should be included. Describe acceptance criteria, and if the responsible CONSULTANT/engineer shall sign all Plans, Specifications and Estimate (PS&E ) and engineering data furnished under the AGREEMENT including registration number.

Environmental documents are not considered complete until a Caltrans District Senior Environmental Planner signs the Categorical Exclusion, a Caltrans Deputy District Direc tor signs the Finding of No Significant Impact, or the Caltrans District Director signs the Record of Decision (see LAPM Chapter 6: Environmental Procedures, and the Standard Environmental Reference).]
X B. Right of Way
X Right of Way requirements are to be determined and shown by CONSULTANT;
X Land surveys and computations with metes and bounds descriptions are to be made; and,
X Right of Way parcel maps are to be furnished.

X C. Surveys
X CONSULTANT has the responsibility for performing preliminary or construction surveys.

X D. Subsurface Investigations
CONSULTANT has responsibility for making subsurface
investigations. If borings or other specialized services are to be made by others under the supervision of CONSULTANT,
appropriate provisions are to be incorporated, including the geotechnical. Archaeological testing and data recovery
guidance can be found in the Standard Environmental
Reference.

E. CITY Obligations
All data applicable to the project and in possession of CITY, another agency, or government agency that are to be made available to CONSULTANT are referred to in the AGREEMENT.

Any other assistance or services to be furnished to CONSULTANT are to be stated clearly.
x F. Conferences, Site Visits, Inspection of Work
This AGREEMENT provides for conferences as needed, visits to the site, and inspection of the work by representatives of the CITY, State, and/or FHWA. Costs incurred by CONSULTANT for
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meetings, subsequent to the initial meeting shall be included in the fee.

x G. Checking Shop Drawings
This Agreement requires the preparation of construction drawings which must be checked. CONSULTANT agrees that the payment for checking shop drawings by CONSULTANT is included in the fee charged by CONSULTANT under this AGREEMENT.

☐ H. CONSULTANT Services During Construction
The extent, if any of CONSULTANT’s services during the course of construction as material testing, construction surveys. etc., are specified in the AGREEMENT together with the method of payment for such services.

x I. Documentation and Schedules
AGREEMENTs where appropriate, shall provide that
CONSULTANT document the results of the work to the
satisfaction of CITY, and if applicable, the State and FHWA. This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the AGREEMENT objectives.

ARTICLE IV – PERFORMANCE PERIOD

State the time period stated in the Grant Program language. ALL services must be completed by March 2024, to receive funding from the California Transportation Commission.

ARTICLE V – ALLOWABLE COSTS AND PAYMENTS

A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee. CITY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds CITY’s approved overhead rate set forth in the Cost Proposal. In the event, that CITY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by CITY shall be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by AGREEMENT amendment.

B. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific AGREEMENT. CONSULTANT’s agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or AGREEMENT award.

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C. In addition to the allowable incurred costs, CITY will pay CONSULTANT a fixed fee of $(AMOUNT). The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment.

D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.

E. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.

F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT’s fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, CITY shall have the right to delay payment or terminate this AGREEMENT.

G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.

H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by CITY’s Contract Administrator of itemized invoices in duplicate.

Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due CITY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to CITY’s Contract Administrator at the following address: Public Works Engineering ℅ Debbie O’Leary 305 West Third Street, Oxnard California 93030
[email protected]

I. The total amount payable by CITY including the fixed fee shall not exceed $772,053.47.

J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.

ARTICLE VI – TERMINATION
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See Section 15 of the Agreement.

ARTICLE VII - COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS

A. The CONSULTANT agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the CONSULTANT to CITY.

D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

ARTICLE VIII RETENTION OF RECORD/AUDITS

For the purpose of determining compliance with Government Code § 8546.7, the CONSULTANT, Subconsultants, and CITY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT. CITY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

ARTICLE IX AUDIT REVIEW PROCEDURES

A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by CITY’S Chief Financial Officer.

B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by CITY’S Chief Financial Officer of unresolved Agreement No. 32400346

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audit issues. The request for review will be submitted in writing.

C. Neither the pendency of a dispute nor its consideration by CITY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.

D. CONSULTANT and subconsultant Agreements, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, CITY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by CITY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by CITY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, CITY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the CITY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, CITY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI.

Accepted rates will be as follows:

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a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate.

b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate.
c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.

2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter.

IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.

3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.

4. CONSULTANT may submit to CITY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of CITY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO CITY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between CITY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.

ARTICLE X – SUBCONTRACTING

A. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.

D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the CITY.

E. Any substitution of Subconsultants must be approved in writing by the CITY Contract Administrator in advance of assigning work to a substitute Subconsultant.

F. Prompt Progress Payment
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CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.

G. Prompt Payment of Withheld Funds to Subconsultants

The CITY may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the CITY, of the contract work, and pay retainage to CONSULTANT based on these acceptances.

The CITY shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by CONSULTANT or subconsultant to a subconsultant.

☐ Method 1: No retainage will be held by the CITY from progress payments due to CONSULTANT. CONSULTANTS and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the CITY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant.

This clause applies to both DBE and non-DBE subconsultants.

X Method 2: No retainage will be held by the CITY from progress payments due to CONSULTANT. Any retainage kept by CONSULTANT or by a subconsultant must be paid in full to the earning subconsultant within 15 days after the subconsultant’s work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the CITY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any Agreement No. 32400346

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contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.

☐ Method 3: The CITY shall hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the CITY of the contract work and pay retainage to CONSULTANT based on these acceptances.

CONSULTANT or subconsultant shall return all monies withheld in retention from all subconsultants within 15 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the CITY. Any delay or postponement of payment may take place only for good cause and with the CITY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT; deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.

Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions and other remedies specified therein.

These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subcontract performance, or noncompliance by a subconsultant.

ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES

A. Prior authorization in writing by CITY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services.

CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.

B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by CITY’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.

C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:

1. CONSULTANT shall maintain an inventory of all nonexpendable property.

Nonexpendable property is defined as having a useful life of at least two years and an Agreement No. 32400346

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acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, CITY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit CITY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established CITY procedures; and credit CITY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by CITY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by CITY.

2. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.

ARTICLE XII – STATE PREVAILING WAGE RATES

A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.

B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code
requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at CITY construction sites, at CITY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve CITY projects. Prevailing wage requirements do not apply to inspection work p erformed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.

C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.

D. Payroll Records

1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

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a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.

2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by CITY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request.
b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.

c. The public shall not be given access to certified payroll records by the CONSULTANT.

The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request.

3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.

4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by CITY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.

5. The CONSULTANT shall inform CITY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days , provide a notice of a change of location and address.

6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to CITY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by CITY from payments then due.

CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.

E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance Agreement No. 32400346

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with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the CITY Contract Administrator.

F. Penalty

1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the CITY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.

2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.

3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.

4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project.
d. Prior to making final payment to the Subconsultant for work performed on the public Agreement No. 32400346

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works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.

5. Pursuant to Labor Code §1775, CITY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.

6. If CITY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if CITY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by CITY.

G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the CITY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.

H. Employment of Apprentices

1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.

2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at
https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work.

The CONSULTANT is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code §1777.7.

ARTICL
E XIII – CONFLICT OF INTEREST

A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with CITY that may have an impact upon the outcome of this AGREEMENT or any ensuing CITY construction project. The CONSULTANT shall also list Agreement No. 32400346

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current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing CITY construction project which will follow.

B. CONSULTANT certifies that it has disclosed to CITY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise CITY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either CITY ordinance or State law.

C. The CONSULTANT hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.

D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.

ARTICLE XIV – REBATES, KICKBACK, OR OTHER UNLAWFUL CONSIDERATION

The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any CITY employee.

For breach or violation of this warranty, CITY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

ARTICLE XV – PROHIBITION OF EXPENDING CITY, STATE, OR FEDERAL FUNDS FOR

LOBBYING

A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:

1. No State, Federal, or CITY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any pers
on for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its Agreement No. 32400346

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instructions.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

ARTICLE XVI – NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE

A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov.

Code §12990 and 2 CCR § 8103.

B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135- 11139.5, and the regulations or standards adopted by CITY to implement such article.

The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this clause.

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E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.

G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.).

Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally- assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.

I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the CITY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

ARTICLE XVII – DEBARMENT AND SUSPENSION CERTIFICATION

A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not b
een suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

3. Does not have a proposed debarment pending; and

4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

B. Any exceptions to this certification must be disclosed to CITY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in Agreement No. 32400346

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determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

C. Exceptions to the Federal Government excluded parties ( htt ps://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA. ☐ ARTICLE XVIII – DISADVANTAGED BUSINESS ENTERPRISE (DBE) PARTICIPATION

A. CONSULTANT, subrecipient (CITY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, The CITY shows a c ontract goal for DBEs. CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.

CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal. It is CONSULTANT’s responsibility to verify that the DBE firm is certified as DBE at date of proposal opening and document the record by printing out the California Unified Certification Program (CUCP) data for each DBE firm. A list of DBEs certified by the CUCP can be found here.

All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts towards the goal in the following manner:
● 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. ● 60 percent counts if the materials or supplies are purchased from a DBE regular dealer.
● Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49CFR26.55 defines "manufacturer" and "regular dealer."

This AGREEMENT is subject to 49 CFR Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”.

Consultants who enter into a federally-funded agreement will assist the CITY in a good faith effort to achieve California's statewide overall DBE goal.

B. The goal for DBE participation for this AGREEMENT is 0%. Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10- O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. CON
SULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to Agreement No. 32400346

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meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: DBE Information – Good Faith Efforts to document efforts to meet the goal.

Refer to 49 CFR Part 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.

D. Contract Assurance
Under 49 CFR 26.13(b):

CONSULTANT, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.

Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:

(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or,
(4) Disqualifying CONSULTANT from future proposing as non-responsible

E. Termination and Substitution of DBE Subconsultants
CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the CITY’s written consent. CONSULTANT shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the CITY. Unless the CITY’s consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02 Consultant Contract DBE Commitment form, included in the Bid.

The CITY authorizes a request to use other forces or sources of materials if CONSULTANT shows any of the following justifications:

1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.

2. The CITY stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the CITY’s bond requirements.

3. Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law.

4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing Agreement No. 32400346

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or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).

5. Listed DBE's work is unsatisfactory and not in compliance with the contract.

6. Listed DBE is ineligible to work on the project because of suspension or debarment.

7. Listed DBE becomes bankrupt or insolvent.

8. Listed DBE voluntarily withdraws with written notice from the Contract

9. Listed DBE is ineligible to receive credit for the type of work required.

10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.

11. The CITY determines other documented good cause.

CONSULTANT shall notify the original DBE of the intent to use other forces or material sources and provide the reasons and provide the DBE with 5 days to respond to the notice and advise CONSULTANT and the CITY of the reasons why the use of other forces or sources of materials should not occur.

CONSULTANT’s request to use other forces or material sources must include:

1. One or more of the reasons listed in the preceding paragraph.

2. Notices from CONSULTANT to the DBE regarding the request.

3. Notices from the DBEs to CONSULTANT regarding the request.

If a listed DBE is terminated or substituted, CONSULTANT must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal.

F. Commitment and Utilization
The CITY’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.

The CITY shall request CONSULTANT to:

1. Notify the CITY’s contract administrator or designated representative of any changes to its anticipated DBE participation

2. Provide th
is notification before starting the affected work

3. Maintain records including:
● Name and business address of each 1st-tier subconsultant ● Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
● Date of payment and total amount paid to each business (see Exhibit 9-F Monthly Disadvantaged Business Enterprise Payment)
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If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work.

If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify CONSULTANT in writing of the certification date.

CONSULTANT shall submit the notifications to the CITY. On work completion, CONSULTANT shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and submit the form to the CITY within 30 days of contract acceptance.

Upon work completion, CONSULTANT shall complete Exhibit 17-F Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the CITY within 90 days of contract acceptance. The CITY will withhold $10,000 until the form is submitted. The CITY will release the withhold upon submission of the completed form.

In the CITY’s reports of DBE participation to Caltrans, the CITY must display both commitments and attainments.

G. A DBE is only eligible to be counted toward the AGREEMENT goal if it performs a commercially useful function (CUF) on the AGREEMENT. CUF must be evaluated on an agreement by agreement basis. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the AGREEMENT is commensurate with the work it is actually performing, and other relevant factors.

H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, AGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.

I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work of the AGREEMENT than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.

J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each
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DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

K. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to CITY’s Contract Administrator within thirty (30) calendar days.

L. After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10
th of the following month, the prime contractor/consultant shall complete and email the Exhibit 9- F: Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to the Agency.

M. Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section.

ARTICLE XIX – INSURANCE

See Section 26 of the Agreement.

ARTICLE XX – FUNDING REQUIREMENTS

A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.

B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to CITY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or CITY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.

D. CITY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.

ARTICLE XXI – CHANGE IN TERMS
See Section 14 of the Agreement.

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ARTICLE XXII – CONTINGENCY FEE

CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, CITY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

ARTICLE XXIII - DISPUTES

See Sections 32 and 33 of the Agreement.

ARTICLE XXIV - INSPECTION OF WORK

CONSULTANT and any subconsultant shall permit CITY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.

ARTICLE XXV – SAFETY

A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by CITY Safety Officer and other CITY representatives.

CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.

B. Pursuant to the authority contained in Vehicle Code §591, CITY has determined that such areas are within the limits of the project and are open to public traffic.

CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

C. CONSULTANT must have a Division of Occupational Safety and Health (CAL- OSHA) permit(s), as outlined in Labor Code §6500 and §6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper.

ARTICLE XXVI - OWNERSHIP OF DATA

A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of City, and CONSULTANT shall have no property right therein whatsoever. Immediately upon termination, City shall be entitled to, and CONSULTANT Agreement No. 32400346

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shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to City which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by City.

B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.

C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract. Any reuse by City for another project or project location shall be at City’s sole risk.

D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal aid contracts).

E. CITY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

ARTICLE XXVII – CLAIMS FILED BY CITY’S CONSTRUCTION CONTRACTOR Not Applicable to this Professional Service Agreement
ARTICLE XXVIII – CONFIDENTIALITY OF DATA

A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY’s operations, which are designated confidential by CITY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.

B. Permission to disclose information on one occasion, or public hearing held by CITY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.

C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or CITY’s actions on the same, except to CITY’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in Agreement No. 32400346

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response to questions from a Legislative committee.

D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by CITY, and receipt of CITY’S written permission.

E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.

F. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than CITY, Caltrans, and/or FHWA. All of the materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, City has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, City’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.

G. This Article’s requirements are in addition to those stated in Section 19.5 and 19.6 of the Agreement. In the event of a conflict this Article controls.

ARTICLE XXIX – NATIONAL LABOR RELATIONS BOARD CERTIFICATION

In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.

ARTICLE XXX - EVALUATION OF CONSULTANT

CONSULTANT’s performance will be evaluated by CITY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.

ARTICLE XXXI - PROMPT PAYMENT FROM THE CITY TO CONSULTANT

The CITY shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the CITY fails to pay promptly, the CITY shall pay interest to the contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied.

Upon receipt of a
payment request, the CITY shall act in accordance with both of the following:

1. Each payment request shall be reviewed by the CITY as soon as practicable after receipt for the purpose of determining that the payment request is a proper payment request.

2. Any payment request determined not to be a proper payment request suitable for Agreement No. 32400346

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payment shall be returned to CONSULTANT as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.

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EXHIBIT F

CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Huitt-Zollars, 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 CONSULTANT/Professional services contracts and all unique trade services contracts governed by the Living Wage Policy.

A. CONSULTANT shall compensate any employee of CONSULTANT 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, CONSULTANT shall pay such employee no less than $18.22 per hour for each hour that such employee provides services under this Agreement. In addition, while this Agreement is in effect, CONSULTANT shall provide to such employee no less than 96 hours of paid leave per calendar year.

B. CONSULTANT 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 City Council on July 9, 2002 and effective October 1, 2002.

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

D. In addition, if CONSULTANT fails to comply with the Living Wage Policy in any manner, CONSULTANT 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. CONSULTANT shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to CONSULTANT of the amount owed.

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CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2022

CONSULTANT shall compensate any employee of CONSULTANT 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, CONSULTANT shall pay such employee no less than $18.22 per hour for each hour that such employee provides services under this Agreement. This hourly rate shall be adjusted on July 1, 2023, 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, CONSULTANT shall provide to such employee no less than 96 hours of paid leave per calendar year.

