Agenda packet — Oxnard City Council, April 16, 2024 (part 1 of 2)

Written materials relating to an item on this agenda that are distributed to the legislative bodies within 72 hours before the item is to be considered at its regularly scheduled meeting will be made available for public inspection at the City Clerk’s Office, 300 West Third Street 4th Floor during customary business hours. Agenda reports are also on the City of Oxnard web site at www.oxnard.org.

In compliance with the Americans with Disabilities Act, if you require special assistance to participate in a meeting, please contact the City Clerk’s Office at 385-7803. Notice at least 72 hours prior to the meeting will enable the City to reasonably arrange for your accessibility to the meeting.

Agenda Item Time Estimates include: (Minutes for Presentation + Council Discussion + Public Comment) AGENDA

OXNARD CITY COUNCIL

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY

OXNARD FINANCING AUTHORITY

OXNARD HOUSING AUTHORITY
Meeting Location: Council Chambers, 305 West Third Street April 16, 2024
Closed Session - 5:00 PM
Regular Meeting - 6:00 PM
Zoom details to call-in for public comment during a meeting:

1. Dial Phone Number: (888) 475-4499

2. Enter Meeting ID: 857 8634 4477

3. Passcode: 174010
If you wish to speak during public comments or a particular item on the agenda, please sign-on by following the zoom call-in steps listed above. Once the presiding officer calls for public speakers, press *9 to raise your hand to inform the City Clerk you would like to speak during the public speaking section for that particular item on the agenda, while in the zoom waiting room. Press *6 when asked to unmute. Listen to the instructions provided virtually on the phone while on hold in the zoom waiting room. Please note that there is a slight time delay when viewing the meeting via television.

IN ACCORDANCE WITH ASSEMBLY BILL 2449, MEMBERS OF THE LEGISLATIVE BODY MAY MEET IN- PERSON OR REMOTELY. TO PARTICIPATE REMOTELY VISIT WWW.OXNARD.ORG.

To find out how you may provide public comment, please refer to the instructions below or at www.https://www.oxnard.org/city-meetings/.

The public may view the meeting from home on Spectrum channel 10, Frontier channel 35, or YouTube at Youtube.com/oxnardnews.

Video recordings of the meeting are typically available online following the meeting at the City’s website at www.oxnard.org/city- meetings.
*Please see the link for the Measure M pre-recorded presentation video for each item listed on this agenda.

YOU MAY PARTICIPATE IN THE MEETING IN THE FOLLOWING WAYS:

1. ATTEND THE MEETING AT THE LOCATION LISTED ABOVE: Submit a speaker card to the City Clerk.

2. EMAIL COMMENTS OR SIGN UP TO SPEAK REMOTELY BEFORE THE MEETING a. Submit a request to speak remotely by 3 p.m. on the day of the meeting by using the form available at www.oxnard.org/citymeetings.
b. Submit an email to [email protected] by 3 p.m. on the day of the meeting (indicate the agenda item number in the subject line). All email correspondence will be forwarded to the legislative body prior to the start of the meeting and made part of the legislative record.
c. Contact the City Clerk’s Office at (805) 385-7803 to submit your request.

AMENDED AGENDA
Closed Session - Item C.4 Added
1 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY April 16, 2024 PAGE 2

3. PROVIDE PUBLIC COMMENT REMOTELY DURING THE MEETING
a. Follow Zoom details listed above.
b. Public comments on agenda items will be taken following the announcement of the item. After the item is announced, members of the public may register or otherwise be recognized for the purpose of providing public comment.

Please review the Zoom instructions on the registration page to help ensure there are no technical difficulties during your comments and help you understand public comment procedures using Zoom. Detailed participation instructions can be found at www.oxnard.org/city-meetings
.

In the event of a disruption which prevents a legislative body of the City of Oxnard from broadcasting a meeting using a call-in option or internet- based service option, or in the event of a disruption within the City’s control which prevents members of the public from offering public comment using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on a meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. However, if any of the broadcast options are disrupted, but any of the other broadcast options is still available to the public, the legislative body may take further action on items appearing on a meeting agenda without waiting for the disrupted broadcast option(s) to be restored.

A. ROLL CALL, POSTING OF AGENDA
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council

CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449.

B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, a person may address the legislative body only on matters appearing on the closed session agenda. The presiding officer shall limit public comments to three minutes.

C. CLOSED SESSION (5:00 PM)

1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Government Code section 54956.9(d)(1)).

Name of case: In The Matter of Kona Kai Mobile Estates Legislative Body: City Council

2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Government Code section 54956.9(d)(1)).

Name of case: City of Oxnard v. Fox Canyon Groundwater Management Agency Los Angeles County Superior Court, Case No. 20STCP00929 Legislative Body: City Council

3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Government Code section 54956.9(d)(4))Based on existing facts and circumstances, the City Council shall decide whether to initiate litigation in one potential case.

4. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
(Government Code Section 54956.9(d)(1)).

Name of case: Moving Oxnard Forward v. Jim Throop; et al.

Ventura County Superior Court Case No. 201800514769CUWM Legislative Body: City Council

D. OPENING CEREMONIES (6:00 PM)
Pledge of allegiance to the flag of the United States.
2 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY April 16, 2024 PAGE 3

E. CEREMONIAL ITEMS

1. SUBJECT: Presentation of a Proclamation Designating April 22, 2024 as "Earth Day."

2. SUBJECT: Presentation of a Proclamation Designating the Month of April 2024 as "Sexual Assault and Child Abuse Awareness Month."

3. SUBJECT: Presentation of a Proclamation Designating the Month of April 2024 as "Arts, Culture and Creativity Month."

F. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA

A person may address the legislative body only on matters not appearing on the agenda and within the subject matter jurisdiction of the legislative body. Speaker requests shall be submitted as set forth on the first page of this agenda. Speakers are limited to three minutes. After 30 minutes, if all speakers have not had the opportunity to speak, the remaining speakers will be given an opportunity to speak prior to adjournment of the meeting. The legislative body cannot enter into a detailed discussion or take action on any items presented during public comments at this time. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion. Persons wishing to speak on public hearing items should do so at the time of the hearing.

G. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY

The City Manager/Executive Director/Secretary shall report on items of interest to the legislative body occurring since the last meeting. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion.

1. City Manager Department
SUBJECT: Severe Storms Emergency Actions.

RECOMMENDATION: That the City Council ratify Director Orders regarding the Severe Storms Local Emergency proclaimed by the Director of Emergency Services on December 27, 2023, and related actions taken pursuant to the Severe Storms Local Emergency.

Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430
H. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY

BUSINESS/COMMITTEE REPORTS

At this time, a member of the legislative body may make a brief announcement, or make a brief report on his or her activities. Further, members of the legislative body may request to schedule consideration of whether to place an item on a future agenda. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. The member's report shall not exceed three minutes, unless additional time is granted by the presiding officer.

I. REVIEW OF INFORMATION/CONSENT AGENDA
The members of the legislative body will consider whether to remove Information/Consent Agenda items for discussion later during the meeting.

J. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
At this time, a person may address the legislative body only on matters appearing on the information/consent agenda. The presiding officer shall limit public comments to three minutes.

K. INFORMATION/CONSENT AGENDA
3 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY April 16, 2024 PAGE 4

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of the March 19, 2024, regular meeting as presented.

Legislative Body: City Council
Contact: Rose Chaparro, (805) 385-7805

2. Fire Department
SUBJECT: Ratification of Authorization to be a Sub-Recipient of the California Opportunity Youth Apprenticship (COYA) Grant.

RECOMMENDATION: That City Council ratifies the authorization of the Fire Department to be a Sub-Recipient of the California Opportunity Youth Apprenticeship (COYA) Grant.

Legislative Body: City Council
Contact: Alexander Hamilton, (805) 385-7700

3. Public Works Department
SUBJECT: Public Project Agreement 32400427 with Garcia’s Landscaping & Maintenance, Inc. for Seabridge Park Bench Installation Project, Specification No. SD 24-82.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an Agreement with Garcia’s Landscaping & Maintenance, Inc. in the amount not to exceed $12,650 for the installation of park benches at Community Facilities District No. 4.

(Public Works and Transportation Committee approved 3-0 on March 26, 2024.) Contact: Michael Wolfe, (805) 385-8055

4. Public Works Department
SUBJECT: Public Project Agreement 32400383 with Best Contracting Services, Inc. for On-Call Roofing Maintenance and Minor Repair Services Project, Specification No. PW 23-95.

RECOMMENDATION: That the City Council authorize the Mayor to execute an Agreement with Best Contracting Services, Inc. for a total amount not to exceed $190,000 for a maximum two-year term for on-call roofing maintenance and repair services.

(Public Works and Transportation Committee approved 3-0 on March 26, 2024.) Contact: Michael Wolfe, (805) 385-8055

5. Public Works Department
SUBJECT: Public Project Agreement 32400262 with Central Coast Engineering for On-Call Plumbing Maintenance and Minor Repairs Services, Specification No. PW 23-105.

RECOMMENDATION: That the City Council authorize the Mayor to execute an Agreement with Central Coast Engineering for a total amount not to exceed $196,000 for a one-year term for on-call plumbing maintenance and repair services.

(Public Works and Transportation Committee approved 3-0 on March 26, 2024.) Contact: Michael Wolfe, (805) 385-8055

6. Public Works Department
SUBJECT: Agreement No. 32400468 with Raftelis Financial Consulting Professional Services for an Annual Water Rate and Pass Through Analysis and Financial Plan Review.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute 4 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY April 16, 2024 PAGE 5

Agreement No. 32400468, subject to approval of the final form of the agreement by the City Attorney, with Raftelis Financial Consulting (Raftelis) for a not to exceed amount of $49,730 through December 31, 2027, for professional services required for an Annual Water Rate and Pass Through Analysis and Financial Plan Review.

(This item did not originate in Committee as it is a continuation of Ordinance 3028 approved by the City Council on May 16, 2023.)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

7. Police Department
SUBJECT: Resolution Commending Sergeant Daniel Shrubb for over Twenty-Six Years of Service to the City of Oxnard.

RECOMMENDATION: That the City Council adopt a resolution commending Daniel Shrubb for over twenty-six years of outstanding service to the City of Oxnard Police Department.

Legislative Body: City Council
Contact: Jason Benites, (805) 385-7624

8. Finance Department
SUBJECT: Amendment to External Auditor Agreement for Annual Auditing Services.

RECOMMENDATION: That City Council approve and authorize the Mayor to execute the Second Amendment to Agreement A-8223 with Eadie + Payne, LLP, to increase the amount by $62,700, for a total amended not-to-exceed amount over 5 years of $1,157,800 for FY 2022-23 and FY 2023-24 Annual Comprehensive Financial Reporting (ACFR)/Single-Audit/Ancillary Assistance.

Legislative Body: City Council
Contact: Javier Chagoyen-Lazaro, (805) 200-5400
L. REPORTS

1. Public Works Department
SUBJECT: Adoption of Ordinance No. 3043 Establishing New Solid Waste Rates and Fees. (20 minutes)

RECOMMENDATION: That the City Council:

1. Adopt Ordinance No. 3043 entitled "Ordinance of the City Council of the City of Oxnard to Establish New Solid Waste Rates and Fees for Customer Use and Service from the City’s Environmental Resources Division;" and

2. Find that CEQA does not apply to this ordinance pursuant to Public Resource Code sections 21080(b)(8) and 21083 in conjunction with the exemption listed in Title 14 California Code of Regulations section 15273.

(This item did not originate in Committee because it is a continuation of an item previously approved by the City Council on March 19, 2024.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/f2O3IUwC27g
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
5 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY April 16, 2024 PAGE 6

2. Public Works Department
SUBJECT: Agreement 32500002 with JAS Landscape LLC for Landscape Maintenance Services within Community Facilities District No. 4. (10 minutes)

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an Agreement with JAS Landscape, LLC in the amount not to exceed $2,721,267 for the maximum five-year term of the Agreement, with the initial agreement term ending June 30, 2025, after which the Agreement may be extended for four additional one-year terms with a fully extended final term ending on June 30, 2029, for landscape maintenance services within Community Facilities District No. 4.

(Public Works and Transportation Committee approved 3-0 on March 26, 2024.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/80svqZRSpD8
Contact: Michael Wolfe, (805) 385-8055

3. City Manager Department
SUBJECT: ERP Annual Report and Seventh Amendment to Agreement with Kreative Core Technologies. (10 minutes)

RECOMMENDATION: That the City Council:

1. Approve and authorize the Mayor to execute a Seventh Amendment to the Professional Services Agreement with Kreative Core Technologies Corp (9431-21-FN) in the amount of $5,300,000 for a new not to exceed contract amount of $10,020,000, and to extend the term for a year to December 31, 2025, for project management services related to the discovery, documentation, implementation, stabilization and ongoing IT support for all phases of the City’s multi-year enterprise resource planning (ERP) implementation, as well as some additional IT non-ERP projects;

2. Approve $200,000 of new Transfer Out Appropriations in the General Fund (101) and corresponding Transfer In Revenues in the Capital Outlay Fund (301) in regard to additional ERP related costs anticipated in Fiscal Year 2023-24; and

3. Receive and file the ERP system annual report.

(The Finance and Governance Committee approved 3-0 on March 26, 2024.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/opiDWPsGQw8
Legislative Body: City Council
Contact: Shiri Klima, (805) 385-7487
M. ADJOURNMENT

6 CITY COUNCIL AGENDA REPORT

REPORT OF CITY MANAGER/EXECUTIVE

DIRECTOR/SECRETARY
AGENDA ITEM NO. G.1

DATE: April 16, 2024

TO: City Council

FROM: Alexander Nguyen, City Manager, (805) 385-7430, [email protected]

SUBJECT: Severe Storms Emergency Actions.

RECOMMENDATION

That the City Council ratify Director Orders regarding the Severe Storms Local Emergency proclaimed by the Director of Emergency Services on December 27, 2023, and related actions taken pursuant to the Severe Storms Local Emergency.

BACKGROUND

STRATEGIC PRIORITIES

FINANCIAL IMPACT

COMMITTEE OUTCOME

Prepared by: Stephen Fischer, City Attorney

ATTACHMENTS
None

7 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.1

DATE: April 16, 2024

TO: City Council

FROM: Rose Chaparro, City Clerk, (805) 385-7805, [email protected]

SUBJECT: Approval of Minutes.

RECOMMENDATION

That the City Council approve the minutes of the March 19, 2024, regular meeting as presented.

BACKGROUND

Approval of Minutes.

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

There is no financial impact.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Rose Chaparro, City Clerk

ATTACHMENTS

1. MINUTES 03 19 2024 CC Regular Meeting

8 MINUTES

OXNARD CITY COUNCIL
Regular Meeting
March 19, 2024

A. ROLL CALL, POSTING OF AGENDA
At 5:00 p.m., Mayor John C. Zaragoza called to order the regular meeting of the Oxnard City Council, in the City Hall Council Chambers at 305 W. Third Street, Oxnar d, California. The City Clerk called the roll and announced the posting of the agenda.

Councilmembers Oscar Madrigal, Bert E. Perello, Gabriel (Gabe) Teran (remote participation), Arthur Valenzuela, Mayor Pro Tem Bryan A. MacDonald , and Mayor John C. Zaragoza were present.

Councilmember Gabriela Basua was absent. Housing Authority Commissioners Jose Andrade and Francisco Vega were absent.

THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council and the Oxnard Housing Authority.

CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449.

During this meeting, Councilmember Teran participated remotely from the following location: Embassy Suites by Hilton Sacramento Riverfront Promenade, Business Center, 100 Capitol Mall, Sacramento, CA 95814.

B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS (None received.)

C. CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))
Name of case: Crystal Culapan v. City of Oxnard; et al.

Ventura County Superior Court Case No. 56-2021-00549982-CU-PA-VTA Legislative Body: City Council

2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
(Government Code Section 54956.9(d)(1))
Name of case: Manuel Guzman v. City of Oxnard; et al.

Ventura County Superior Court Case No. 56-2022-00569906-CU-PA-VTA Legislative Body: City Council

At 5:03 p.m., the City Council recessed to a closed session. At 5:29 p.m., the City Council reconvened in open session in the Council Chambe rs. The City Attorney announced that items C.1 and C.2 were reviewed and there were no reportable actions out of closed session. 9 MARCH 19, 2024 OXNARD CITY COUNCIL PAGE 2

D. APPOINTMENT ITEMS (5:30 PM)

1. SUBJECT: 2023 Update of Fire Department Statistics, Accomplishments, Ongoing Initiatives, and Priorities for 2024.

Fire Chief Alexander Hamilton presented and provided department highlights for 2023. The highlights included updates on construction review and inspections, arson and fire investigation services, emergency medical calls and emergency services for the Fire Department.

E. OPENING CEREMONIES (6:00 PM)

Mayor Zaragoza led the pledge of allegiance and followed by a moment of silence.

F. CEREMONIAL ITEMS

1. SUBJECT: Presentation of a Proclamation Designating March 31, 2024 as "Cesar E.

Chavez Day."

Javier Gomez, Artistic Director & Founder of Inlakech Cultural Arts Center, accepted the proclamation and said a few words. Director Gomez and his group of students perfo rmed a few songs during this presentation.

2. SUBJECT: Presentation of a Proclamation Designating the Month of March 2024 as "American Red Cross."

Mayor Zaragoza read the proclamation and presented it to Tony Briggs, Regional Chief Executive Officer and members of the American Red Cross, Central California Region. Mr.

Briggs and members of the American Red Cross joined Council on the dais to accept the proclamation and followed with a few words.

G. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA

Public comments were received from PW Robinson (homeless issues), Pedro Toscano (tax fraud), and Miguel Salcido and Catia Tran with the Youth Coalition of Oxnard (requested to present at a future meeting).

H. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY

1. City Manager Department
SUBJECT: Severe Storms Emergency Actions.

RECOMMENDATION: That the City Council ratify Director Orders regarding the Severe Storms Local Emergency proclaimed by the Director of Emergency Services 10 MARCH 19, 2024 OXNARD CITY COUNCIL PAGE 3

on December 27, 2023, and related actions taken pursuant to the Severe Storms Local Emergency.

No formal action was taken on this item.

I. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING

AUTHORITY BUSINESS/COMMITTEE REPORTS

The members of the Council provided brief announcements regarding their various activities.

1. City Manager Department
SUBJECT: Appointment of Voting Delegate and Alternate for Southern California Association of Governments General Assembly.

RECOMMENDATION: That the City Council appoint Councilmember Arthur Valenzuela Zavala as the City's voting delegate to attend the Southern California Association of Governments (SCAGs) 59th Annual Regional Conference and General Assembly Business Meeting scheduled for May 2 through 3, 2024 in Palm Desert, California and appoint an alternate delegate.

(This item did not originate in Committee.)

No public comments were received.

Council made a motion to appoint Councilmember Valenzuela as t he City’s delegate and Councilmember Teran as the alternate delegate to attend the Southern California Association of Governments (SCAG) Annual Regional Conference and General Assembly Business Meeting.

It was moved by Mayor Pro Tem MacDonald , seconded by Councilmember Perello, to approve the recommended action. VOTE: MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 6-0. Councilmember Basua was absent.

J. REVIEW OF INFORMATION/CONSENT AGENDA

Items L.1 through L.9 were reviewed and discussed among the Council and staff.

K. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA (None received.)

L. INFORMATION/CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the minutes of the February 20, 2024 regular meeting as presented.
11 MARCH 19, 2024 OXNARD CITY COUNCIL PAGE 4

2. Fire Department

SUBJECT: Adopt Resolution No. 15,767 Acknowledging receipt of a report submitted by the Fire Chief of the Oxnard Fire Department regarding the inspection of certain occupancies.

RECOMMENDATION: That the City Council of the City of Oxnard adopt Resolution No. 15,767 acknowledging receipt of a report prepared by the Oxnard Fire Department's Fire Chief concerning the inspection of specific occupancies, as mandated by Sections 13146.2 and 13146.3 of the California Health and Safety Code.

(The Community Services, Public Safety, Housing & Development Committee voted 3-0 on February 27, 2024, to approve the staff recommendation and to forward the item for Council approval.)

3. Human Resources Department
SUBJECT: Oxnard Peace Officers Association Side Letter Agreements.

RECOMMENDATION: That the City Council of the City of Oxnard adopt Resolution No. 15,768 approving the attached side letter agreements establishing a hiring incentive program for experienced (lateral) police officers, in the amount of $20,000 payable over three years; and a $3,000 recruitment incentive for Oxnard Peace Officer Association members who successfully recruit police officers and public safety dispatchers.

(This item did not originate in Committee.)

4. Public Works Department

SUBJECT: Fourth Amendment to Professional Services Agreement 9200-21-PW with Guidepost Solutions LLC for Water Campus: Security Improvements Project PW 21-29.

RECOMMENDATION: That the City Council approve and authorize the execution of a Fourth Amendment to a Professional Services Agreement with Guidepost Solutions LLC to in crease the not to exceed amount from $179,670 to $235,601 for additional engineering design work required for the Water Campus: Security Improvements Project (No. C2027).

(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.)

5. Police Department
SUBJECT: State of California Peace Officer Standards and Training (P.O.S.T.) Reimbursement Program.

RECOMMENDATION: That City Council:

12 MARCH 19, 2024 OXNARD CITY COUNCIL PAGE 5

1. Recognize $90,625 in training reimbursement revenue from the State of California Peace Officer Standards and Training (P.O.S.T.) Reimbursement Program;

2. Approve a budget appropriation in the amount of $90,625 from the Peace Officer Standards and Training (P.O.S.T.) reimbursement to P.O.S.T. related training; and

3. Authorize the City Manager or designee to approve additional budget appropriations if additional funding is received.

(This item did not originate in Committee.)

6. Housing Department

SUBJECT: Amendments to City Loan Agreements with Mercy House Living Centers for the Development of a New Navigation Center at Casa de Carmen located at 241 West Second Street.

RECOMMENDATION: That the City Council:

1. Approve and authorize the City Manager or designee to execute the First Amendment to Permanent Local Housing Allocation Affordable Housing Loan Agreement A-8461 (“PLHA Loan Agreement”) between the City and Mercy House Living Centers (“Mercy House”) contingent on funding approval by the California Department of Housing and Community Development (HCD);

2. Approve and authorize the City Manager or designee to execute the First Amendment to Measure O Loan Agreement 32300146 between the City and Mercy House;

3. Approve a budget appropriation of $537,567 in PLHA grant funds (Fund 220) to increase the loan amount for PLHA Loan Agreement A-8461 between the City and Mercy House from $347,528 to $885,095;

4. Approve and authorize the City Manager or designee to execute the First Amendment to Affordable Housing Loan Agreement A-8292 between the City and 2nd and B LP;

5. Approve and authorize the City Manager or designee to execute the Second Amendment to Disposition and Development Agreement A-8310 between the City, CDP Developers LLC, and the Housing Trust Fund Ventura County;

6. Approve and authorize the City Manager to execute the Second Amendment to the Agreement to Provide Financial Support for the Construction and Operation of a Permanent, Year-Round Shelter Serving Homeless Individuals between the City and the County of Ventura, Agreement A-8462.

(The Community Services, Public Safety, Housing & Development Committee approved 3-0 on February 27, 2024.)

13 MARCH 19, 2024 OXNARD CITY COUNCIL PAGE 6

7. Housing Department
SUBJECT: Second Amendment to Emergency Shelter and Navigation Center Operating Agreement 32400019.

RECOMMENDATION: That the City Council:

1. Approve and authorize the Mayor to execute the Second Amendment to Shelter and Navigation Center Operating Agreement 32400019 with Mercy House for the provision of shelter and navigation center operations to increase the Agreement from $3,228,297 to $3,243,102.16.

(The Community Services, Public Safety, Housing & Development Committee approved 3-0 on February 27, 2024.)

8. Human Resources Department
SUBJECT: Pay Equity Policy.

RECOMMENDATION: That the City Council adopt Resolution No. 15,769 approving a pay equity policy.

(This item did not originate in Committee.)

9. City Attorney Department
SUBJECT: Sunkist Fire Legislative Subpoenas.

RECOMMENDATION: That the City Council:

1. Direct City staff to investigate the cause of the fire that occurred on March 5, 2024 at the former Sunkist packaging plant located at 245 E. Colonia Rd.; and

2. Adopt Resolution No. 15,770 authorizing the Mayor to issue legislative subpoenas related to the City's investigation into the Sunkist Fire.

Consent Items L.1 - L.2 and L.4 - L.9
It was moved by Councilmember Perello, seconded by Mayor Pro Tem MacDonald , to approve the recommended action as presented. VOTE: MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 6-0. Councilmember Basua was absent.

Consent Item L.3
It was moved by Councilmember Perello, seconded by Mayor Pro Tem MacDonald, to approve the recommended action as presented. VOTE: MacDonald, Madrigal, Perello, Teran, and Zaragoza voted in favor; Valenzuela voted against; motion passed 5-1. Councilmember Basua was absent.

M. PUBLIC HEARINGS

14 MARCH 19, 2024 OXNARD CITY COUNCIL PAGE 7

1. Public Works Department
SUBJECT: Public Hearing on Proposed Solid Waste (Refuse) Rates and Introduction of Ordinance No. 3043 Establishing New Solid Waste (Refuse) Rates and Fees.

RECOMMENDATION: That the City Council:

1. Hold a public hearing to receive public testimony and consider all protests concerning the adoption of Ordinance No. 3043 establishing new solid waste (refuse) user rates and fees;

2. Approve the first reading by title only and waive any further reading of Ordinance No. 3043 titled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD TO

ESTABLISH NEW SOLID WASTE RATES AND FEES FOR CUSTOMER USE AND SERVICE FROM THE CITY’S ENVIRONMENTAL RESOURCES
DIVISION; and

3. Find that the California Environmental Quality Act (CEQA) does not apply to the ordinance that modifies the City’s solid waste (refuse) rates, according to Public Resource Code sections 21080(b)(8) and 21083 in conjunction with the exemption listed in Title 14 California Code of Regulations section 15273.

(This is a continuation of an item brought to the Public Works and Transportation Committee on November 14, 2023, and to the City Council on December 5, 2023.)

The City Clerk announced the affidavit of publica tion and stated that written communications were received and provided to Council.

Brian Yanez, Assistant Public Works Director and Eric Zetz, Environmental Resources Division Manager answered questions.