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

c. In addition, if CONSULTANT fails to comply with the Living Wage Policy in any manner, CONSULTANT 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. CONSULTANT shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to CONSULTANT of the amount owed.

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EXHIBIT G

CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Huitt-Zollars, Inc.)

PREVAILING WAGE

1. CONSULTANT acknowledges that the Project defined in the Agreement between CONSULTANT 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. CONSULTANT shall perform the Project as a public work. CONSULTANT 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. CONSULTANT acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and CONSULTANT shall post such rates at each job site covered by this Agreement.

3. CONSULTANT is required to post job site notices, as prescribed by regulation.

See Labor Code Section 1771.4(a)(2).

4. CONSULTANT 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. CONSULTANT 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 CONSULTANT or any subcontractor. The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.

5. CONSULTANT shall comply with Labor Code Section 1776, which requires CONSULTANT 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. CONSULTANT shall comply with La bor 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, C ONSULTANT shall provide CITY with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding the Project, CONSULTANT and each of its subcontractors shall submit to CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.

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7. CONSULTANT 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, CONSULTANT must immediately notify CITY.

8. CONSULTANT 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 current ly registered and qualified to perform public work pursuant to Labor Code Section 1725.5. CONSULTANT 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. CONSULTANT acknowledges that 8 hours labor constitutes a legal day’s work.

CONSULTANT shall comply with and be bound by Labor Code Section 1810.

10. CONSULTANT shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours. CONSULTANT shall, as a penalty to CITY, forfeit $25 for each worker employed in the performance of this Agreement by CONSULTANT 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 CONSULTANT’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. CONSULTANT 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. CONSULTANT 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. CONSULTANT 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 wages, CONSULTANT shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent, CONSULTANT 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 Agreement No. 32400346

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or omissions listed above by any person or entity (including CONSULTANT, 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 CONSULTANT under this Section shall survive Agreement termination.

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CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.6

DATE: February 6, 2024

TO: City Council

FROM: Stephen Fischer, City Attorney, (805) 385-7483, [email protected]

SUBJECT: Adoption of No-Fault Just Cause Eviction Ordinance.

RECOMMENDATION

That the City Council adopt Ordinance No. 3042 titled:

“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD AMENDING SECTION 27-4 OF THE

OXNARD CITY CODE REGARDING NO-FAULT JUST CAUSE EVICTIONS OCCURRING AS THE RESULT OF A DEMOLITION OR SUBSTANTIAL REMODEL."

BACKGROUND

Ordinance No. 3042 amends Section 27-4 of the Oxnard City Code regarding no-fault just cause evictions occurring as the result of a demolition or substantial remodel.

If adopted, the Ordinance would provide additional tenant protections by requiring a written notice terminating a tenancy for just cause pursuant to OCC Section 27-4(D) to include all the following information:

1. A statement informing the tenant of the owner’s intent to demolish the property or substantially remodel the rental unit property.

2. The following statement:
“If the substantial remodel of your unit or demolition of the property as described in this notice of termination is not commenced or completed, the owner must offer you the opportunity to re-rent your unit with a rental agreement containing the same terms as your most recent rental agreement with the owner at the rental rate that was in effect at the time you vacated. You must notify the owner within thirty (30) days of receipt of the offer to re-rent of your acceptance or rejection of the offer, and, if accepted, you must reoccupy the unit within thirty (30) days of notifying the owner of your acceptance of the offer.”

3. A description of the substantial remodel to be completed, the approximate expected duration of the substantial remodel, or if the property is to be demolished, the expected date by which the property will be demolished, together with one of the following:
(i.) A copy of the issued permit or permits required to undertake the substantial remodel or demolition. (ii.) If the remodel does not require any permit, a copy of the signed contract with the contractor hired by the owner to complete the substantial remodel, that reasonably details the work that will be undertaken to abate the hazardous materials at issue.

4. A notification that if the tenant is interested in reoccupying the rental unit following the substantial remodel, the tenant shall inform the owner of the tenant’s interest in reoccupying the rental unit following the substantial remodel and provide to the owner the tenant’s address, telephone number, and email address.

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Ordinance No. 3042 was introduced by title only, with further reading waived, at a Special City Council meeting on January 25, 2024. If adopted, the Ordinance would become effective 30 days after the date of adoption.

STRATEGIC PRIORITIES

This agenda item supports the Quality of Life strategy. The purpose of the Quality of Life strategy is to restore and increase quality services and programs that enrich Oxnard's diverse community, promotes safe neighborhoods, encourages community engagement, and supports our residents in their efforts to improve their quality of life.

FINANCIAL IMPACT

There is no financial impact.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Jason Zaragoza, Deputy City Attorney

ATTACHMENTS

1. No Fault Just Cause Eviction Ordinance

266
1 CITY COUNCIL OF THE CITY OF OXNARD
ORDINANCE NO. 3042

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD AMENDING SECTION 27-4 OF THE OXNARD CITY CODE REGARDING NO-FAULT JUST

CAUSE EVICTIONS OCCURRING AS THE RESULT OF A DEMOLITION OR

SUBSTANTIAL REMODEL
WHEREAS, effective January 1, 2020, the Tenant Protection Act of 2019, Assembly Bill 1482 (“AB 1482”) added Sections 1946.2, 1947.12, and 1947.13 to the California Civil Code; and
WHEREAS, subject to certain exceptions, AB 1482 prohibits an “owner” (as defined) of “residential real property” (as defined) from terminating a tenancy without “just cause” (as defined); and
WHEREAS, AB 1482’s just cause eviction provisions expressly permit an owner to evict a tenant to “substantially remodel” the rental unit (Civ. Code §1946.2(b)(2)(D)(i)); and WHEREAS, the Oxnard City Council adopted Ordinance 3012 on May 3, 2022, which among other things, codified AB 1482’s definition of “substantially remodel” at Oxnard City Code Section 27-4(D); and
WHEREAS, loopholes in AB 1482 have led to widespread abuses that leave many covered renters vulnerable to displacement or eviction in instances where an owner terminates a tenancy under the guise of substantially remodeling a unit when the owner has no intent to actually perform the substantial remodel; and
WHEREAS, the Oxnard City Council desires to update the City’s no-fault just cause eviction regulations to close these loopholes, and provide more protective just cause regulations than AB 1482.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF OXNARD DOES ORDAIN AS FOLLOWS:

PART 1. ENVIRONMENTAL REVIEW
The City Council finds and determines that the adoption of this Ordinance is not subject to the California Environmental Quality Act (CEQA) under State CEQA Guidelines Section 15060(c)(2) in that the adoption of this Ordinance will not result in a direct or reasonably 267
2 foreseeable indirect physical change in the environment, and is further and independently exempt from the California Environmental Quality Act under State CEQA Guidelines Section 15061(b)(3) in that it can be seen with certainty there is no possibility the adoption of this Ordinance will have a significant effect on the environment.

PART 2. CODE AMENDMENT
CHAPTER 27, ARTICLE I, SECTION 27-4 (D) of the Oxnard City Code is hereby amended to read as follows:
“(D) Intent to demolish or to substantially remodel the residential real property. For purposes of this section, “substantially remodel” means the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency, or the abatement of hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable federal, State, and local laws, that cannot be reasonably accomplished in a safe manner with the tenant in place and that requires the tenant to vacate the residential real property for at least 30 days. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the residential real property vacated, do not qualify as a substantial remodel.

A tenant is not required to vacate the residential real property on any days where a tenant could continue living in the residential real property without the violation of health, safety, and habitability legal requirements.
(1) A written notice terminating a tenancy for a just cause pursuant to this Section 27- 4(D) shall include all of the following information:
(a) A statement informing the tenant of the owner’s intent to demolish the property or substantially remodel the rental unit property. (b) The following statement:
“If the substantial remodel of your unit or demolition of the property as described in this notice of termination is not commenced or completed, the owner must offer you the opportunity to re-rent your unit with a rental agreement containing the same terms as your most recent rental agreement with the owner at the rental rate that was in effect at the time you vacated. You must notify the owner within thirty (30) days of receipt of the offer to re-rent of your acceptance or rejection of the offer, and, if accepted, you must reoccupy the unit within thirty (30) days of notifying the owner of your acceptance of the offer.”
(c) A description of the substantial remodel to be completed, the approximate expected duration of the substantial remodel, or if the property is to be demolished, the 268
3 expected date by which the property will be demolished, together with one of the following:
(i.) A copy of the issued permit or permits required to undertake the substantial remodel or demolition.
(ii.) If the remodel does not require any permit, a copy of the signed contract with the contractor hired by the owner to complete the substantial remodel, that reasonably details the work that will be undertaken to abate the hazardous materials. (d) A notification that if the tenant is interested in reoccupying the rental unit following the substantial remodel, the tenant shall inform the owner of the tenant’s interest in reoccupying the rental unit following the substantial remodel and provide to the owner the tenant’s address, telephone number, and email address. (2) The owner shall provide 60 days advance written notice to the tenant of the ability to reoccupy the unit upon completion of the repairs, or if requested by the tenant, the right of first refusal to any comparable vacant rental unit which has been offered at comparable rent owned by the owner; and
(3) In the event the owner seeks to rent the remodeled unit within six months following the completion of the remodeling work, the evicted tenant shall have the right of first refusal to reoccupy and rent the unit, unless the owner provides a written waiver by the tenant of their right to reoccupy the premises pursuant to this subsection. (4) An owner’s failure to strictly comply with this section shall render a notice of termination of a tenancy void and shall be an affirmative defense to an unlawful detainer action.”
Part 3. SEVERABILITY
If any section, subsection, subdivision, paragraph, sentence, clause or phrase, or portion of this Ordinance is, for any reason, held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. To this end, the provisions of this Ordinance are declared to be severable.

Part 4. Pursuant to Cal. Gov. Code Section 36933(c)(1), the City Attorney was designated to prepare, and the City Clerk published, a summary of this ordinance, and a certified copy of the 269
4 ordinance was posted in the Office of the City Clerk a minimum of five days before the City Council’s adoption of the ordinance.

Part 5. The City Clerk shall certify as to the adoption of this ordinance and shall cause the summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36933. Ordinance No. ___ was first read on January 25, 2024, and finally adopted on February 6, 2024 to become effective thirty days thereafter.

AYES:

NOES:

ABSENT:

ABSTAIN:

John C. Zaragoza, Mayor
ATTEST:

Rose Chaparro, City Clerk
APPROVED AS TO FORM:

Stephen M. Fischer, City Attorney
270

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. L.1

DATE: February 6, 2024

TO: City Council

FROM: Phillip Molina, City Treasurer, (805) 385-7808, [email protected]

SUBJECT: City Treasurer’s Quarterly Investment Report for the Period Ending December 29, 2023. (10 minutes)

RECOMMENDATION

That the City Council receive and file the report.

(This item did not originate in Committee.)

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

BACKGROUND

The City of Oxnard’s December 2023 investment report will be brief during this reporting period and is required to be submitted to the City Clerk and the City Council as prescribed in California Government Code 53646 and the Investment Policy adopted by the City Council.

But first, I wish to give a special thanks to the city staff without whose assistance this report could not be generated. This report does not show the fund balances, nor disbursements, nor total receipts of the City of Oxnard, because the Oxnard Municipal Code identifies the Oxnard Finance Department is charged with producing that information. This report does reflect the monthly investment information in a similar format that has been presented in previous months, along with the amounts in the Bank's statements as of December 29, 2023. The following data is included in this report.

For the month of October, the investment portfolio earned an estimated $950,447.29 including LAIF and the Ventura County Investment Pool, and the efficiency rating increased to 97%, with estimated annual earnings up to $11,436,967.50.

Not in this sequence, it is our intention to show the public, the Mayor, and City Council the amounts in each city bank account so that you can see the percentage of available cash to the amount actually invested. You will notice the large buildup of cash in the bank account for the city’s general business. This is the result of the anticipated Federal payments, and it is the intent of the Treasurer to greatly increase the amount of cash invested so that once again it exceeds 90%. For the month of December, we were at 97% efficiency and have exceeded our goal.

Next, we will show you in a bar chart the amounts invested separated by their maturity date or year. This will allow you to see the ladder or spread of the investments in order to generate a higher return. Third, we explain the cash flows over the last 15 months, so you can judge the management of the cash and determine whether there are periods during the year when more money is available for a short period, overnight investments versus 2-, 3-, 4-, or 5-year maturities. Fourth, we will show you the daily cash position for December 29, 2023, so that you can see how the Treasurer’s department reviews our cash balances every day to assure that the city has enough liquidity to cover its obligations.

And next, we make available the detailed list of every investment that the city currently holds as of the last day of 271
December 29, 2023, upon request.

This information is being provided to you using both charts and graphs. The charts are presented so that the Mayor, Council, and the public can begin to see the actual amounts in the city’s bank accounts at Bank of America. The graphs are created in order to show trends, and relationships that are best understood in that method of presentation. So, while this report is brief in the number of pages, we hope to respond to your questions.

STRATEGIC PRIORITIES

This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.

FINANCIAL IMPACT

The City’s total amount invested as of December 29, 2023, purchased at a tax cost of $437,262,586.30, with a PAR value of $437,350,000. Because the upward movement in the GSE market interest rates produces greater earnings, it also results in an estimated net market loss if we had to sell the older lower yielding instruments on the market today.

USBank’s tax costs and PAR/Face Value

In a market (the city’s policy requires a risk free rate of return) of fixed interest rates, any instrument purchased today will decrease in value as the interest rates increase and vice versa. However, with a passive portfolio, one where we intend to hold each instrument until it matures, we can expect to receive the PAR or Face value when we sell back each individual GSE (government sponsored enterprise bond) or CD, so that there would be no market loss.

Cash balances on the last day of December 2023 in each authorized city bank account with Bank of America totaled $18,283,477.00 in the three Bank of America active accounts.

(Per Bank Statements as of December 29, 2023)

The investments have a par value of $ 437,350,000 and an estimated market value of $422,010,274.55. Some were purchased months or years earlier and during the period of forced low GSE interest rates set by the former President. To provide greater return we can try to reduce the amount invested with LAIF and spread that over the 2,3,4, and 5- year terms. Recently, LAIF was generating an average return that is now moving upward with the City’s average portfolio return. LAIF’s December average apportionment rate was3.12%, which is less than the current GSE (government sponsored enterprise) rates. Reducing the amount in LAIF would produce greater returns, however, doing so would also reduce the liquidity of the portfolio.

Estimated market value is based on price paid

The largest portfolio’s average current earning has a yield on a 365-day basis, up from last month to 2.4% year to date.

Based on the face value of the investments, using the average portfolio yield for estimating the amount of interest earnings for the month of December produced an estimated annual interest earnings of $11,436,967.50:

272

Estimated annual and monthly earnings

Now, when we look back at the monthly cash flows of recent years, we find that the month with the highest cash outflow was a one-month outflow of $48 million. And the fact that we have $75 million invested in LAIF and $31 million in the Ventura County Investment Pool, which can be drawn down within one day, means there should be no normal condition that would require the Treasurer to sell investments before their maturity. Before we reveal the details, we want to know the level of efficiency in our investment team. But first we look to see how much cash is available, how much cash is invested to determine the efficiency of the team. The goal is to invest 100% of the available cash, and we know that for normal/average operations we should retain a daily balance of $3-5 million in the bank accounts. For the month of December, our efficiency rating was 97%.

Efficiency Rating

The daily cash report for the last working day in December shows sufficient available cash to satisfy the city’s booked short-term obligation.

Daily cash report prepared by Eden Alomeri and Martha Guerra:
273

The bar chart below, shows the maturities of City’s investment portfolio and reflects the fact that as our older instruments are being-called early, we find the need to acquire shorter-term notes as long as we can assure a rate of .79 % or higher, as explained above.

Details of investments are available upon request.

COMMITTEE OUTCOME
274

This item did not originate in Committee.

Prepared by: Phillip Molina, City Treasurer

ATTACHMENTS

1. City of Oxnard Dec 2023 report (1)

275
City of Oxnard
Second Quarter 2023-2024 Investment Report
December 29, 2023
Prepared by Phillip Molina
Oxnard Elected City Treasurer
276
277
278
Our goal is to invest 100% of
all available cash while
keeping sufficient currency
to sustain normal operations.

In December we achieved a
target of 97%
279
280
281
282
283

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. L.2

DATE: February 6, 2024

TO: City Council

FROM: Javier Chagoyen-Lazaro, Chief Financial Officer, (805) 200-5400, [email protected]

SUBJECT: FY 2023-24 Budget Mid-Year Review. (20 minutes)

RECOMMENDATION

That the City Council:

1. Receive an update on the FY 2023-24 revenue and expenditure projections for major funds,

2. Approve budget amendments within the Golf, Development Impact Fees, Contributions Trust and Facilities Maintenance, and related Funds as explained in this report.

Resolution. (This item did not originate in a committee.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/uhNQBCt2O6s

BACKGROUND

The purpose of this report is to provide a financial update for FY 2023-24. Projections for revenue and expenditures for major funds are based on four months of actuals and eight months of estimates. Capital Improvement Projects (CIP) projections assume that projects will be completed in FY 2023-24. At the end of the fiscal year, those projects that were not completed will be evaluated to determine if the unspent appropriation is carried over to FY 2024-25.

MID YEAR PROJECTION

General Fund (101)

Revenues: Fiscal Year (FY) 2023-24 General Fund revenues are projected at $234.9 million, up $9.7 million from the adopted budget of $224.0 million plus $1.3 million budget amendments approved by Council. The increase primarily results from a $6.5 million higher Bradley Burns sales tax revenues and higher property taxes in the amount of $1.1 million. Sales and use tax revenue projections were created in consultation with the City’s sales tax consultants, who noted that data shows the local economy is generally flat in terms of sales tax activity, as seen in the reduction in Measure E tax forecast of $0.3 million. Higher interest rates are projected to yield an additional $1.6 million in interest earned.

Other General Fund revenues are anticipated to end the year a combined $0.5 million above budget.

Expenditures: FY 2023-24 General Fund expenditures are projected at $243.9 million, $1.5 million dollars below the adopted budget of $225.0 million plus $20.3 million in carryovers and other amendments adopted by City Council. The decrease in estimated expenditures primarily results from anticipated net personnel savings due to unfilled positions. The citywide vacancy rate in December 2023 was 12.5%, an improvement from 13.8% a year ago, but still reflecting the challenges of recruiting and retaining talent to fill positions across the City. Departments with higher vacancy rates, around 20%, include the Public Works Administration, Housing and Community Development. The savings from 284
unfilled positions are partially offset by higher than budgeted overtime in the Police and Fire Departments required to maintain services to the community.

Fund Balance: The City’s mid-year projections for General Fund revenues ($234.9 million) and expenditures ($243.9 million) would generate a FY 2023-24 net operating deficit of $8.9 million, resulting in a projected ending unrestricted fund balance of $35.5 million, in excess of the current reserve policy target of 13% of operating budget. (Note, $7.7 million of this deficit is the final Infrastructure Use Fee payments due to Utility Funds.)

For additional details, refer to the General Fund table in the attached PowerPoint presentation (slides 3&4)

Measure O (Half-Cent Sales Tax - Fund 104)

Revenues: FY 2023-24 Measure O Fund revenues are now projected at $21.3 million, down $0.1 million from the adopted budget of $21.4 million, in line with projections provided by the City’s sales tax consultants.

Expenditures: FY 2023-24 Measure O Fund expenditures are now projected at $29.3 million, about $0.4 million lower than the adopted budget of $24.3 million plus carryovers for approved projects in amount of $5.4 million.

Fund Balance: Updated projections for Measure O Fund revenues ($21.3 million), expenditures ($29.3 million) would generate an annual deficit of $7.9 million resulting in a projected ending unassigned fund balance at June 30, 2024, of $14.9 million.

For additional detail, refer to the Measure O Fund table in the attached PowerPoint presentation (slide 6).

Water Funds (601 & related)

Revenues: FY 2023-24 Water Fund revenues are now projected at $70.0 million, down $2.2 million from the adopted budget of $69.9 million plus $2.2 million in additional amended revenues. Commercial water revenues, which are projected to end the year below the revised budget, account for the majority of the projected variance, and are offset by the positive impact of the new water rates that have been in effect since July 1, 2023.

Expenditures: FY 2023-24 Water Funds expenditures are now projected at $110.7 million, lower by $3.4 million compared to the adopted budget of $69.9 million plus $44.2 million in project carryovers and budget amendments approved by City Council. Salary and benefit savings projected at $1.8 million, and reduced water purchases in the amount of $2.0 million are the main drivers of this variance.

Fund Balance: The FY 2023-24 projections explained above for Water Fund revenues ($70.0 million) and expenditures ($110.7 million) would generate an annual deficit of $39.8 million as of June 30, 2024, resulting in a projected unassigned fund balance of negative $1.0 million, which would be funded from operating reserve, reducing the reserves below the policy target of 25% of operating budget. The incremental increases and allowable pass-through increases remaining over the next four years of the approved 5-year rate increase are expected to address the reserve policy target. The projected unassigned fund balance assumes the full execution in FY 2023-24 of $84.5 million of capital projects in the Water Fund.

For additional detail, refer to the Water Funds table in the attached PowerPoint presentation (slide 7).

Wastewater Funds (611 & related)

Revenues: FY 2023-24 Wastewater Fund revenues are now projected at $115.8 million, $1.2 million higher than the adopted budget of $50.4 million plus $64.2 million in amended revenues. Debt proceeds for existing approved indebtedness to fund large capital projects, like the Oxnard Water Treatment Plant Rehabilitation (C2201 $58.2 million), explain part of this variance, along with higher fees and charges for services ($0.3 million) and higher than anticipated interest income for the year.

Expenditures: FY 2023-24 Wastewater Fund expenditures are now projected at $139.2 million, lower by $4.8 million from the adopted budget of $41.5 million plus $102.5 million of project carryovers and budget amendments approved by 285
City Council. Savings in salary and benefits of $1.7 million due to vacancies, and lower professional services for urgent repair work by $2.6 million explain the variance in this fund.

Fund Balance: The FY 2023-24 projections explained above for Wastewater Fund revenues ($115.8 million) and expenditures ($139.2 million) would result in net annual activity of a negative $23.4 million, resulting in a projected unassigned fund balance of $36.6 million, in excess of the reserve target of 25% of operating budget.

For additional detail, refer to the Wastewater Funds table in the attached PowerPoint presentation (slide 8).

Environmental Resources Funds (631 & related)

Revenues: FY 2023-24 Environmental Resources Fund revenues are projected at $49.0 million, down $0.2 million from the adopted budget of $49.2 million. Fees for services are projected just below budget by $0.4 million, and are compensated by higher than anticipated interest revenue.

Expenditures: FY 2023-24 Environmental Resources Fund expenditures are projected at $63.1 million, down $0.1 million from the adopted budget of $58.1 million plus $5.1 million of project carryovers and budget amendments approved by City Council. Expenses are in line with expectations across all major categories.

Fund Balance: The FY 2023-24 projections explained above for Environmental Resources Fund revenues ($49.0 million) and expenditures ($63.1 million) would generate a net annual activity of a negative $14.1 million, resulting in a projected unassigned fund balance of negative $8.9 million, below the Council reserve target of 25% of operating budget. The projected unassigned fund balance assumes the full execution in FY 2023-24 of $9.2 million of capital projects in the Environmental Resources Fund. Staff will be returning to Council this spring to discuss ER rates to address not just this deficit but the long-term financial stability of this fund.

For additional detail, refer to the Environmental Resources Funds table in the attached PowerPoint presentation (slide 9).

Golf Course Fund (651)

Revenues: FY 2023-24 Golf Fund revenues are projected at $7.4 million, up $1.0 million from the revised budget of $6.4 million. Fees for services explain $0.9 million of the increase, and interest revenue is projected to be $0.1 million higher than budget. Continued strong demand for golf is fueling the increases in revenue.

Expenditures: FY 2023-24 Golf Fund expenditures are projected at $7.9 million, up $0.9 million from the revised budget total of $6.9 million. Expenses are projected to be higher due to the increased level of play at the course, driving professional service contractual payments for the golf course operator, as well as the increase of some variable costs related to the sale of merchandise.

Fund Balance: The FY 2023-24 projections for the Golf Fund include revenues of $7.4 million and expenditures of $7.9 million that would result in net annual activity of a negative $0.4 million. The net annual activity projection is the result of carryover budget in the amount of $0.6 million. This would result in a projected unassigned fund balance of $3.5 million, which is in excess of the Council reserve target of 25% of the operating budget.

For additional details, refer to the Golf Funds table in the attached PowerPoint presentation (slide 10).

RECOMMENDED MID-YEAR BUDGET AMENDMENTS

Golf Course Operating Fund (651)
Staff recommends a $931,399 revenue and expenditure appropriation budget amendment, for a no net change in fund balance. Staff is requesting a $931,399 appropriation, with corresponding revenue, in order to pay increased expenses (e.g., maintenance and merchandise costs) anticipated due to higher demand for golf than was budgeted as discussed above. This amendment has no impact on the projected budgetary fund balance, as revenue and expenses net to zero.

Contributions Trust Fund (571)
Staff recommends $644,205 expenditure appropriations and $44,814 in revenue, for net $599,391 use of available fund 286
balance. This fund is used to receive and hold donations and other monies on the balance sheet in deposit until such time that they are used for their intended specific purposes or returned to the originators. The City received more such donations and fees than anticipated this fiscal year. When the City expends these funds on eligible items (as determined by the donor or fee type), it requires appropriations to do so. Establishing appropriations as part of the mid-year process will enable the City to implement budgetary controls. This will provide real-time budget information to all users, increase efficiency and transparency, and enhance budgetary controls within this fund, in line with all other City funds. Items held in the fund include business license fees for development, private donations, Arctic Cold Fire donations, library fundraising moneys, Multicultural Festival funds, witness fees, and donations for youth programs.

Development Impact Fees Fund (350)
Staff recommends transfer of $2,503,555 from Capital Growth Fees – Non-Residential (sub fund 8060) to Capital Growth Fees – Residential (sub fund 8050). This is to finance the remodel of Fire Station 4 (Project C1702). The project has already started and the recommended transfer will align project funding sources with uses of funds in the same sub fund, since residential revenues are not sufficient to cover the value of encumbrances required for the project to progress as planned in FY 2023-24. Transferring available funds from the Non-Residential Growth fees earned ensures that each sub fund is balanced and the project can continue with existing appropriations.

Facilities Maintenance Fund (735)I
Staff recommends $630,000 expenditure appropriations and $115,213 in revenue within the Facilities Maintenance Fund (735). This is to ensure the Facilities Division is able to continue to provide services in line with demand. Utility costs and requests for services, specifically regarding aging HVAC and other infrastructure, are significantly higher than budgeted. While the Division is seeing some savings in personnel costs due to vacancies, there is a need to make repairs and provide support to operating departments that cannot be provided given existing levels of reserves. The General Fund's portion of the $630,000 -- which amounts to $514,787 -- would be paid for out of General Fund already budgeted to Public Works in FY23-24. To be clear, Public Works does not oversee utility use by other departments, nor does it control increases in utility prices outside of the City's utilities; however, Public Works has the capability, through projected salary savings due to hard-to-fill positions, in its budget this year to pay $514,787. Additionally, should the existing General Fund budget in the Public Works Department not be sufficient to cover these utility costs through June 30, 2024, a request for additional appropriations would need to be brought back for the City Council's consideration to ensure utilities are not stopped to the City's facilities. The remaining $115,213 would be paid for by the other funds that pay into the Facilities internal service fund, allocated on the same basis as the adopted budget.

STRATEGIC PRIORITIES

This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.

FINANCIAL IMPACT

The financial impact of each recommended action is spelled out in the "Discussion” section that describes that action.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Mark Sewell, Assistant Chief Financial Officer

ATTACHMENTS

1. Presentation

2. Facilities Maintenance Fund

287
FY2023-24 MID-YEAR BUDGET REVIEW
C ity C ouncil
February 6, 2024

Mark Sewell, Assistant C hief Financial O fficer
288
The City Council:

A. Receive an update on the latest FY 2023-24 revenue and expenditur e pr ojections for major funds; and

A. Approve budg et amendments within the G olf, D evelopment Impact Fees, C ontr ibution T r ust, and Facilities Maintenance and r elated Funds.

REC O MMEN D AT IO N S 2
289
GENERAL FUND 101 (IN MILLIONS) 3
Revenues $ millions
FY23-24
Revised
Budget
FY23-24
Year End
Estimate $ change % Change
Property Tax & Transfer Tax 69.5 70.6 +1.1 1.6%
Sales Tax - Measure E 57.8 57.4 (0.3) (0.6%)
Sales Tax 51.3 57.8 +6.5 12.6%
Franchise Tax 4.8 4.8 +0.0 0.0%
Business License Tax 6.5 7.0 +0.5 7.7%
Transient Occupancy Tax 5.5 5.5 +0.0 0.0%
Cannabis Tax 0.3 0.3 +0.0 0.0%
Other Non-Tax Revenues 29.7 31.6 +1.9 6.4%
Total 225.3 234.9 +9.7 4.3%
Expenditures
Police 80.3 79.8 (0.6) (0.7%)
Fire 33.7 36.3 +2.6 7.6%
Cultural and Community Svs 14.6 14.3 (0.4) (2.4%)
Public Works 30.1 29.0 (1.1) (3.7%)
Administrative Departments 41.9 40.1 (1.8) (4.2%)
Non-Departmental 44.7 44.4 (0.2) (0.5%)
Total 245.3 243.9 (1.5) (0.6%)
Net Annual Surplus / (Deficit) (20.0) (8.9) +11.1
290
GENERAL FUND 101 (IN MILLIONS) 4
Property
Tax &
Transfer
Tax
Sales Tax
-
Measure
E
Sales Tax Franchise
Tax
Business
License
Tax
Transient
Occupan
cy Tax
Cannabis
Tax
Other
Non-Tax
Revenues
FY23-24 Revised Budget 69.5 57.8 51.3 4.8 6.5 5.5 0.3 29.7 FY23-24 Year End Estimate 70.6 57.4 57.8 4.8 7.0 5.5 0.3 31.6

0.0 10.0

20.0 30.0

40.0 50.0

60.0 70.0

80.0 $ millions
General Fund Revenues
FY23-24 Revised Budget
FY23-24 Year End Estimate
291
GENERAL FUND 101 (IN MILLIONS) 5
Police Fire Cultural and
Community Svs Public Works Administrative
Departments
Non-
Departmental
FY23-24 Revised Budget 80.3 33.7 14.6 30.1 41.9 44.7
FY23-24 Year End Estimate 79.8 36.3 14.3 29.0 40.1 44.4

0.0 10.0

20.0 30.0

40.0 50.0

60.0 70.0

80.0 90.0
$ millions
General Fund Expenditures FY23-24 Revised Budget
FY23-24 Year End Estimate
292
MEASURE O FUND 104 (IN MILLIONS) 6
Revenues $ millions
FY23-24
Revised
Budget
FY23-24
Year End
Estimate $ change % Change
Half Cent Sales Tax Revenue 19.5 19.2 (0.3) (1.5%)
Gen Fund Loan Receipts 1.9 1.9 +0.0 0.0%
Interest Income 0.1 0.3 +0.2 180.0%
Total 21.4 21.3 (0.1) (0.6%)
Expenditures
Other Community Improvements 3.8 3.8 +0.0 0.6%
Parks & Open Spaces 4.8 4.6 (0.2) (3.5%)
Public Safety & Gang Prevention 3.9 3.6 (0.3) (6.8%)
Traffic & Road Improvements 17.1 17.1 +0.0 0.0%
Total 29.7 29.3 (0.4) (1.4%)
Net Annual Surplus / (Deficit) (8.2) (7.9) +0.3
Staff provided detailed update provided to the Measure O Committee on January 25, 2024 Projection based on approved projects as of 1/23/2024.
293
WATER FUNDS (IN MILLIONS) 7
Revenues $ millions
FY23-24
Revised
Budget
FY23-24
Year End
Estimate $ change
%
Change
Fees and Charges 66.7 63.3 (3.4) (5.1%)
Fines and Misc 0.5 0.6 +0.1 28.9%
Interest 0.4 1.2 +0.9 252.5%
IUF payment 0.2 0.2 +0.0 0.0%
Proceeds (BAB) 2.1 2.1 +0.0 0.0%
Other Revenue 2.4 2.6 +0.1 5.5%
Total (excluding CIP Transfers) 72.2 70.0 (2.2) (3.1%)
Expenditures
Salaries&Benefits 11.1 9.3 (1.8) (16.2%)
Supplies 3.5 3.7 +0.2 4.8%
Services 5.5 5.0 (0.4) (7.5%)
Utilities 2.1 3.0 +0.9 41.4%
Water Purchases 27.0 25.0 (2.0) (7.4%)
Maintenance 0.2 0.2 +0.0 0.0%
Financing 15.0 14.9 (0.1) (0.4%)
Capital Expenditures 44.9 44.7 (0.2) (0.5%)
Transfers Out 4.8 4.8 +0.0 0.0%
Total (excluding CIP Transfers) 114.1 110.7 (3.4) (3.0%) Net Annual Surplus / (Deficit) (41.0) (39.8) +1.2
Totals shown exclude the revenue and appropriations necessary to transfer CIP funds from the Water Operating Fund (601) to the Water Capital Improvement Fund (602) for capital projects. 294
WASTEWATER FUNDS (IN MILLIONS) 8
Totals shown exclude the revenue and appropriations necessary to transfer CIP funds from the Wastewater Operating Fund (611) to the Wastewater Capital Improvement Fund (612) for capital projects.