Mayor Zaragoza opened the public testimony portion of the public hearing. Public comments were received from Lawrence Stein, Jesus Rojas, Greg Runyon, Debra Keer, and Barbara Macri- Ortiz.

Council made a motion to close the public testimony portion of the public hearing:

It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Valenzuela, to close the public hearing . VOTE: MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 6-0. Councilmember Basua was absent.

Council made a motion to take a recess while the City Clerk tabulated the protests received from the City’s municipal solid waste users.

It was moved by Councilmember Perello, seconded by Mayor Zaragoza, to recess the meeting while the City C lerk counted the protests received , once the count was completed the meeti ng was called back to order . VOTE: MacDonald, Madrigal, Perel lo, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 6-0. Councilmember Basua was absent. 15 MARCH 19, 2024 OXNARD CITY COUNCIL PAGE 8

The City Clerk counted the protests received and reported the count. There were 810 protests received. Based on the number of protests counted, the City Clerk determined that there were not enough written protests received to conduct a validation of the protest. A majority pro test was not achieved.

It was moved by Mayor Pro Tem MacDonald , seconded by Mayor Zaragoza, to introduce the Solid Waste Rate and Fee Ordinance and approve the recommended action as presented. VOTE:

MacDonald, Madrigal, Perello, Teran, Valenzuela, and Za ragoza voted in favor; motion passed 6-0. Councilmember Basua was absent.

2. Housing Department
SUBJECT: 5-Year Public Housing Agency Plan (2020-2025), Annual Agency Plan and Capital Fund Program Five-Year Action Plan for Low Rent Public Housing.

RECOMMENDATION: That the Board of Commissioners for the Housing Authority of the City of Oxnard:

1. Hold a United States Department of Housing and Urban Development (HUD) public hearing to receive comments concerning the fifth year of the 5-Year Public Housing Agency Plan, the 2024 Capital Fund Budget, and the Capital Fund Five- Year Action Plan; and

2. Adopt Housing Authority of the City of Oxnard Resolution No. H.A. 1342:
a. Approving the 2024 Annual Agency Plan, 5-Year Public Housing Agency (PHA) Plan for the Housing Authority of the City of Oxnard;

b. Authorizing and directing the Chairman to execute the Department of Housing and Urban Development Public Housing Agency Certification Compliance Form certifying the Housing Authority’s compliance with federal policies and procedures;

c. Authorizing the Housing Director to execute and submit all reports, documents and all other certifications required to comply with policies and procedures of the Department of Housing and Urban Development regarding the Annual Agency Plan and the 5-Year PHA Plan;

d. Approving the 2024 Capital Fund Budget and Capital Fund Five-Year Action Plan; and

e. Authorizing the Housing Director to accept and expend the funds as indicated in the 2024 Capital Fund Budget and Capital Fund Five-Year Action Plan.

(The Community Services, Public Safety, Housing & Development Committee approved 3-0 on February 27, 2024.)
16 MARCH 19, 2024 OXNARD CITY COUNCIL PAGE 9

The Secretary (City Clerk ) announced the affidavit of publication a nd stated that no written communications were received.

Housing Director Emilio Ramirez was available to answer questions.

Commissioner Z aragoza opened the public testimony portion of the public hearing. Public comments were received from Lawrence Stein.

Without objection, the Board of Commissioners approved closing the public testimony portion of the public hearing. Discussion ensued among the Board of Commissioners and staff.

Housing Director Emilio Ramirez requested that Council approve an amendment to Section B.2 New Activities on page 2 of 7 of the HUD Form 50075, page 308 of the staff report.

It was moved by Commissioner MacDonald, seconded by Commissioner Madrigal, to approve the recommended action as amended. VOTE: MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 6-0. Commissioners Andrade, Basua, and Vega were absent.

At 9:48 p.m., City Council voted to continue the meeting past 10:00 p.m., and take action on the remainder of the items on the agenda.

It was moved by Councilmember Perello, seconded by Mayor Pro Tem MacDonald , to approve the recommended action as presented. VOTE: MacDonald, Madrigal, Per ello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 6-0. Councilmember Basua was absent.

N. REPORTS

1. Finance Department
SUBJECT: FY22-23 Annual Comprehensive Financial Report and Summary Presentation.

RECOMMENDATION: That the City Council receive the FY 22-23 Annual Comprehensive Financial Report (ACFR) and summary presentation from the City's external financial auditors, Eadie + Payne, LLP.

(The Finance and Governance Committee approved 3-0 on March 12, 2024.)

Javier Chagoyen-Lazaro, Chief Financial Officer introduced E den Casareno, CPA, Partner-in- Charge of Attest Services with Eadie + Payne, LLP . Ms. Casareno presented and answered questions. Public comments were received from Lawrence Stein. The report was received and filed, no formal action was required.

17 MARCH 19, 2024 OXNARD CITY COUNCIL PAGE 10

2. Public Works Department
SUBJECT: General Fund Reimbursement of Service Charges to Special Districts.

RECOMMENDATION: That the City Council approve and authorize the City Manager to approve a transfer in the amount of $168,247.67 for reimbursement of sidewalk service charges, including interest, to 21 Landscape Maintenance Districts (Fund 120) from the General Fund (101), with the corresponding budget appropriation adjustments.

(Public Works and Transportation Committee approved 3-0 on February 27, 2024.)

Michael Wolfe, Public Works Director was available to answer questions. No public comment was received.

It was moved by Councilmember Madrigal, seconded by Councilmember Perello, to approve the recommended action. VOTE: MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 6-0. Councilmember Basua was absent.

3. Public Works Department
SUBJECT: Purchase Order to McLaughlin Waste Equipment, Inc. for Metal Refuse Containers for the Environmental Resources Division.

RECOMMENDATION: That the City Council authorize the Mayor to execute a Purchase Order with McLaughlin Waste Equipment, Inc. for an amount not to exceed $2,500,000 for a three-year term ending June 30, 2027, for metal refuse containers.

(Public Works and Transportation Committee approved 3-0 on February 27, 2024.)

Michael Wolfe, Public Works Director was available to answer questions. No public comment was received.

It was moved by Councilmember Perello, seconded by Mayor Zaragoz a, to approve the recommended action. VOTE: MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 6-0. Councilmember Basua was absent.

4. Public Works Department

SUBJECT: Authorization to Accept a State Grant for $9.5M to fund Electrical Improvements for the Oxnard Wastewater Treatment Plant Reliability Improvement Project PW 20-102.

RECOMMENDATION: That the City Council:

1. Accept a grant from the California State Water Resource Control Board in the amount of $9.5 million for the Oxnard Wastewater Treatment Plant Reliability Project; and

2. Authorize the City Manager to execute grant agreements; the Finance Director or 18 MARCH 19, 2024 OXNARD CITY COUNCIL PAGE 11

designee to submit financial reports and grant claims and approve budget appropriations for the use of grant funds; and the Director of Public Works or designee to submit non-financial reports.

Michael Wolfe, Public Works Director was available to answer questions. No public comment was received.

It was moved by Councilmember Perello, seconded by Councilmember Madrigal, to approve the recommended action. VOTE: MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 6-0. Councilmember Basua was absent.

5. Public Works Department

SUBJECT: Emergency On-Call Services Performed by Toro Enterprises, Inc. to Protect Properties and City Infrastructure Located Along the Coastal Area of Oxnard Beach.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a one-time payment with Toro Enterprises, Inc. in the amount of $23,478.39 for emergency on-call services performed on December 29, 2023, and December 30, 2023.

(This item did not originate in Committee.)

Michael Wolfe, Public Works Director was available to answer questions. No public comment was received.

6. Community Development Department
SUBJECT: City of Oxnard 2023 General Plan Annual Progress Report.

RECOMMENDATION: That the Oxnard City Council receive and file the City of Oxnard 2023 General Plan and Housing Element Annual Progress Report.

(This item did not originate in Committee.)

Joe Pearson II, AICP, Planning and Environmental Services Manager was available to answer questions. Public comments were received from Alejandro Perez and written comments were received.

19 MARCH 19, 2024 OXNARD CITY COUNCIL PAGE 12

It was moved by Mayor Pro Te m MacDonald , seconded by Councilmember Madrigal , to approve the recommended action. VOTE: MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 6-0. Councilmember Basua was absent.

7. Community Development Department
SUBJECT: Consider an Ordinance Amending Provisions of Chapter 11 of the Oxnard City Code Pertaining to Cannabis Regulations.

RECOMMENDATION: That the City Council:

Introduce an ordinance (by title only, waiving further reading) titled:

"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD AMENDING PROVISIONS OF CHAPTER 11, ARTICLE XVII OF THE

OXNARD CITY CODE PERTAINING TO CANNABIS REGULATIONS

REGARDING CANNABIS EMPLOYEE PERMITS, CANNABIS AUDIT

PROCESSES, HOURS OF OPERATIONS, TRANSFER OF OWNERSHIP, AND A DEFINITION CLARIFICATION."

(This item did not originate in Committee.)

Jeff Pengilley, Community Development Director and Kathleen Mallory, Planning & Sustainability Manager were available to answer questions. Public comment s were received from Jessica Reuven.

A motion was made by Councilmember Perello to deny the project, there was no second, motion failed.

A motion was made by Councilmember Madrigal, seconded by Councilmember Valenzuela to approve the recommended action . VOTE: Madrigal, Vale nzuela, and Zaragoza voted in favor; MacDonald, Perello, and Teran voted against; motion failed 3-3.

A motion was made by Councilmember Teran for staff to review the recommendation and bring the item back to a future meeting.

It was moved by Councilmember Teran, seconded by Councilmember Valenzuela, to approve reviewing the recommendation and bringing the item to a future meeting. VOTE: MacDonald, Teran, Valenzuela, and Zaragoza voted in favor; Madrigal and Perello vo ted against; motion passed 4-2. Councilmember Basua was absent.

8. Housing Department
SUBJECT: Acquisition of Real Property 3941 and 3951 Saviers Road improved with an eight-unit multi-family development.

RECOMMENDATION: That the City Council:

1. Approve a grant to the Housing Authority of the City of Oxnard in amount not to 20 MARCH 19, 2024 OXNARD CITY COUNCIL PAGE 13

exceed $2,260,000 from the Community Development Block Grant fund for the acquisition of improved real property located at 3941 and 3951 Saviers Road plus transaction fees and related costs, subject to review and approval by the City Attorney;

2. Find that the recommended actions do not constitute a “project” subject to the California Environmental Quality Act pursuant to Section 21065 and Sections 15004(b)(4) and 15378 of the State California Environmental Quality Act Guidelines and, as such, no environmental document pursuant to California Environmental Quality Act is required;

3. Authorize the City Manager, and his designees, to appropriate $2,260,000 of CDBG funds for the acquisition and related costs associated with the 3941 and 3951 Saviers Road transaction.

That the Board of Commissioners:

4. Accept a grant from the City of Oxnard in amount not to exceed $2,260,000 to finance the acquisition, and related costs, of improved real property located at 3941 and 3951 Saviers Road and authorize the Executive Director to execute any and all documents necessary to complete the loan, subject to review and approval by the Housing Authority general counsel; and

5. Authorize the Housing Authority of the City of Oxnard to enter into a purchase and sale agreement for the acquisition of improved real property located at 3941 and 3951 Saviers Road in an amount not to exceed $2,160,000, subject to an appraisal, and authorize the Executive Director or designee to execute any and all documents necessary to complete the acquisition, subject to review and approval by the Housing Authority general counsel.

(This item did not originate in Committee.)

This item was pulled from the agenda. No action was taken.

9. Housing Department
SUBJECT: Acquisition of Vacant Real Property Designated as Assessor Parcel Number 201-0-213-150 located on Meta Street in Downtown Oxnard.

RECOMMENDATION: That the City Council:

1. Approve a purchase and sale agreement for the acquisition of unimproved real property designated as Assessor Parcel Number 201-0-213-150 in the amount of $90,000 and authorize the City Manager or designee to execute any and all documents necessary to complete the acquisition;

3. Approve and authorize a budget appropriation of $90,000 from the Community Development Block Grant Fund to pay for the acquisition of real property designated as Assessor Parcel Number 201-0-213-150; and

4. Approve and authorize a budget appropriation of $18,000 from the Community Development Block Grant available fund balance to pay for transaction fees and related costs necessary to complete the purchase of real property designated as Assessor Parcel Number 201-0-213-150. (This item did not originate in Committee.)

Emilio Ramirez, Housing Director was available to answer questio ns. No pub lic comments were received.

It was moved by Councilmember Valenzuela, seconded by Councilmember Madrigal, to approve the recommended action. VOTE: MacDonald, Madrigal, Perello, Teran, Valenzuela, and Zaragoza voted in favor; motion passed 6-0. Councilmember Basua was absent.

O. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 10:47 p.m.

ROSE CHAPARRO JOHN C. ZARAGOZA
City Clerk Mayor

22 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.2

DATE: April 16, 2024

TO: City Council

FROM: Alexander Hamilton, Fire Chief, (805) 385-7700, [email protected]

SUBJECT: Ratification of Authorization to be a Sub-Recipient of the California Opportunity Youth Apprenticship (COYA) Grant.

RECOMMENDATION

That City Council ratifies the authorization of the Fire Department to be a Sub-Recipient of the California Opportunity Youth Apprenticeship (COYA) Grant.

BACKGROUND

Resolution No. 15, 748 (2023) authorizes the City Manager to submit a grant application if:

a). The required matching funds or services (including the operational and maintenance costs) do not exceed $200,000 and have been previously appropriated;
b). The matching funds and grant do not obligate the City to add any FTEs; c). The purpose of the grant implements, and is consistent with, previously adopted Council priorities or City policies, goals, or objectives, and
d). The grant proposal has been approved for submission by the appropriate department director(s).

Additionally, in the rare instance the City Manager determines a grant application is due before the next Council meeting, s/he may authorize any grant application, but it must be ratified at the next available City Council meeting.

The purpose of the California Opportunity Youth Apprenticeship (COYA) Grant is to create a Pre-Apprenticeship Program, partnering with the California Firefighter Joint Apprenticeship Committee (Cal-JAC) and Public Works Alliance (PWA), to recruit, train, support and position opportunity youth for successful careers in the fire service, and an opportunity to earn an Emergency Medical Technician (EMT) certificate and be listed on the Firefighter Candidate Testing Center (FCTC) Statewide Eligibility List (SEL) for firefighter career opportunities.

The EMS Corps is an Employment Development Department (EDD) initiative consisting of a five-month EMT training program designed to provide opportunity for under-represented, minority, underserved, and disadvantaged young adults. The model incorporates a wide range of wrap-around services to include case management, tutoring, physical and mental health, mentorship, legal support and a paid monthly stipend. The program is modeled after the Alameda EMS Corps, a program that has trained over 500 young people for careers in healthcare, fire and law enforcement - many of whom were in the juvenile justice or foster care system.

DISCUSSION

In January 2024, the Oxnard Fire Department was selected as the lead agency to host an EMS Corps site in Ventura County. Current funding will support three cohorts of twenty students. COYA funds will be used to support and enhance our existing Workforce Development Grant received through the PWA and the EDD. The Fire Department will be a sub- recipient to the PWA as one of three geographical sub-recipients in California. The COYA grant, spanning a term of 2.5 23 years (30 months), offers awards ranging from $500,000.00 to $2,000,000.00. The Fire Department's sub-award is valued at $600,000.00, with no matching funds required. The grant does not require the City to add any FTEs.

Through the COYA grant and partnership with Cal-JAC and PWA, we would extend our cohorts and enhance our EMS Corp model to include prep and testing for the Cal-JAC’s Candidate Physical Ability Test (CPAT), as well as the entry- level Firefighter Written Exam. This would position them for the Firefighter Candidate Testing Center (FCTC) Statewide Eligibility List (SEL), a hiring list used by over 170 fire departments in California, many of whom participate in the Cal- JAC apprenticeship program. This opens the door to higher-paying jobs and a pathway to a career in the fire service. In doing so, we would support the Public Works Alliance as a Pre-Apprenticeship Program linked to CAL-JAC’s existing RAP.

The department will oversee the program’s operations including outreach, case management, recruitment, EMT training, physical training and preparation for the Firefighter Written Exam.

STRATEGIC PRIORITIES

This agenda item supports Public Safety strategy. The purpose of the Public Safety strategy is to restore and modernize the delivery of public safety services to provide for the safety of our neighborhoods and health of our community.

FINANCIAL IMPACT

There is no financial impact.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Alexander Hamilton, Fire Chief, Fara Ravan, Administrative Services Support Supervisor

ATTACHMENTS

1. Request to City Manager by Department to Apply for a Grant

24 25

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.3

DATE: April 16, 2024

TO: City Council

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

SUBJECT: Public Project Agreement 32400427 with Garcia’s Landscaping & Maintenance, Inc. for Seabridge Park Bench Installation Project, Specification No. SD 24-82.

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute an Agreement with Garcia’s Landscaping & Maintenance, Inc. in the amount not to exceed $12,650 for the installation of park benches at Community Facilities District No. 4.

(Public Works and Transportation Committee approved 3-0 on March 26, 2024.)

BACKGROUND

The Special Districts Division of the Public Works Department is responsible for the maintenance, operation, and administration of the City’s 50 Special Districts, including Community Facilities District No. 4 (“CFD-4” or “Seabridge”). Each of these Special Districts have specific individual authorized services and improvements, including but not limited to; park landscapes, open spaces, parkways, medians, other public improvements, and recreation and park amenities such as picnic shelters, restrooms, arbors, and fountains. Properties within each District are assessed an annual parcel assessment for the purposes of maintaining these and other authorized services and improvements within their District.

The Seabridge CFD was established in 2004 to pay for the cost and expense of providing public services within the development, which includes, but is not limited to the following (per Formation Documents):

-Maintenance of parks, parkways, and open-space.
-The dredging and remediation costs to maintain the adjacent waterways and public boat docks. -Costs incurred in the establishment of the District and levy of the special tax. -The administrative costs of the District that are provided by the City of Oxnard. -Flood control and storm drain protection services.
-Police protection services that include the enforcement of City Codes relating to the waterways.

CFD-4 is the second largest special financing district that is managed by the Special Districts Division of Public Works. CFD-4 is a 122-acre development and is directly managed by a Project Manager and Landscape Maintenance Inspectors, who perform direct maintenance and inspect the contracted services.

CFD-4 contains various amenities throughout the area including park benches along walking paths and within the community’s park spaces. These benches were installed with the construction of the community and are at least 18 years old. Over time, these benches have become worn due to age, regular use, and their proximity to the ocean which causes deterioration of metal fittings and hardware over time. During meetings with the Seabridge Homeowners Association (“HOA”), 30 benches were identified as needing to be replaced for age, wear, and safety reasons. The lowest bidder, Garcia’s Landscaping & Maintenance, Inc. (“Garcia’s”), currently holds Council-approved agreements with the City that 26 are worth more than $200,000 for Fiscal Year 2023-24. Therefore, staff is required, in accordance with the City’s Purchasing Policy, to bring this Agreement to the City Council for their consideration.

Agreement 32400427 is a new stand-alone Professional Services Agreement and not an extension of any current or previous Agreements or Amendments.

DISCUSSION

Informal bids for the Project were solicited via email on December 20, 2023, with a requested response by January 9, 2024. Special Districts received two (2) responses - one (1) from Garcia’s Landscaping & Maintenance, Inc. and one (1) from Mariposa Landscapes Inc. in the amounts shown below. Haddad Concrete was solicited, but did not respond with a bid prior to the January 9, 2024 deadline.

Garcia’s Landscaping & Maintenance, Inc.: $12,650
Mariposa Landscapes Inc.: $22,500
Haddad Concrete: Did not respond

Staff has confirmed that Garcia’s meets all required City contractual provisions, including possession of a City business, tax certificate, insurance certificates, and corporate filings with the California Secretary of State. Based upon the available information, research performed to date, and past services provided by the company to the City, staff believes that the contractor is capable of satisfactorily providing the necessary services.

All services provided will be based on available funding and Garcia’s will only be compensated for those services that they actually provide.

Services to be completed by the Contractor are categorized as follows:

1. Demolition of existing concrete

2. Removal of existing bench supports

3. Installation of new bench footings and new bench seats, and all other appurtenant and associated work in accordance with the Contract Documents.

The work is tentatively scheduled to begin on 4/24/24 and continue through 6/28/24 (45 business days) absent any delays. Staff will keep the Seabridge HOA informed of the schedule and any delays.

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 $12,650 and will be funded in its entirety from the CFD-4 Professional Services account, 60403801-53200.

Although this was an informal bid for an amount below the purchasing authority of the Public Works Director and Purchasing Manager, Garcia currently holds Council-approved agreements with the City worth more than $200,000 for Fiscal Year 2023-24. Therefore, staff is required, in accordance with the City’s Purchasing Policy, to bring this agreement to City Council for approval.

There is no impact on the General Fund.

COMMITTEE OUTCOME

27 The Public Works and Transportation Committee approved 3-0 on March 26, 2024 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Steve Howlett, Assistant Public Works Director, Eric Storrie, Special Districts Manager

ATTACHMENTS

1. Agreement 32400427_Garcias Landscaping

2. CFD 4 Park Bench Project Telephone Quote Form

3. City of Oxnard Special Districts Map

4. City of Oxnard Special Districts List

28 Agreement No. 32400427
AGREEMENT FOR PUBLIC PROJECT OF $60,000 OR LESS—COVER PAGE Seabridge Park Bench Installation Project Specification No. SD 24 -82

(1) Agreement Start Date: April 16, 2024
(2) Contractor: Garcia’s Landscaping Maintenance, Inc.
(3) California Contractor License Number: 963018
(4) Project Location: Seabridge Trail, Oxnard
(5) Total Agreement Amount: $12,650.00
(6) Agreement Ending Date: June 30, 2024
(7) Project Completion Date: within sixty (60) calendar days of the Notice to Proceed (8) Liquidated Damages Amount: $25.00 per calendar day
(9) Contractor’s License Classification: C-27
(10) Are prevailing wages required for this Project?
☒ Yes, in which case Section 25 and the Prevailing Wage Exhibit of the attached Agreement shall stay incorporated and be required for the Project
☐ No, in which case Section 25 and the Prevailing Wage Exhibit of the attached Agreement are not a part of this Agreement, are dis-incorporated from the Agreement, and are not required for the Project (11) Are any bonds required for this Project?
☐ Yes, the Total Agreement Amount is over $25,000, so both a payment and a performance bond, each in the value of 100% of the Total Agreement Amount, are required. ☐ Yes, the Total Agreement Amount is $25,000 or less, but a payment bond in the value of 100% of the Total Agreement Amount is still required.
☐ Yes, the Total Agreement Amount is $25,000 or less, but a performance bond in the value of 100% of the Total Agreement Amount is still required.
☒ No, the Total Agreement Amount is $25,000 or less, and bonds are not required for this work.

All bonds must be submitted using the required forms, which are attached, or on any other form approved by the City Attorney (as well as a photocopy of each bond). Contractor may not provide a deposit in lieu of any bond. Each bond shall be executed by an admitted surety insurer.
(12) Addresses for Notice:

FOR CONTRACTOR: FOR CITY:
2101 Hughes Drive 300 West Third Street, 3rd Floor
Oxnard, CA 93033 Oxnard, CA 93030

Attn: , Attn: ,
(13) Contact Names and Emails:

FOR CONTRACTOR: FOR CITY:

Tenley Garcia, [email protected] Eric Storrie, [email protected]

The Agreement for Public Project of $60,000 or Less is attached hereto and incorporated herein by this reference.

The following exhibits are also attached hereto and incorporated herein by this reference into the Agreement:
☒ Scope of Work Exhibit ☒ Rates and Costs Exhibit ☒ Insurance Exhibit (INS-D) ☒ Prevailing Wages Exhibit 29 Agreement No. 32400427

Page 1 of 8 ends

AGREEMENT FOR PUBLIC PROJECT OF $60,000 OR LESS

This Agreement for Public Project of $60,000 or Less (“Agreement”) is entered into in Ventura County, California, on the date that is written as “(1) Agreement Date” on the Cover Page, which is attached her eto and incorporated herein by this reference. This Agreement is entered by and between the City of Oxnard (“City”) and the person or entity listed as “(2) Contractor” on the Cover Page, who or which has the California Contractor License No. listed as “(3) California Contractor License Number” on the Cover Page (“Contractor”), with regard to the public project herein, subject to the following terms and conditions:

1. Scope of Services . Contractor shall perform the work and provide all labor, materials, equipme nt and services therefor in a good and workmanlike manner as described in the Scope of Work and Schedule of Services Exhibit, which is attached hereto and incorporated herein by this reference (“Project”) at the location listed as “(4) Project Location” on the Cover Page. Contractor guarantees that it has already reviewed all plans and specifications and reported any noted errors and omissions to City. All work shall be performed in accordance with the 2018 edition of the Standard Specifications for Public Works Construction and the 2019 Errata No. 1 to the Standard Specification for Public Works Construction 2018 Edition (collectively the “Greenbook”) , both of which are incorporated herein by this reference. In any conflict between this Agreement and/or Cover Page and any incorporated document, the terms of this Agreement and Cover Page shall control.

2. Extra Work. Extra work, when ordered in writing by City and accepted by Contractor, shall be paid for under written work order in accordance with the t erms therein provided. Payment for extra work will be made at the unit price or lump sum previously agreed upon in writing between Contractor and City. All extra work shall be adjusted daily upon report sheet furnished by Contractor, prepared by City, and signed by both parties, and said daily report shall be considered thereafter the true records of extra work done. All provisions of this Agreement shall apply to the extra work. The total amount listed in this Agreement—including the amount listed as “(5) Total Agreement Amount” on the Cover Page and all extra work—shall not exceed $60,000.

3. Term. This Agreement shall begin on the date listed as “(1) Agreement Start Date,” and shall end on the date listed as “(6) Agreement Ending Date,” on the Cover Page. C ontractor shall provide such services on the Project according to the schedule set forth in the Scope of Work and Schedule of Services Exhibit upon City’s notice to proceed. Time is of the essence in this Agreement.

4. Force Majeure. Neither City nor Contractor shall be responsible for delays in performance under this Agreement due to causes beyond its control, including but not limited to acts of God, acts of the public enemy, acts of the Government, fires, floods or other casualty, epidemics, earthqu akes, labor stoppages or slowdowns, freight embargoes, unusually severe weather, and supplier delays due to such causes. No extension of time will be granted for delay caused by shortage of materials, labor or equipment unless Contractor furnishes to City documentary proof that Contractor has diligently made reasonable and timely efforts to obtain such materials, labor or equipment from all known sources. Neither economic nor market conditions nor the financial condition of either party shall be considered a cause to excuse delay pursuant to this Section. Each party shall notify the other promptly in writing of each such excusable delay, its cause and i ts expected delay, and shall upon request update such notice. Contractor shall not be responsible for the cost of repairing or restoring damage to the work pursuant to the Services, which damage is determined to have been proximately caused by an act of God, as defined in Public Contract Code (PCC) Section 7105, in excess of 5% of the contracted amount, provide d that the work damaged is built in accordance with accepted and applicable building standards and City’s plans and specifications.

5. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount listed as “(5) Total Agreement Amount” on the Cover Page in accordance with the prices as submitted in Rates and Costs Exhibit, which is attached hereto and incorporated herein by this reference.

6. Payments. Contractor shall submit a payment request to City by the e nd of each calendar month listing the services provided on the Project, costs of those services, and the total amount due for the month. Invoices may be emailed to: [email protected]. City shall make payments within 30 days after receipt of Contractor’s undisputed and properly submitted payment request. If City fails to make any such payment within such time, City shall pay interest to Contractor equivalent to the legal rate set forth in Code of Civil Procedure Section 685.010(a). City shall return to Co ntractor any payment request determined not to be a proper payment request as soon as practicable, but not later than 7 days after receipt, and shall explain in writing the reasons why the payment request is not proper. By accepting payment of undisputed amounts, Contractor releases all claims against City arising by virtue of the Agreement related to those amounts; any disputed Agreement claims in stated amounts are excluded from the operation of this release.

7. Non-binding Terms . Any terms and conditions t hat are typed, printed, or otherwise included in any Contractor invoice rendered pursuant to this Agreement shall be deemed to be solely for the convenience of the parties. No 30 Agreement No. 32400427

Page 2 of 8 ends

such term or condition shall be binding upon City, and no action by City (includ ing, without limitation, the payment of any such invoice in whole or in part) shall be construed as binding City with respect to any such term or condition, unless the specific term or condition has been previously agreed to by Licensor and City in this Ag reement or in a binding amendment thereto.

8. Retention. If this Agreement is for creating, constructing, altering, repairing, or improving any public structure, building, road, or other improvement of any kind which will exceed in cost a total of $5,000, Cit y shall withhold 5% of the Total Agreement Amount until final completion and acceptance of the Project.

9. Substitute Securities. In accordance with PCC Section 22300, Contractor may submit a written request that it be permitted to substitute securities in lieu of having retention withheld by City from progress payments when such payments become due or, in the alternative, Contractor may request that City make payments of earned retentions directly to an agreed upon designated escrow agent at Contractor’s expense.

10. Advertising and Publicity . Contractor 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.

11. Audit. City shall have the option of inspecting, auditing and/or reproducing all records and other written materials: used by Contractor in preparing its billings to City as a condition precedent to any payment to Contractor; or for other purposes relating to the Agreement. Contractor 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 Contractor for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, Contractor shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by City, whichever occurs later. Contractor 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 e xpenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. Contractor shall include a copy of this Section 11 in all contracts with its subcontractors, and Contractor 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.

12. Liquidated Damages . The Project must be completed by the “(7) Project Completion Date” on the Cover Page. Failure of Contractor to complete the work by this date will result in damages being sustained by City and its constituents, including in some cases impairing other contracts that rely on the original completion date. Such damages are, and will continue to be, impracticable and extremely difficult to deter mine. For each calendar day beyond the original completion date, unless such delay is excused under Section 4 of this Agreement or unless City provided a written time extension, Contractor shall pay to City, or City may withhold from monies due to Contractor, the amount listed as “(8) Liquidated Damages Amount” on the Cover Page. Execution of the Agreement shall constitute agreement by City and Contractor that the amount listed as “(8) Liquidated Damages Amount” on the Cover Page per calendar day is the min imum value of the costs and actual damage caused by the failure of Contractor to complete the Project within the allotted time.

Such sum shall not be construed as a penalty. The Project shall be deemed to be complete when the same has been actually completed in accordance with the plans and specifications therefor and to the satisfaction of City. The Project must be accepted or certified by City in writing.

13. Unresolved Disputes.
a. In the event of any dispute or controversy with City over any matter, Contractor shall not cause any delay in or cessation of work, but shall proceed with full performance of all work. This includes but is not limited to disputed time extensions, requests and prices for changes, damages, tort claims and any other amount the payment of which is disputed by either party. The disputed work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual written agreement or a court of law. Contractor shall keep accurate, detailed records of all disputed work, claims and other such matters. All claims arising out of or related to this Agreement or the Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims and to PCC Section 20104 et seq . (“Article 1.5”) regarding the resolution of public works claims of $375,000 or less. This Agreement hereby incorporates those provisions as through fully set forth herein.

Additionally, if this Project is f or the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind, PCC Section 9204 shall apply to all claims, which are separate Contractor demands sent by registered mail or certified mail with return receipt requested, for one or more of the following:
a time extension, including, without limitation, for relief from damages or penalties for delay assessed by City; City’s payment of money or damages arising from work done by, or on behalf of, Contractor pursuant to the Agreement and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled; and payment of an amount that is disputed by City. Contractor must furnish reasonable docum entation to support the claim. City must 31 Agreement No. 32400427

Page 3 of 8 ends

respond within 45 days, and if Contractor disputes City’s response, or if City fails to respond within the time prescribed in PCC Section 9204, Contractor may demand an informal conference to meet and confer for set tlement of the issues in dispute; that demand must be in writing sent by registered or certified mail, return receipt requested. After that conference , any remaining disputed portion of the claim, as identified by Contractor in writing, must be submitted to nonbinding mediation, with City and Contractor sharing the associated costs equally. Unless otherwise agreed to by City and Contractor in writing, this mediation shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. If a subcontractor lacks legal standing to assert a claim against City because privity of contract does not exist, Contractor may present to City a claim on behalf of that subcontractor in accordance with PCC Section 9204.

14. Termination. City may terminate this Agreement at any time, with or without cause and without penalty, by giving written notice to Contractor. That notice shall specify the effective date of termination, or the effective date of termination shall be 10 calendar days after th e notice. Unless City asserts that Contractor has breached the Agreement, City shall pay Contractor for all services satisfactorily rendered (as determined by City) before the effective date of terminatio n, and such payment shall be in full satisfaction of all services rendered hereunder. If City pays for any materials, City shall be entitled to the title and possession of such materials.

15. Hold Harmless, Defense and Indemnity.
a. The term “Indemnitee” shall mean City, one of its legislative bodies, an elected or appointed official of City and/or a City officer, employee, volunteer, agent, representative, successor and/or assign. b. The term “Responsible Party” shall refer to Contractor, its board or boards and/or any of Contractor’s officers, employees, agents, representatives, subcontractors, material suppliers and/or other entities and/or persons acting on Contractor’s behalf and/or any of their officers, employees, agents, represen tatives, subcontractors and/or material suppliers and/or other entities and/or persons acting on their behalf. c. The term “Claim” shall mean any claim (including, without limitation, a claim for bodily injury, death or damage to property), demand, obligation , damage, action, cause of action, suit, loss, stop payment notice, judgment, fine, lien, penalty, liability, cost and expense of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or resulting from any act, failure to act, error or omission of one or more Responsible Parties arising out of, incident to, related to, in connection with or resulting from the Agreement, including but not limited to the payment of all consequential damages, attorneys’ fee s, experts’ fees, and other related costs and expenses therefor incurred in litigation, arbitration and/or mediation.
d. To the maximum extent permitted by law, Contractor shall, at its sole cost, expense and risk, defend (with competent counsel approved by the City Attorney), indemnify, and hold harmless any and all Indemnitees from and against any and all Claims. Contractor shall promptly pay and satisfy any judgment, award or decree that may be rendered against any and all Indemnitee(s) in any and all such Claim(s). This duty to defend, indemnify and hold harmless shall apply to all Claims regardless of whether any insurance policies are applicable, whether insurance proceeds, if any, were received by one or more Responsible Parties and/or Indemnitees, and/or whether the Claim was caused in part or contributed to by any and all Indemnitee(s). Contractor shall reimburse all Indemnitee(s) for all legal expenses and costs incurred by him, her, it or them in connection with any of these requirements or in enforcing this provision. e. Nothing herein shall be construed (i) to encompass the sole negligence or willful misconduct of City or its agents, servants, or independent contractors, or for defects in design furnished by those persons to the limited extent that this Agreement is subject to Civil Code Section 2782(a), which statute shall be interpreted as narrowly as legally possible, or (ii) to impose on Contractor, its subcontractors, or its supplier of goods or services, or relieve City from, liability fo r City’s active negligence to the limited extent that this Agreement is subject to Civil Code Section 2782(b), which statute shall be interpreted as narrowly as legally possible; provided, however, such sole negligence, willful misconduct and/or active negligence is determined by a written agreement between the parties or by a court of competent jurisdiction. This Section 15 is effective regardless of Indemnitees’ prior, concurrent, or subsequent active or passive negligence, recklessness or willful misconduct.
f. Indemnitees do not and shall not waive any rights that they possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement or the deposit with City of any insurance payment.
g. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against any and all Indemnitees. h. The provisions of this Section 15 shall survive the Agreement’s term and termination, are intended to be as broad and inclusive as is permitted by law, and are in addition to any other rights and/or remedies Indemnitees may have. 32 Agreement No. 32400427

Page 4 of 8 ends

16. Insurance. Contractor shall obtain and maintain during the performance of any services under this Agreement the insurance specified in the Insurance Exhibit, which is attached hereto and incorporated herein by this reference, issued by a company satisfactory to the Risk Manager, unless the Risk Manager waives, in writing, the requirement that Contractor obtain and maintain such insurance. Contractor shall, before performance of any services pursuant to this Agreement, file with the Risk Manager evidence of insurance as specified in the Insurance Exhibit. Maintenance of insurance by Contractor is a mater ial element of this Agreement. Contractor’s failure to maintain or renew its insurance or to provide evidence of renewal may be considered a material breach of this Agreement.

17. Antitrust Claims . In entering into this Agreement, Contractor offers and agrees to assign 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. Sec. 15) or unde r the Cartwright Act (Business and Professions Code Sections 16700 et seq .), arising from the purchases of goods, services, or materials pursuant to this Agreement. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.

18. Hazardous Materials and Materially Differing Conditions. If this Project involves trenching more than 4 feet below the surface, Contractor shall promptly, and before the following conditions are disturbed, notify City in writing, of any: (a) Material that Contractor believes may be material that is hazardous waste, as defined in Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II,or Class III disposal site in accordance with provisions of existing law; (b) Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to Contractor before signing this Agreement; and/or (c) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. City shall promptly investigate the conditions, and if it finds that the conditions do materially differ or do involve hazardous waste and cause a decrease or in crease in Contractor’s cost of, or the time required for, performance of any part of the Project, City shall issue a change order. In the event that a dispute arises between City and Contractor regarding whether the conditions materially differ, involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the Project, Contractor shall not be excused from the “(7) Project Completion Date” on the Cover Page, but shall proceed with all work to be performed under this Agreement. Contractor shall retain any and all rights pertaining to the resolution of disputes and protests betwee n Contractor and City.

19. Protection of Life and Limb . If this Agreement is for the construction of a pipeline, sewer, sewage disposal system, boring and jacking pits, or similar trenches or open excavations, which are 5 feet or deeper, Contractor must submit to City before beginning any work on the Project adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life or limb, which method shall conform to applicable safety orders.

20. Main and Trunkline Utilities. City assumes the responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities loca ted at the Project site if such utilities were not identified in the plans and specifications, other than existing service laterals or appurtenances whenever the presence of such utilities at the Project site can be inferred from the presence of other visi ble facilities, such as buildings, meter and junction boxes, on or adjacent to the Project site. City shall compensate Contractor for: the costs of locating; repairing damage not due to Contractor’s failu re to exercise reasonable care; removing or relocating such utility facilities not indicated in the plans and specifications, if any, with reasonable accuracy; and equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay in completion of the Project when su ch delay was caused by the failure of City or the utility owner to provide for removal or relocation of such utility facilities. While performing the Agreement, if Contractor discovers utility facilities not identified by City in the plans or specification s, if any, Contractor shall immediately notify both City and the utility in writing.

21. Locating Existing Elements . The methods used and costs involved to locate existing elements, points of connection and all construction methods are Contractor’s sole respo nsibility. City does not guarantee accuracy of information as to existing conditions. Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include without limitation contacting Under ground Service Alert of Southern California and other private underground locating firms, utilizing specialized locating equipment and hand trenching.

22. Work Hours . Except as otherwise specified in a City -issued permit, Contractor shall perform no work: on Saturdays and Sundays; on major highways between the hours of 7:00 p.m. and 7:00 a.m. of the following calendar day; on a street before 8:30 a.m. or after 3:30 p.m.; and at any other work site before 7:00 a.m. or after 6:00 p.m. Additionally, no work will be allowed on scheduled holidays observed by City.

23. License and Permits . Before providing services under this Agreement, Contractor shall obtain all required licenses and permits, including a City business tax certificate. Contractor guarantees and warrants that it currently has, and 33 Agreement No. 32400427

Page 5 of 8 ends

shall retain in active status for the duration of the term of this Agreement, a State contractor’s license as listed in “(9) Contractor’s License Classification” on the Cover Page.

24. Independent Contractor . Contractor 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 Contractor or any of Contractor’s employees, except as provided in this Agreement, and Contractor is fr ee to dispose of all portions of its time and activities which it is not obligated to devote to City in such a manner and to such persons, firms, or corporations Contractor wishes except as expressly provided in this Agreement. Contractor and its employees and agents shall have no power 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. Contractor and its employees are not employees of City, so they are not entitled to rece ive 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, or health, life, dental, long -term disability and workers’ compensation insurance benefits. Contractor 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. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold Indemnitees harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall be solely responsible for, and shall save Indemnitees harmless from, all matters relating to the payment of: Contractor’s subcontractors and material suppliers; and Contractor’s officers, employees, agents and representatives, includi ng 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 Cont ractor under this Agreement any amount due to Indemnitees from Contractor as a result of its failure to promptly pay to Indemnitees any reimbursement or indemnification arising under this Section.

25. Prevailing Wages . If City and Contractor selected the affir mative response to (10) on the Cover Page, this Project is a “public work,” as defined in Labor Code Sections 1720 through 1861, to which Section 1771 applies. In providing services under this Agreement, Contractor shall comply with all applicable laws, or dinances and regulations, including but not limited to those in the Prevailing Wage Exhibit, which is attached hereto and incorporated herein by this reference.

26. Workers’ Compensation . In accordance with the provisions of Labor Code Sections 1860 and 1861, by signing this Agreement, 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 provisions before commencing the performance of the work of this [Agreement].”
Contractor further agrees to indemnify and hold Indemnitees harmless from any failure of Contractor to comply with applicable workers’ compensation laws.

27. Subcontracting. Contractor shall adhere to all provisions of the Subletting and Subcontracting Fair Practices Act, PCC Section 4100 et seq., which is incorporated herein by this reference.

28. Nondiscriminatory Employment. Contractor 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, ge netic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status. Contractor understands and agrees that it is bound by and will comply with all lega l nondiscrimination mandates. For every subcontractor who will perform work on the Project, Contractor shall be responsible for such subcontractor’s compliance with this Section. Contractor shall include in the written contract between itself and each subcontractor a copy of the provisions in this Section and a requirement that each subcontractor shall comply with those provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s co mpliance.

Contractor shall diligently take corrective action to halt or rectify any failure.

29. Compliance with Laws. Contractor shall comply with all applicable federal, State and local laws, ordinances, codes and regulations in force at the time Contractor performs pursuant to the Agreement.

30. Bonds. Contractor shall obtain the bonds required in (11) of the Cover Page, if any, each in an amount that is not less than the amount listed in (11) of the Cover Page, by a California admitted surety, and nothing in this Agreement shall be read to excuse this requirement. Such bonds shall be in a form provided or approved by the City Attorney. Should Contractor not submit these bonds within 14 calendar days of receipt of the Agreement fully executed by the City, City shall have the option to immediately terminate the Agreement and offer a similar agreement to another contractor. 34 Agreement No. 32400427

Page 6 of 8 ends

31. Trade Names or Equals. Where a trade name product is required, Contractor may supply that trade name item or may submit to City in writing a pro posed equivalent, together with all documentation necessary for the City Engineer to determine equivalence, within 10 calendar days of the date that is written as “(1) Agreement Date” on the Cover Page. If Contractor requests to substitute an equivalent item for a trade name item, the burden of proof as to the comparative quality and suitability of alternative equipment or articles or materials shall be upon Contractor, and Contractor shall furnish, at its own expense, all information necessary or related t hereto as required by the City Engineer. The City Engineer will determine in writing whether the proposed product is equivalent to that specified in accordance with PCC Section 3400.

32. Contractor’s Representations . Contractor represents, covenants and agrees that: a) Contractor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in this Agreement; b) there are no obligations, commitments, or impediments of any kind that will limit or prevent Contractor’s full performance under this Agreement; and c) there is no litigation pending against Contractor, and Contractor is not the subject of any criminal investigation or proceeding.

33. Fictitious Na me. If Contractor has a fictitious name, Contractor shall submit to City a currently effective Fictitious Business Name Statement approved by any California county by the time Contractor signs this Agreement. If at any time during the term of this Agreemen t, including any term amendment or any utilized optional term addition, that Fictitious Business Name Statement expires, Contractor shall submit to City a new Fictitious Business Name Statement approved by any California county before the prior Fictitious Business Name Statement expires.

34. Conflicts of Interest. Contractor shall not to accept any employment or representation during the Agreement’s term or within 12 months of City’s written Project acceptance (which acceptance shall occur after all requirement s of this Agreement have been fulfilled to the satisfaction of City) that is or may likely make Contractor and/or a City official, officer and/or employee “financially interested,” as provided in Government Code Sections 1090 and 87100, in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to the Agreement.

35. Third-Party Claims. City shall have full authority to compromise or otherwise settle any claim relating to the Agreement at any time. City shall timely notify Contractor of the receipt of any third -party claim relating to the Agreement.

City shall be entitled to recover its reasonable costs incurred in providing this notice.

36. Non-Assignability. Contractor shall not transfer any interest in this Agreement , whether by assignment or novation, without City’s prior written consent. Any purported assignment without written consent shall be null, void, and of no effect, and Contractor shall hold harmless, defend and indemnify Indemnitees with respect to any Clai m arising from or relating to any such assignment.

37. Applicable Law and Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California’s choice of la w rules. Venue for any such action relating to the Agreement shall be in the Ventura County Superior Court.

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

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

1. Cumulative Remedies . All rights and remedies of City herein shall be in addition to all other rights and remedies available at law or in equity, including, without limitation, specific performance for the enforcement of this License, and temporary and permanent injunctive relief.

2. Integration and Amendment. This Agreement, including any other documents incorporated herein by specific reference, collectively constitute the entire and integrated agreement of C ity and Contractor regarding the subject matter described herein. This Agreement supersedes all prior oral or written communications, negotiations, representations, agreements and promises. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement.

40. Construction. In the event of any asserted ambiguity in or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation holding against the party who causes the uncertainty to exist or against the party who drafted the whole or a portion of the Agreement.

41. No Waiver. Waiver by either party of any one or more of the condit ions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of cov enant, or any default that may 35 Agreement No. 32400427

Page 7 of 8 ends

then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.

42. Notice. Except as otherwise req uired by law, a notice or communication authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during City’s regular business hours or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses listed as “(12) Addresses for Notice” on the Cover Page or at such other address as one party may notify the other in writing.

43. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and all of which, when taken together, shall be deemed to be one and the same agreement. A signed copy of this Agreement transmitted by email to those emails liste d in “(13) Contact Names and Emails” on the Cover Page (or at such other email address as one party may notify the other in writing) or by other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes.

44. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

[Signatures on next page]

36 Agreement No. 32400427

Page 8 of 8 ends

IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the date that is written as “(1) Agreement Date” on the Cover Page.

CITY OF OXNARD GARCIA’S LANDSCAPING
MAINTENANCE, INC.

☒ John C. Zaragoza1 Date Pablo Garcia, President Date ☐ Purchasing Manager

Tenley Garcia Hernandez, Date
Secretary, 2

ATTEST:

________________________ ____________
Rose Chaparro, City Clerk Date
(only if Mayor signs)

APPROVED AS TO FORM:

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

1 The City Council must authorize and the Mayor must execute any agreement over $200,000. The Purchasing Agent may execute any 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 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. 37 Agreement No. 32400427

SCOPE OF WORK EXHIBIT

The Contractor shall furnish all necessary labor, materials, equipment and other incidental and appurtenant Work to complete the replacement of thirty ( 30) benches in the Seabridge Community . All work shall be completed in accordance with applicable federal, state, and local regulations.

The scope of Work shall include, but not be limited to:

1. Remove thirty (30) existing ground mounted benches along the Seabridge Community Trail. Contractor to dispose of the removed benches and any related waste materials. The benches to be replaced will be marked with a number 1-30.

2. Provide and install thirty (30) new benches along the Seabridge Community Trai l to replace the removed benches.

The new benches must be Superior Recreation Products Model #B6WBULS bench per attached Appendix A. This product must be used in order to match other products already in use at this facility. Benches are to be installed following manufacturer’s instructions.

3. New bench installation is to include all necessary concrete work. The bench footings are to be installed according to the guidelines in the attached Appendix A page 7 - "Footings."

4. Provide signs and caution notifications around work areas as needed.

5. Work to be completed within sixty (60) Calendar Days of the City’s Notice to Proceed.

38 Model #
B6WBULS
3/21/2019 Page 1 of 8
APPENDIX A Agreement No. 32400427
39 5/16" Washer

HARDWARE
5/16" x 1"
Machine Bolt
5/16" Kep Nut
3/21/2019 Page 2 of 8
Agreement No. 32400427
40 PRODUCT SPECIFICATIONS
Seats & Back: 11 gauge die formed angle frame 1”x1-7/8” with 3” radius corners. 3/4” #9 steel expanded metal. 10 gauge x 1-1/2” flat bar center support and mounting bracket understructure. Electrically MIG welded.

Coating: Oven fused functionalized polyethylene copolymer-based thermoplastic. Fluidized bed coating application with superior mechanical performance, impact resistance and UV-stability.

Frame: 2-3/8” O.D. x 12 gauge pre-galvanized structural steel tubing. Seat/back support is bent over a mandrel through the bend radius producing a wrinkle free bend. Tube ends are pre-galvanized steel capped. Seat mounting points are 7 gauge x 1-1/2” die stamped steel flat bar. All electrically MIG welded.

Frame Coating: Electrostatic powder coated application oven cured.

Hardware: All stainless steel hardware fasteners.

Dimensions: 6’ bench inground with back. Seats and back 10” wide x 72” long. Seat height is 18”, seat back height is 34”. Total depth of seat with back is 21-1/2”.

B6WBULS

INGROUND BENCH WITH BACK
3/21/2019 Page 3 of 8
Agreement No. 32400427
41 COMPONENTS
4 3
5 1
2 ITEM NO. PartNo DESCRIPTION QTY
1 P-V940S 940 In Ground Leg 2
2 T-EV72-S 6' x 10" expanded seat 2
3 33-02-0007 5/16" SS Washer 16
4 33-05-0029 5/16" x 1" Machine Bolt (SS) 8
5 33-03-0012 5/16" Kep Nut (SS) 8
3/21/2019 Page 4 of 8
Agreement No. 32400427
42 STEP 1
Attach the seat plank to the legs using specified hardware. 4 3
5 2
3/21/2019 Page 5 of 8
Agreement No. 32400427
43 Repeat Step 1 for the back.
2 STEP 2
3/21/2019 Page 6 of 8
Agreement No. 32400427
44 51 3/4"12" X2
12"
18" 18"
12"
18" 18"

FOOTINGS
Estimated Required Concrete: 7 - 50 lb. Bags of Concrete 3/21/2019 Page 7 of 8
Agreement No. 32400427
45 18"
34"
72"
21 9/16"
10"
Ground Level
49 11/16"

OVERALL DIMENSIONS
3/21/2019 Page 8 of 8
Agreement No. 32400427
46 Agreement No. 32400427

RATES AND COSTS EXHIBIT

Rates below include full compensation to furnish all necessary labor, materials, equipment and other incidental and appurtenant Work as more fully described in the Scope of Work Exhibit and as directed by the Project Manager.

Removal and installation of 30 park benches: $12,650.00

47 Agreement No. 32400427

INSURANCE EXHIBIT INS-D

INSURANCE REQUIREMENTS FOR SMALL/MEDIUM CONSTRUCTION AND SERVICES CONTRACTS (WITHOUT BUILDER’S RISK REQUIREMENT)

1. Contractor shall obtain and maintain during the performance of any services under this Contract the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performa nce 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 $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 pr oject location or shall be twice the occurrence amount;
b. Business Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;”
c. If architectural, engineering, or electrical work will be performed under the Contract, Professional Liability/Errors and Omi ssions Insurance appropriate to the work being done in an amount not less than $1,000,000, with neither Contractor nor listed subcont ractors 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.

1. Contractor shall, prior to performance of any services, file with the Risk Manager certificates of insurance with ori ginal endorsements effecting coverage required by this Exhibit INS -D. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before work commences.

City reserves the right to require complete certified copies of all req uired insurance policies at any time. The certificates of insurance and endorsements shall be sent via email. If you have not received your request or are having difficulty with electronic upload, contact [email protected]

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

3. Contractor agrees that the Commercial General Liability and Business Automobile Liability Insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or aut omobiles owned, leased, hired or borrowed by Contractor. The co verage 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-D 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).

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

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

6. All insurance standards applicable to Contractor shall also be applicable to Contractor’s subcontractors. Contractor agrees to maintain appropriate agreements with subcontractors and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager. 1/23
48 Agreement No. 32400427

INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS

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 sa mple 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 t he insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.

Endorsement Forms
Original endorsements are required for general liability and automobile liability insurance policies and must be attached to the appli cable certificate of insurance. City preference is that you use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the attached.