Revenues $ millions
FY23-24 Revised
Budget
FY23-24 Year End
Estimate $ change % Change
Fees and Charges 46.6 46.9 +0.3 0.7%
Fines and Misc 0.4 0.4 (0.1) (14.6%)
Interest 0.5 1.5 +0.9 180.0%
IUF payment 2.8 2.8 +0.0 0.0%
Proceeds of Debt 64.2 64.2 +0.0 0.0%
Other Revenue 0.0 0.0 +0.0 17.0%
Total (excluding CIP Transfers) 114.6 115.8 +1.2 1.1%
Expenditures
Salaries&Benefits 12.6 11.0 (1.7) (13.3%)
Supplies 3.5 3.2 (0.3) (8.8%)
Services 6.3 3.7 (2.6) (41.8%)
Utilities 3.7 3.6 (0.1) (2.7%)
Maintenance 0.3 0.2 (0.1) (42.7%)
Financing 10.2 10.0 (0.1) (1.2%)
Capital Expenditures 104.0 104.2 +0.2 0.2%
Transfers Out 3.4 3.4 +0.0 0.6%
Total (excluding CIP Transfers) 144.0 139.2 (4.8) (3.3%) Net Annual Surplus / (Deficit) (29.4) (23.4) +6.0
295
ENVIRONMENTAL RESOURCES FUNDS (IN MILLIONS) 9
Revenues $ millions
FY23-24
Revised
Budget
FY23-24
Year End
Estimate $ change % Change
Fees and Charges 46.1 45.7 (0.4) (1.0%)
Fines and Misc 0.3 0.3 +0.0 9.2%
Interest 0.1 0.3 +0.2 197.1%
IUF payment 2.6 2.6 +0.0 0.0%
Other Revenue 0.1 0.1 +0.0 31.8%
Total 49.2 49.0 (0.2) (0.4%)
Expenditures
Salaries&Benefits 24.0 23.8 (0.2) (0.8%)
Supplies 1.7 1.8 +0.0 1.9%
Services 2.2 2.2 (0.0) (0.9%)
Utilities/Hauling 16.1 16.2 +0.0 0.2%
Maintenance 0.4 0.4 +0.0 0.0%
Financing 3.6 3.6 +0.0 0.0%
Capital Expenditures 5.5 5.6 +0.1 2.5%
Transfers Out 9.6 9.6 +0.0 0.0%
Total 63.2 63.1 (0.0) (0.0%)
Net Annual Surplus / (Deficit) (14.0) (14.1) (0.2)
296
GOLF FUNDS (IN MILLIONS) 10
Revenues $ millions
FY23-24
Revised
Budget
FY23-24 Year
End Estimate $ change % Change
Fees and Charges 6.1 7.1 +0.9 15.2%
Misc Revenue 0.3 0.4 +0.1 40.2%
Total (excluding CIP carryover Transfers) 6.4 7.4 +1.0 16.2% Expenditures
Salaries&Benefits 0.0 0.0 (0.0) (3.6%)
Supplies 0.3 0.3 +0.0 0.0%
Services 4.2 5.1 +0.9 22.5%
Utilities 0.7 0.7 +0.0 0.0%
Maintenance 0.0 0.0 (0.0) (34.7%)
Financing 0.2 0.2 +0.0 1.1%
Capital Expenditures 1.3 1.3 +0.0 0.0%
Transfers Out 0.2 0.2 +0.0 0.0%
Total (excluding CIP carryover Transfers) 6.9 7.9 +0.9 13.4% Net Annual Surplus / (Deficit) (0.5) (0.4) +0.1
Totals shown exclude the revenue and appropriations necessary to transfer CIP funds from the Golf Operating Fund (651) to the Golf Capital Improvement Fund (652) for capital projects. 297
• Golf Operations Fund
• $931,399 in both revenue and expenditure appropriations for no net change in fund balance

• Contributions Trust Fund
• $644,205 in expenditure appropriations and $44,814 in revenue for a net $599,391 use of available fund balance

• Development Impact Fees Fund
• Transfer $2,503,555 from Capital Growth Fees - Non-Residential sub fund to Capital Growth Fees - Residential sub fund, for Fire Station 4 remodel.

• Facilities Operating Fund
• $630,000 increase in both revenues (new transfers) and expenditure appropriations in the Facilities Operating Fund; and
• $514,787 increase in transfer out appropriations and $514,787 decrease in salary a benefit appropriations in the General Fund-Public Works Department; and • $115,213 increase in transfer out appropriations from other City Funds to the Facilities Operating Fund as shown in Attachment 2

FY 2023-24 BUDGET AMENDMENTS - RECOMMENDATION 11
298

T he C ity C ouncil:

A. Receive an update on the latest FY 2023-24 revenue and expenditur e pr ojections for major funds; and

A. Approve budg et amendments within the G olf, D evelopment Impact Fees, C ontr ibution T r ust, and Facilities Maintenance and R elated Funds.

REC O MMEN D AT IO N 12
299

QUESTIONS
13 300
ATTACHMENT 2 FACILITIES  FUND BUDGET AMENDMENT MID ‐YEAR 2023‐24 Fund Fund  Name Org Object Description  2024 Revised
Budget
% budget allocation  New Appropriations
to transfer to
Facilities Fund
Funded From Salary
Savings
New Total
(Appropriations and
Salary Savings)
101 GENERAL  FUND 1013301 59700 GENERAL FUND TOTAL 5,502,490.00$            81.7% 514,787.27$                6,017,277.27$ 120 MAINT  ASSMNT DIST 20003801 59700 FACILITY  CHG MAINTENANCE 21,163.00$                   0.3% 1,979.91$                     23,142.91$ 181 STATE  GAS TAX FUND 1813101 59700 FACILITY  CHG MAINTENANCE 90,822.00$                   1.3% 8,496.88$                     99,318.88$ 181 STATE  GAS TAX FUND 1813102 59700 FACILITY  CHG MAINTENANCE 67,006.00$                   1.0% 6,268.77$                     73,274.77$ 181 STATE  GAS TAX FUND 1813401 59700 FACILITY  CHG MAINTENANCE 107,607.00$                 1.6% 10,067.21$                   117,674.21$ 360 OTH.  DEVPT FEES FUND 70202512 59700 FACILITY  CHG MAINTENANCE 13,666.00$                   0.2% 1,278.53$                     14,944.53$ 601 WATER  OPERATING FUND 6013600 59700 FACILITY  CHG MAINTENANCE 185,626.00$                 2.8% 17,366.30$                   202,992.30$ 611 WASTEWATER  OPERATING FUND 6113612 59700 FACILITY  CHG MAINTENANCE 118,023.00$                 1.8% 11,041.68$                   129,064.68$ 611 WASTEWATER  OPERATING FUND 6113614 59700 FACILITY  CHG MAINTENANCE 22,026.00$                   0.3% 2,060.65$                     24,086.65$ 631 SOLID  WASTE OPERATING FUND 6313630 59700 FACILITY  CHG MAINTENANCE 55,462.00$                   0.8% 5,188.77$                     60,650.77$ 631 SOLID  WASTE OPERATING FUND 6313636 59700 FACILITY  CHG MAINTENANCE 69,991.00$                   1.0% 6,548.03$                     76,539.03$ 725 CUSTOMER  BILLING OPS ISF 7251211 59700 FACILITY  CHG MAINTENANCE 45,245.00$                   0.7% 4,232.91$                     49,477.91$ 731 INFORMATION  TECHNOLOGY ISF 7311801 59700 FACILITY  CHG MAINTENANCE 12,110.00$                   0.2% 1,132.96$                     13,242.96$ 731 INFORMATION  TECHNOLOGY ISF 7311802 59700 FACILITY  CHG MAINTENANCE 9,099.00$                     0.1% 851.26$                         9,950.26$ 731 INFORMATION  TECHNOLOGY ISF 7311803 59700 FACILITY  CHG MAINTENANCE 63,627.00$                   0.9% 5,952.64$                     69,579.64$ 731 INFORMATION  TECHNOLOGY ISF 7311805 59700 FACILITY  CHG MAINTENANCE 14,925.00$                   0.2% 1,396.31$                     16,321.31$ 741 FLEET  SERVICES ISF 7413750 59700 FACILITY  CHG MAINTENANCE 335,095.00$                 5.0% 31,349.92$                   366,444.92$ OTHER FUND TOTAL 1,231,493.00 $            18.3% 115,212.73$                ‐$                               1,346,705.73$ GRAND TOTAL EXPENSES 6,733,983.00$            100.0% 115,212.73$                514,787.27$                7,363,983.00$ 735 FACILITIES  MAINTENANCE ISF 7353740 49140 FACILITIES  INTERNAL SVC CHGS (6,733,983.00)$           100.0% (115,212.73)$              (514,787.27)$              (6,849,195.73)$ GRAND TOTAL REVENUE (6,733,983.00)$          100.0% (115,212.73)$              (514,787.27)$              (7,363,983.00)$ NET ‐$                               ‐ $                               ‐$                               ‐$ Council Date 02/06/2024
301

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. L.3

DATE: February 6, 2024

TO: City Council

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

SUBJECT: Public Project Agreement 32400352 with Toro Enterprises, Inc., for Citywide Alley Resurfacing - Fremont North Neighborhood Alley Restoration Project, Specification No. PW 24-11. (10 minutes)

RECOMMENDATION

That the City Council approve and authorize:

1. A total of $4,592,368 in Project funds for the Citywide Alley Resurfacing - Fremont North Neighborhood Alley Restoration Project, Specification No. PW 24-11;

2. The Mayor to Execute an Agreement with Toro Enterprises, Inc. in the amount of $3,891,837 for the Project;

3. A Project contingency amount of $389,184 (10%) with Toro Enterprises, Inc. for a total not to exceed value of $4,281,021 for the Project;

4. A Project allocation amount of $311,347 (8%) for engineering, inspection, survey and project management; and

5. A project budget appropriation transfer in the total amount of $4,592,368 from 12 Alleyways Project No. C2111 to Citywide Alley Resurfacing Project No. C2102 within the General Fund (101) for $165,368 and the Measure O Fund (104) for $4,427,000.

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

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/2UdjV_3Cu6Y

BACKGROUND

The Citywide Alley Resurfacing Fremont North Neighborhood Alley Reconstruction Project is part of the Public Works Capital Improvement Program (CIP) for Fiscal Year 2023-24, which consists of this Project and four additional resurfacing project locations (arterial and residential streets). This Project was prioritized based on the outcome of the Pavement Management Program brought in front of the City Council on May 18, 2021. That meeting resulted in the Council's goal to fund and support working toward and maintaining a level 70 Pavement Condition Index (PCI, a 0-100 scale) throughout the City. In alignment with this Council PCI goal of level 70, the Fremont North Neighborhood Alley Reconstruction Project addresses ten poorly rated alley locations.

Capital Improvement Program (CIP) Reference:

Project No. C2102 – Citywide Alley Resurfacing - Fremont North Neighborhood Alley Restoration Project, Specification No. PW 24-11 - CIP 2022-2027 - Adopted May 3, 2022 – Page 49.

DISCUSSION

The Project’s Scope of Work (SOW) consists of the reconstruction of nine alley locations and resurfacing of one alley 302
throughout the Fremont North Neighborhood, with low PCI levels and visible defective appearance of the asphalt concrete, including blisters, alligator cracking, low spots, spalling, and other tensile failures. The SOW includes removal and disposal of excavated asphalt concrete and base materials; removal of weeds, roots, and debris; compaction of subgrade and base; installation of 6” Portland Cement Concrete (PCC) pavement over 6” Class 2 aggregate base; installation of asphalt concrete; and adjustment of manholes, water valve, and meter frames & covers to finished grade.

Alley Locations (see map in Attachment 2):

1. Alley West of M Street

2. Alley North of Doris Avenue

3. Alley North of Douglas Avenue

4. Alley North of Roderick Avenue

5. Alley North of Devonshire Drive

6. Alley East of Ventura Road

7. Alley North of Edgewood Way

8. Alley North of Fremont Way

9. Alley North of Glenwood Drive

10. Alley East of Ironbark Court

The work is tentatively scheduled to begin in the spring of 2024 and continue into the summer of 2024 (80 working days), absent any delays due to supply chain issues, unforeseen site conditions, or weather. Staff will work closely with the Fremont North Neighborhood Council to keep them informed of the schedule and will also work closely with the neighborhoods and residents directly impacted by the work to keep them informed of the project schedule. General project information will also be disseminated via the City’s communications team, door-knockers, and letters to help keep the public informed.

The Notice Inviting Formal Bids (NIFB) on the Project was published on November 9, 2023, and bids were due on December 12, 2023. The City received the following bid:

Toro Enterprises, Inc.: $3,891,837

The only bidder was Toro Enterprises, Inc. (Toro), and the bid was responsive to the City’s NIFB. Following this determination, procurement staff reviewed all documentation received from Toro and its subcontractors. Procurement staff verified the bidder’s possession of all currently valid licenses, checked the federal Occupational Safety and Health Administration (OSHA) website for safety violations, and confirmed registration with the California Department of Industrial Relations (DIR). Based upon the available information and research performed to date, Staff believes that the contractor can satisfactorily complete the project.

As a secondary assessment of the lone bid, Staff reviewed and compared other recent projects, including the 2021 On- Call unit costs, the PW 23-111 Hueneme Road Street Improvement Project, and similarly-scoped bids from the County of Ventura. Staff found that unit prices in Toro’s bid to be similar or only slightly higher than the comparative projects, indicating that the bids received are consistent with what the market is offering. There has also been an increase of 22% in the California Cost Index between June 2021 and June 2023, which is consistent with current inflation trends. Staff expects that rebidding would result in higher costs and impact the execution of planned resurfacing for this fiscal year.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The total cost for this Project shall not exceed $4,592,368, which includes $389,184 for project contingency (10% of the contract costs) and $311,347 for the cost of engineering services and City staff (8% of the contract cost).

303
On June 20, 2023, City Council approved the Fiscal Year 2023-24 Budget, which allocated $2.25M of the $20.8M invested for Street Resurfacing to the Citywide Alley Resurfacing Project. The $2.25M funding for this fiscal year from the Measure O Fund (104) and the funding for the prior fiscal year of $2.25M from the Measure O Fund (104), along with $400k from the General Fund (101) were programmed to the 12 Alleyways Project (No. C2111). As a clean up item, all available alleyway funding should be reprogrammed to the Citywide Alley Resurfacing Project (No. C2102). Therefore, a project budget appropriation transfer is needed for $4,592,368 from the 12 Alleyways Project (No. C2111) to the Citywide Alley Resurfacing Project (No. C2102). With the approved project budget appropriation transfers, there is sufficient funding available in Project No. C2102 to fund this Project.