INS-D.doc
49 Agreement No. 32400427

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

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

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

A AUTOMOBILE LIABILITY
S
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY
M

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM

EACH OCCURRENCE $
AGGREGATE $

WORKERS' COMPENSATION
AND

EMPLOYERS' LIABILITY

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

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 Agreement
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

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.

PMB 5210
Indianapolis, Indiana 462500-4299 US

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

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

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

TY AGREEMENTS/PERMITS

TYPE OF INSURANCE

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

OTHER PROVISIONS

COVERAGES
LIABILITY LIMITS IN THOUSANDS $

EACH OCCURRENCE

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

Underwriter=s representative for claims pursuant to this insurance.

CLAIMS:

Name:

Address:

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

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

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

3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the co mpany’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organiz ation 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
CIT
Y 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
(origin al signature required)
Telephone: ( ) Date Signed
Rev. 1/23 INS-D.doc
Agreement No. 32400427
51 Agreement No. 32400427

Rev. 1/23 INS-D.do

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 $ w

NAMED INSURED

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

CITY AGREEMENTS/PERMITS

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

Name:

Address:

Telephone: ()

$ per accident, for bodily injury and property damage.

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

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

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary 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 othe r 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.

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
52 Agreement No. 32400427

PREVAILING WAGE EXHIBIT

1. The Project defined in the Agreement between City and Contractor is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and this Agreement is subject to Chapter 1 and the rules and regulations established by the Director of Industrial Relations (“DIR”) i mplementing such statutes. Contractor shall perform the Project as a public work. Contractor 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 herei n.

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 with the Project Coordinator at City Hall and will be made available to any interested party on request. They are also available at http://www.dir.ca.gov/Public -Works/Prevailing- Wage.html. Contractor shall post such rates at each job site covered by this Agreement.

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

4. Contractor 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 prevai ling wages. Contractor 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 t his Agreement by Contractor or any subcontractor. The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.

5. Contractor shall comply with Labor Code Section 1776, which requires Contractor and each subcontractor to (1) k eep 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. Contractor shall comply with Labor Code Secti ons 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. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Before commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days of the Agreement Ending Date listed in (6) of the Cover Page or the conclusion of the Project, whichever happens later, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

7. Contractor shall not be debarred or suspended throughout the duration of this Agreement pursuant to Labor Code Section 1777.1 or 1777.7. If Contractor becomes debarred or suspended throughout the duration of the Agreement, Contractor shall immediately notify City.

8. Contractor is not qualified to bid on, be listed in a Bid, or engage in the performance of any contract for public work, as defined in LC Sections 1720 through 1861, unless currently registered and qualified to perform public work pursuant to LC Section 1725.5. Contractor shall cont inue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the Agreement’s term. 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. Contractor acknowledges that 8 hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Section 1810.

10. Contractor shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit $25 for each worker employed in the performance of this Agreement by Contractor or by any subcontractor for each calendar day during whic h 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 Contractor’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 1½ times the basic rate of pay.

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

12. Contractor 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 a nd 3700. Contractor 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.

Contractor shall be required to take all actions necessary to en force 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 i ts workers the specified prevailing rate of wages, Contractor shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent, Contractor shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify City, its legislative bodies, and its officials, officers, employees, agents, successors and assigns from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, 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 Contractor under this Section shall survive Agreement termination.
53 14

CITY OF OXNARD

TELEPHONE QUOTATION FORM
Bid No.

Req. No.

P. O. No.
2 5 Issued By
Date
Proposal Date 1 2 3 4 5 6
3 6 Proposed Delivery
Discount Terms
F.O.B. Point
Item Qty Unit Description
Proposed Total
Amount Awarded
Garcia's Landscaping
& Maintenance Inc.
[email protected]
$12,650
Installation of Park Benches - Including Labor Hours & Materials To Be Arranged
Mariposa Landscapes Inc.

To Be Arranged
$22,500
[email protected]
30 1
Bill Haddad Concrete
[email protected]
N/A
N/A
1/4/24
1/9/24
N/A
George Rivera Jr
1/10/2024
$12,650
$12,650
$22,500
$0
N/A
N/A
54 Estimate
Date
1/4/2024
Estimate #
1974
Name / Address

CITY OF OXNARD / ERIC STORRIE
300 WEST 3RD ST. 2ND FLOOR
OXNARD, CA 93030
Project
Total
2775 N. VENTURA RD. SUITE 104
OXNARD, CA. 93036
OFFICE: 805 - 479 -0168
LICENSE # 963018
[email protected]
Description Qty Rate Total

SEABRIDGE TRAIL
INSTALLATION OF 30 PARK BENCHES
A-8438

0.00 0.00

MATERIAL
25 BAGS OF CONCRETE

CONCRETE DRILL BIT/TOOLS FOR THE REMOVAL OF EXISTING BENCHES 950.00 950.00
180 HOURS OF LABOR 180 65.00 11,700.00
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined above. Please sign and return.

SIGNATURE____________________ DATE_________
Good for 30 days
$12,650.00
55 TEL 800 • 794 • 9458 • FAX 626 • 960 • 8477 • www.mariposa-ca.com 6232 SANTOS DIAZ ST., IRWINDALE, CA 91702 • CA CONTRACTOR’S LIC # 592268 A, C-27, D-49, C-61, C-31 Our Core Values – Safety • Teamwork • Quality • Integrity January 9, 2024
City of Oxnard
1060 Pacific Ave., Bldg. 1
Oxnard, CA 93030
Attn: George Rivera – Project Manager
805-385-7578 [email protected]
Proposal
Scope
Install 30 benches in the Seabridge Community in Oxnard, CA. Installing the Superior Recreation Products Model #B6WBULS bench per attached specifications.

Total Price for the above-described work............................................................................. $22,500.00 Notes and Clarifications
• Proposal valid for 90 days from the above submission date • Bid at prevailing wage as of the date of this proposal, Landscape/Irrigation Laborer & Operator. • City provides the 30 Model #B6WBULS benches as well as the mounting hardware. • Installation includes building the benches and the concrete footings by the contractor. • Removal of any existing benches, hardware or footings is not included and extra billed at T&M • It is assumed that installation is in soil areas next to hardscape. Core drilling flatwork is extra. • Layout per city approval. Any surveying required will be extra. • Demo and/or installation of concrete work like slabs, walks, curbs, and the like is not included in this proposal.
• It is assumed that the benches themselves are stored and retrieved from the city yard.

Submitted,
1/9/24
Larry Rudd – VP Sales & Marketing
Mariposa Landscapes, Inc.

Date George Rivera – Project Manager
City of Oxnard
Date
Larry Rudd
56 Rowley, Sarah <[email protected]>
3rd quote - bench install -Seabridge
Rivera Jr., George <[email protected]> Wed, Jan 10, 2024 at 8:51 AM To: Sarah Rowley <[email protected]>
Hi Sarah,
For the 3rd quote associated with the bench install for Seabridge the company name is:

Bill Haddad Concrete
https://www.thumbtack.com/ca/simi-valley/concrete-contractors/bill-haddad-concrete/service/369713152199901190 First contact was made on 12/20/23
He did respond on 12/20/23
We spoke on phone on 12/21/23 he asked for the specs.

I have reached out 2x since and he has not responded after asking for the install specs. reached out via email - 1/4/24 & 1/9/24
Thanks,
George
--
George Rivera Jr. - Project Manager
Public Works Department, Special Districts
1060 Pacific Ave, Building 1
Oxnard, California 93030
O: 805.385.7578
www.oxnard.org
57 Installation specifications are
on the following pages.
58 Model #
B6WBULS
3/21/2019 Page 1 of 8
59 5/16" Washer

HARDWARE
5/16" x 1"
Machine Bolt
5/16" Kep Nut
3/21/2019 Page 2 of 8
60 PRODUCT SPECIFICATIONS
Seats & Back: 11 gauge die formed angle frame 1”x1-7/8” with 3” radius corners. 3/4” #9 steel expanded metal. 10 gauge x 1-1/2” flat bar center support and mounting bracket understructure. Electrically MIG welded.

Coating: Oven fused functionalized polyethylene copolymer-based thermoplastic. Fluidized bed coating application with superior mechanical performance, impact resistance and UV-stability.

Frame Coating: Electrostatic powder coated application oven cured.

Hardware: All stainless steel hardware fasteners.

Dimensions: 6’ bench inground with back. Seats and back 10” wide x 72” long. Seat height is 18”, seat back height is 34”. Total depth of seat with back is 21-1/2”.

B6WBULS

INGROUND BENCH WITH BACK
3/21/2019 Page 3 of 8
61 COMPONENTS
4 3
5 1
2 ITEM NO. PartNo DESCRIPTION QTY
1 P-V940S 940 In Ground Leg 2
2 T-EV72-S 6' x 10" expanded seat 2
3 33-02-0007 5/16" SS Washer 16
4 33-05-0029 5/16" x 1" Machine Bolt (SS) 8
5 33-03-0012 5/16" Kep Nut (SS) 8
3/21/2019 Page 4 of 8
62 STEP 1
Attach the seat plank to the legs using specified hardware. 4 3
5 2
3/21/2019 Page 5 of 8
63 Repeat Step 1 for the back.
2 STEP 2
3/21/2019 Page 6 of 8
64 51 3/4"12" X2
12"
18" 18"
12"
18" 18"

FOOTINGS
Estimated Required Concrete: 7 - 50 lb. Bags of Concrete 3/21/2019 Page 7 of 8
65 18"
34"
72"
21 9/16"
10"
Ground Level
49 11/16"

OVERALL DIMENSIONS
3/21/2019 Page 8 of 8
66 4
9 5
34 7
8 1
2 3 & 4
1 &
2 03
30 14
12 36
43 28
38 31
46 39
13 25
51 52
10 16
47 37
34 42
24 58
41 23
33 11
40 60
27 55
50 4954
32 53
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The City does not make any representations or warranties regarding the use, accuracy, reliability, and/or completeness of this map and no decision involving a risk of economic loss or physical injury should be made in reliance thereon. µ Maintenance Assessment District (District No.)
Waterway Assessment District (Zone No.)
Community Facilities District (District No.)
Landscape Maintenance District (District No.)

CITY OF OXNARD SPECIAL DISTRICTS
3,000 0 3,000 6,000
Feet
Created by:

Geographic Information Systems Division
March 2023
Data Source:

City of Oxnard GIS Division
County of Ventura GIS Program
67 1 & 2 – Westport at Mandalay Bay 7 – Wagon Wheel
3 & 4 – Seabridge at Mandalay Bay 8 – Sakioka Farms
5 – Riverpark 9 – Northshore at Mandalay Bay
3 – Riverridge 37 – Pacific Cove
10 – Country Club 38 – Aldea Del Mar
11 – St Tropez 39 – El Sueno Promesa
12 – Standard Pacific 40 – Cantada
13 – Le Village 41 – Pacific Cove
14 – California Cove 42 – Cantabria/Coronado
16 – California Lighthouse 43 – Greenbelt
23 – Greystone 46 – Daily Ranch
24 – Vineyards 47 – Sycamore Place
25 – The Pointe 49 – Cameron Ranch
27 – Rose Island 50 – PV Senior Housing
28 – Harborside 51 – Pfeiler
30 – Haas Automation 52 – Wingfield
31 – Rancho De La Rosa 53 – Huff Court
32 – Oak Park 54 – Meadowcrest
33 – El Paseo 55 – Wingfield West
34 – Sunrise Pt/Sunset Cove 58 – Westwind
36 – Villa Santa Cruz 60 – Artisan
Zone 1 – Mandalay Bay Zone 2 – Harbour Island

MAINTENANCE ASSESSMENT DISTRICT

WATERWAYS ASSESSEMENT DISTRICTS
4 – Mandalay Beach/Colony

LANDSCAPE MAINTENANCE DISTRICTS
CITY OF OXNARD – SPECIAL DISTRICTS
LANDSCAPE MAINTENANCE DISTRICT * COMMUNITY FACILITIES DISTRICTS WATERWAYS ASSESSMENT DISTRICTS * MAINTENANCE ASSESSMENT DISTRICTS

COMMUNITY FACILITIES DISTRICTS
68 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.4

DATE: April 16, 2024

TO: City Council

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

SUBJECT: Public Project Agreement 32400383 with Best Contracting Services, Inc. for On-Call Roofing Maintenance and Minor Repair Services Project, Specification No. PW 23-95.

RECOMMENDATION

That the City Council authorize the Mayor to execute an Agreement with Best Contracting Services, Inc. for a total amount not to exceed $190,000 for a maximum two-year term for on-call roofing maintenance and repair services.

(Public Works and Transportation Committee approved 3-0 on March 26, 2024.)

BACKGROUND

The City has a number of contract service agreements for the maintenance and repair of City buildings. Current agreements include services for heating, ventilation, and air conditioning (HVAC) systems, elevator maintenance, industrial door repair, pest control, inspection and repair of fire suppression systems, and inspection and repair of fire alarm systems. These agreements provide regulatory compliance, technical expertise, as well as staff support during periods of high demand or for after-hours services.

There are currently two Agreements with Best Contracting Services, Inc.:

The first Agreement (9697-22-PW) was issued on July 12, 2022 for the Facilities Division on-call roofing services in the amount not to exceed $190,000. This Agreement expires on July 11, 2024. However, the not-to-exceed limit has been reached and a new on-call roofing services agreement is necessary.

The second Agreement (32400176) was issued to the Wastewater Division for on-call roofing services as an exclusive on- call service agreement with Best Contracting, Inc. in the amount not to exceed $185,000. As an exclusive on-call Agreement, this only services the Wastewater facilities.

DISCUSSION

On December 4, 2023, the City released a Request for Bid (RFB) No. PW 23-95 for on-call roofing maintenance and repair services for the Facilities Division. The RFB closed on January 10, 2024, and the City received two bid proposals.

Best Contracting Services, Inc. was the lowest responsive bidder. Procurement staff have verified possession of the required and currently valid licenses, reviewed the federal Occupational Safety and Health Administration (OSHA) website for safety violations, and verified registration with the California Department of Industrial Relations (DIR).

Based upon the available information and research performed to date, staff believes that the contractor is capable of satisfactorily performing this Agreement.

Since Best Contracting, Inc. has an existing Agreement with the Wastewater Division, City Council approval is required for the new Agreement with the Facilities Division because the aggregate for this vendor will exceed the annual purchasing limit of $200,000 by a single vendor, per the City’s Purchasing Policy. 69 Work under this Agreement will be issued through task orders at the direction of the Project Manager.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

The total cost for this Agreement shall not exceed $190,000 over a two-year contract term. Services will only be provided with available funding within the City Council-approved Facilities Maintenance (Fund 735) operations budget or with available funds from the City Council-approved operating budgets of the department or division requesting the services.

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 3-0 on March 26, 2024 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Steve Howlett, Assistant Public Works Director

ATTACHMENTS

1. 32400383_BestContracting Agreement

70 Agreemen
t No. 32400383
1 1. Incorporatio
n. The Contract consists of all Contract Docu ments, which shall include the General Provisions, Special Provisions and all documents referenced in either the General or Special Provisions as well as the Contractor’s Bid Response. These documents are incorporated herein by reference.

2. Scope of Services. Contractor shall perform all Tasks in a good and workmanlike manner for the project identified as the ON-CALL ROOFING MAINTENANCE AND MINOR REPAIR SERVICES PROJECT, Specification No. PW 23-95 (“Project”), as described in this Contract and in the Contract Documents, throughout the Contract Term. The Bid Sheets from the Contractor’s Bid Response are attached hereto as “Exhibit A” and incorporated herein by this reference. The Special Provisions from the Contract Documents are attached hereto as “Exhibit B” and incorporated herein by this reference.

3. Compensation. In consideration of the services rendered pursuant to the requirements listed in the Contract Documents, City shall pay Contractor for each Task in accordance with the Contract Unit Prices submitted in the Bid and included in the attached Exhibit A, which in any case shall not exceed one hundred ninety thousand dollars ($190,000) during the Contract Term.

4. Contract Term. The Contract Term shall begin on the Effective Date and end two (2) years thereafter, unless sooner terminated pursuant to the Contract Documents.

5. 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 Documents. This assignment shall be made and become effective at the time City tenders final pa yment to Contractor without further acknowledgment by the parties.

6. Prevailing Wages. City and Contractor acknowledge that the Tasks comprising th e Project are public works to which prevailing wages apply. Once the Project Manager issues a Task Order, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the corresponding Task will be on file with the Project Coordinator at City Hall and will be made available to any interested party on request. Contractor and all Subcontractor s 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 an d qualified to perform public work pursuant to Labor Code Section 1725.5 at the time of Bid submission.

7. 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

CITY OF OXNARD CONTRACT FOR

THE ON-CALL ROOFING MAINTENANCE AND MINOR REPAIR SERVICES PROJECT SPECIFICATION NO. PW 23-95
THIS CONTRACT (“Contract”) is made and entered this ______ day of _____________, 2024 (“Effective Date”), by and between the CITY OF OXNARD, a California municipal c orporation (“City”) and BEST CONTRACTING SERVICES, INC. (“Contractor”). Contractor’s license number is 456263.

In consideration of the covenants set forth herein, the parties hereto agree as follows:
71 72

Agreement No. 32400383

3 IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the first written above.

CITY OF OXNARD BEST CONTRACTING SERVICES, INC.

☒ John C. Zaragoza, Mayor2 Date Mojitaba Tabazedeh, President 3 Date ☐ Jennifer Yates, Purchasing Manager

Sean Tabazadeh, CEO/Secretary Date

ATTEST:

Rose Chaparro, City Date
Clerk (only if Mayor signs)

APPROVED AS TO FORM:

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

2 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.
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.

73 74
75 76
77 78
79 80
81 82
83 84
85 86
87 88
89 90
91 92
93 94

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.5

DATE: April 16, 2024

TO: City Council

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

SUBJECT: Public Project Agreement 32400262 with Central Coast Engineering for On-Call Plumbing Maintenance and Minor Repairs Services, Specification No. PW 23-105.

RECOMMENDATION

That the City Council authorize the Mayor to execute an Agreement with Central Coast Engineering for a total amount not to exceed $196,000 for a one-year term for on-call plumbing maintenance and repair services.

(Public Works and Transportation Committee approved 3-0 on March 26, 2024.)

BACKGROUND

On July 15, 2022, the City Manager approved the current on-call plumbing services agreement (9665-22-PW) with Central Coast Engineering for $185,000, which expires on July 15, 2024. However, due to the significant amount of deferred maintenance that needs to be addressed at City facilities, the not-to-exceed limit will be reached prior to the term date, and a new on-call roofing services agreement is necessary.

DISCUSSION

On August 2, 2023, the City provided notice and released a Request for Bid (RFB) No. 23-105, for on-call plumbing maintenance and repair services. The RFB closed on August 22, 2023, and Central Coast Engineering was the only responsive bidder. Staff proceeded with a Negotiated Single Source (NSS) Agreement since Central Coast Engineering was the only bid response. Procurement staff have verified possession of the required and currently valid licenses, reviewed the federal Occupational Safety and Health Administration (OSHA) website for safety violations, and verified registration with the California Department of Industrial Relations (DIR). Based upon the available information and research performed to date, staff believes that the contractor is capable of satisfactorily performing this Agreement.

Central Coast Engineering was awarded a previous agreement (with a total amount of $185,000 as noted above) for on- call plumbing maintenance and repair services which has $50k remaining in this fiscal year. As such, City Council approval is required because this new agreement for $196,000 will exceed the annual purchasing limit of $200,000 by a single vendor, per the City’s Purchasing Policy, when adding in the existing contract with a remaining amount of $50k this fiscal year.

Work under these agreements will be issued through task orders at the direction of the Project Manager.

95 STRATEGIC PRIORITIES

FINANCIAL IMPACT

The total cost for this Agreement shall not exceed $196,000 for the one-year contract term. Services will only be provided with available funding within the City Council-approved Facilities Maintenance (Fund 735) operations budget or with available funds from the City Council-approved operating budgets of the department or division requesting the services.

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 3-0 on March 26, 2024 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Steve Howlett, Assistant Public Works Director

ATTACHMENTS

1. 32400262 Central Coast Eng. Agreement

96 A
greement No.: 32400262
1 CITY OF OXNARD CONTRACT FOR

ON-CALL PLUMBING MAINTENANCE

AND MINOR REPAIR SERVICES
SPECIFICATION NO. PW 23-105
T
HIS 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 CENTRAL COAST ENGINEERING (“Contractor”). Contractor’s license number is 1005461.

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

1. I ncorporation. The Contract consists of all Contract Documents, which shall include the General Provisions, Special Provisions and all documents referenced in either the General or Special Provisions, filled in Designation of Subcontractors, filled in Industrial Safety Record Form, Plans, Standard Plans, 2018 edition of the Standard Specifications for Public Works Construction and the 2019 Errata No. 1 to the Standard Specification for Public Works Construction 2018 Edition (collectively the “Greenbook” or “SSPWC”) except for Sections marked within the General and Special Provisions as exempt, Reference Specifications, insurance documentation, Bonds, the City business license, permits from regulatory agencies, Change Orders and Supplemental Agreements. These documents are incorporated herein by reference.

2. Scope of Services. C
ontractor shall perform all Tasks in a good and workmanlike manner for the project identified as the On -Call Plumbing Maintenance and Minor Repair Services , S
pecification No. PW 23- 105 (“Project”), as described in this Contract and in the Contract Documents, throughout the Contract Term. The Rates and Costs are attached hereto as “Exhibit A” and incorporated herein by this reference. The Special Provisions from the Contract Documents are attached hereto as “Exhibit B” and incorporated herein by this reference.

3. C ompensation. I n consideration of the services rendered pursuant to the requirements listed in the Contract Documents, City shall pay Contractor for each Task in accordance with the Contract Unit Prices included in the attached Exhibit A, which in any case shall not exc eed one hundr
ed ninety-six thousand dollars ($196,000) during the Contract Term.

4. Contract Term. The Contract Term shall begin on the Effective Date and end one (1) year thereafter, unless sooner terminated pursuant to the Contract Documents.

5. Antitru st 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.) ar
ising 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.

6. Prevailing Wages. C ity and Contractor acknowledge that the Tasks comprising the Project are public work to which prevailing wages apply. Once the Project Manager issues a Task Order, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the corresponding Task will be 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 16 April 24
97 A
greement No.: 32400262
2 qualified to perform public work pursuant to Labor Code Section 1725.5 at the time of Bid submission.

7. W orkers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions befor e
c
ommencing the performance of the Work of this Contract.”

8. 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.

9. 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.

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

11. 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.

12. Counterparts. This Contract may be executed in one or more counterparts, each of whic h shall be deemed an original, but all of which together shall constitute one and the same instrument. A signed copy of this Contract transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Contract for all purposes. This provision shall likewise apply to all Task Orders and other Contract Documents.
[
signatures on following page]
98 A
greement No.: 32400262
3 IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the first written above.

TY OF OXNARD CENTRAL COAST ENGINEERING
☒ J ohn C. Zaragoza, Mayor 1 Date Ralph Casillas, Jr., CEO/Secretary2 Date ☐ Purchasing Manager
AT
TEST:

Rose Chaparro, City Date
Clerk (only if Mayor signs)
AP
PROVED 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 Manager execute any 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 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- l isted persons are not the appropriate signers, please submit to the City Attorney legally -binding documentation stating who can sign and bind your company.
99 Agreement No.: 32400262

Exhibit INS-D

INSURANCE REQUIREMENTS FOR SMALL/MEDIUM CONSTRUCTION AND SERVICES CONTRACTS (WITHOUT BUILDER’S RISK REQUIREMENT)

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 location or shall be twice the occurrence amount;

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

c. If architectural, engineering, or electrical work will be performed under the Contract, Professional Liability/Errors and Omissions Insurance appropriate to the work being done in an amount not less than $1,000,000, with neither Contractor nor listed subcontractors having less than $500,000 individually. The Professional Liability/Errors and Omissions Insurance must be project specific with at least a one-year extended reporting period, or longer upon request.

d. Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant.

Additionally, the workers’ compensation policy shall
include a waiver of all rights of subrogation which the insurer may have against the City.

2. Contractor shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-D. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before work commences. City reserves the right to require complete certified copies of all required insurance policies at any time.

The certificates of insurance and endorsements shall be sent via email. If you have not received your request or are having difficulty with electronic upload, contact [email protected]

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

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

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

100
Agreement No.: 32400262

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

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

INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS

Certificates of Insurance

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

Endorsement Forms

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

101
Agreement No.: 32400262

SAMPLE

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

PRODUCER

CODE SUB-CODE

COMPANIES AFFORDING INSURANCE COVERAGE

INSURED

COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY

LETTER B

COVERAGES

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

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

CO
LTR

TYPE OF INSURANCE

POLICY NUMBER

POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)

LIMITS

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

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

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 $

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM

EACH OCCURRENCE
$
AGGREGATE $

WORKERS' COMPENSATION
AND

EMPLOYERS' LIABILITY

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

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 Agreement

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

102
Agreement No.: 32400262

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

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

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

NAMED INSURED

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

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

Claims Made
Retroactive Date
Occurrence

OTHER PROVISIONS

COVERAGES

LIABILITY LIMITS IN THOUSANDS $

EACH OCCURRENCE

AGGREGATE

GENERAL
PRODUCTS/COMPLETED OPERATIONS
PERSONAL & ADVERTISING INJURY
FIRE DAMAGE

Underwriter=s representative for claims pursuant to this insurance.

CLAIMS:

Name:

Address:

Telephone: ( )

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

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

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 organiz ation would have as a claimant if not so included.

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

103
Agreement No.: 32400262

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

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

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

NAMED INSURED

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

OTHER PROVISIONS
COMMERCIAL AUTO POLICY
BUSINESS AUTO POLICY
OTHER

LIMIT OF LIABILITY

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

Name:

Address:

Telephone: ( )

$ per accident, for bodily injury and property damage.

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

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 organiz ation would have as a claimant if not so included.

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

104
Agreement No.: 32400262

Bond No. __________

PAYMENT BOND
(LABOR AND MATERIALS)

KNOW ALL PERSONS BY THESE PRESENTS that:

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

(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as On-Call Plumbing Maintenance and Minor Repair Services Specification No. PW 23-105.

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

NOW, THEREFORE, we, the undersigned Principal, and

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

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

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code 105
Agreement No.: 32400262

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

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

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

Dated:

“Principal”

By:

Its:

By:

Its:

(Seal)

“Surety”

By:

Its:

By:

Its

(Seal)

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

106
Agreement No.: 32400262

Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

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

(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as On-Call Plumbing Maintenance and Minor Repair Services Specification No. PW 23-105.

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

NOW, THEREFORE, we, the undersigned Principal, and

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

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

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

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, including all incorporated documents, or of the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect the Surety’s obligations under this Bond. The Surety hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. 107
Agreement No.: 32400262

Surety hereby waives California Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

Dated:

“Principal”

By:

Its:

By:

Its:

(Seal)

“Surety”

By:

Its:

By:

Its

(Seal)

DESIGNATION OF SUBCONTRACTORS
List all Subcontractors who will perform Work or labor or render service to the Contractor in or about the construction of the Work or improvement, or a Subcontractor licensed by the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount in excess of one- half percent (0.5%) of the Contract Price or, in the case of a Project for the construction of Streets, highways, or bridges, in excess of one-half percent (0.5%) of the Contract Price or $10,000, whichever is greater. If all Subcontractors do not fit on this page, photocopy this page and attach that additional page or those pages listing all other Subcontractors. If there is any change in this list of Subcontractors, Contractor must provide a new list to Project Manager before any unlisted Subcontractor can perform any Work. If Contractor intends to use no Subcontractors, please write “N/A” in the first open box.

Name under which
Subcontractor is Licensed
and Registered
CSLB License
Number(s)
and Class(es)
DIR Contractor
Registration
Number Address and Phone Number
Type of
Work
(e.g.,
Electrical)
Percentage
of Contract
Price
(e.g., 10%)3

Contractor’s Name: _____________________________ Signature: _______________________

Title: __________________________ Date: _________

3 The percentage of the Contract Price shall represent the “portion of the work” for the purposes of Public Contract Code Secti on 4104(b).
109
Agreement No.: 32400262

INDUSTRIAL SAFETY RECORD FORM
This Industrial Safety Record Form must include all construction work undertaken in California by the undersigned and any partnership, joint venture corporation or s -corporation that any principal of the undersigned participated in as a principal or owner for the listed years. Separate information must be submitted for each such partnership, joint venture, or corporate or individual. The under signed may attach any additional information or explanation of data that it would like to be taken into consideration in evaluating the Industrial Safety Record Form. An explanation of the circumstances surrounding any and all fatalities must be attached. 2023
(so far) 2022 2021 2020 2019 2018 Total
Number of contracts
Total dollar amount of
contracts (in thousands)

Number of fatalities
Number of lost workday
cases

Number of lost workday
cases involving permanent
transfer to another job or
termination of
employment

The above information was compiled from the records that are available to me at this time, and I declare under penalty of perjury that the information is true and accurate within the limitations of those records.

Contractor’s Name: ____________________________________________________

Signature: __________________________________ Title: ___________ Date: ______________________

.
110
Agreement No.: 32400262
GP 1

GENERAL PROVISIONS
SECTION 0. GREENBOOK
0-1 INCORPORATION
The 2018 edition of the Standard Specifications for Public Works Construction and the 2019 Errata No. 1 to the Standard Specification for Public Works Construction 2018 Edition (collectively the “Greenbook” or “SSPWC”) available on the date Plans were signed by the Engineer (or if there are no such signed Plans, the time of Bid opening) are incorporated herein by this reference, except for the Sections expressly excluded below. Unless otherwise stated herein, the language of these General Provisions shall supplement the language in the Greenbook.

The SSPWC is promulgated by Public Works Standards, I nc. This publication is available for purchase from BNi Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, (800) 873-6397, www.bnibooks.com. This publication is copyrighted and the City will not provide copies.
0-2 CAPITALIZATION OF DEFINED TERMS
Unless otherwise capitalized, capitalized words within these Contract Documents may be defined terms in either the Greenbook or Section 1-2 of these General Provisions. 0-3 NUMBERING OF GENERAL PROVISIONS
The number of sections and subsections in these General Provisions are compatible with the numbering in the Greenbook. Additional standard provisions are in Sections 9 and 10. If grant provisions apply, they will be in Sections 11 through 99. The Special Provisions will be numbered as Sections 1000 through 9999. Subsections of architectural and/or other work may be numbered according to the Construction Specifications Institute (CSI) format.

SECTION 1. TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND

SYMBOLS
1-1 GENERAL [see Greenbook].
1-2 TERMS AND DEFINITIONS.

Whenever in the Greenbook or in the Contract Documents the following terms are used, they shall be understood to mean the following. These terms are in addition to the terms already listed in the Greenbook.

Business Day – Any day that City Hall is open for business Calendar Days – See “Days” in Greenbook.

City – The City of Oxnard.

Contract Term – The time period listed in the Contract.

Contract Unit – A single unit of an item of Work.
111
Agreement No.: 32400262
GP 2
County – County of Ventura, California
Inspector – An inspector of the City.

Laboratory – A laboratory authorized by the City to test materials and Work involved in the Contract.

Payment Bond – A type of Bond issued by a Surety to guarantee that a contractor’s subcontractors and material suppliers on all Tasks comprising a Project will be paid. A Payment Bond is also often called a “labor and materials Bond.” Performance Bond – A type of Bond issued by a Surety to guarantee the full and satisfactory completion of all Tasks comprising a Project by a contractor.

Project – Collectively, all of the Tasks to be constructed or done under the Contract, any permit, and any Task Order including the furnishing of all labor, materials, equipment, and services.

Project Manager – the Public Works Director’s designee(s) responsible for a Task Project.

Submittal – Any drawing, calculation, specification, data, samples, manuals, requests for substitutes, spare parts, photographs, survey data, traffic control plans, record drawings, Bonds or similar items required to be submitted to the City under the terms of the Contract.

Task – A particular scope of Work assigned to Contractor by City’s Task Order.

Task Order – A written notice given by the Agency to the Contractor requesting a particular Task.

WIP – Work in place.

Whenever in the Greenbook or in the Contract Documents the following terms are used, they shall be understood to mean the following. These terms are already listed in the Greenbook, and the definitions below amend the definitions in the Greenbook.

Agency – The City of Oxnard.

Board – The City Council of the City of Oxnard.

City – See “Agency” in this Section.

Contract Documents – As defined in Greenbook Section 1- 2, but also including the General Provisions, the Standard Specifications, all Task Orders, all Change Orders to Task Orders, insurance documentation, and Contractor’s City business license.

Modification – Includes Change Orders, Supplemental Agreements, all Task Orders, and all Change Orders to Task Orders. A Modification may only be issued after the effective date of the Contract.

Specifications – Standard Specifications, Reference Specifications, Special Provisions, specifications in Change Orders or Supplemental Agreements, all Task Orders, and all 112
Agreement No.: 32400262
GP 3
Change Orders to Task Orders between the Contractor and the Board.

Standard Plans – Details of standard structures, devices, or instructions referred to on the Plans, in the Specifications or in Task Orders by title or number.

Work – That which is proposed to be constructed or done under the Contract, any permit, or any Task Order including the furnishing of all labor, materials, equipment, and services.

Working Day – Any day within the Contract Term other than:
a) Saturday,
b) Sunday,
c) Regarding Work on major highways, between the hours of 7:00 p.m. and 7:00 a.m. of the following Calendar Day,
d) Regarding a Street, before 8:30 a.m. or after 3:30 p.m., e) Regarding any other Task site, before 7:00 a.m. or after 6:00 p.m., f) Any day designated as a holiday by the Agency,
g) Any other day designated as a holiday in a master labor agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association,
h) Any day the Contractor is prevented from working at the beginning of the Working Day for cause as specified in Section 6-4.1, and
i) Any day the Contractor is prevented from working during the first five (5) hours with at least sixty percent (60%) of the normal Work force for cause as specified in Section 6-4.1.
j) Any days and/or hour restrictions stipulated on Special Provisions 1-3 ABBREVIATIONS.
1-3.1 General [see Greenbook].
1-3.2 Common Usage.

The abbreviations listed in Greenbook Section 1-3.2 shall be supplemented by the list below:

Abbreviation Word or Words
SSS State of California Standard Specifications,
latest edition, Department of Transportation
SSP State of California Standard Plans,
latest edition, Department of Transportation
MUTCD California Manual of Uniform Traffic
Control Devices, latest edition
1-3.3 Institutions.
113
Agreement No.: 32400262
GP 4
The institutions listed in Greenbook Section 1-3.3 shall be supplemented by the list below:

Abbreviation Word or Words
AAN American Association of Nurserymen
ACI American Concrete Institute
AGCA Associated General Contractors of America
AGCC Associated General Contractors of California
APWA American Public Works Association
CRSI Concrete Reinforcing Steel Institute
CSI Construction Specifications Institute
IEEE Institute of Electric & Electronic Engineers
NFPA National Fire Protection Association
VCAPCD………………………………………………..Ventura County Air Pollution Control District

1-4 UNITS OF MEASURE.
1-4.1 General [see Greenbook].
1-4.2 Units of Measure and Their Abbreviations [see Greenbook]. 1-5 SYMBOLS [see Greenbook].
1-6 BIDDING AND SUBMISSION OF THE BID.

1.6.1 General. [see Greenbook].
1-6.2 Subcontractor Listing [see Greenbook].
1-7 AWARD AND EXECUTION OF CONTRACT.
1-7.1 General. [see Greenbook].
1-7.2 Contract Bonds.

Greenbook Section 1 -7.2, which is not incorporated, shall be completely replaced with the following:
“Before execution of the Contract, the Bidder shall file Surety Bonds with the City in the amounts and for the purposes noted below. Bonds issued by a Surety who is listed in the latest version of U.S. Department of Treasury Circular 570, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the City.

Bonds from all other Sureties shall be accompanied by all of the documents enumerated in the Code of Civil Procedure Section 995.660(a). The Bidder shall pay all bond premiums, costs, and incidentals.

Each Bond shall incorporate by reference the Contract and be signed by both the Bidder and the Surety. The signature of the authorized agent of the Surety shall be notarized.

The Bidder shall provide two (2) good and sufficient Surety Bonds. The Payment Bond shall be for not less than one hundred percent (100%) of the not to exceed Contract Price. The Payment 114
Agreement No.: 32400262
GP 5
Bond shall be to satisfy claims of material suppliers and mechanics and laborers employed by it on the Work. The Contractor shall maintain the Payment Bond in full force and effect until six (6) months after the period in which a stop payment notice may be given under Civil Code Section 9356.

The Performance Bond shall be for one hundred percent (100%) of the not to exceed Contract Price to guarantee faithful performance of all Work until the Contractor’s final completion of all Tasks, the City’s acceptance of all Tasks, and the end of the Contract Term, whichever occurs last, in a manner satisfactory to the City and that all materials and workmanship will be free from original or developed defects.

Should any Bond become insufficient or any Surety give notice of pending liquidation, the Contractor shall obtain a new Bond within ten (10) Calendar Days after receiving the City’s notice.

Should any Surety give notice of pending liquidation, the Contractor shall send a copy of the entire notice within five (5) Calendar Days of receiving the notice and shall obtain a new Bond within ten (10) Calendar Days after receiving the notice.

Should any Surety at any time be unsatisfactory according to the rules listed within this Section, the City will notify the Contractor in this regard. No further payments shall be deemed due or will be made under the Contract until a new surety qualifies and is accepted by the City.

Changes in the Work or extensions of time, made pursuant to the Contract or any Task Order, shall in no way release the Contractor or the Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety.

All Bonds must be submitted using the required forms, which are in the Contract Documents, or on any other form approved by the City Attorney (as well as a photocopy of each Bond). Other than for a Bid Bond, Contractor may not provide a deposit in lieu of any Bond. Each Bond shall be executed by an admitted surety insurer. Nothing herein shall abridge or amend Greenbook Section 3-13.3 or the related provisions in these Contract Documents.” SECTION 2. SCOPE OF THE WORK
2-1 WORK TO BE DONE.

Greenbook Section 2-1, which is not incorporated, shall be completely replaced with the following:
“Upon the City’s issuance of a Task Order, the Contractor shall perform all Work necessary to complete that Tas k in accordance with the Contract Documents and that Task Order. Unless otherwise specified, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. The Contractor shall not be allowed to begin any construction, reconstruction, erection, alteration, restoration, improvement, painting, repainting, demolition and/or repair Work at the Task site before the issuance of the Task Order.” 2-2 PERMITS.

Greenbook Section 2-2, which is not incorporated, shall be completely replaced with the following:
“Before starting any Task, the Contractor will be required to obtain all necessary permits from the City, which may include obtaining an encroachment permit for Work within the public right-of-way, as well as all other permits and any permits required from all other agencies. Should any Task 115
Agreement No.: 32400262
GP 6
require construction of trenches or excavations which are five (5) feet or deeper and into which a person is required to descend, the Contractor shall obtain a Cal/OSHA permit and furnish the City with a copy before Work can commence on that Task. Contractor shall bear all cost for fees for all agencies except for the City’s permit fees.

The Contractor and all Subcontractors shall each obtain a City Business License and shall be licensed in accordance with the California Business and Professions Code. The Contractor and all Subcontractors shall bear all costs for their City Business Licenses.” 2-3 RIGHT-OF-WAY.

The last sentence of Greenbook 2-3 is not incorporated and shall be completely replaced with the following:
“The Contractor shall conduct all of its activities and operations within the rights of way provided by the City or within the confines of public thoroughfar es. The Contractor shall not allow its employees to use private property for any reason or to use water or electricity from such property without written permission from the property owner.

If, for any reason, the Contractor elects to encroach upon other lands, it shall first obtain written permission from the owner and provide evidence of such permission in writing to the Engineer prior to entering upon such lands. In performing any work or doing any activity on lands outside of public rights of way, the Contractor shall comply with all applicable Federal, State and local laws, ordinances, and regulations.

The Contractor shall indemnify and hold the City harmless from all claims or suits for damages occasioned by such work or activity, whether done in compliance with this subsection and with permission from the owner or in violation of this subsection without permission from the property owner.”
2-4 COOPERATION AND COLLATERAL WORK.

The following paragraph shall be added to the end of Greenbook Section 2-4:
“The Contractor shall be responsible for coordinating all Work with the City’s street sweeping, solid waste collection, street maintenance contractors, Police and Fire Departments, utility companies’ crews, other City Public Works projects, and others when necessary. Payment for conforming to these requirements shall be included in other items of Work, and no additional payment shall be made for this purpose.”
2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES [see Greenbook]. 2-5.1 General.

The following paragraph shall be added to the end of Greenbook Section 2-5.1:
“The Contractor and its Subcontractors and suppliers shall not start, operate, move, or idle their equipment prior to the time specified for starting work each Working Day unles s otherwise approved by the Engineer.”
2-5.2 Temporary Utility Services [see Greenbook].
116
Agreement No.: 32400262
GP 7
2-5.3 Crushing and Screening Operations [see Greenbook]. 2-5.4 Haul Routes.

Greenbook Section 2 -5.4, which is not incorporated, shall be completely replaced with the following:
“The Contractor must provide the Project Manager with a haul route plan, which must be approved by the Project Manager before anyone uses any haul routes on any Task. Further detail requirements for haul traffic may be delineated in the Special Provisions or the Task Orders.” 2-6 CHANGES REQUESTED BY THE CONTRACTOR [see Greenbook]. 2-6.1 Requesting Extra Contract Units.

If the City’s Task Order limits the Work on any given Task by number of Contract Units, Contractor may request in writing extra Contract Units, which the Project Manager may grant in writing at his or her discretion. If the Contractor failed to request in writing extra Contract Units or the Project Manager did not affirmatively grant extra Contract Units, the City will not be obli gated to pay for the extra Contract Units.
2-7 CHANGES INITIATED BY THE AGENCY.

The following paragraph shall be added to Greenbook Section 2-7:
“The City reserves the right, without notice to the Surety, to increase or decrease the quantity of any item or portion of a Task or to alter or omit portions of the Work so described, as may be deemed necessary or expedient by the Project Manager, without in any way making the Contract void. Such increases, alterations or decreases of Work shall be considered and treated as though originally contracted for and shall be subject to all the terms, conditions and provisions of the original Contract. The Contractor shall not claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease, alteration or omission of any kind of Work to be done.”
2-7.1 General.

Greenbook Section 2- 7.1 which is not incorporated, shall be completely replaced with the following:
“The Agency may change the Plans, Specifications, Task Orders, character of the Work, or quantity of Work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed twenty -five percent (25%) of the Contract Price. The references to ‘additive’ and ‘deductive’ changes in this context are related to changes made within the scope of a Task.

Should it become necessary to exceed this twenty-five percent (25%) limitation, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed by Change Order.

Change Orders shall be in writing and state the dollar value of the change or establish the method 117
Agreement No.: 32400262
GP 8
of payment, any adjustment in the Contract time of completion.” SECTION 3. CONTROL OF THE WORK
3-1 ASSIGNMENT.

Greenbook Section 3-1, which is not incorporated, shall be completely replaced with the following:
“No Contract or portion thereof or Task Order or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default.

Any purported assignment without written consent of the City shall be null, void, and of no effect, and the Contractor shall hold harmless, defend and indemnify the City and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from or relating to any unauthorized assignment.

If the City opts to consent to assignment, the City’s consent shall be contingent upon the City’s receipt of: (1) a letter from the Surety agreeing to the assignment and assigning the Bonds to the assignee without any reduction, or new Bonds supplied by the assignee (with a photocopy of each Bond) in the amounts originally required under the Contract Documents; (2) new insurance supplied by the assignee of the types and in the amounts required in the Contract Documents; (3) a copy of the assignee’s City business license; (4) the license number(s) of the license(s) issued by the California Contractors State License Board, which license(s) is/are required on this Project and the related Tasks; and (5) a complete list of all the new Subcontractors on the Designation of Subcontractors form herein or written confirmation that all of the assignor’s Subcontractors will continue to provide Work and there are no new Subcontractors. Until the City receives all of the items mentioned in the prior sentence, an assignment otherwise consented to in writing by the City shall not be effective. Even if the City consents to assignment, no assignment shall relieve the Contractor of liability under the Contract.” 3-2 SELF PERFORMANCE.

The first sentence of Greenbook Section 3- 2, which is not incorporated, shall be completely replaced with the following:
“The Contractor shall perform, with its own organization, Contract Work amounting to at least fifty percent (50%) of the Contract Price, and Task Work amounting to at least fifty percent (50%) of the Task price, except that any designated “Specialty Items” may be performed by subcontract and the amount of any such “Specialty Items” so performed will be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization.”

3.3 SUBCONTRACTORS.
118
Agreement No.: 32400262
GP 9
Greenbook Section 3.3, which is not incorporated, shall be completely replaced with the following:
“The Contractor shall give personal attention to the fulfillment of every Task. The Contractor shall keep all Work under its control.

Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their Work on every Task.

In addition to the requirements of 3.3, before the Work of any Subcontractor is started (including Subcontractors later determined to apply to a particular Task), the Contractor shall submit with its bid the completed Designation of Subcontractor form herein listing the name, contractor license number, DIR registration number, phone number and business address of each Subcontractor and a description of the type of Work and highest possible percentage of any Work per Task Order to be so subcontracted. The highest possible percentage of any Work per Task Order may not exceed the Contractor’s self performance requirement as stated in Section 3-2. Only a single subcontractor per trade may be designated.”
3-4 AUTHORITY OF THE BOARD AND THE ENGINEER.

Greenbook Section 3-4, which is not incorporated, shall be completely replaced with the following:
“The Engineer shall decide any and all questions that may arise as to the quality and acceptability of materials furnished and Work performed as to the manner of performance and rate of progress of any and all Tasks, and any and all questions which may arise as to the interpretation of the Plans, Specifications and any Task Order. The Engineer shall likewise decide any and all questions as to the acceptable f ulfillment of the Contract on the part of the Contractor, and all questions as to claims and compensations.

The Contractor may appeal any such decision made by the Engineer by emailing the Public Works Director ([email protected]), requesting reconsideration of the Engineer’s decision. The appeal must contain: a clear explanation of the decision and how it impacts the rest of the Task; a clear explanation of the Contractor’s concern regarding this decision; and all relevant facts and references related to this appeal. The appeal must be complete at the time of submission; the appeal may not be supplemented after submission. The Public Works Director must receive the appeal no later than 5:00 p.m. of the second Calendar Day following the date of the En gineer’s latest notice to the Contractor regarding the decision that Contractor wishes to appeal. Upon receipt of the appeal request, the Public Works Director or his or her designee shall review the email and all other information provided by the Contract or. The Public Works Director or his or her designee shall email the Contractor the decision, which shall be final. The procedures and time limits set forth in this Section are mandatory and are the Contractor’s sole and exclusive remedy in event of a deci sion by the Engineer with which the Contractor disagrees. The Contractor’s failure to fully comply with these procedures constitutes a waiver of any right to further pursue the disagreement regarding the Engineer’s decision, including filing a California Government Code claim or initiating any other legal proceedings.

For the purposes of routine and normal Supervision and coordination of Work, the Project Manager is the City’s authorized representative for all Work within the scope of this Contract.” 119
Agreement No.: 32400262
GP 10
3-5 INSPECTION.

The following paragraph shall be added to Greenbook Section 3-5:
“The Contractor shall arrange and pay for all off -site inspection of the Work required by any ordinance or governing authorities. The Contractor shall also arrange and pay for other inspections, including tests in connection therewith, as may be assigned or required.” The second sentence of Greenbook Section 3- 5, which is not incorporated, shall be completely replaced with the following:
“The Contractor shall notify the Engineer 48 hours in advance of the start of the Work.” 3-6 THE CONTRACTOR’S REPRESENTATIVE [see Greenbook].

The following paragraph shall be added to Greenbook Section 3- 6:“Contractor’s representative or alternate shall be available after normal working hours t o respond to circumstance that arise within 30 minutes of being contacted by the City Inspector or Project Manager. The representative or alternate shall not be replaced without written notice to the City, except under extraordinary circumstances. The sup erintendent will be the Contractor's representative at the site and shall have authority to act on behalf of the Contractor. Lack of supervision will be grounds for a Stop Work notice issued by the City, in which case no Work will be performed unless proper supervision is provided.”
3-7 CONTRACT DOCUMENTS.
3-7.1 General.

The following shall be added to Greenbook Section 3-7.1:
“The Contractor shall keep at the Work site a copy of the Plans, Specifications, and relevant Task Orders, all of which the Engineer shall have access to at all times.

The Plans, Specifications, other Contract Documents and Task Orders shall govern the Wo rk.

The Contract Documents and Task Orders are intended to be complementary and cooperative.

Anything specified in the Specifications, Plans or Task Orders shall be as though shown on or specified in all three (3) documents.

The Plans and/or Task Orders shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work.

The Contractor shall, upon discovering any error or omission in the Plans, Specifications or Task Orders, immediately call it to the attention of the Engineer.

Contractor shall maintain a control set of Plans, Specifications and any relevant Task Order on that Task’s site at all times. All final locations determined in the field, and any deviations from the Plans, Specifications, and relevant Task Orders, shall be marked in red on said control set to show the as-built conditions. This control set shall also be edited for all Addenda, Requests for Information, Change Orders, field changes not involving cost, and any other variation that occurred during construction. These documents shall be kept up to date with the progress of the Work. Upon completion of all Work on a Task, the Contractor shall return the control set to the 120
Agreement No.: 32400262
GP 11
Project Manager. Final payment will not be made until this requirement is met on all Tasks.

Where a Work feature is shown on the drawings, identified in the Specifications, or listed in the Task Order but is not individually mentioned in the Bid sheets, the Contractor is required to complete the Work feature. All costs to the Contractor for constructing, installing, or both constructing and installing such a Work feature shall be included in the Bid.” 3-7.2 Precedence of the Contract Documents.

Greenbook Section 3-7.2, which is not incorporated, is completely replaced with the following:
“The order of precedence of the documents shall be as follows (with number 1 governing over number 2, etc.):

1. Permits issued by regulatory agencies with jurisdiction.

2. Change Orders and Supplemental Agreements, whichever occurs last, to any Task Orders.

3. Task Orders.

4. Change Orders and Supplemental Agreements, whichever occur last, to the Contract Documents.

5. Contract.

6. Addenda.

7. Notice Inviting Bids.

8. Instructions to Bidders.

9. Bid/ Proposal.

10. Plans.

11. Special Provisions.

12. General Provisions.

13. Plans.

14. City Standard Plans.

15. SSP.

16. Greenbook.

17. Reference Specifications.

All of the aforementioned documents are incorporated herein by this reference. 3-8 Submittals [see Greenbook].
3-8.1 General [see Greenbook].
3-8.2 Working Drawings [see Greenbook].
3-8.3 Shop Drawings [see Greenbook].
3-8.4 Supporting Information [see Greenbook].
3-8.5 Installation Instructions [see Greenbook].
3-8.6 Manufacturer’s Operation, Maintenance, and Warranty Instructions [see Greenbook].
121
Agreement No.: 32400262
GP 12
3-9 SUBSURFACE DATA.

The following shall be added to Greenbook Section 3-9:
“If the City or its consultants have made investigations of subsurface conditions in areas where any Work is to be performed, such investigations shall be deemed made only for the purpose of study and design. It is the Contractor’s sole responsibility to determine whether such investigations exist, and the City makes no affirmative or negative representation concerning the existence of such investigations.

The Contractor represents that it has studied the Plans, Specifications and other Contract Documents, and all surveys and investigation reports of subsurface and latent physical conditions, has made such additional surveys and investigations as necessary for the performance of the Work at the Contract Price in accordance with the requirements of the Contract Documents, and that it has correlated the results of all such data with the requirements of the Contract Documents.

No claim of any kind shall be made or allowed for any error, omission or claimed error or omission, in whole or in part, of any geotechnical exploration or any other report or data furnished or not furnished by the City.”
3-10 SURVEYING.
3-10.1 General.

Greenbook Section 3- 10.1, which is not incorporated, shall be completely replaced with the following:
“The Contractor shall verify all dimensions on the drawings in the Contract Documents or any Task Order and shall report to the City any discrepancies before proceeding with a related Task.