12 Alleyways Project No. C2111
Fund Number Fund Name
Available Project
Budget
Transfers
Out
New Available Project
Budget
101 General Fund $165,368 -$165,368 $0
104 Measure O $4,427,000 -$4,427,000 $0

TOTAL AVAILABLE PROJECT
BUDGET $4,592,368 -$4,592,368 $0

Citywide Alley Resurfacing Project No. C2102
Contract: $3,891,837
Contingency: $389,184
Construction Management: $311,347
Total: $4,592,368
Fund Number Fund Name
Available Project
Budget
Transfers
In
New Available Project
Budget
101 General Fund $0 +$165,368 $165,368
104 Measure O $0 +$4,427,000 $4,427,000

TOTAL AVAILABLE PROJECT
BUDGET $0 +$4,592,368 $4,592,368

For Fiscal Year 2023-24, Public Works plans to conduct a total of five resurfacing project locations (alleyways, arterial, and residential streets) with a total budget of about $20.8 million. The industry-wide increase in construction cost is a result of contractor workload and increasing material costs. The ability to execute and pay for all five of the planned projects this fiscal year will largely depend on the bidding environment at the time of solicitation. Unfortunately, this proposed alley construction project and the three paving projects bid earlier this fiscal year have bid higher than the estimates.

The remaining paving project locations include the La Colonia Neighborhood Phase III, Colonia Road & Juanita Avenue Sidewalk Improvement, Residential Resurfacing Ph II - Various Streets, and the Ramona Elementary School Pedestrian Crossing Enhancement.

For Finance Use Only: General Fund (Org. 1011001 Obj. 59800) Projects C2111 & C2102; Measure O Fund (Org. 1041001 Obj. 59800) Projects C2111 & C2102; Capital Outlay Fund (Org. 3013401 Obj. 49300//53270) Projects C2111 & C2102

COMMITTEE OUTCOME

304
This item did not originate in Committee as this is a capital improvement project listed explicitly in the City's Capital Improvement Program (CIP) budget, which the City Council previously approved.

Prepared by: Morgan Kessler, City Engineer

ATTACHMENTS

1. Agreement 32400352 Toro PW 24-11

2. Location Map - PW 24-11 Citywide Alley Resurfacing Project

3. Presentation

305
Agreement No. 32400352
1 CITY OF

OXNARD CONTRACT FOR

CITYWIDE ALLEY RESURFACING FREMONT NORTH NEIGHBORHOOD ALLEY RECONSTRUCTION PROJECT SPECIFICATION NO. PW 24-11
THIS CONTRACT (“Contract”) is made and entered this ______ day of _____________, 20___ (“Effective Date”), by and between the CITY OF OXNARD, a California municipal corporation (“City”) and TORO ENTERPRISES, INC. (“Contractor”). Contractor’s license number is 710580.

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

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

2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the projec t identified as City wide Alley Resurfacing Fremont North Neighborhood Alley Reconstruction Project Specification No. PW 24-11 (“Project”), as described in this Contract and in the incorporated Contract Documents.

3. Compensation. In consideration of the serv ices rendered hereunder, City shall pay Contractor a not to exceed amount of three million eight hundred ninety one thousand eight hundred thirty seven dollars ($3,891,837.00) in accordance with the prices as submitted in the Bid, attached hereto as Exhibit “A” and incorporated herein by this reference.

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

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

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

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

6. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees . In accordance with the provisions of Labor Code Section 1861, by s igning this Contract, the Contractor certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such prov isions before commencing the performance of the Work of this Contract.” 306
Agreement No. 32400352
2 7.

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

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

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

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

11. Counterparts. This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitu te one and the same instrument. A signed copy of this Contract trans mitted by f acsimile, email or other means of
electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Contract for all purposes.
[signatures on
following page]
307
Agreement No. 32400352
3 IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the first written above.

CITY OF OXNARD TORO
ENTERPRISES, INC.
☒ John C. Zaragoza, Mayor1 Date Sean Castillo, President 2 Date ☐ Purchasing Manager
Jerry Hannigan, Secretary Date
ATTEST:

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

Stephen M. Fischer, City Date
Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $200,000. The Purchasing Agent may execute any authorized agreement up to $200,000. 2 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer; ● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level manag
ers); or
● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a gen
eral 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.
308
Agreement No. 32400352
Exhibit INS-G w
ith Pollution

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

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

2. Contractor shall, prior to performance of any services, file wi th the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-G. The certificates and endorsements for each insurance policy ar e to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to b e on the attached forms or on other forms approved by the Risk Mana ger. All certificates and endor sements are to be received and approved by the Risk Manager before work commences. City re serves 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 n ot received your request or are having difficulty with electronic upload, contact [email protected]

3. Contractor agre
es 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 pa rty, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.

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

5. The coverag
es provided to City shall be primary and not contributing to or in excess of any existing City insurance or self-insurance coverages (this must be endorsed) . Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the poli cies 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 Ci ty Council, officers, employees and volunteers, or the Contractor shall procure a bond gu aranteeing payment of losses and related investigations, claim administration and defense expenses.

7. All insurance standards applicable to Contractor shall also be applicable to Contractor’s subcontractors. Contract or
agrees to
maintain appropriate agreements with subcontractors and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.
309

INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS

Certificates of Insurance

The sample accord form on the following page is provided to f acilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.

Endorsement Forms

Original endorsements are required for general liability and automobile liability insurance policies and must be attached to th e applicable certificate of insurance. City preference is that y ou use the endorsement forms which are attached. Substitute for ms will be accepted, however, as long as they include provisions comparable to the attached.

310

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

PRODUCER

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

CODESUB-CODE

COMPANIES AFFORDING INSURANCE COVERAGE

INSURED

COMPANY

LETTER ASPECIFY COMPANY NAMES IN THIS SPACE

COMPANY LETTER B

COVERAGES

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

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

CO
LTR

TYPE OF INSURANCE

POLICY NUMBER

POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)

LIMITS

A

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

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

A

AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY

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

PROPERTY DAMAGE
$

A

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM

EACH OCCURRENCE $

AGGREGATE $

A

WORKERS’ COMPENSATION
AND
EMPLOYERS’ LIABILITY

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

A

OTHER
Errors and omissions insurance or malpractice insurance available for the insured’s profession; if architectural, engineering or electrical work will be performed under the Contract

Contractors Pollution Liability and Contractors Pollution Errors & Omissions

Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant

PER CLAIM / OCCURRENCE $2,000,000
GENERAL AGGREGATE $2,000,000

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

CERTIFICATE HOLDER

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

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER

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

AUTHORIZED REPRESENTATIVE
311

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

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

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

NAMED INSURED

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

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

 Claims Made
Retroactive Date
 Occurrence

OTHER PROVISIONS

COVERAGES

LIABILITY LIMITS IN THOUSANDS $

EACH OCCURRENCE

AGGREGATE

 GENERAL
 PRODUCTS/COMPLETED OPERATIONS
 PERSONAL & ADVERTISING INJURY
 FIRE DAMAGE



CLAIMS: Underwriter=s representative for claims pursuant to this insurance.

Name:

Address:

Telephone: ( )

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

1. INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of 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 ins urance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured=s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

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

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

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

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

Except as stated above not hing herein shall be held to waive, alter or extend any of the limits, conditi ons, agreements or excl usions 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

312

AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the ACity@)

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

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

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

NAMED INSURED

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

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

Name:

Address:

Telephone: ( )

$ per accident, for bodil y injury and property damage.

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

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

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

3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the companys limits of liability. The inclusion of any person or or ganization 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 Ci ty, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.

5. PROVISIONS REGARDING THE INSUREDS DUTIES. Any failure to comply with reporting provisions of t he 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 Liab ility Coverage, occurrence” form CA0001, code (Aany auto@); or b. If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).

Except as stated above not hing herein shall be held to waive, alter or extend any of the limits, condit ions, agreements or exclusions of the policy to wh ich 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

313

Bond No. __________

PAYMENT BOND
(LABOR AND MATERIALS)

KNOW ALL PERSONS BY THESE PRESENTS that:

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

( “ P r i n c i p a l ” )
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as CITYWIDE ALLEY RESURFACING

FREMONT NORTH NEIGHBORHOOD ALLEY RECONSTRUCTION PROJECT SPECIFICATION NO. PW 24-11.

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

NOW, THEREFORE, we, the undersigned Principal, and

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

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

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to 314

Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, including all incorporated documents, shall in any manner affect its obligations on this Bond. The Sure ty hereby waives notice of any such change, extension, alteration, or addition. Additionally, th e Surety hereby waives California Civil Code 2845 and 2849 as well as any statutes of limitation, statutes of repose and laches as they may apply to an action on this Bond.

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

Dated:

“Principal”

By:

Its:

By:

Its:

(Seal)

“Surety”

By:

Its:

By:

Its

(Seal)

Notes: This Bond must be executed in duplicate and dated, all Surety signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Date of Bond must not be before the Effective Date of t he Contract. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California. 315

Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

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

( “ P r i n c i p a l ” )
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as CITYWIDE ALLEY RESURFACING

FREMONT NORTH NEIGHBORHOOD ALLEY RECONSTRUCTION PROJECT SPECIFICATION NO. PW 24-11.

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

NOW, THEREFORE, we, the undersigned Principal, and

,
(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Agency in the penal sum of D o l l a r s ( $ ) , t h i s
amount being not less than one hundred percent (100%) of the total Contract Price in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, assignees, successors, executors and administrators, jointly and severally, firmly by these presents.

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

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

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, including all incorporated documents, or of the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect the Surety’s obligations under this Bond. The Surety hereby waives notice of any such change, 316

extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. Surety hereby waives Califor nia Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

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

D a t e d :

“Principal”

By:

Its:

By:

Its:

(Seal)

“Surety”

By:

Its:

By:

Its

(Seal)

Notes: This Bond must be executed in duplicate and dated, all Surety signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Date of Bond must not be before the Effective Date of t he Contract. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California.

317

EXHIBIT A
318
319
320

321
Agreement 32400352 with Toro
Enterprises, Inc., for Citywide Alley
Resurfacing - Fremont North Neighborhood
Alley Restoration Project
City Council
February 6, 2024
Morgan Kessler, PE
City Engineer
322

RECOMMENDATION

That the City Council approve and authorize:

1. A total of $4,592,368 in Project funds for the Citywide Alley Resurfacing - Fremont North Neighborhood Alley Restoration Project, Specification No. PW 24-11;

2. The Mayor to Execute an Agreement with Toro Enterprises, Inc. in the amount of $3,891,837 for the Project;

3. A Project contingency amount of $389,184 (10%) with Toro Enterprises, Inc. for a total not to exceed value of $4,281,021 for the Project;

4. A Project allocation amount of $311,347 (8%) for engineering, inspection, survey and project management; and

5. A project budget appropriation transfer in the total amount of $4,592,368 from 12 Alleyways Project No. C2111 to Citywide Alley Resurfacing Project No.

C2102 within the General Fund (101) for $165,368 and the Measure O Fund (104) for $4,427,000.
2 323

BACKGROUND

● On May 18, 2021, the City Council considered a staff report regarding the Pavement Management Program
● The project includes the resurfacing of the street movement at various alleys throughout the City of Oxnard. The Fremont North Neighborhood Alley Reconstruction Project was observed with existing pavement surfaces in overall poor condition with notable alligator cracking, rutting, patches, and raveling of pavement conditions ● The outcome was the Council recommended identifying funding to support working towards, and ultimately maintaining, the average Pavement Condition Index (PCI) to a level of 70
3 324

DISCUSSION

● 10 locations within the Fremont North Neighborhood
● The Work includes
○ Demolition
○ Removal of vegetation
○ Base preparation
○ Paving
○ Utility adjustments
4 325

DISCUSSION
● Notices inviting Bid published on November 8, 2023
● Bids due on December 12, 2023
● Lowest, responsive bidder: Toro Enterprises
● Staff researched and verified all required contractor credentials 5 326

FINANCIAL IMPACT
● Total cost for this Project shall not exceed $4,592,368, which includes $389,184 for project contingency (10% of the contract costs) and $311,347 for the cost of engineering services and City staff (8% of the contract cost) ● Council approved $20.8M invested for Street Resurfacing of which $2.25M has been allocated to the Citywide Alley Resurfacing Project ● The $2.25M funding for this fiscal year from the Measure O Fund (104) and the funding for the prior fiscal year of $2.25M from the Measure O Fund (104), along with $400k from the General Fund (101) were programmed to the 12 Alleyways Project (No. C2111)
● As a clean up item, all available alleyway funding should be reprogrammed to the Citywide Alley Resurfacing Project (No. C2102) ○ A project budget appropriation transfer is needed for $4,592,368 from the 12 Alleyways Project (No. C2111) to the Citywide Alley Resurfacing Project (No. C2102) to fund this project
6 327

FINANCIAL IMPACT
● Fiscal Year 2023-24, Public Works plans to conduct a total of five resurfacing project locations (alleyways, arterial, and residential streets) with a total budget of about $20.8 million
● The City’s ability to execute and pay for all five of the planned projects this fiscal year will largely depend on the bidding environment at the time of solicitation
● Industry-wide increase in construction cost is a result of contractor workload and increasing material costs that resulted in the proposed alley construction project and the three paving projects bid earlier this fiscal year being bid higher than the estimates
● The remaining paving project locations include the La Colonia Neighborhood Phase III, Colonia Road & Juanita Avenue Sidewalk Improvement, Residential Resurfacing Ph II - Various Streets, and the Ramona Elementary School Pedestrian Crossing Enhancement
7 328
QUESTIONS?
329

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. L.4

DATE: February 6, 2024

TO: City Council

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

SUBJECT: Golf Management Agreement. (10 minutes)

RECOMMENDATION

That the City Council authorize staff to enter into negotiations with American Golf Corporation for a new Agreement to manage the River Ridge Golf Club operations.

(The Public Works and Transportation Committee was scheduled to consider this item on January 9, 2024. That meeting was canceled and the item is being brought directly to Council for action due to time constraints.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/69uH3oiNOTs

BACKGROUND

The City of Oxnard owns the River Ridge Golf Club (“golf operations”), a municipal golf course under the supervision of the Public Works Department. The golf operations consist of two 18-hole golf courses that are currently operated under contract by American Golf Corporation (“AGC”). AGC was awarded the management agreement (“Agreement”) that began on July 1, 2019 and will expire on June 30, 2024.

DISCUSSION

With the pending expiration of the AGC Agreement, which will occur on July 1, 2024 for the management of the golf operations, staff has been identifying options for a new agreement with a vendor to operate the golf course enterprise.

Generally, two options are available for a third-party vendor to manage the golf operations: (1) send out a new Request For Proposals (RFP) for all vendors to submit individual proposals or (2) directly negotiate with the existing vendor based upon certain criteria. The Public Works Department has confirmed with the City’s Purchasing Agent, per Article 4-52 of the City Code for Trade and Professional Services, that the City may enter into new negotiations with AGC based upon their performance of managing the golf operations during the current Agreement. Staff has identified three key elements to make this recommendation to the City Council. These include: financial stability/viability, customer satisfaction, and the condition of the golf course.

KEY ELEMENTS:

Financial -

The golf operations have been profitable during each operating year of AGC’s management. This includes the COVID years when the golf operations posted net profits of $2.2 million in FY 2020-21 and $1.8 million in FY 2021-22. For FY 2022-23, the total revenues were $6.2 million with expenditures of $4.7 million. Therefore, the net revenue for the golf operation in FY 2022-23 was $1.5 million. The declining net revenues for each fiscal year are directly associated with the increases for living wage, prevailing wage, and the increasing costs of utilities and goods and services. To generate more 330
revenue, the golf course green fees were increased by an average of $5 per round beginning on July 1, 2023. The FY 2023-24 Golf Annual Plan had projected revenues of $6.1 million. However, after the first half of this fiscal year, the revenues are now projected to exceed $7 million.

The net revenues for each fiscal year remain with the Golf Enterprise Fund as the Fund Balance. The Fund Balance is the accumulation of operating surpluses that includes the annual net revenues. At the completion of each fiscal year, these surpluses are transferred into this fund and can only be used for the operations and improvements of the golf operations.

For best management practice, per Council policy, the Fund Balance reserves $1.4 million to cover six months of golf operating expenses. Therefore, the Golf Enterprise available fund balance, in excess of the Council policy, as of June 30, 2023 is $3.3 million.

The annual net revenue amounts posted by AGC for the golf course operations were not seen under the previous golf course operator and agreement.