The City does not provide AutoCAD files. The Contractor shall perform all survey and layout Work per the benchmark information in the Contract Documents or any Task Order. Said surveying and staking shall be performed by a land surveyor, licensed to perform said work in the State of California. All surveying Work must conform to the Professional Land Surveyors’ Act (Business and Professions Code Section 8700 et seq). The Contractor shall provide the Engineer with the results of the survey before proceeding. All Project or Task surveying notes and “cut-sheets” are to be provided to the City after the completion of each surveying activity, and all final surveying notes shall be provided before final payment to the Contractor. All survey work shall be performed to the satisfaction of the Engineer.

Construction stakes shall be set and stationed by Contractor at its expense. Unless otherwise indicated in the Special Provisions, surveying costs shall be included in the price of items bid. No separate payment will be made. Re- staking and replacement of construction survey markers damaged as a result of the Work, vandalism, or accident shall be at the Contractor’s expense.” 3-10.3 Line and Grade [see Greenbook].
3-10.4 Permanent Survey Markers [additional to Greenbook].

Pursuant to Division 3, Chapter 15 of the Business and Professions Code, the Contractor shall not disturb survey monuments that ‘control the location of subdivisions, tracts, boundaries, roads, streets, or highways, or provide horizontal or vertical survey control’ until they have been tied out by a Registered Land Surveyor or Registered Civil Engineer authorized to practice land surveying 122
Agreement No.: 32400262
GP 13
within the State of California.

If a Task requires the Contractor to disturb survey monuments, the Contractor shall submit to the Engineer a minimum of five (5) Calendar Days before starting the Task a list of controlling survey monuments that may be disturbed. The Contractor will:
a) Set survey points outside the affected Work area that reference and locate each controlling survey monument that may be disturbed;
b) File a Corner Record or Record of Survey with the County Surveyor after setting the survey points to be used for re-establishment of the disturbed controlling survey monuments; and c) File a Corner Record or Record of Survey with the County Surveyor after re-establishment of the disturbed controlling survey monuments.

The Contractor is responsible for preservation and perpetuation of existing monuments that control subdivisions, tracts, boundaries, Streets, other rights -of-way, and easements, and those existing monuments that provide survey control, which will be disturbed or removed due to Contractor’s Work. Contractor shall provide a minimum of ten (10) Working Days’ noti ce to the Engineer or Surveyor before disturbance or removal of existing monuments. The Contractor shall reset monuments or provide permanent witness monuments and file the required documentation with the County Surveyor pursuant to Business and Professions Code Section 8771 at its own expense.”
3-10.5 Survey Service [additional to Greenbook].
“The Contractor will perform and be responsible for the accuracy of surveying adequate for construction. The Contractor shall preserve construction survey stakes and marks for the duration of their usefulness. If any construction survey stakes are lost or disturbed and need to be replaced, such replacement will be performed by the Contractor at its own expense.

The Contractor shall notify the Engineer in writing at least two (2) Working Days before survey information will be required in connection with the laying out of any portion of a Task. The Contractor shall dig all holes necessary for line and grade stakes.

Unless otherwise specified in the Special Provisions, the Contractor will set and station stakes for curbs, headers, sewers, storm drains, structures, and rough grade. A corresponding cut or fill to finished grade (or flowline) will be indicated on a grade sheet.

The line and grades for construction will be parallel to and offset from the position of the Work.

From the established lines and grades, the Contractor shall extend the necessary lines and grades for construction of the Work and shall be responsible for the correctness of same.” 3-11 CONTRACT INFORMATION SIGNS.

The following shall be added to Greenbook Section 3-11:
“Contractor shall not advertise or allow advertising at any Task site other than what is printed on trucks and equipment before the Work begins.”
3-12 WORKSITE MAINTENANCE.
123
Agreement No.: 32400262
GP 14
The following shall be added to Greenbook Section 3-12:
“Thorough clean-up shall be done as Work progresses on each Task at the end of each Working Day. The Contractor shall not allow a Task site to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction operation.

Materials which need to be disposed shall not be stored at a Task site and cannot be “stockpiled,” but shall be removed by the end of each Working Day. If the job site is not cleaned to the satisfaction of the Project Manager, the cleaning will be done or contracted by the City. The City shall then deduct the cost of its cleaning from the next or any upcoming payments due to the Contractor or from the Contractor’s retention.

The Contractor shall make arrangements for storing its equipment and materials. The Contractor shall make arrangements for any off-site storage or shop areas necessary for the proper execution of the Work. Approved areas within a Task site may be used for temporary storage; however, the Contractor shall be responsible for obtaining any necessary permit from the City. In any case, the Contractor’s equipment and personal vehicles of the Contractor’s employees shall not be parked on the traveled way or on any section where traffic is restricted at any time.

The Contractor shall deliver, handle, and store products in accordance with the manufacturer’s written recommendations and by methods and means that will prevent damage, deterioration, and loss including theft. Delivery schedules shall be controlled to minimize long- term storage of products at a Task site and overcrowding of construction spaces. In particular, the Contractor shall provide delivery and installation coordination to ensure minimum holding or storage times for products recognized to be flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other sources of loss.

Storage shall be arranged to provide access for inspection. The Contractor shall periodically inspect to assure products are undamaged and are maintained under required conditions.

The Contractor shall promptly remove from the vicinity of the completed Task, all rubbish, debris, unused materials, concrete forms, construction equipment, and temporary structures and facilities used during construction. Final acceptance of any Task by the City will be withheld until the Contractor has satisfactorily complied with the foregoing requirements for final clean -up of that Task site.

All costs associated with the clean-up and storage required to complete the Task shall be the sole responsibility of the Contractor.”
3-12.1 General [see Greenbook].
3-12.2 Air Pollution Control [see Greenbook].
3-12.3 Noise Control [see Greenbook].

The following shall be added to Greenbook Section 3-12.3:
“To minimize the noise impact of construction, Contractor must properly muffle all construction related vehicles and equipment in accordance with the City’s ordinances. The Contractor shall inform the public of proposed construction time frames on any Task to minimize potential annoyance related to the construction noise.”
124
Agreement No.: 32400262
GP 15
3-12.4 Storage of Equipment and Materials [see Greenbook]. 3-12.4.1 General [see Greenbook].
3-12.4.2 Storage in Public Streets [see Greenbook].
3-12.5 Sanitary Sewers.
3-12.5.1 General [see Greenbook].
3-12.5.2 Sewage Bypass and Pumping Plan [see Greenbook]. 3-12.5.3 Spill Prevention and Emergency Response Plan [see Greenbook]. 3-12.6 Water Pollution Control.
3-12.6.1 General [see Greenbook].
3-12.6.2 Best Management Practices (BMPs).

The following shall be added to Greenbook Section 3-12.6.2:
“The Contractor will be required to meet the minimum BMPs of providing a Stormwater Management Plan if any Task does not require a SWPP P according to the Ventura County Watershed Protection District. The Contractor shall submit a Best Management Practice (BMP) Plan for containing any wastewater or storm water runoff from the Task site including, but not limited to the following:

1. No placement of construction materials where they could enter Storm Drain system, which includes gutters that lead to catch basins.

2. Checking construction vehicles for leaking fluids.

3. Providing a controlled area for cleaning or rinse-down activities.

4. Monitoring construction activities.

5. Minimizing usage of water.

6. Providing measures to capture or vacuum-up water contaminated with construction debris.

7. Removing any construction-related debris on a daily basis.

8. Protecting Work areas from erosion.

9. Street sweeping at regular intervals required to control dust, debris, sediment and erosion.

The BMP Plan must be approved by the Project Manager before any Work on any Task begins.

The City will monitor the adjacent Storm Drains and Streets for compliance. Failure of the Contractor to follow the approved BMP Plan will result in immediate clean- up by City and back - charging the Contractor for all costs plus fifteen percent (15%).” 3-2.6.3 Storm Water Pollution Prevention Plan (SWPPP) [see Greenbook].

Greenbook Section 3 -12.6.3, which is not incorporated shall be completely replaced with the following:
“If the nature of a Task requires the Contractor to file a Notice of Intent and SWPPP with the State regulatory agency, the Contractor shall do so. If this is not required, the Contractor shall submit a 125
Agreement No.: 32400262
GP 16
local SWPPP and a wet weather erosion control plan during the rainy season October 1st to April 15th to comply with City policy regarding storm water management. The Contractor shall take all necessary precautions to minimize storm water pollution and control the pollutants from entering the drainage system as directed by the City’s representative. At any point, a local SWPPP is subject to change if the City determines the inadequacy of the approved SWPPP to address the pollutants of concern. Upon written notification by the City, the Contractor shall submit a revised SWPPP, subject to City approval, within five (5) Working Days following notification. Failure to do so could result in a stoppage of all Work on the relevant Tasks without an extension in the time for completion of the Work.”
3-12.6.4 Dewatering.

The following shall be added to Greenbook Section 3-12.6.4:
“Failure to dewater per Contractor’s approved dewatering plans per Task shall lead to the immediate issuance of a stop notice on that Task. Any fees associated with the failure to perform dewatering will be passed onto the Contractor.”
3-12.6.5 Payment [see Greenbook].
3-13 COMPLETION, ACCEPTANCE, AND WARRANTY.
3-13.1 Completion.

Greenbook Section 3- 13.1, which is not incorporated, shall be completely replaced with the following:
“For each Task, the Contractor shall submit a written assertion that the Work has been completed.

If, in the Engineer’s judgment, the Work has been compl eted in accordance with the Contract Documents and that Task Order, the Engineer will set forth in writing the date the Work was completed. This will be the date to which liquidated damages will be computed.” 3-13.2 Acceptance.

Greenbook Section 3- 13.2, which is not incorporated, shall be completely replaced with the following:
“A Task will not be considered complete until all required Work is completed, the Task site is cleaned up in accordance with Greenbook Section 3-12, the General Provisions, the Speci al Provisions, and the Task Order, and all of the following items have been received by the Project Manager:

1. All written guarantees and warranties;

2. All “as-builts”; and

3. Duplicate copies of all operating instructions and manufacturer’s operating catalogs and data, together with such field instructions as necessary to fully instruct City personnel in correct operation and maintenance procedures for all equipment installed listed under the electrical, air conditioning, heating, ventilating and other trades. This data and instructions shall be furnished for all equipment requiring periodic 126
Agreement No.: 32400262
GP 17
adjustments, maintenance or other operation procedures.

The Contractor shall submit a written notice for final inspection on each Task to the Project Manager. The Project Manager’s acceptance of each Task must be in writing.

The Project shall be considered ‘completed’ and ‘accepted’ at the Contractor’s final completion of all Tasks, the City’s acceptance of all Tasks, and the end of the Contract Term, whichever occurs last.”
3-13.3 Warranty.

Greenbook Section 3- 13.3, which is not incorporated, shall be completely replaced with the following:

The Work shall be warranted by the Contractor against defective materials and workmanship for a period of one (1) year. For the purposes of the calculation of the start of the warranty period, the Project shall be deemed to be completed per section 3-13.2. If that direction is contingent on the completion of any items remaining on a punchlist, the Work shall be deemed to be completed upon the date of the Project Manager’s acceptance of the final item on that punchlist.

The warranty period for specific items covered under manufacturers’ or suppliers’ warranties shall commence on the date they are deemed completed per section 3-13-2.

The Contractor shall repair or replace defective materials and workmanship as required by the Engineer at Contractor’s own expense. The Contractor shall make all repairs, replacements, and restorations within thirty (30) Calendar Days of the date of the Project Manager’s written notice, unless that notice shall require such repairs, replacements, and restorations within another time frame. Additionally, the Contractor shall defend, indemnify and hold the City harmless from claims of any kind arising from damage, injury or death due to such defects or non-compliance.

No certificate given shall be conclusive evidence of the faithful performance of the Contract, either in whole or in part, and that no payment shall be construed to be in acceptance of any defective Work or improper materials. Further, the certificate or final payment shall not terminate the Contractor’s obligations under this warranty. Payment of the amount due under the Contract and the adjustments and payments due for any Work done in accordance with any alterations of the same shall release the City, the City Council and its officers and employees from any and all claims or liability on account of Work performed under the Contract or any alteration thereof. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the City may perform the replacement or repairs at the Contractor’s expense. If the Contractor fails to reimburse the City for the actual cost, the Contractor’s surety shall be liable for the cost thereof.”
SECTION 4. CONTROL OF MATERIALS
4-1 GENERAL [see Greenbook].
4-2 PROTECTION.

The following shall be added to Greenbook Section 4-2:
“The Contractor shall continuously maintain adequate protection of all of its Work from damage. 127
Agreement No.: 32400262
GP 18
The City will not be held responsible for the care or protection of any material, equipment or parts of Work, except as stated in the Special Provisions.”
4-3 INSPECTION.
4-3.1 General [see Greenbook].
4-3.2 Inspection by the Agency [see Greenbook].
4-3.3 Inspection of Items Not Locally Produced [see Greenbook]. 4-4 TESTING.

Except as elsewhere specified, the City shall bear the cost of testing materials and workmanship that meet or exceed the requirements indicated in the Greenbook and the Special Provisions. The cost of all other tests, including the retesting of material or workmanship that fails to pass the first test, shall be borne by the Contractor.
4-5 CERTIFICATE OF COMPLIANCE [see Greenbook].
4-6 TRADE NAMES.

The following shall be added to Greenbook Section 4-6:
“For convenience in designation on the Plans, Specifications and Task Orders, certain materials, products, things, or services incorporated in the Work may be designated under a brand or trade name. Unless otherwise listed in a Task Order, the use of alternative materials, products, things, or services that are of equal quality and of the required characteristics for the purpose intended will be allowed, subject to the approval of the Project Manager, in accordance with Public Contract Code Section 3400 and Greenbook Section 4- 6. Unless otherwise stated in writing, the phrase “or equal” shall be assumed after any and all brand and trade names.

If the Contractor requests to substitute an equivalent material, product or thing for a brand or trade name material, product or thing, the burden of proof as to the comparative quality and suitabilit y of the alternative material, product or thing shall be upon the Contractor, and the Contractor shall furnish, at its own expense, all information necessary or related thereto as required by the Project Manager, including but not limited to:
● Identification of the material, product or thing and complete manufacturer’s literature that details the substituted material, product or thing. ● The names and addresses of the manufacturer’s representative for the substituted material, product or thing.
● How the substituted material, product or thing would impact the Task’s completion date.
● The difference in cost between the substituted material, product or thing and the specified material, product or thing.
● A detailed description of the difference between the substituted material, product or thing and the specified material, product or thing.
● If requested by the City, samples of the substituted material, product or thing. ● The names and addresses of at least five (5) projects where the substituted material, product or thing has been used.
128
Agreement No.: 32400262
GP 19

If the Contractor requests to substitute an equivalent service for a brand or trade name service, the burden of proof as to the comparative quality and suitability of the alternative service shall likewise be upon the Contractor, and the Contractor shall furnish, at its own expense, all information necessary or related thereto as required by the Project Manager, including but not limited to:
● Identification of the service and literature that details the substituted service. ● The names and addresses of the representatives of the substituted service. ● How the substituted service would impact the Task’s completion date. ● The difference in cost between the substituted service and the specified service. ● A detailed description of the difference between the substituted service and the specified service.
● The names and addresses of at least five (5) projects where the substituted service has been used.

All requests for substitution shall be submitted, together with all documentation necessary for the Project Manager to determine equivalence, no later than three (3) Calendar Days following a Task Order, unless a different deadline is listed in the Special Provisions or in that Task Order.” 4-7 WEIGHING AND METERING EQUIPMENT [see Greenbook].
4-8 CALIBRATION OF TESTING EQUIPMENT [see Greenbook].

SECTION 5 LEGAL REGULATIONS AND RESPONSIBILITIES
5-1 LAWS TO BE OBSERVED [see Greenbook].
5-2 SPECIAL NOTICES [see Greenbook].
5-3 LABOR.
5-3.1 General [see Greenbook]
5-3.2 Prevailing Wages.

Greenbook Section 5-3.2 is not incorporated into these Contract Documents. 5-3.2.1 Public Work [additional to the Greenbook].

The Contractor acknowledges that the Tasks comprising the Project are “public work” as defined in Labor Code Section 1720 et seq., and that these Tasks are subject to Labor Code Section 1720 et seq., including without limitation Labor Code Section 1771 and to the rules and regulations established by the Director of the Department of Industrial Relations (“DIR”) implementing such statutes, including but not limited to Title 8, Division 1, Chapter 8 of the California Code of Regulations (“CCR”). The Contractor shall comply with and be bound by all the terms, rules and regulations described in Labor Code Section 1720 et seq. and to the rules and regulations established by the Director of the DIR as though set forth in full herein. The Contractor is responsible for ascertaining and complying with all current prevailing wage rates for crafts and any rate changes that occur during the Contract Term.
129
Agreement No.: 32400262
GP 20
5-3.2.2 Copies of Wage Rates [additional to the Greenbook].

Pursuant to Labor Code Section 1773.2, once the Project Manager issues a Task Order, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform that Task will be on file with the Project Coordinator at City Hall and will be made available to any interested party on request. Additionally, current wage rate information can be found at the DIR’s website at www.dir.ca.gov/. By initiating any Task, the Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and the Contractor shall post such rates all rate changes at each job site covered by these Contract Documents. 5-3.2.3 Job Site Notices [additional to the Greenbook].

The Contractor is required to post job site notices, as prescribed by regulation.

5-3.2.4 Failure to Pay Prevailing Rates [additional to the Greenbook].

The Contractor 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. The Contractor shall, as a penalty paid to the City, forfeit two hundred dollars ($200) for each Calendar Day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any Task done pursuant to these Contract Documents by the Contractor or by any Subcontractor.
5-3.2.5 Apprentices [additional to the Greenbook].

The Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on publi c works projects. The Contractor shall be responsible for compliance with these Sections for all occupations that have apprentices, including notifying approved apprenticeship programs of Contract award, employing apprentices, and paying training fund contributions. Before commencing any Task, the Contractor shall provide the City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) Calendar Days after concluding Work, Contractor and each of its Subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Contract.
5-3.2.6 Debarment or Suspension [additional to Greenbook].

The Contractor and Subcontractors shall not be debarred or suspended throughout the duration of the Contract Term pursuant to Labor Code Section 1777.1 or 1777.7. If the Contractor or any Subcontractor becomes debarred or suspended throughout the duration of the Contract Term, the Contractor shall immediately notify the City.
5-3.3 Payroll Records.

Greenbook Section 5 -3.3, which is not incorporated, shall be completely replaced with the following:
“The Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which require the Contractor and each Subcontractor to (1) keep accurate payroll records and 130
Agreement No.: 32400262
GP 21
verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. The Contractor has ten (10) days in which to comply subsequent to receipt of a written notice requesting these records, or as a penalty to the City, the Contractor shall forfeit one hundred dollars ($100) for each Day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from any payments then due. Additionally, the Contractor shall furnish certified payroll records directly to the Labor Commissioner in accordance with Chapter 8, Subchapter 4.5, Section 16461 of the CCR.” 5-3.4 Hours of Labor.

Greenbook Section 5 -3.4, which is not incorporated, shall be completely replaced with the following:
“The Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. The Contractor shall comply with and be bound by Labor Code Section 1810. The Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty paid to the City, forfeit twenty- five dollars ($25) for each worker employed in the performance of any Task by the Contractor or by any Subcontractor for each Calendar Day during which such worker is required or permitted to work more than eight (8) hours in any one (1) Calendar Day and forty (40) hours in any one (1) 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 employees of the Contractor in excess of eight (8) hours per day, and forty (40) hours during any one (1) week, shall be permitted on a Task only upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1½) times the basic rate of pay.” 5-3.5 Registration with the DIR [additional to the Greenbook].

A Contractor or Subcontractor shall not be qualified to bid on, be listed in a Bid proposal (subject to the requirements of Public Contract Code Section 4104), or engage in the performance of any contract for public work, as defined in Labor Code Section 1720 through 1861, unless currently registered and qualified to perform public work pursuant to Labor Code S ection 1725.5. An unregistered contractor may submit a Bid that is authorized by Business and Professions Code Section 7029.1 or by Public Contract Code Section 10164 or 20103.5, provided the contractor is registered to perform public work pursuant to Labor Code Section 1725.5 at the time the Contract is awarded. Contractor 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 the Contract. 5-3.6 Compliance Monitoring [additional to the Greenbook].

This Project and all related Tasks are subject to compliance monitoring and enforcement by the DIR.
5-3.7 Subcontractors [additional to the Greenbook].

For every Subcontractor who will perform Work on any and all Tasks, the Contractor shall be responsible for such Subcontractor’s compliance with Labor Code Sections 1720 et seq., 1860 and 3700, and the Contractor shall include in the written contract between itself and each Subcontractor a copy of the provisions in this Section 5 -3 of the General Provisions and a 131
Agreement No.: 32400262
GP 22
requirement that each Subcontractor shall comply with those provisions. The Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure Subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the Subcontractor and upon becoming aware of the failure of the Subcontractor to pay its worke rs the specified prevailing rate of wages. The Contractor shall diligently take corrective action to halt or rectify any failure. 5-3.8 Debarred or Suspended Subcontractors [additional to the Greenbook].

The Contractor shall not perform Work on any Task with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or 1777.7. 5-3.9 Prevailing Wage Indemnity [additional to the Greenbook].

To the maximum extent permitted by law, the Contractor shall indemnify, hold harmless and defend (at the Contractor’s expense with counsel reasonably acceptable to the City) the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed in this Section 503 of the General Provisions by any Person (including the Contractor, its Subcontractors, and each of their officials, officers, employees and agents) in connection with any Work undertaken or in connection with the Contract Documents, any Task Order, or both, including without limitation the payment of all attorneys’ fees and other related costs and expenses. 5-3.10 Survival [additional to the Greenbook].

All duties of the Contractor under this Section 5- 3 shall survive expiration or termination of the Contract.
5-4 INSURANCE [see Greenbook].

Greenbook Section 5-4, which is not incorporated, shall be completely replaced with the following:
“All insurance requirements shall be those listed in the City’s document titled INS-D, which is incorporated herein by this reference.”
Greenbook Sections 5-4.1, 5-4.2, 5-4.3 and 5-4.4 are not to be incorporated into these Contract Documents.
5-4.1 Indemnification [additional to the Greenbook].
5-4.2 Contractor’s Duty [additional to the Greenbook].

To the maximum extent permitted by law, the Contractor shall, at its sole cost and expense, defend with competent defense counsel approved by the City Attorney, protect, indemnify, and hold harmless the City, its elected and appointed officials, officers, employees (collectively “Indemnitees”) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, charges, obligations, damages, causes of action, proceedings, suits, losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or resulting from any act, failure to act, error or omission of the 132
Agreement No.: 32400262
GP 23
Contractor or any of its officers, employees, and agents, Subcontractors, material suppliers or any of their officers, employees, or agents arising out of, incident to, related to, in connection with or resulting from any term, provision, image, plan, covenant, or condition in the Contract Documents, including without limitation, the payment of all attorneys’ fees, experts’ fees, and other related costs and expenses (individually, a “Claim,” or collectively, “Claims”). The Contractor shall promptly pay and satisfy any judgment, award or dec ree that may be rendered against Indemnitees in any such Claim. The Contractor shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The Contract or’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Contractor or Indemnitees. This indemnity shall apply to all Claims regardless of whether any insurance policies are applicable. 5-4.3 Civil Code Exception [additional to the Greenbook].

Nothing in this Section 7- 4 shall be construed to encompass Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or the City’s active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction.
5-4.4 Nonwaiver of Rights [additional to the Greenbook].

Indemnitees do not and shall not waive any rights that they may possess against the Contractor because the acceptance by the City, or the deposit with the City, of an y insurance policy or certificate required pursuant to these Contract Documents. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. 5-4.5 Waiver of Right of Subrogation [additional to the Greenbook].

The Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the I ndemnitees, while acting within the scope of their duties, from all Claims arising out of or incident to the activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent or subsequent active or passive negligence by Indemnitees.
5-4.6 Survival [additional to the Greenbook].

The provisions of this Section 7- 4 shall survive the Contract Term, are intended to be as broad and inclusive as is permitted by the law of the State, and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against the Contractor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision.
5-5 ANTITRUST CLAIMS [see Greenbook].
5-6 PATENT FEES OR ROYALTIES [see Greenbook].
5-7 SAFETY.
133
Agreement No.: 32400262
GP 24
5-7.1 Work Site Safety.
5-7.1.1 General.

The following shall be added to Greenbook Section 5-7.1.1:
“The Contractor shall be solely responsible for ensuring that all work performed under the Contract is performed in strict compliance with all applicable Federal, State and local occupational safety regulations. The Contractor shall provide at its expense all safeguards, safety devices and protective equipment, and shall take any and all actions appropriate to providing a safe Project site.”
5-7.1.2 Work Site Safety Official [see Greenbook].
5-7.2 Safety Orders.
5-7.2.1 General [see Greenbook].
5-7.2.2 Shoring Plan [see Greenbook].
5-7.2.3 Payment [see Greenbook].
5-7.3 Use of Explosives [see Greenbook].
5-7.4 Hazardous Substances [see Greenbook].
5-7.5 Confined Spaces.
5-7.5.1 Confined Space Entry Program (CSEP) [see Greenbook]. 5-7.5.2 Permit-Required Confined Spaces [see Greenbook]. 5-7.5.3 Payment [see Greenbook].
5-7.5.4 “Tailgate” or Safety Meetings [additional to the Greenbook].

The Contractor must submit to the Project Manager a written report by the end of every week of the “tailgate” or safety meeting(s) held by the Contractor and every Subcontractor working on the Project that week. The Contractor may require that every Subcontractor prepare its own weekly “tailgate” or safety meeting reports; however, every week the Contractor is still responsible for getting a copy of each Subcontractor’s report to the Project Manager. Each written report shall include an agenda of the meeting topics, the date, time and location of the meeting, and a list of attendees.
5-7.6 Flood Lighting.
5-7.6.1 General [see Greenbook].
5-7.6.1 Payment [see Greenbook].
5-7.7 Security and Protective Devices [see Greenbook].
134
Agreement No.: 32400262
GP 25

5.7.7.1 General [see Greenbook].
5-7.7.2 Security Fencing [see Greenbook].
5-7.8 Steel Plate Covers.
5-7.8.1 General [see Greenbook].
5-7.8.2 Thickness [see Greenbook].
5-7.8.3 Installation [see Greenbook].
5-7.8.4 Payment [see Greenbook].
5-7.8.5 Protection of the Public [additional to the Greenbook]. “It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor shall use foresight and shall take such steps and precautions as the Contractor’s operations warrant to protect the public from danger in the form of loss of life, injury or loss of property, w hich would result from interruption or contamination of public water supply, interruption of other public service, or from the failure of partly completed Work or partially removed facilities. Unusual conditions may arise on the Work that will require that immediate and unusual provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of Work under this Contract.