Customer Satisfaction -

Between October 10, 2023 and December 10, 2023, a customer survey was conducted to measure the satisfaction of golf course users based on the management by AGC. This survey was targeted to actual golf course users who are on the email list for the River Ridge Golf Club. Additionally, a computer was provided in the pro shop for customers to take the survey in person. The survey results (Attachment 1) were calculated from 1,094 customers. It is interesting to note that 62% of the golf course customers are not residents of the City of Oxnard, and 64% of the customers do not consider River Ridge to be their primary course. Therefore, the majority of the revenues that are generated by the golf operations are from non-residents. In terms of value, 55% of the users surveyed consider the golf course to be a good or excellent value, while 29% consider it a fair value, and only 2% consider it a poor value. In response to the friendliness of staff, 95% of the customers surveyed consider the staff to be “Friendly” to “Very Friendly”.

Course Conditions and Improvements -

In terms of the golf course conditions, 35% consider the golf course conditions to be in “Average Quality”, 40 % “Good Quality”, and 5% “Excellent Quality”. Finally, 58% of the users consider the golf course to be in better condition than it was three years ago.

In FY 2022-23, the golf operations generated over $400,000 for receptions and events. Currently, there are $328,000 in deposits and contracts for scheduled receptions and events with another six months remaining in this fiscal year. To accommodate more services that will generate more revenue, the City has a Capital Improvement Project (CIP) to construct a new Event Pavilion at the River Ridge Golf Club to accommodate more events such as golf receptions, weddings, end-of-life celebrations, and other private parties. The current CIP budget for the Event Pavilion is $600,000.

However, after an initial feasibility review, this project will require additional funding. In response, AGC is proposing, subject to a new agreement for up to 10 years, to assist with the new Event Pavilion by contributing up to $525,000 total, in installments from their annual incentive fee, towards the costs of this project. If staff is directed to work directly with AGC on a new agreement, this is one of the topics and amounts that will be negotiated in the best interest of the golf course operations and keeping within the allowable procedures and process for procurement.

Summary -

As a result of AGC’s performance since July 1, 2019 as measured by the continual annual postings of positive revenues, the positive feedback from the recent customer survey, and the proposal by AGC to assist with funding the facility (e.g. event space improvements), staff recommends receiving approval from the City Council to enter into negotiations to continue the management of the golf operations by American Golf Corporation through a new negotiated Agreement. The new negotiated terms, Agreement, and cost will be brought back to the City Council for review, comments, edits, and final approval.

Alternative -

As an alternative to negotiating directly with AGC, staff would produce a RFP and solicit for proposals to be evaluated. Staff does not recommend this option because AGC has proven their qualifications and performance and there 331
is no guarantee that the RFP process would result in an operator that could equal or better the success of AGC. Therefore, staff recommends approval to enter into negotiations for a new agreement and save the time and resources that will be required for the RFP process.

STRATEGIC PRIORITIES

This agenda item supports Economic Development strategy. The purpose of Economic Development strategy is to focus on the retention and expansion of Oxnard businesses by increasing the skills and employability of our local workforce, invite new business investments, and target site-based redevelopment opportunities.

FINANCIAL IMPACT

There is no direct financial impact with approving this recommendation. River Ridge Golf Course operates as an Enterprise Fund. Therefore, operational expenses are paid through golf course revenues with no impact on the General Fund. The cost for the new golf management agreement by AGC, or another operator, will be presented to the City Council for approval at a future Council meeting and will remain an operations cost of the Golf Enterprise Fund.

COMMITTEE OUTCOME

The Public Works and Transportation Committee was scheduled to consider this item on January 9, 2024. That meeting was canceled and the item is being brought directly to Council for action due to time constraints.

Prepared by: Steve Howlett, Assistant Public Works Director

ATTACHMENTS

1. River Ridge Golf Course User Survey _ SurveyMonkey

2. Presentation

332
River Ridge Survey

QUESTION SUMMARIES DATA TRENDS INDIVIDUAL RESPONSES
Q1 w
Q2 w

1.56% 17

18.35% 200

10.92% 119

38.62% 421

30.55% 333
How often do you play River Ridge Golf Course?
Answered: 1,090 Skipped: 4
TOTAL 1,090
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
3 days or moreper week
1-3 times aweek
3 or moretimes a month
1-3 times amonth
Other (pleasespecify)

ANSWER CHOICES RESPONSES
3 days or more per week
1-3 times a week
3 or more times a month
1-3 times a month
ResponsesOther (please specify)
How do you rate your most recent round?
Answered: 1,083 Skipped: 11
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Bad
Average
Excellent
1094 responses Share Link COPY
w
333
Q3 w
Q4 w

11.54% 125

65.37% 708

23.08% 250
TOTAL 1,083

ANSWER CHOICES RESPONSES
Bad
Average
Excellent

37.61% 410

62.39% 680
Is River Ridge Golf Course your primary course?
Answered: 1,090 Skipped: 4
TOTAL 1,090
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No

ANSWER CHOICES RESPONSES
Yes
No

26.49% 289

61.96% 676

11.55% 126
Do you live in Oxnard?
Answered: 1,091 Skipped: 3
TOTAL 1,091
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No
Other (pleasespecify)

ANSWER CHOICES RESPONSES
Yes
No
ResponsesOther (please specify) 1094 responses Share Link COPY w
334
Q5 w
Q6 w

1.74% 19

8.25% 90

29.24% 319

39.78% 434

16.96% 185

4.03% 44
How would you rate the value?
Answered: 1,091 Skipped: 3
TOTAL 1,091
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Very Poor
Poor
Average
Good
Excellent
Other (pleasespecify)

ANSWER CHOICES RESPONSES
Very Poor
Poor
Average
Good
Excellent
ResponsesOther (please specify)
How would you rate the food?
Answered: 1,087 Skipped: 7
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Poor
Average
Good
Excellent
N/A
1094 responses Share Link COPY
w
335
Q7 w
Q8 w

2.21% 24

15.82% 172

33.95% 369

15.55% 169

32.47% 353
TOTAL 1,087

ANSWER CHOICES RESPONSES
Poor
Average
Good
Excellent
N/A

5.35% 58

54.24% 588

40.41% 438
How would you rate the staff?
Answered: 1,084 Skipped: 10
TOTAL 1,084
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Not Friendly
Friendly
Very Friendly

ANSWER CHOICES RESPONSES
Not Friendly
Friendly
Very Friendly
How would you rate the course conditions?
Answered: 1,089 Skipped: 5
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Very PoorQuality
Poor Quality
Average Quality
Good Quality
ExcellentQuality
1094 responses Share Link COPY
w
336
Q9 w
Q10 w

3.95% 43

16.07% 175

34.99% 381

40.13% 437

4.87% 53
TOTAL 1,089

ANSWER CHOICES RESPONSES
Very Poor Quality
Poor Quality
Average Quality
Good Quality
Excellent Quality

56.58% 589

43.42% 452
Do you think the course conditions have improved inthe last three (3) years? Answered: 1,041 Skipped: 53
TOTAL 1,041
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No

ANSWER CHOICES RESPONSES
Yes
No

26.59% 289
Are you a Players Club Member?
Answered: 1,087 Skipped: 7
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Yes
No

ANSWER CHOICES RESPONSES
Yes
1094 responses Share Link COPY
w
337
Golf Management Agreement
Public Works & Transportation Committee, January 9, 2024 City Council, February 6, 2024
Steve Howlett
Assistant Director of Public Works
338
That the Public Works & Transportation Committee
recommend that the City Council authorize staff to enter into negotiations with American Golf Corporation for a new
Agreement to manage the River Ridge Golf Club operations.

RECOMMENDATION 2
339
That the City Council authorize staff to enter into negotiations with American Golf Corporation for a new Agreement to
manage the River Ridge Golf Club operations.

RECOMMENDATION 3
340
• The City of Oxnard owns the River Ridge Golf Club (“golf operations”), a municipal golf course under the supervision of the Public Works Department.
• The golf operations consist of two 18-hole golf courses that are currently operated under contract by American Golf
Corporation (“AGC”).
• AGC was awarded the management agreement
(“Agreement”) that began on July 1, 2019 and will expire on June 30, 2024.

BACKGROUND 4
341
• With the pending expiration of the AGC Agreement, which will occur on July 1, 2024 for the management of the golf operations, staff has been identifying options for a new agreement with a vendor to operate the golf course
enterprise.

• Generally two options are available for a third-party vendor to manage the golf operations:
• send out a new Request For Proposals (RFP) for all
vendors to submit individual proposals, or
• directly negotiate with the existing vendor based upon certain criteria.

DISCUSSION 5
342
• The Public Works Department has confirmed with the City’s Purchasing Agent, per Article 4-52 of the City Code for Trade and Professional Services, that the City may enter into new negotiations with AGC based upon their
performance of managing the golf operations during the
current Agreement.
• Staff has identified three key elements to make this
recommendation to the City Council. These include:
financial stability/viability, customer satisfaction, and the condition of the golf course.

DISCUSSION 6
343
Financial

• The golf operations have been profitable during each
operating year of AGC’s management. This includes:
• $2.2 million in FY 2020-21 (COVID)
• $1.8 million in FY 2021-22 (COVID)
• $1.5 million in FY 2022-23
The declining net revenues for each fiscal year are directly associated with the increases for living wage, prevailing wage, and the increasing costs of utilities and goods and services.

DISCUSSION 7
344
• To generate more revenue, the golf course green fees were increased by an average of $5 per round beginning on July 1, 2023.
• The FY 2023-24 Golf Annual Plan had projected revenues of $6.1 million. However, after the first half of this fiscal year, the revenues are now projected to exceed $7 million.

• The net revenue amounts posted by AGC for the golf
course operations was not seen under the previous golf
course operator and agreement.

DISCUSSION 8
345
• The net revenues for each fiscal year remain with the Golf Enterprise Fund as the Fund Balance. The Fund Balance is the accumulation of operating surpluses that includes the annual net revenues.
• At the completion of each fiscal year, these surpluses are transferred into this fund and can only be used for the operations and improvements of the golf operations.

DISCUSSION 9
346
• For best management practice, per Council policy, the Fund Balance reserves $1.4 million to cover six months of golf operating expenses. Therefore, the Golf Enterprise
available fund balance, in excess of the Council policy, as of June 30, 2023 is $3.3 million.

DISCUSSION 10
347
Customer Satisfaction
• Between October 10, 2023 and December 10, 2023, a
customer survey was conducted to measure the satisfaction of golf course users based on the management by AGC.

• This survey was targeted to actual golf course users who are on the email list for the River Ridge Golf Club. A
computer was provided in the pro shop for customers to
take the survey in person.

DISCUSSION 11
348
• The survey results were calculated from 1,094 customers. It is interesting to note that 62% of the golf course customers are not residents of the City of Oxnard, and 64% of the customers do not consider River Ridge to be their primary course.
• In terms of value, 55% of the users surveyed consider the golf course to be a good or excellent value, while 29%
consider it a fair value, and only 2% consider it a poor value.
• In response to the friendliness of staff, 95% of the
customers surveyed consider the staff to be “Friendly” to “Very Friendly”.

DISCUSSION 12
349
Course Conditions and Improvements

• In terms of the golf course conditions, 35% consider the golf course conditions to be in “Average Quality”, 40 % “Good Quality”, and 5% “Excellent Quality”.

• Finally, 58% of the users consider the golf course to be in better condition than it was three years ago.

DISCUSSION 13
350
• In FY 2022-23, the golf operations generated over $400,000 for receptions and events. Currently, there are $328,000 in deposits and contracts for scheduled receptions and events with another six months remaining in this fiscal year.
• To accommodate more services that will generate more
revenue, the City has a Capital Improvement Project (CIP) to construct a new Event Pavilion at the River Ridge Golf Club to accommodate more events such as golf receptions, weddings, end-of-life celebrations, and other private parties.

• The current CIP budget for the Event Pavilion is $600,000.

However, after an initial feasibility review, this project will require additional funding.

DISCUSSION 14
351
• In response, AGC is proposing, subject to a new agreement for up to 10 years, to assist with the new Event Pavilion by contributing up to $525,000 total, in installments from their annual incentive fee, towards the costs of this project.

• If staff is directed to work directly with AGC on a new agreement, this is one of the topics and amounts that will be negotiated in the best interest of the golf course operations and keeping within the allowable procedures and process for procurement.

DISCUSSION 15
352
Summary
• As a result of AGC’s performance since July 1, 2019 as measured by the continual annual postings of positive
revenues, the positive feedback from the recent customer survey, and the proposal by AGC to assist with funding the facility (e.g. event space improvements), staff recommends receiving approval from the City Council to enter into
negotiations to continue the management of the golf
operations by American Golf Corporation through a new
negotiated Agreement. The new negotiated terms,
Agreement, and cost will be brought back to the City
Council for review, comments, edits, and final approval.

DISCUSSION 16
353
Alternative
• As an alternative to negotiating directly with AGC, staff would produce a RFP and solicit for proposals to be
evaluated. Staff does not recommend this option because AGC has proven their qualifications and performance and there is no guarantee that the RFP process would result in an operator that could equal or better the success of AGC.

Therefore, staff recommends approval to enter into
negotiations for a new agreement and save the time and
resources that will be required for the RFP process.

DISCUSSION 17
354
There is no direct financial impact with approving this recommendation. River Ridge Golf Course operates as an
Enterprise Fund. Therefore, operational expenses are paid through golf course revenues with no impact on the General Fund. The cost for the new golf management agreement by AGC, or another operator, will be presented to the City Council for approval at a future Council meeting and will remain an operations cost of the Golf Enterprise Fund.

FINANCIAL IMPACT 18
355

QUESTIONS
19 356

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. L.5

DATE: February 6, 2024

TO: City Council

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

SUBJECT: First Amendment to Trade Services Agreement 32300370 with R.A. Atmore & Sons, Inc. for Citywide On-Call Abatement Services. (10 minutes)

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute a First Amendment to a Trade Services Agreement with R.A. Atmore & Sons, Inc. to increase the not to exceed amount from $200,000 to $1,400,000 through June 30, 2025, for citywide on-call abatement services.

(The Public Works and Transportation Committee was scheduled to consider this item on January 9, 2024. That meeting was canceled and the item is being brought directly to Council for action due to time constraints.)

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

BACKGROUND

From 2009 to 2023, the County of Ventura (County) provided work release crews to the City of Oxnard to assist the Public Works Department with various maintenance tasks, including medians, weed abatement, and debris removal. This program provided an eight-person crew for $550 per day, including transportation to and from the job sites. However, the County restructured its work release program to remove its daily law enforcement oversight and transportation. The crews were allowed to continue providing services if the City was willing to be responsible for the oversight of the workers and their transportation to the job sites. The program responsibility by the City without the oversight of law enforcement resulted in the services ending between the County and the City in May 2023. Community Development ran a Request for Bid (RFB) CD23-90 that closed in March 2023. The result of the RFB award is an on-call abatement services agreement with R.A. Atmore & Sons, Inc. to support Code Compliance and the Housing Department with various types of abatement services, including vegetation abatement, debris abatement, and health and safety violation abatement. The current abatement agreement with R.A. Atmore & Sons, Inc. was established by Community Development for $200,000.

DISCUSSION

Staff in Public Works and Community Development collaborated to review the previously released RFB and current contract to ensure that the services that Public Works was in search of were covered in the scope of the current on-call abatement agreement. Staff also met with representatives from R.A. Atmore & Sons, Inc. to ensure the company had an understanding and ability to meet the additional needs of the City.

In the Fiscal Year 2023-24 Council-approved Budget, the Public Works Department was provided an additional $325,000 to support right-of-way abatement efforts in various locations of the City, including alleyways, City properties, and other City right-of-way locations. With the ending of the services typically provided by the County work release crews, staff was tasked with finding alternative solutions to ensure these services are continued throughout the City.

The Housing Department has identified established homeless encampments to be cleaned up during FY 2024 utilizing 357
funds provided by the Department of Housing and Urban Development (HUD).

City staff has determined that amending the current agreement to $1,400,000 will allow Public Works, Community Development, Housing, and any other departments requesting abatement services covered under the scope of work the ability to utilize this agreement. This will help to ensure City staff can address these items in an efficient and effective manner. Streets and other Public Works divisions will utilize these abatement services covered under this agreement within the City’s right-of-way responsibility during the remainder of the agreement term.

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 the First Amendment with R.A. Atmore & Sons, Inc. shall not exceed $1,200,000 through June 30, 2025 with a new total not to exceed contract value of $1,400,000. There are funds in the Fiscal Year 2023-24 Council- approved budget in the Streets and Parks divisions for these abatement services. Subsequent fiscal year funding will be requested in the annual budget process.