The requirements of the State Division of Industrial Safety for trenches, excavations and shoring shall apply to all aspects of this Project. Safety is stressed. Trenches, excavations and other openings, if any, shall be covered at the end of each Working Day. Any operations or situation that threatens the safety of worker s or the public, including traffic control not in compliance with the approved traffic control plan and the MUTDC, shall cause the suspension of Work until corrections are made.

The Contractor shall take all actions necessary to protect persons and propert y at the job site from any injury or damages associated with the Work. Unless otherwise specified, the Contractor shall supervise and direct the Work, and shall be solely responsible for all construction methods and sequences.

Should the Contractor not comply with CalOSHA or federal OSHA safety requirements and the Project Manager find out, he or she may issue a Notice of Noncompliance. If the Project Manager does so, the Contractor will furnish and install additional or different measures at the Contractor’s own expense. Should the Contractor refuse or fail to act in a timely manner to correct a hazardous condition, the Project Manager may direct City forces or another contractor to provide the necessary protective and warning devices as deemed appropriate by the Project Manager. The costs incurred by the City will be deducted from the Contractor’s next payment and further payments as needed. Any action or inaction on the part of the City in directing attention to the inadequacy of warning and protective measures or providing additional protective and warning devices shall not relieve the Contractor from responsibility for public safety or change the Contractor’s obligation to furnish and pay for these devices.” 135
Agreement No.: 32400262
GP 26
5-7.9 Emergencies [additional to the Greenbook].
“Five (5) Calendar Days before the start of construction operations, the Contractor shall notify the Police and Fire Departments wherein the Project lies, giving the expected starting date, completion date and the name and t elephone number of a responsible person who may be contacted at any hour in the event of a condition requiring immediate correction.

Whenever an emergency exists and the Contractor has not taken sufficient precaution for the public safety, protection of ut ilities and protection of adjacent structures or property, which may be damaged by the Contractor’s operations, and when immediate action is necessary to protect the public or property, the Project Manager will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation within a reasonable time period, the Project Manager may provide suitable protection by causing such Work to be done and material to be furnished.

All expenses incurred by the City for e mergency repairs will be deducted from the progress payments and the final payment due to the Contractor. However, if the City does not take such remedial measures, the Contractor is not relieved of the full responsibility for public safety. The Contractor shall not be entitled to any delay claims for Work stopped by the City to correct an unsafe condition.”
5-7.10 Public Notices [additional to the Greenbook].
5-7.10.1 Notification to Property Owners and Businesses [additional to the Greenbook].
“In addition to notices required elsewhere in the Contract Documents, the Contractor shall notify adjacent businesses and residents at least four (4) Working Days and again two (2) Working Days in advance of beginning Work. Public notices shall be provided in the form of door hangers, flyers or both, which will include the Contractor’s name, the Contractor’s phone number, a general description of the Work, and the Calendar Days and times when traffic will be restricted and parking will not be allowed along the Street scheduled for the Work. Contractor must get notice approved by the Project Manager before distribution. The Contractor must hand-deliver all notices to adjacent residents, business, and other areas directed by the Project Manager.” 5-7.10.2 Residents’ Complaints [additional to the Greenbook].

It is critical that residents’ complaints be resolved expeditiously. To achieve this, the Project Manager will inform the Contractor of the complaint verbally or in writing. The Contractor, in turn, shall contact the resident, inform the Project Manager within twenty-four (24) hours of the action to be taken, or both, at the Project Manager’s discretion. 5-7.10.3 Project Identification Sign [additional to the Greenbook]. “The Contractor must furnish portable changeable message signs if required by the City’s Traffic Engineer. The Contractor shall program messages and place in location as directed, including periodic relocations as required. The Contractor must keep such signs clean and in good repair.” 5-7.11 Access [additional to Greenbook].
“All construction Work and traffic control shall be scheduled and constructed to provide for a 136
Agreement No.: 32400262
GP 27
minimum of inconvenience and a maximum of safety to the public vehicular and pedestrian traffic.

The Contractor shall be responsible for the protection of vehicular and pedestrian traffic until the Work called for in the Plans, Greenbook, General Provisions, Special Provisions and Task Orders and as directed by the Project Manager is complete.

Access to Street intersections, public and private parking lots, commercial businesses, residences and other public and private properties must be maintained at all times. The Contractor shall notify occupants of all affected properties with written notice at least seventy-two (72) hours before any temporary obstruction of access. Vehicular access to property line shall be maintained at all times, except as required for construction that cannot otherwise be accomplished and for a reasonable period of time. No overnight closure of any driveway wi ll be allowed, except as permitted by the Project Manager.

The Contractor’s construction schedule shall allow affected people ample on-street parking within a reasonable distance from their homes and businesses. Requests for changes in the schedule of any Task shall be submitted by the Contractor to the Project Manager for approval at least forty-eight (48) hours before the scheduled operations on the Streets affected.” 5-7.12 Traffic [additional to the Greenbook].
“TEMPORARY NO PARKING” signs shall be posted at least forty-eight (48) hours, but not more than seventy-two (72) hours, in advance of commencing the Work. When determined necessary by the Project Manager, the signs shall be placed no more than one hundred fifty (150) feet apart and at shorter intervals if conditions warrant. Contractor shall furnish and place barricades, if necessary, for posting of signs. The Contractor shall provide the signs and will be responsible for adding the dates and hours of closure to the signs. The Contractor shall report the time of posting to the Oxnard Police Department for the purpose of towing. The Contractor shall remove all signs within forty-eight (48) hours after the portion of the Work affecting parking in that Task is accepted by the City. Should the Contractor fail to pick up signs within this time frame, the Contractor shall be charged a penalty of twenty-five dollars ($25) per sign per Calendar Day left in the public right- of-way. Said monies will be deducted from any monies due or to become due to the Contractor.” 5-7.12.1 Traffic Control Plan (TCP) [additional to the Greenbook]. “All Tasks shall require maintenance and control of traffic during the construction period. The Contractor shall provide a detailed Traffic Control Plan (TCP) for all phases of construction for review that shall conform to the Task Order, Greenbook, General Provisions, Special Provisions, the MUTCD, the latest edition of the SSS and the SSP and must be approved by the Project Manager before construction. The TCP shall be prepared under the supervision of and signed and stamped by a registered professional civil engineer or a traffic engineer licensed to practice in the State of California. The TCP shall cover signing, flagging, detour geometric, delineation and channelization, barriers and barricades, separation of opposing traffic streams, and hours of flash operation at signalized intersection(s). The Contractor shall not commence Work on the Task before receiving an approved TCP. Any delay in acquiring TCP approval will be at the Contractor’s expense, and no additional Working Days will be granted.

Traffic control shall be provided by a qualified traffic control company specializing with a C -31 license during the construction of any Task. Traffic control shall address parking changes as well.

Before the beginning of any Work, or if there are changes to the proposed TCP then after approval by the City, the qualified traffic control company staff shall complete field checks of the installed traffic control by driving through the Work area to ensure the adequacy of traffic control. During 137
Agreement No.: 32400262
GP 28
any period when two- way traffic is not provided, the Contractor shall employ properly trained flaggers to control traffic through the construction zone.

For construction in the vicinity of a school, the Contractor shall contact that school’s district, obtain a school schedule and school circulation plan, and incorporate information into the Task’s schedule and traffic control, such that within one thousand (1,000) feet of the school on routes serving the school for student arrivals and departures are not impacted between one (1) hour before and one (1) hour after the schoolday start time and one (1) hour before or one (1) hour after schoolday end time. Contractor shall notify School District of any impacts.

The Contractor shall provide and maintain steel traffic plates recessed into the pavement securely over the trench whenever required and at the end of each Working Day. “ 5-7.12.2 Street Closures, Detours, Barricades [additional to the Greenbook]. “Street closures will not be allowed, except as specifically permitted by the City’s Traffic Engineer.

Traffic signals shall not be placed in flash operation during the hours that traffic lanes must be kept open as defined in this Section. Under no circumstances shall traffic signals be placed under flash operation without prior approval of the City. The Contractor shall contact the City Inspector at least five (5) Working Days in advance to coordinate signal service, unless a different time frame is required in the Special Provisions or the Task Order.

All traffic control barricades, signs and devices used by the Contractor shall, as a minimum, conform to the MUTCD. Should the Contractor fail to provide adequate traffic control or safety barricades, and in the event a responsible individual cannot be located or refuses to perform, the City will, at its option, place needed devices or engage a private firm to place and maintain said traffic control devices. The cost incurred by the City in connection with this will be deducted from the Contractor’s next payment or the retention.

Advance warning signs must be provided with orange warning flags in advance of temporary stop signs. Temporary stop signs are required any time a traffic signal is dark. Temporary stop signs shall be mounted at seven (7) feet height. The Contractor shall post standard “NO STOPPING – CONSTRUCTION ZONE” signs forty-eight (48) hours before construction, not more than fifty (50) feet apart within the Work area, showing the date and time of construction.

The Contractor shall provide advance construction notification signs at each end of each Task at least three (3) Calendar Days before the start of construction at each site. Notification signs shall include the construction start and completion dates.”
5-8 RECYCLING OF MATERIALS [additional to the Greenbook]. “Contractor must adhere to the City’s recycling plans, which are incorporated by this reference and available through the Project Manager.”
5-9 CONFIDENTIALITY [additional to the Greenbook].
5-9.1 Confidential Information [additional to the Greenbook]. “For the purposes of this Agreement, “Confidential Information” means all information, in whatever form transmitted, relating to the past, present or future business affairs of the C ity, including 138
Agreement No.: 32400262
GP 29
without limitation, (i) technical information, including patent, copyright, trade secret, and other proprietary information, techniques, sketches, drawings, plans, specifications, models, inventions, know-how, processes, apparatus, equipment , algorithms, software programs, software source documents, change orders and formulas; or (ii) non- technical information, including without limitation pricing, margins, marketing plans and strategies, finances, financial and accounting data and information, suppliers, customers, customer lists, purchasing data, sales and marketing plans, future business plans and any other information belonging to the City or to a third party whose information is in the City’s possession or control under obligations of con fidentiality, and which (i) is disclosed to the Contractor or (ii) developed by Contractor at the City’s expense.” 5-9.2 Information Provided by Contractor [additional to the Greenbook]. “All information provided by the Contractor or developed by the Contractor at the expense of the City shall be considered Confidential Information and shall not be reproduced, transmitted, disclosed or used by the Contractor without the written consent of the City, except as may be necessary for Contractor to fulfill its obligations to the City. The Contractor does not have the authority to, and shall not, allow anyone else to reproduce, transmit, disclose or use such Confidential Information; if such a request is submitted, Contractor shall direct the requestor to the City.”
5-9.3 Exemptions [additional to the Greenbook].
“Notwithstanding the above, these limitations shall not apply to information: (i ) that is already known to Contractor at the time of its disclosure or becomes publicly known through no wrongful act or omission of Contractor; (ii) when such information is communicated to a third party with the express written consent of the City and is not subject to restrictions on further use or disclosure; or (iii) that is required by law to be disclosed to any governmental agency, or required by court order, a court-issued subpoena or other legal process to be disclosed. Before making any such disclosure listed in this paragraph, Contractor shall immediately provide the City with written notice and a reasonable opportunity for the City to object to the disclosure or to take action to maintain the confidentiality of the information, unless such prior disclosure is impermissible by law or court order.”
5-9.4 Enforcement [additional to the Greenbook].
“Contractor shall use reasonable care to protect the Confidential Information. In the event of a breach or threatened breach of this Agreement, the City s hall be entitled to obtain an injunction prohibiting any such breach, the costs of which shall be paid by Contractor. Any relief granted shall be in addition to and not in lieu of any other legal or equitable relief, including money damages. The City and C ontractor acknowledge that Confidential Information is valuable and unique and that disclosure of the Confidential Information in breach of Section 5-9.4 may result in irreparable injury to the City.”
5-9.5 No Warranties by City [additional to the Greenbook]. “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 Section or for any business decisions made by Contractor in reliance on any Confidential Information disclosed under this Section.” 5-9.6 Survival [additional to the Greenbook].
139
Agreement No.: 32400262
GP 30
“All duties of the Contractor under this Section 5-9.6 shall survive expiration or termination of the Contract.”
5-10 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS [additional to Greenbook].
“The Contractor shall mark and protect all survey monuments, manholes, valves, substructures, or other items which are visible on the surface and will be covered by its operations. This shall be completed and approved by the City Inspector before the start of that Task.

Where the Contractor damages, wholly or partially removes, or reduces the reflectivity of existing traffic striping, pavement markings, and curb markings, s uch striping or markings shall also be considered as existing improvements, and the Contractor shall repaint or replace such improvements.

Relocations, repairs, replacements, or reestablishments shall be at least equal to the state of the striping, pavement markings, and curb markings before Contractor began the Task(s) or to the nearby existing improvements, whichever is higher quality, and shall match this standard in finish and dimensions unless otherwise specified.

All costs to the Contractor for marki ng, protecting, removing, restoring, relocating, repairing, replacing, or reestablishing existing improvements shall be included in the Bid.” SECTION 6. PROSECUTION AND ACCEPTANCE OF THE WORK
6-1 BASELINE CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK.

The Greenbook uses the term “construction schedule” but the City prefers the term “baseline construction schedule” in this context; thus, where “construction schedule” appears in Greenbook Section 6-1 or any of its subsections, “baseline construction schedule” is substituted. 6-1.1 Baseline Construction Schedule.

The following shall be added to Greenbook Section 6-1.1:
“The first sentence of this Section shall be replaced by the following: “After the City issues a Task Order and before starting any Work on that Task, the Contractor shall submit its proposed baseline construction schedule for that Task to the City Engineer for approval unless the City Engineer waives this requirement.”
Contractor shall not proceed pursuant to a Task Order until the baseline construction schedule documents are submitted to the Project Manager for approval. “Approval” within this Section shall mean the Project Manager ensures the baseline construction schedule meets the start and end dates and meets format requirements; “appr oval” does not include the Project Manager’s assessment of whether the Work can be completed according to that baseline construction schedule. “
6-1.1.1 Pre-Construction Meeting [additional to Greenbook]. “At the Project Manager’s discretion, the Contrac tor and the Project Manager shall hold a pre- construction meeting before any Work on any Task commences. If so, the Contractor’s Project 140
Agreement No.: 32400262
GP 31
Manager for that Task, its on-site field superintendent, and any Subcontractors that the Contractor deems appropriate shall attend that meeting.

Contractor shall submit its twenty -four (24) hour emergency telephone numbers to the Project Manager for approval a minimum of two (2) Working Days before each Task’s pre- construction meeting. Unless previously submitted to the Project Manager, the Contractor shall bring to the pre-construction meeting copies of each of the following for that Task:
1) The Baseline Construction Schedule.
2) Both the daytime and emergency phone numbers of the person or persons who will be designated as Contractor’s general construction superintendent or on- site construction manager for all Tasks.
3) A procurement schedule of major equipment and materials and items requiring long lead time.
4) Shop drawing/ a sample submittal schedule.
5) A preliminary schedule of values for progress payment purposes, unless payment shall be made in one lump sum, which shall be stated.

The purpose of the pre-construction meeting is to designate responsible personnel and establish a working relationship. The parties will discuss ma tters requiring coordination and establish procedures for handling such matters. For each Task, the Contractor shall be prepared to discuss all of the items listed below.
1) The Contractor’s proposed baseline construction schedule. 2) Notification of local residents before starting any Work and keeping them informed throughout the time in which the Task is being performed. 3) Procedures for transmittal, review, and distribution of the Contractor’s submittals. 4) Processing applications for payment.
5) Maintaining record documents.
6) Critical Work sequencing.
7) Maintaining sewage service during construction, including proposed by-passes. 8) NPDES requirements, if any.
9) Field decisions and Change Orders.
10) Use of a Task site, office and storage areas, security, housekeeping, and the City’s needs.
11) Major equipment deliveries and priorities.
12) Traffic control.
13) Labor Requirements, including but not limited to prevailing wages. 14) Permits.
15) Any other item that the Project Manager states is relevant to the meeting.” 6-1.1.2 Progress Meetings [additional to Greenbook].
“Progress meetings may be held during the course of each Task at intervals set by the Project Manager. The meeting location, day of the week and time of day will be mutually agreed to by the City and the Contractor. The Contractor shall provide a “look ahead” schedule for each meeting that gives information up to the date of the next meeting. The Project Manager will preside at these meetings. As the Task progresses, if it is determined by mutual agreement of the attendees, that such meetings are not necessary, the progress meetings may be changed to a different interval or may be stopped entirely.”
141
Agreement No.: 32400262
GP 32
6-1.2 Commencement of the Work.

Greenbook Section 6-1.2, which is not incorporated, shall be completely replaced as follows:
“The Contract time shall commence upon the date of issuance of the first Task Order. The Work shall start within the time period that the Project Manager states and be diligently prosecuted to completion by the deadline written in the Task Order.”
6-2 PROSECUTION OF THE WORK.

Greenbook Section 6-2, which is not incorporated, shall be completely replaced as follows:
“If the Contractor has fallen behind any Task’s approved baseline construction schedule, as modified by such time extension as may have been granted by the City for unavoidable delays, by more than twenty percent (20%) of the total number of Working Days for each Task, the Contractor shall submit a recovery schedule to the Project Manager that exactly indicates measures of schedule recovery including, but not limited to, revised methods of procurement, revised sequencing of Work, and any additional measures such as increasing the number of personnel, shifts, overtime operations, Working Days, amount of constr uction equipment until such time as the Task is back on schedule. All costs required to bring the Task back on schedule shall be borne by the Contractor without additional cost to the City.

If the Contractor falls behind any Task’s approved baseline construction schedule, as modified by such time extension as may have been granted by the City for unavoidable delays, by more than thirty-five percent (35%) of the total number of Working Days for each Task—or if the Contractor is being paid a lump sum, by more than three (3) Working Days —the City can deem that the Contractor is in material breach of the Contract, in which case the Work shall be turned over to the Surety for completion.

Alternatively, if the Project Manager determines that the Contractor is fail ing to prosecute the Work to the proper extent, the Project Manager may issue an order of noncompliance in any form or manner. If the order is in writing, the Project Manager has the option of listing the steps required to remedy the situation and reasonable deadlines for each step. The Project Manager may also provide that if such steps are not taken within such listed deadlines, then an amount of listed in the Task Order as the liquidated damages for that particular Task may be assessed for each Calendar Day of delay as a result of damages being sustained by the City that are, and will continue to be, impracticable and extremely difficult to determine. The City may assess liquidated damages in accordance with Section 6- 9 and these General Provisions. Execution of the Task Order shall constitute agreement by the City and the Contractor that the listed amount per Calendar Day is the minimum value of the costs and actual damage caused by the failure of the Contractor to prosecute the Task according to the construction schedule. Such sum is similar to liquidated damages, shall not be construed as a penalty, and may be deducted from payments due to the Contractor if such delay occurs.

These options are available in addition to all other options in the Greenbook or as otherwise legally available.”
6-3 TIME OF COMPLETION.
6-3.1 General.
142
Agreement No.: 32400262
GP 33
Greenbook Section 6 -3.1, which is not incorporated, shall be completely replaced with the following:
“The Contractor shall complete each Task, and each portion thereof, within the time specified in that Task Order.”
6-3.2 Contract Time Accounting [see Greenbook].
6-4 DELAYS AND EXTENSIONS OF TIME.
6-4.1 General.

Greenbook Section 6-4.1, which is not incorporated, shall be completely replaced as follows:
“If delays are caused by unforeseen events beyond the control of the Contractor, and the Project Manager approves the unforeseen events, such delays may entitle the Contractor to an extension of the Task’s time as provided in the Task Order, but the Contractor will not be entitled to damages or additional payment due to such delays, except as otherwise specified in 6-4.3. In any case, no extension of time will be granted for a delay caused by the inability to obtain materials unless the Contractor obtains from the supplier and furnishes to the Engineer documentary proof that such materials could not be obtained due to war, government regulations, labor disputes, strikes, fires, floods, adverse weather necessitating the cessation of work, or other similar action of the elements. No time extension will be granted for delays which do not affect the critical path of the baseline construction schedule on any Task.

Unless otherwise agreed to in writing, an adjustment to the Task’s time by reason of a Change Order shall be agreed to at the time the Change Order is issued and accepted by Contractor. If the Change Order does not reserve the rights of the parties, or either of them, to seek an adjustment to the Task’s time, then the parties forever relinquish and waive such rights and there shall be no further adjustments to the Task’s time.
6-4.2 Extensions of Time.

The following shall be added to Greenbook Section 6-4.2:
“In the event it is deemed appropriate by the City to extend the time for completion of the Work on any Task, any such extension shall not release any guarantee for the Work required by the Contract Documents, nor shall any such extension of time relieve or release the Sureties on the Bonds executed. In executing such Bonds, the Sureties shall be deemed to have expressly agreed to any such extensions of time without additional notice. The amount of time allowed by an extension shall be limited to the period of the delay giving rise to that extension as determined by the City. Notwithstanding any dispute which may arise in connection with a claim for adjustment of the Task’s time, the Contractor shall promptly proceed with the Work.” 6-4.3 Payment for Delays.

The following shall be added to Greenbook Section 6-4.3:
“Notwithstanding any other terms and conditions of the Contract Documents, the City shall have no obligation whatsoever to increase the Contract Price or extend the time for delays. 143
Agreement No.: 32400262
GP 34
No payment or compensation of any kind shall be made to the Contractor for damages or increased overhead costs caused by any delays in the progress of a Task, whether such delays are avoidable or unavoidable or caused by any act or omission of the City or its agents. Any accepted delay claim shall be fully compensated for by an extension of time to complete the performance of the Work.

This Section shall not apply to compensable delays caused solely by the City. If a compensable delay is caused solely by the City, the Contractor shall be entitled to a Change Order that: (1) extends the time for completion of the Task by the period of the delay caused by the City; and (2) provides equitable adjustment, as determined by the City, to the Contractor.” 6-4.4 Written Notice and Report.

Greenbook Section 6-4.4, which is not incorporated, shall be completely replaced as follows:
“If the Contractor desires payment for a delay or an extension of time, the Contractor shall submit to the Project Manager a written request and report of cause within three (3) Working Days after the beginning of the delay such a request and report are impossible to submit due to the nature of the delay. In such a case, Contractor shall submit the request and report as soon thereafter as possible.

Such request and report of cause shall specify the nature of the delay and the conditions that set the beginning time of delay. If the delay is due to an inability to obtain materials or equipment, the request and report of cause must include the following items as appropriate under the circumstances: the date Contractor was first notified of the delay; the date the delay began; t he exact description of the material, equipment or other cause of the delay; documentation showing when and from whom the delaying item was ordered; documentation of promise to deliver the delaying item; documentation of actual delivery date of the delaying item; description of how late delivery caused delay, including references to the construction schedule; documentation of measures taken to get prompt delivery; documentation of attempts to get delivery from other sources; description of steps taken in the Work scheduling to minimize effects of late delivery; a description of steps taken to get the Task back on schedule after delivery; and a statement of the actual time lost as a result of late delivery. Failure by the Contractor to file all of these items within the time specified herein will be considered grounds for rejection by the City, regardless of the merit of the issues raised in that notice.”
6-5 USE OF IMPROVEMENT DURING CONSTRUCTION.
6-6 SUSPENSION OF THE WORK.
6-6.1 General [see Greenbook].
6-6.2 Archeological and Paleontological Discoveries [see Greenbook]. 6-7 TERMINATION OF THE CONTRACT FOR DEFAULT.
6-7.1 General [see Greenbook].
6-7.2 Notice to Cure [see Greenbook].
6-7.3 Notice of Termination for Default [see Greenbook]. 144
Agreement No.: 32400262
GP 35
6-7.4 Responsibilities of the Surety.

The first sentence of the second paragraph of this Section, which is not incorporated, is replaced in full with the following:
“Within ten (10) Working Days of receipt of the written notice of termination for default, the Surety shall submit to the Agency a written plan detailing the course of action it intends to take to remedy the default.”
6-7.5 Payment [see Greenbook].
6-8 TERMINATION OF THE CONTRACT FOR CONVENIENCE.

The following shall be added to Greenbook Section 6-8:
“In addition to the reasons for termination listed in Greenbook Section 6-8, which allow termination upon any written notice, the City may terminate the Contract for any other reason or for no reason upon thirty (30) Calendar Days’ written notice, and the City may terminate any Task for any reason or for no reason upon seven (7) Calendar Day’s written notice. The rest of the procedure outlined in Section 6 -8 shall apply to such situation, including the Contractor’s required immediate notification of Subcontractors and suppliers and the payment. In no event (including termination for impossibility or impracticability, due to conditions or events beyond the control of the City, for any other reason or for no reason) shall the total amount of money to Contractor exceed the amount which would have been paid to Contractor for the full performance of the services described in the Contract or in the terminated Task.

Furthermore, some of the City’s projects are funded in whole or in part by funds other than the City’s General Fund. If this Project or any Task is funded by such external funds in whole or in part, those external funds are terminated or reduced at any time and for any reason or for no reason at all, and the City determines at its discretion that no other funding is available for continuation of this Project or any Task, the City will not be obligated to continue funding for the services contained in these Contract Documents and may terminate the Proj ect or any Task immediately. The City shall reimburse the Contractor for any Work satisfactorily completed until the termination date. In no event shall the total amount of money to the Contractor exceed the amount which the City has received in funding fr om its external source. The Special Provisions may include further details in this regard.”
6-9 LIQUIDATED DAMAGES.

Greenbook Section 6-9, which is not incorporated, shall be completely replaced with the following:
“Contractor must complete all Work for a Task by the date listed in that Task Order. Failure of the Contractor to complete each Task within the time allowed will result in damages being sustained by the Agency. Such damages are, and will continue to be, impracticable and extremely difficult to determine. For each consecutive Calendar Day in excess of the time specified for completion of the Task, as adjusted in accordance with 6-4, the Contractor shall pay to the Agency, or have withheld from monies due it, the sum of that is listed in that Task Order, which in any case shall not exceed $250.