R.A. Atmore & Sons, Inc./Agreement No. 32300370
Spending Plan
Division Account FY 2023-24 FY 2024-25 Total
Streets 1013401-53200 $140,000 $140,000 $280,000
Parks 1013301-53200 $185,000 $185,000 $370,000
Community Development 1014103-53200 $100,000 $100,000 $200,000 Housing 1018103-53200 $75,000 $75,000 $150,000
Housing -HUD 2018101-53200- G2015 $290,000 - $290,000
As-needed Various $55,000 $55,000 $110,000
TOTAL $845,000 $555,000 $1,400,000

COMMITTEE OUTCOME

The Public Works and Transportation Committee was scheduled to consider this item on January 9, 2024. That meeting was canceled and the item is being brought directly to Council for action due to time constraints.

Prepared by: Steve Howlett, Assistant Public Works Director, Philip Schwieder, Streets Division Manager

ATTACHMENTS

1. First Amendment Agreement 32300370

2. Agreement 32300370

3. Presentation

358
FIRST AMENDMENT TO TRADE SERVICE AGREEMENT (V-01-17-19) Agreement No. 32300370

FIRST AMENDMENT TO TRADE SERVICE AGREEMENT
This First Amendment (“First Amendment”) to the Trade Service Agreement (“Agreement”) is made and entered into in the County of Ventura, State of California, this ______ day of __________, 20___, by and between the City of Oxnard, a municipal corporation (“City”), and R.A. Atmore & Sons, Inc. (“Vendor”). This First Amendment amends the Agreement entered into on May 1, 2023, by City and R.A. Atmore & Sons, Inc..

City and Vendor agree as follows:

1. The agreement amount in Section 4 of the Agreement is hereby amended to “$1,400,000.”

2. The following language is added to Section 29 of this Agreement:
“IRAN CONTRACTING ACT.

In accordance with the Iran Contract Act of 2010 (Public Contract Code section 2200-2208) CITY requires that an SERVICE PROVIDER that submits a proposal or otherwise proposes to enter into or renew a contract with CITY with respect to goods or services of one million dollars ($1,000,000) or more, must certify, that the SERVICE PROVIDER 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 SERVICE PROVIDER is ineligible to enter into any contract with CITY for goods or services of one million dollars ($1,000,000) or more if the SERVICE PROVIDER engages in investment activities in Iran. SERVICE PROVIDER 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.”

3. The “Iran Contract Act Certification” is hereby attached to the Agreement at “Exhibit F.” The Iran Contract Act Certification form is attached hereto and incorporated herein by this reference.

4. As so amended, the Agreement remains in full force and effect. [Signatures on next page]
359
Agreement No. 32300370

FIRST AMENDMENT TO TRADE SERVICE AGREEMENT (V-01-17-19)

IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.

CITY OF OXNARD R.A. ATMORE & SONS, INC.

☐John C. Zaragoza, Mayor1 Date Richard A. Atmore, President Date ☐Jennifer Yates, Purchasing Agent 2

George Atmore, Secretary 3 Date
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. 360
Agreement No.32300370
FIRST AMENDMENT TO TRADE SERVICE AGREEMENT (V-01-17-19) 2 EXHIBIT F 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 services 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): By (Authorized Signature):

Printed Name & Title of Person Signing:

Federal ID Number (or n/a):

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.

Company Name/Financial Institution (printed):

By (Authorized Signature):

Printed Name & Title of Person Signing:

Executed in the County of
Federal ID Number (or n/a):

Date Executed

in the State of
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393
First Amendment to Trade Services Agreement
32300370 with R.A. Atmore & Sons, Inc. for
Citywide On-Call Abatement Services
Public Works and Transportation Committee
January 9, 2024
City Council
February 6, 2024
Philip Schwieder, Streets Division Manager
Public Works Department
394
RECOMMENDATION 2
That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute a First Amendment to a Trade Services Agreement with R.A. Atmore & Sons, Inc. to increase the not to exceed amount from $200,000 to $1,400,000 through June 30, 2025, for citywide on-call abatement services.
395

BACKGROUND
• From 2009 to 2023, the County of Ventura (County) provided work release crews to the City of Oxnard to assist the Public Works Department with a variety of maintenance tasks,
including medians, weed abatement, and debris removal
• The County restructured their work release program resulting in services ending between the County and the City in May 2023
• Removed its daily law enforcement oversight and transportation • Community Development ran a request for bid (RFB) CD23-90 that closed in March 2023. The result of the RFB award is an on-call abatement services agreement with R.A. Atmore & Sons, Inc. to support Code Compliance and the Housing Department 3 396

DISCUSSION
• Staff in Public Works and Community Development collaborated to review the previously released RFB and current contract to ensure that the services that Public Works was in search of were covered in the scope of the current on-call abatement agreement
• In the FY 2023-24 Council-approved Budget, Public Works was provided $325,000 to support right-of-way abatement efforts • City Staff has determined that amending the current agreement to $1,200,000 will allow Public Works, Community
Development, Housing, and any other departments requesting abatement services covered under the scope of work have the ability to utilize this agreement
4 397

DISCUSSION
• The amendment will help to ensure City staff can address abatement items in an efficient and effective manner during the remainder of the agreement term.
5 398
DISCUSSION 6
399
DISCUSSION 7
400

FINANCIAL IMPACT
• The total cost for the First Amendment with R.A. Atmore & Sons, Inc. shall not exceed $1,200,000 through June 30, 2025 with a new total not to exceed contract value of $1,400,000 • There are funds in the Fiscal Year 2023-24 Council-approved budget in the Streets and Parks divisions for these abatement services
• Subsequent fiscal year funding will be requested in the annual budget process
8 401
FINANCIAL IMPACT 9
R.A. Atmore & Sons, Inc./Agreement No. 32300370
Spending Plan
Division Account FY 2023-24 FY 2024-25 T otal
Streets 1013401-53200 $140,000 $140,000 $280,000
Parks 1013301-53200 $185,000 $185,000 $370,000
Community
Development 1014103-53200 $100,000 $100,000 $200,000
Housing 1018103-53200 $75,000 $75,000 $150,000
Housing - HUD 2018101-53200-
G2015 $290,000 - $290,000
As-needed Various $55,000 $55,000 $110,000
TOTAL $845,000 $555000 $1,400,000
402
End of Presentation
403

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. L.6

DATE: February 6, 2024

TO: City Council

FROM: Jeff Pengilley, Community Development Director, (805) 385-8208, [email protected]

SUBJECT: On-Call Consulting Services for Community Development. (10 minutes)

RECOMMENDATION

That the City Council:

1. Approve and authorize the execution of a Second Amendment to the Agreement with Rincon Consultants, Inc. for on-call contract planning services, increasing the agreement amount by $500,000 for a total agreement amount of $1,750,000; and

2. Approve and authorize the execution of a First Amendment to the Agreement with CSG Consultants, Inc. for on- call contract planning services, increasing the agreement amount by $250,000 for a total agreement amount of $500,000.

(The Community Services, Public Safety, Housing & Development Committee was scheduled to consider this item on 1/9/2024. That meeting was canceled and the item is being brought directly to Council for action due to time constraints.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/dcZpnas3Z3s

BACKGROUND

Community Development has been utilizing professional on-call planning service in an effort to mitigate the ongoing staff shortages, extended processing timelines, a backlog of projects, and address legislative mandates. For the Planning Division, this is further exacerbated by an increase in the number of various types of permits due to changes in State laws.

While the long-term business model for Community Development is to continue to fill vacant positions and perform permit processing work in-house, there has been a persistent backlog due to staff shortages that will require the continued use of consulting on-call planning for the next few fiscal years. As of December 1st, there are four vacant Planning Division positions. Staff anticipates that the need for consulting on-call services will taper off as vacant positions are filled and new employees are trained.

Community Development uses the following for on-call planning:

Consultant Services Term Contract NTE
Rincon On call Planning, environmental
reviews, long-range planning
July 2021 - June
2024
$1,250,000*
CSG On call Planning July 2021 - June
2024
$250,000**
404
Interwest On call Planning, Development plan
check
February 2022 -
February 2025
$1,100,000***

*Subject report recommends increase to $1,750,000
** Subject report recommends increase to $500,000
***Total includes funds for Building and Engineering Division Development Plan Check Services. No changes proposed to this contract.

DISCUSSION

In the Planning Division, contract planning staff, through on-call agreements (“contract planners”), are primarily used for:
a. augmentation of Planning staff for the processing of more complex development projects; as well as programs, ordinance, or policy development to support long range planning work efforts; and b. assistance with interdepartmental projects and/or departmental project management.

The use of contract planners through on-call agreements allows Planning the ability to respond quickly to these various types of work when full-time staff is not available.

Over the past few years, contract planners have been utilized to work primarily on “deposit based” permits, which may include environmental work. Deposit-based permits, means the cost of the contract planners is 100% covered by the applicant. Some examples of projects assigned or completed by contract planners include:
• Sakioka Farms Implementation and Monitoring - Monitoring and CEQA compliance for the buildout of the 430 acres Sakioka Farms development.
• Wagon Wheel (Oxnard Boulevard & Wagon Wheel Road) - 1,500 dwelling units and 50,300 sq. ft of commercial • Avalon Homes (Wooley Road & Edison Canal) - Development of a 56 dwelling unit condominium housing project
• South Oxnard Aquatics Center - Development of Aquatic Center with competition and instructional pools and recreational play areas
• Campus Park Activation Project - Development of new 30 acre park with skate park, playground, dog park, Pelota, and other passive recreational uses
• Lockwood 3 Apartments Project - Development of a new 234 dwelling unit apartment project. • Ives Apartments Project - Development of a new 78 dwelling unit apartment project • Zoning Text Amendments Implementing the 2021-2029 Housing Element - Code amendment to implement the City of Oxnard certified and Adopted Amended 2021-2029 Housing Element, Programs 6, 9, 22, 27 and 32 that call for specific updates to the City’s zoning code to comply with current state housing laws

While progress has been made over the last year with four of eight current planning positions being filled since December of last year, the requested increases and extensions are still necessary for the processing of more complex projects, as it has continued to be difficult to fill the higher level positions, as well as to allow for the completion of projects already underway by both Rincon and CSG.

Additionally, contract planners in tandem with Long Range Planning & Sustainability staff are assisting in managing a number of complex long-range projects such as: Implementation of programs in the City’s 6th cycle Amended Adopted Housing Element; updating the City’s Inclusionary Housing Ordinance; updating of the City’s California Environmental Quality Act (CEQA) Guidelines, including development of the City’s Vehicle Miles Traveled (VMT) approach; preparation, submittal and management of housing and sustainability-related grant projects to support long range planning and sustainability initiatives such as Senate Bill 2 Housing/Planning, Local Early Action Planning (LEAP), and Southern California Association of Government (SCAG) Housing Infill Planning Grants. These grants total approximately $2.2 million, of which a portion of the funds have been used to fund contract planning staff. These grant funds continue into 2026. In the next few years, as a result of Federal and State mandates to address climate change, sustainability, housing mandates, and other legislative changes, staff anticipates utilizing contract planners to assist in writing, applying for, and managing additional grant projects.
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Rincon

As a result of a competitive Request for Qualifications (RFQ) process, in July 2021 the City entered into a contract with Rincon Consultants, Inc. (“Rincon”) for contract planners, including long range planning efforts.

Planning’s use of contract planners has outpaced the current Agreement with Rincon Consultants, Inc. to the extent that the current agreement has nearly been fully encumbered as of November 2023; thus, an increase in the total agreement amount is being sought. The Second Amendment includes a one year extension and an increase to the agreement by $500,000.

CSG

As a result of a competitive Request for Qualifications (RFQ) process, in July 2021 the City entered into a contract with CSG Consultant, Inc. (“CSG”) for contract planners.

Planning’s use of contract planners has outpaced the current Agreement with CSG Consultants, Inc. to the extent that the current agreement has nearly been fully encumbered as of November 2023; thus, an increase in the total agreement amount is being sought. The First Amendment includes a one-year extension and an increase to the agreement by $250,000.

ERP Impact

In addition to the plan check backlog effort, Community Development will begin the implementation of the new ERP software (EnerGov) that will replace our current computer software starting in January 2024. This effort will require additional professional consulting services from on-call consultants to offset the significant staff time the ERP implementation will require. We anticipate using all approved and available on-call contract services in this effort.

STRATEGIC PRIORITIES

This agenda item supports Economic Development strategy. The purpose of the Economic Development strategy is to focus on the retention and expansion of Oxnard businesses by increasing the skills and employability of our local workforce, invite new business investments, and target site-based redevelopment opportunities.

FINANCIAL IMPACT

There is no financial impact associated with this agenda item. Planning collects permit revenue which helps to offset the contract expenses and their impact to the General Fund. Additionally, grant funds have the potential to offset contract planning staff hours. There is sufficient FY23-24 funding available in the Planning Division’s General Fund operating budget and various project accounts to fund these agreements. Any necessary funding in future fiscal years will be included in the recommended budget.

For Finance Use Only: General Fund (Org. 1014101 Obj. 53200)

COMMITTEE OUTCOME

The Community Services, Public Safety, Housing & Development Committee was scheduled to consider this item on 1/9/2024. That meeting was canceled and the item is being brought directly to Council for action due to time constraints.

Prepared by: Joe Pearson II, AICP, Planning & Environmental Services Manager, Kathleen Mallory, Planning & Sustainability Manager

ATTACHMENTS

1. Second Amendment Rincon Consultants, Inc

2. First Amendment Rincon Consultants, Inc

3. Original Agreement #9201-21-CD with Rincon Consultants, Inc.

4. First Amendment CSG Consultants, Inc
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5. Original Agreement #9202-21- CD with CSG Consultants, Inc

6. Presentation

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Agreement No. 9201-21-CD

SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES

This Second Amendment (“Second Amendment”) to the Agreement for Professional Services (“Agreement”) is made and entered into in the County of Ventura, State of California, this ______ day of ____________, 2024, by and between the City of Oxnard, a municipal corporation (“City”), and Rincon Consultants, Inc. (“Consultant”). This Second Amendment amends the Agreement entered into on July 1, 2021, by City and Consultant. The Agreement previously has been amended on January 3, 2023, by a First Amendment.

City and Consultant agree as follows:

1. The date in Section 5 of the Cover Page is hereby amended to “June 30, 2025 - with 1-one year renewal option extending to June 30, 2026”.

2. The amount in Section 6 of the Cover Page of the Agreement is hereby amended to $1,750,000.

3. As so amended, the Agreement remains in full force and effect.

[Signatures on next page]
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Agreement No. 9201-21-CD

IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the date first written above.

CITY OF OXNARD CONSULTANT

☐John C. Zaragoza, Mayor1 Date Jennifer Haddow, Principal/ Date ☐Jennifer Yates, Purchasing Agent 2 Vice President

John F. Dreher, Jr., President/ Date
CEO3

ATTEST:

Rose Chaparro, City Clerk Date

APPROVED AS TO FORM:

Stephen M. Fischer Date
City Attorney

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. 409
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Agreement No. 9202-21-CD

FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES

This First Amendment (“First Amendment”) to the Agreement for Professional Services (“Agreement”) is made and entered into in the County of Ventura, State of California, this ______ day of ____________, 2024, by and between the City of Oxnard, a municipal corporation (“City”), and CSG Consultants, Inc. (“Consultant”). This First Amendment amends the Agreement entered into on July 1, 2021, by City and Consultant.

City and Consultant agree as follows:

1. The date in Section 5 of the Cover Page is hereby amended to “June 30, 2025 – with 1-one year renewal option extending to June 30, 2026”.

2. The amount in Section 6 of the Cover Page of the Agreement is hereby amended to $500,000.

3. As so amended, the Agreement remains in full force and effect.

[Signatures on next page]
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Agreement No. 9202-21-CD

IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the date first written above.

CITY OF OXNARD CONSULTANT

☐John C. Zaragoza, Mayor1 Date Cyrus Kianpour, President Date ☐Jennifer Yates, Purchasing Agent 2

Nourdin Khayata, Secretary3 Date

ATTEST:

Rose Chaparro, City Clerk Date

APPROVED AS TO FORM:

Stephen M. Fischer Date
City Attorney

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. 434
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On-Call Consulting Services
for Community Development
Jeff Pengilley, Director, Community Development Department Joe Pearson II, AICP, Planning & Environmental Services Manager Kathleen Mallory, AICP, Planning & Sustainability Manager City Council
February 6, 2024
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Background 2
• Due to limited staffing levels and increases in the number of some permit types, there has been a continued need for consultant work. • Community Development uses the following for on-call planning:

Consultant Services Term Contract
NTE
Rincon On call Planning,
environmental reviews,
long-range planning
July 2021-June 2024 $1,250,000*
CSG On call Planning July 2021-June 2024 $250,000**
Interwest On call Planning,
Development plan check
February 2022-February 2025 $1,100,000***
*Subject report recommends increase to $1,750,000
** Subject report recommends increase to $500,000
***Total includes funds for Building and Engineering Division Development Plan Check Services. No changes proposed to this contract.
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Work Assigned To On-Call Consultants - Planning 3
• Contract planners have been utilized to work primarily on “deposit based” permits. • Some examples of projects assigned to contract planners include:
○ Developer Funded:
■ Sakioka Farms Implementation and Monitoring - Monitoring and CEQA compliance for the buildout of the 430 acres Sakioka Farms development.
■ Wagon Wheel (Oxnard Boulevard & Wagon Wheel Road) - 1,500 dwelling units, and 50,000 sq. ft of commercial
■ Avalon Homes (Wooley Road & Edison Canal) - Development of a 56 dwelling unit condominium housing project
■ South Oxnard Aquatics Center - Development of Aquatic Center with competition and instructional pools and recreational play areas
■ Campus Park Activation Project - Development of new 30 acre park with skate park, playground, dog park, Pelota, and other passive recreational uses ■ Lockwood 3 Apartments - Development of a new 234 dwelling unit apartment project. ■ Ives Apartments Project - Development of a new 78 dwelling unit apartment project ■ Approximately ten various projects
○ Grant Funding Projects:
■ SB2 Grant - $625,000 in grant funding
■ Local Early Action Planning (LEAP) Grant -$500,000 in grant funding ■ Zoning Text Amendments Implementing the 2021-2029 Housing Element - Code amendment to implement the City of Oxnard certified and Adopted Amended 2021-2029 Housing Element, Programs 6, 9, 22, 27 and 32 that call for specific updates to the City’s zoning code to comply with current state housing laws
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Rincon Consultants, Inc.
• July 2021 - the City entered into a contract with Rincon Consultants, Inc. (“Rincon”) for on-call permit processing and planning services, including long range planning efforts.
• Planning’s use of on-call services has outpaced the current Agreement with Rincon Consultants, Inc. to the extent that the current agreement has nearly been fully encumbered as of November 2023; thus, an increase in the total agreement amount is being sought. The agreement is also set to expire in June 2024, so a one year extension is being requested as well.
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CSG Consultants, Inc.
• July 2021 - the City entered into a contract with CSG Consultants, Inc. (“CSG”) for on-call permit processing and planning services, including long range planning efforts.
• Planning’s use of on-call services has outpaced the current Agreement with CSG Consultants, Inc. to the extent that the current agreement has nearly been fully encumbered as of November 2023; thus, an increase in the total agreement amount is being sought. The agreement is also set to expire in June 2024, so a one year extension is being requested as well.
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ERP Impact
• Community Development will begin the implementation of the new ERP software (EnerGov) that will replace our current computer software starting in January of 2024.
• This effort will require additional professional consulting services from on-call consultants to offset the significant staff time the ERP implementation will require.
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Financial Impact 7
● Cost of the agreement with Rincon for on-call services will total $1,750,000.
● Cost of the agreement with CSG for on-call services will total $500,000. ● Budget appropriations are sufficient and available in the Planning Division’s operating budget and various projects to fund these agreements.
● Amendment may also be funded by developer deposits received to date and additional future deposits, grant funding, General Plan Maintenance Fee funds (GPMF), and funding from other City departments for specific projects.
● Planning collects permit revenue which helps to offset the contract expenses and their impact to the General Fund.
○ FY 2021-2022 and FY 2022-2023 = $1,329,239 and $1,101,102 in total General Fund revenue.
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Recommendation 8
That the City Council:

1. Approve and authorize the execution of a Second Amendment to the Agreement with Rincon Consultants, Inc. for on-call contract planning services, increasing the agreement amount by $500,000 for a total agreement amount of $1,750,000;

2. Approve and authorize the execution of a First Amendment to the Agreement with CSG Consultants, Inc. for on-call contract planning services, increasing the agreement amount by $250,000 for a total agreement amount of $500,000
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CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. L.7

DATE: February 6, 2024

TO: City Council and Housing Authority

FROM: Emilio Ramirez, Housing Director, (805) 385-8094, [email protected]

SUBJECT: Accessibility Remodel Project at Colonia Site. (15 minutes)

RECOMMENDATION

That the Board of Commissioners of the Housing Authority of the City of Oxnard:

1. Approve and authorize the Housing Director to execute a firm-fixed price contract in the amount of $2,418,020 with MDJ Management (Agreement Number A-8544) using funds from the Housing Authority of the City of Oxnard’s Business Activities Fund, for properties located at 1040, 1070-C, 1100-B, 1130 E. Colonia Road; and

2. Authorize the Housing Director to execute the work order(s) for work to be performed.

(This item did not originate in Committee. The project was included in the Housing Authority of the City of Oxnard’s Capital Fund Program Five-Year Action Plan which was approved by the Board of Commissioners of the Housing Authority of the City of Oxnard on April 6, 2021.)

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

BACKGROUND

This project is part of a multi-phase conversion project that will bring the Housing Authority of the City of Oxnard into compliance with Section 504 of the American Disabilities Act, which establishes a minimum number of dwelling units that must be accessible for individuals with disabilities. As a result of the demolition of units at Colonia Village, the Housing Authority of the City of Oxnard lost forty-four accessible units.

The Housing Authority of the City of Oxnard must convert a minimum of eighteen units to be compliant with the American Disabilities Act. The units to be converted have been selected from each public housing site based on ease of conversion, availability of space and cost effectiveness. Two units have been converted into 504 compliant units at the Pleasant Valley public housing site and five units have been converted at the Palm Vista public housing site. Currently, there is a 504 compliant unit conversion underway at the Althea, Fashion Park and Concord public housing sites. After the proposed units are converted, the Housing Authority of the City of Oxnard will have met the minimum required number of units.

This project involves the accessibility remodel of existing, two-story, five-bedroom and four-bedroom units, which will each be converted into two units. The first-floor unit will be 504 compliant and the second unit will be a regular unit.

Once work is completed, there will be four regular two-bedroom units and four 504 compliant one-bedroom units. This conversion project was anticipated and planned for in the Housing Authority of the City of Oxnard’s Capital Fund Program Five-Year Action Plan originally adopted on April 6, 2021.

DISCUSSION
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The Housing Authority of the City of Oxnard is a member of Sourcewell (formerly known as the National Joint Powers Alliance), which competitively bids construction tasks with pre-set unit prices and specifications for general construction services including materials, equipment, and labor costs. The California Government Code authorizes public agencies to participate in cooperative purchasing agreements like those established by Sourcewell, while still complying with the local procurement policies. This project is subject to wage requirements of the Davis-Bacon and Related Acts (29 CFR Part 5) and the Section 3 Act of 1968 (24 CFR Part 75).

Staff engaged Gordian, which is authorized by Sourcewell to provide consulting services, to procure a general contractor to complete the contemplated renovation work.

A description of the proposed accessibility remodels at the Colonia site includes:

1. Demolition of existing apartments

2. Saw cutting of slab, demolition of concrete, and excavation for new plumbing

3. All framing, drywalling, interior paint, flooring, and medium density fiberboard baseboards

4. New electrical and plumbing rough

5. Concrete work

6. HVAC ductwork, registers, wall heaters

7. New windows, doors, insulation, flooring, kitchens, countertops, fixtures, sinks, appliances, and bathroom fixtures

8. All new LED lighting throughout

9. Lath, stucco, exterior paint of building

10. Site Work: new sidewalks, handicap ramp with truncated domes, handicap striping, signage of handicap stall

11. Remove and replace: all outlets, switches, interior doors

12. Clean up existing backyard

13. Remove and replace one section of existing fence to meet ADA width requirements

MDJ Management submitted proposals for the amount of $604,505.00 per unit to be remodeled. Staff reviewed proposals and recommend approval.

STRATEGIC PRIORITIES

This agenda item supports the Quality of Life strategy. The purpose of the Quality of Life strategy is to restore and increase quality services and programs that enrich Oxnard's diverse community, promotes safe neighborhoods, encourages community engagement, and supports our residents in their efforts to improve their quality of life.

FINANCIAL IMPACT

There is no impact to the City General Fund. This project and expense was approved in the 2021 Five Year Action Plan.

That approval authorized the Housing Director to accept and expend funds as indicated in the Five-Year Action Plan. To keep this multiphased project on schedule, staff will utilize available funds from the Housing Business Activities Fund (BAF). As of January 24, 2024, the BAF fund has approximately $2,740,020. There is sufficient funding to cover the cost of the agreement. After the cost of this agreement, the remaining BAF balance will be $322,000.

It is anticipated that the Oxnard Housing Authority will receive the annual HUD Capital Fund Grant (CFG) by April 1, 2024. If awarded by HUD, and approved by Board of Commissioners of the Housing Authority of the City of Oxnard, staff will utilize the CFG rather than the BAF funds.

COMMITTEE OUTCOME

This item did not originate in Committee. The project was included in the Housing Authority of the City of Oxnard’s Capital Fund Program Five-Year Action Plan which was approved by the Board of Commissioners of the Housing Authority of the City of Oxnard on April 6, 2021.

Prepared by: Emilio Ramirez, Housing Director

ATTACHMENTS
463

1. Agreement A_8544

2. Presentation

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1 CAPITAL IMPROVEMENT CONTRACT

Contract No: A-8544
Name of Contractor: MDJ Management
Address: 531 Main Street, #611, El Segundo, CA 90245

Project description: Colonia Road Apartments ADA Conversion

This Capital Improvement Contract (“Contract”) is made at Oxnard, California, as of this 6th day of February 2024 between the City of Oxnard Housing Authority, called herein the “Authority”, and the above-named contractor (“Contractor”) for the construction of the capital improvement project described herein. The parties hereto agree as follows:

I. Type of Contract

This contract is a firm- fixed price contract as defined by 2CFR Part 200 and the Department of Housing and Urban Development (HUD) Handbook 7460.8, Rev. 2.

2. Contract Price

Contractor shall perform the scope of work per the detailed scope of work per approved plans submitted for the ADA unit conversion at 1040, 1070-C, and 1100-B and 1130 E. Colonia Road.

Authority shall pay Contractor, as described in Exhibit A, attached hereto and incorporated herein by this reference, in full payment for said work, the following sum: $2,418,020.

The above sum includes all taxes and the costs of any required bonds.

3. Payment Schedule

Authority shall pay Contractor no later than 30 calendar days after Authority accepts Contractor’s invoices and Authority shall make final payment no later than 60 calendar days after Authority has issued and approved a certificate of completion for the work contemplated herein, provided that the Authority may withhold from progress payments an amount equal to 5 percent of the progress payment and may withhold from final payment an amount sufficient to protect the Authority from disputes equivalent to 150 percent of the value of any disputed amount of work.

4. Scope of Work

Contractor shall furnish all tools, equipment, apparatus, facilities, labor and materials necessary to, and shall perform and complete in a good, safe and workmanlike manner, the work described in the approved plans.

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2 5. Contract Documents

The complete Contract consists of all the following, which are specifically incorporated herein by reference:

a. Change Orders
b. Contract Amendments –
c. This Contract
d. Amendments to HUD Form 5370
e. HUD Form 5370 General Conditions for Construction Contracts – Public Housing Programs
f. Specifications
g. Plans
h. Permits
i. Contractor's bid proposal and list of subcontractors (if applicable). j. Performance and payment bonds as required by the specifications and applicable law. Unless otherwise specified, each such bond shall be 100 percent of the Contract price.
k. Insurance as required by the specifications and applicable law. l. All applicable wage determinations, safety and health regulations, non- discrimination provisions, labor standards, and requirements if the Contract is federally assisted. This includes but is not limited to such items enumerated in the specifications and addenda thereto.

6. Indemnity

Contractor agrees to indemnify, hold harmless and defend Authority, its Commission, and each member thereof, and every officer, employee, representative or agent of Authority, from any and all liability, claims, demands, actions, damages (whether in contract or tort, including personal injury, death at any time, or property damage), costs and financial loss, including all costs and expenses and fees of litigation or arbitration, that arise directly or indirectly form any acts or omissions related to this Agreement performed by Contractor or its agents, employees, Subcontractors, Contractors, and other persons acting on Contractor’s behalf. This agreement to indemnify, hold harmless and defend shall apply whether such acts or omissions are the product of active negligence, passive negligence, willfulness or acts for which Contractor or its agents, employees, subcontractors, consultants and other persons acting on Contractor’s behalf would be held strictly liable.

7. Time for Performance

The time limit for the completion of the work is 720 working days after receipt of the Notice to Proceed.

Contractor shall not perform any work until the Authority issues a Notice to Proceed. Work will be completed within the time limit specified above and in the Notice to Proceed.

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3 8. Acknowledgement

Contractor by signing hereunder acknowledges that he has reviewed all the foregoing documents and agrees with the requirements, conditions and covenants contained therein.

The parties agree that this Agreement may be transmitted and signed by electronic or digital means by either/any or both/all Parties and that such signatures shall have the same force and effect as original signatures, in accordance with California Government Code Section 16.5 and California Civil Code Section 1633.7.

CITY OF OXNARD MDJ MANAGEMENT

HOUSING AUTHORITY

_________________________ ________________________
John C. Zaragoza Matthew McMillon
Chairman President

APPROVED AS TO FORM: APPROVED AS TO INSURANCE:

_________________________ _______________________
Stephen M. Fischer, Rhonda Hodge
Housing General Counsel Housing Finance Officer

APPROVED AS TO COMPLIANCE:

______________________
Rhonda Hodge
Contract Administrator

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4 GENERAL CONDITIONS

Work Hours:

From 8:00 AM to 5:00 PM max. Including 1-hour lunch.

No work is allowed Saturdays, Sundays and during any official holidays.

Safety and Security:

The contractors are required to secure the work area during the work hours, lunch hours, weekends, and holidays. The contractors shall secure and render safe the entire construction area at the end of each working day. Work areas must be well barricaded and flagged, and all precautions should be taken to avoid injury or damage to any person or property and shall protect and indemnify the Housing against any claim or liability arising from or based on the lack of proper safeguards or negligence whether by it or its agents, employees or Subcontractors.

Compliance with all Laws:

The contractors shall comply with all applicable federal, State and local laws, ordinances, codes and regulations in force at the time the contractors perform pursuant to the contract documents.

Project Schedule:

The contractor is expected to complete the job in not to exceed seven hundred twenty (720) working days.

Construction Debris:

Due to the nature of the job, the contractor is responsible for hauling away debris.

Storage Bin
The contractor shall provide bins and/or containers for temporary storage.

Warranty:

The contractor shall warranty the work for a period of One (1) year against workmanship.

Final Walkthrough, and Sign off:

The contractor is required to call for a final walk through with the project manager and/ or the Housing Authority staff after completion of the project. Upon approval, the contractor may bill the Housing Authority for said work. All the payments will be pending obtaining a final sign off from the City inspector and turning in those permits.

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Work Order Signature Document
EZIQC Contract No.: CA-R7-GB-101723-MDJ
New Work Order
124232.00
Modify an Existing Work Order
Work Order
Title:

Work Order Number.: Work Order Date:

X
01/09/2024
Contractor Name:

Contact:

Phone:

Contact:

Phone:

Matt McMillon
310-490-1521
Owner Name:

OHA - 1040 Unit Remodel
Oxnard Housing Authority
Fredi Contreras
805-890-8319
MDJ Management
Work to be Performed
Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of Sourcewell EZIQC Contract No CA-R7-GB-101723-MDJ.

Brief Work Order Description:

Will not apply:Liquidated Damages Will apply:

Estimated Completion Date:

Estimated Start Date: Time of Performance
X
Work Order Firm Fixed Price: $604,505.00
Owner Purchase Order Number:

Approvals
Date DateMDJ ManagementOxnard Housing Authority

2.00