Issuance of the Task Order shall constitute agreement by the Agency, and the commencement of Work on that Task shall constitute agreement by the Contractor, that the amount per Calendar 145
Agreement No.: 32400262
GP 36
Day listed in that Task Order is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work of that Task within the allotted time. Such sum is liquidated damages, shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs.”
6-10 CEASING ISSUANCE OF TASK ORDERS [additional to Greenbook]. “At any time, the Agency may stop issuing Task Orders for new Tasks, which shall not constitute a termination of the Contract. The Agency does not guarantee any amount of Work under this Contract, any particular type of Work within the scope of services in the Contract Documents, or any frequency of Task Orders. “
SECTION 7 MEASUREMENT AND PAYMENT
7-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK.
7-1.1 General [see Greenbook].
7-1.2 Methods of Measurement.

The following shall be added to Greenbook Section 7-1.2:
“The Contract Price shall constitute full compensation for all labor, equipment, materials, tools and incidentals required to complete all Tasks as outlined in these Contract Documents and their Task Orders and as directed by the Project Manager.”
7-1.3 Certified Weights [see Greenbook].
7-2 LUMP SUM WORK [see Greenbook].
7-3 PAYMENT.
7-3.1 General [see Greenbook].
7-3.2 Partial and Final Payment [see Greenbook].
7-3.2.1 Monthly Closure Date and Invoice Date [additional to Greenbook]. “In accordance with Greenbook Section 7-3.2, the monthly closure date shall be the last Working Day of each month. The Contractor will measure WIP performed during the month and will submit a Quantify WIP, with the Project Inspector for payment backup on all Tasks over thirt y (30) Calendar Days. The Contractor shall also submit its statement of completed Work with the Project Inspector on any lump sum payments completed that month. Each invoice must be signed and submitted to the Project Manager before the tenth (10th) Calendar Day of the following month for verification and payment consideration.”
7-3.2.2 Payments [additional to the Greenbook].
“The City shall make payments within thirty (30) Calendar Days after receipt of the Contractor’s undisputed and properly submitted payment request, including an updated construction schedule for each pending Task pursuant to Section 6- 1.1 of both the Greenbook and the General 146
Agreement No.: 32400262
GP 37
Provisions. The City shall return to the Contractor any payment request determined not to be a proper payment request as soon as practicable, but not later than seven (7) Calendar Days after receipt, and shall explain in writing the reasons why the payment request is not proper.” 7-3.2.3 Retention [see Greenbook].
7-3.2.4 Final Invoice and Payment [additional to the Greenbook]. “Whenever the Contractor completes all Tasks, the City accepts all Tasks, and the Contract Term ends, whichever occurs last, the Project Manager shall notify the City Clerk that the Contract has been completed in its entirety. The Contractor shall then submit to the Project Manager a written statement of the final quantities of items for inclusion in the final invoice. Upon receipt of such an invoice, the Project Manager shall check the quantities included therein and shall authorize a payment amount, covering the value of the total amount of Work done by the Contractor, less all previous payments and all amounts to be retained under the provisions of the Contract Documents (“Final Payment Amount”). In addition, the final payment will not be released until the Contractor returns the control set of Plans and Specifications showing the redlined as -built conditions.”
7-3.2.5 Substitute Security [see Greenbook].
7-3.2.5.1 Substitution of Securities for Performance Retention [see Greenbook]. 7-3.2.5.2 Deposit of Retention Proceeds with an Escrow Agent [see Greenbook]. 7-3.2.5.3 Subcontractor Entitlement to Interest [see Greenbook]. 7-3.2.5.4 Securities Eligible for Investment [see Greenbook]. 7-3.2.5.5 Escrow Agreement for Security Deposits in Lieu of Retention [ see Greenbook].
7-3.2.5.6 Inconsistencies with Prevailing Statutory Requirements [additional to the Greenbook].
“If there is any inconsistency between or differences in Public Contract Code Section 22300 or any future amendments thereto and the terms of this provision, Section 22300 shall control.” 7-3.5 Contract Unit Prices.
7-3.5.1 General [see Greenbook].
7-3.5.2 Increases of More Than 25 Percent [see Greenbook]. 7-3.5.3 Decreases of More Than 25 Percent [see Greenbook]. 7-3.6 Stipulated Unit Prices [see Greenbook].
7-3.7 Agreed Prices [see Greenbook].
147
Agreement No.: 32400262
GP 38
7-3.8 Eliminated Items.

Greenbook Section 7 -3.8, which is not incorporated, shall be completely replaced with the following:
“Should any item on a Task Order be eliminated in its entirety, and Contractor already ordered materials conforming to the Plans, Specifications, and relevant Task Order in the eliminated item before the date of notification of elimination by the Engineer, Contractor shall attempt to cancel the order or return the materials for a full refund; if Contractor is able to return any of the materials, the City shall pay the Contractor for the supplier’s actual cost for returning the material. If canceling the order and returning the materials cannot be done due to r easons outside of Contractor’s control, Contractor shall notify Project Manager of the precise unused materials, including the amounts of such materials, that Contractor already obtained and what efforts Contractor took to return the materials. Project Manager shall have the option of deciding what happens with the materials, including but not limited to: paying Contractor for the actual cost of the materials, thereby obtaining the materials as property of the City, and requiring Contractor to transport the materials to the City for its use, paying the Contractor for its actual handling cost; or disposing of the materials, paying the Contractor for its actual handling cost.” 7-6 AUDIT [additional to the Greenbook].
“The City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by the Contractor in preparing its billings to the City as a condition precedent to any payment to the Contractor or in response to a construction claim or a Public Records Act (Government Code Section 6250 et seq. ) request. The Contractor will promptly furnish documents requested by the City at no cost. Additionally, the Contractor shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under the Contract. The Contractor shall include a copy of this Section 7 -6 in all contracts with its Subcontractors, and the Contractor shall be responsible for immediately obtaining those records or other written material from its Subcontractors upon a request by the State Auditor or the City. If the Project or specific Task includes other auditing requirements, those additional requirements will be listed in the Special Provisions or Task Order, respectively.”
SECTION 8. FACILITIES FOR AGENCY PERSONNEL
Greenbook Part 1, Section 8 is incorporated herein by this reference, except as modified herein.

No field offices for City personnel shall be required; however, City personnel shall have the right to enter upon the Task site at all times and shall be admitted to the offices of the Contractor to use the telephone, desk and sanitary facilities provided by the Contractor for its own personnel. 8-1 GENERAL [see Greenbook].
8-2 FIELD OFFICE FACILITIES [see Greenbook].
8-2.1 Class “A” Field Office [see Greenbook].
8-2.2 Class “B” Field Office [see Greenbook].
8-2.3 Class “C” Field Office [see Greenbook].
148
Agreement No.: 32400262
GP 39
8-3 FIELD LABORATORIES [see Greenbook].
8-3.1 Offsite at Manufacturing Plant [see Greenbook].
8-3.2 At the Work Site [see Greenbook].
8-4 BATHHOUSE FACILITIES [see Greenbook].
8-5 REMOVAL OF FACILITIES [see Greenbook].
8-6 BASIS OF PAYMENT [see Greenbook].

SECTION 9. UTILITIES [this Section 9 includes information additional to Greenbook Section 402].
9-1 LOCATION [additional to Greenbook Section 402.1].

The following shall be added to Greenbook Section 402-1:
“The location and existence of all underground Utilities and substructures have not been obtained.

The methods used and costs involved to locate existing elements, points of connection and all construction methods are the Contractor’s sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed by the City. The Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which includes contacting Underground Service Alert (“USA”) and other private underground locating firm(s), utilizing specialized locating equipment, hand tr enching, or both. To obtain a USA Identification Number, call USA a minimum of two (2) Working Days before scheduled excavation. (For best response, provide as much notice as possible up to ten (10) Working Days.) Upon request from the Project Manager anyt ime up to five (5) years after Project acceptance, the Contractor must submit a written notice of every USA Identification Number issued during the course of and related to the Project. The Contractor shall be responsible for preserving the integrity of t he existing underground utilities at the site.”
9-1.1 General [see Greenbook Section 402-1.1].
9-1.2 Payment [see Greenbook Section 402-1.2].
9-1.3 Entry by Utility Owners [additional to the Greenbook Section 402]. “The right is reserved to the owners of public Utilities or franchises to enter the Project site for the purpose of making repairs or changes in their property that may be necessary as a result of the Work as well as any other reason authorized by the City. When the Contract Documents provide for the Utility owners to alter, relocate or reconstruct a Utility, or when the Contract Documents are silent in this regard and the Project Manager determines that the Utility owners must alter, relocate or reconstruct a Utility, the Contractor shall schedule and allow adequate time for those alterations, relocations or reconstructions by the respective Utility owners. City employees and agents shall likewise have the right to enter upon the Project site at any time and for any reason or no reason at all.”
9-2 PROTECTION [additional to Greenbook Section 402-2]. 149
Agreement No.: 32400262
GP 40
The following shall be added to Greenbook Section 402-2:
“If Contractor damages or breaks the Utilities, it will be the Contractor’s responsibility to repair the Utility at no cost to the Utility or to the City.”
9-3 REMOVAL.

Greenbook Section 402-3shall be completely replaced as follows:
“Contractor shall immediately notify the Project Manager in writing of any facilities not identified in the Plans and Specifications that Contractor finds during the prosecution of the Work. After obtaining that written notice, Project Manager will instruct the Contractor as to what should be done with such facilities. Contractor shall not stop Work while waiting for the Project Manager’s response; instead, Contractor shall move a reasonable distance from the obstruction to continue Work until Contractor obtains further instruction from the Project Manager. The remaining portion of the existing Utility which is left in place shall be accurately recorded, in elevation and plan, on the control set of Contract Drawings.”
9-4 RELOCATION [additional to Greenbook Section 402-4].

The following shall be added to Greenbook Section 402-4:
“The Contractor shall cooperate fully with all Utility forces of the City or forces of othe r public or private agencies engaged in the relocation, altering, or otherwise rearranging of any facilities that interfere with the progress of the Work. The Contractor shall schedule the Work so as to minimize interference with the relocation, altering, or other rearranging of facilities.” 9-5 DELAYS DUE TO ULTILITY CONFLICTS [see Greenbook Section 402-5]. 9-6 COOPERATION [additional to Greenbook Section 402-6].

The following shall be added to Greenbook Section 402-6:
“The Contractor’s attention is directed to the fact that Work may be conducted at or adjacent to the site by other contractors during the performance of the Work under this Contract. The Contractor shall conduct its operations so as to cause a minimum of interference with the work of such other contractors, and shall cooperate fully with such contractors to provide continued safe access to their respective portions of the site, as required to perform work under their respective contracts. Compensation for compliance shall be included in the various items of the Work, and no additional compensation shall be allowed therefor.”
9-7 NOTIFICATION [additional to Greenbook Section 402]. “The Contractor shall notify the Public Works Director or his or her designee and the owners of all Utilities and substructures not less than forty-eight (48) hours before starting construction.” SECTION 10. ADDITIONAL TERMS [additional to the Greenbook]. 10-1 LICENSES [additional to the Greenbook].
“The Contractor shall possess a valid Class B or C -36 Contractor’s license issued by California 150
Agreement No.: 32400262
GP 41
State Contractors License Board. The Contractor will also be required to possess a City of Oxnard business license at the time of performance and payments bonds and insurance submission. In accordance with Section 7028.15 of the Business and Professions Code, all Contractors shall be licensed in accordance with the laws of the State of California and any Contractor or Subcontractor not so licensed is subject to the penalties imposed by such laws.

If traffic control in a constr uction zone is required, it must be performed by a State of California Construction Zone Traffic Control Contractor, Specialty Classification C-31.” 10-2 NONDISCRIMINATORY EMPLOYMENT [additional to the Greenbook]. “The Contractor shall not unlawfully discriminate against any individual based on race, religion or religious creed, color, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, immigration status, citizenship or military and veteran status. The Contractor shall comply with the nondiscrimination mandates of all statutes, ordinances and regulations.

For every Subcontractor who will perform Work on the Project as a whole or on any Task, the Contractor shall be responsible for such Subcontractor’s compliance with this Section 10- 2. The Contractor shall include in the written contract between itself and each Subcontractor a copy of the provisions in this Section 10-2 and a requirement that each Subcontractor shall comply with those provisions. The Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure Subcontr actor’s compliance. The Contractor shall diligently take corrective action to halt or rectify any failure to comply.” 10-3 COMMENCEMENT OF WORK [additional to the Greenbook]. “After award of this Contract, signing the Contract Documents and submission of i nsurance, Payment and Performance Bonds, and a copy of the City’s business license, the City may issue the Contractor Task Orders. The City will not authorize any Work to be done under these Contract Documents before all of the above have been fully execut ed. Any Work that is done by the Contractor in advance of the Task Orders shall be considered as being done at the Contractor’s own risk and responsibility, and as a consequence will be subject to rejection. “ 10-4 CONTRACTOR’S RESPONSIBILITY FOR WORK [additional to the Greenbook]. “Until the acceptance of the Work, the Contractor shall have the responsible charge and care of the Work and of the materials to be used therein, (including materials for which partial payment has been received or materials which have been furnished by the Owner), and shall bear the risk of injury, loss or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the nonexecution of the Work.

The Contractor shall rebuild, repair, restore, and make good all injuries, losses, damages to any portion of the Work or the materials occasioned by any cause before its completion and acceptance, and shall bear the expense thereof. Where necessary to protect the Wo rk or materials from damage, the Contractor shall, at the Contractor’s expense, provide suitable drainage and erect such temporary structures as are necessary to protect the Work or materials from damage. The suspension of the Work from any cause whatever shall not relieve the Contractor of his responsibility for the Work and materials as herein specified. If ordered by the Owner’s Representative, the Contractor shall, at the Contractor’s sole cost and expense, properly 151
Agreement No.: 32400262
GP 42
store materials which have been partially paid for by the Owner or which have been furnished by the Owner. Such storage by the Contractor shall be on behalf of the Owner, and the Owner shall, at all times, be entitled to the possession of such materials, and the Contractor shall promptly return the same to the site for the work when requested. The Contractor shall not dispose of any of the materials so stored, except with written authorization from the Owner.

In an emergency affecting the safety of life or property, including adjoining property, the Contractor, without special instructions or authorizations, is authorized to act at the Contractor’s discretion to prevent such threatened loss or injury, and shall so act as though instructed to do so by the Owner.

Notwithstanding the foregoing provisions of this article, the Contractor shall not be responsible for the cost of repairing or restoring damage to the work, which damage is determined to have been proximately caused by an Act of God, in excess of five (5) percent of the contracted amount, provided the work is built in accordance with accepted and applicable building standards and the approved Plans and Specifications.

“Acts of God” shall include earthquakes in excess of a magnitude of 3.5 on the Richter Scale, wildfires and tidal waves.”

10-5 DAMAGE TO PUBLIC PROPERTY [additional to the Greenbook]. “Any portions of curb, gutter, sidewalk or any other City improvement damaged by the Contractor during the course of construction shall be replaced by the Contractor at its own cost.” 10-6 REMOVAL OF INTERFERING OBSTRUCTIONS [additional to the Greenbook]. “The Contractor shall remove and dispose of all debris, abandoned structures, tree roots and obstructions of any character met during the process of excavation. The cost of any such removals shall be included in the Contract Unit Price for the Work Contractor was doing when it met such debris, abandoned structures, tree roots and other obstructions. “ 10-7 SOILS ENGINEERING AND TESTING [additional to the Greenbook]. “The City may retain a certified materials testing firm to perform materials tests during the Contractor’s entire operation to ascertain compliance with the Contract requirements. The City shall be responsible for the first series of tests. If the initial tests do not meet the Contract requirements, the Contractor shall bear the cost of all subsequent tests. “ If the City requires other tests or more specific requirements for testing regarding this Project or a specific Task, those details will be included in the Special Provisions or that Task Order. “ 10-8 ACCESS TO PRIVATE PROPERTY [additional to the Greenbook]. “Unless otherwise stated in the Special Provisions or any Task Order, the Contractor shall be responsible for all fees and costs associated with securing permission to access private property for any portion of any Task, and the Contractor shall obtain the required easement or license for any portion of any Task. “
10-9 WORKING DAYS AND HOURS [additional to the Greenbook]. 152
Agreement No.: 32400262
GP 43
“Except as otherwise specified in the Special Provisions or a City-issued permit, no Work shall be performed by the Contractor: on Saturdays and Sundays; on major highways between the hours of 7:00 p.m. and 7:00 a.m. of the following Calendar Day; on a str eet before 8:30 a.m. or after 3:30 p.m.; and at any other Task site before 7:00 a.m. or after 6:00 p.m. Additionally, no Work will be allowed on scheduled holidays observed by the City.

Whenever the Project Manager gives written permission or direction to the Contractor to perform night Work or to vary the period during which Work is performed during the Working Day, the Contractor shall give twelve (12) hours’ notice to the Project Manager so that inspection may be provided. Also, a charge may be made to the Contractor for approved overtime or weekend inspections requested by the Contractor. “
10-10 CLAIM DISPUTE RESOLUTION [additional to the Greenbook]. “In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disputed Work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all disputed Work, claims and other disputed matters.

All claims arising out of or related to the Contract Documents, any Task Order, this Project, or a specific Task and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims and to Public Contract Code Section 20104 et seq. (“Article 1.5”) regarding the resolution of public works claims of three hundred seventy -five thousand dollars ($375,000) or less. This Contract hereby incorporates those provisions as through fully set forth herein.

Additionally, if any Task is for the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind, Public Contract Code Section 9204 shall apply to all claims related to that Task, which are separate Contractor demands sent by registered or certified mail with return receipt requested, for one or more of the following:
a time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City; the City’s payment of money or damages arising from Work done by, or on behalf of, the Contractor pursuant to the Contract or any Task Order and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled; and payment of an amount that is disputed by the City. The Contractor must furnish reasonable documentation to support the claim. The City must respond within forty-give (45) days, and if the Contractor disputes the City’s response, or if the City fails to respond within the time prescribed in Public Contract Code Section 9204, the Contractor may demand an informal conference to meet and confer for settlement of the issues in dispute; that demand must be in writing sent by regist ered mail or certified mail, return receipt requested. After that conference, any remaining disputed portion of the claim, as identified by the Contractor in writing, must be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. Unless otherwise agreed to by the City and the Contractor in writing, this mediation shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. If a Subcontractor lacks legal standing to assert a claim against the City because privity of contract does not exist, the Contractor may present to the City a claim on behalf of that Subcontractor in accordance with Public Contract Code Section 9204. “
153
Agreement No.: 32400262
GP 44
10-11 THIRD PARTY CLAIMS [additional to the Greenbook]. “The City shall have full authority to compromise or otherwise settle any claim relating to the Project, any particular Task(s) or both at any time. The City shall timely notify the Contractor of the receipt of any third-party claim relating to the Project, any particular Task(s) or both. The City shall be entitled to recover its reasonable costs incurred in providing this notice.

The Contractor shall not have any authority to compromise or otherwise settle any claim relating to the Project, any particular Task(s) or both; any effort by the Contractor to do so shall be deemed a breach of the Contract, and the City will not participate in any such compromise or settlement.

Within five (5) Calendar Days of the date that the Contractor receives any third-party claim relating to the Project, any particular Task(s) or both, the Contractor shall provide written notice thereof and a copy of the claim to the City Attorney. “
10-12 COMPLIANCE WITH ALL LAWS [additional to the Greenbook]. “The Contractor shall comply with all applicable federal, State and local laws, ordinances, codes and regulations in force at the time the Contractor performs pursuant to the Contract Documents or any Task Orders. “
10-13 ADDITIONAL REPRESENTATIONS [additional to the Greenbook]. “By signing the Contract, the Contractor represents, covenants and agrees that: (a) the Contractor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in the Contract Documents; (b) there are no obligations, commitments, or impediments of any kind that will limit or prevent its full performance under the Contract Documents; and (c) there is no litigation pending against the Cont ractor, and the Contractor is not the subject of any criminal investigation or proceeding. “
10-14 CONFLICTS OF INTEREST [additional to the Greenbook]. “The Contractor shall not accept any employment or representation through the City’s final payment on the Project or within twelve (12) months thereafter that is or may likely make the Contractor “financially interested,” as provided in Government Code Sections 1090 and 87100, in any decisions made by the City on any matter in connection with which the Contractor has been retained pursuant to the Contract Documents. “
10-15 APPLICABLE LAW [additional to the Greenbook].
“The validity, interpretation, and performance of these Contract Documents and all Task Orders shall be controlled by and construed under the laws of the State of California, excluding California’s choice of law rules. Venue for any such action relating to the Contract shall be in the Ventura County Superior Court. “
10-16 TIME [additional to the Greenbook].
“Time is of the essence in these Contract Documents. “
10-17 INDEPENDENT CONTRACTOR [additional to the Greenbook]. 154
Agreement No.: 32400262
GP 45
“The Contractor, Subcontractors and their officers, employees and agents shall at all times remain, as to the City, wholly independent contractors rather than employees of the C ity. The Contractor and Subcontractors have and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting the Contractor and/or Subcontractors. Neithe r the City nor any of its officials, officers, employees or agents shall have control over the conduct of the Contractor, Subcontractors, or any of their officers, employees, or agents, except as set forth in the Contract Documents, and the Contractor and Subcontractors are free to dispose of all portions of their time and activities that they are not obligated to devote to the City in such a manner and to such persons that the Contractor or Subcontractors wish except as expressly provided in these Contract Documents.

Except as the Project Manager may specify in writing, the Contractor, Subcontractors and their officers, employees and agents shall have no power or authority, express or implied to act on behalf of City in any capacity, to bind City to any obligation, to incur any debt, obligation, or liability on behalf of the City or otherwise to act on behalf of the City as an agent. The Contractor, Subcontractors and their officers, employees and agents shall not, at any time or in any manner, represent that they or any of their officers, employees or agents are in any manner officers, employees or agents of the City.

The Contractor and Subcontractors shall pay all required taxes on amounts paid to them under the Contract, and shall indemnify, defend and h old the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract Documents. The Contractor shall include this provision in all contracts with all Subcontractors.

The Contractor, Subcontractors and their officers, employees and agents shall be solely responsible for, and shall save City harmless from, all matters relating to the payment of the Contractor and Subcontractors’ officers, employees and agents, including compliance with social security requirements, federal and State income tax withholding and all other regulations governing employer-employee relations.

The Contractor, Subcontractors and their officers, employees and agents 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, or health, l ife, dental, long-term disability and workers’ compensation insurance benefits. “
10-18 CONSTRUCTION [additional to the Greenbook].
“In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter in these Contract Documents, the interpretation of these documents shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted all or a portion of that document. “ 10-19 THIRD PARTY BENEFICIARIES [additional to the Greenbook]. “Nothing in the Contract Documents is intended to make the public or any member of the public a third party beneficiary of the Contract; nor is any term and condition or other provision of the Contract Documents intended to establish a standard of care owed to the public or any member of the public. “
155
Agreement No.: 32400262
GP 46
10-20 WAIVER [additional to the Greenbook].
“No failure or delay on the part of any party in exercising any right or remedy provided in these Contract Documents shall operate as a waiver or preclude any exercise of that right or remedy, any other right or remedy provided under these Contract Documents, or any other right or remedy otherwise available at law or in equity. In no event shall the making by the City of any payment to the Contractor constitute or be construed as a waiver by the City of any breach of covenant or any default that may then exist on the part of the Contractor, and the making of any such payment by the City shall in no way impair or prejudice any right or remedy available to the City with regard to such breach or default. “
10-21 CUMULATIVE REMEDIES [additional to the Greenbook]. “Except if expressly provided herein, no remedy specified in these Contract Documents is intended to be exclusive of any other remedy, and each remedy shall be cumulative, in addition to every other right or remedy provided in these Contract Documents or otherwise available at law or in equity. “
10-22 TERM [additional to the Greenbook].
“The Contract is effective as of the Effective Date listed, and shall remain in full force and effect until the Contractor has completed all Tasks, the City has accepted all Tasks, and the Contract Term has ended, unless the Contract has been otherwise terminated by the City. However, some provisions may survive the term listed within this Section, as stated in those provisions.“ 10-23 NOTICE [additional to the Greenbook].
“Except as otherwise required by law, any notice or other communication authorized or required by these Contract Documents shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service on a Business Day during the City’s regular business hours or (b) on the third Working Day following deposit in the United States mail, postage prepaid, to the addresses listed on the Bid and City Hall, or at such other address as one party may notify the other in writing.“
10-24 SEVERABILITY [additional to the Greenbook].
“To the extent that any term, provision or part of these Contract Documents is held invalid, void, or unenforceable by a court of competent jurisdiction, the remainder of these Contract Documents shall not be impaired or affected, shall continue in full force and effect, and shall be valid and enforceable to the fullest extent permitted by law.“

156
Agreement No.: 32400262

EXHIBIT A

RATES AND COSTS

Rates below shall include full compensation to furnish all necessary labor, equipment and other incidental and appurtenant Work as more fully described in the Exhibit B Special Provisions and as directed by the Project Manager.

157
Agreement No.: 32400262
SP 1

EXHIBIT B

SPECIAL PROVISIONS

ON-CALL PLUMBING MAINTENANCE AND MINOR REPAIR SERVICES
SPECIFICATION NO. PW 23-105

1000-1 SCOPE OF WORK
On-call plumbing services may include, but are not limited to full -service on- call plumbing maintenance and related minor repair services that are routine and recurring, to citywide Public Works’ Facilities and Divisions. Building and service facility needs may include, but not limited to, Environmental Resources, Water, Wastewater, Stormwater, Parks, Fleet, Transportation, Engineering, and other City owned buildings and facilities throughout the City. Locations are shown on the attached Appendix A and the City may add additional locations as needed.

Full-service plumbing maintenance and related minor repair services will r equire Contractor to furnish all labor, materials, tools, equipment, supplies, services, tasks, incidental and customary Work necessary to competently perform on-call plumbing maintenance and related minor repair work at various City Facilities. Markup on parts and materials may not exceed 15% of contractor’s cost.

Plumbing Maintenance and Related Minor Repair Services (Scope of Work) may include, but are not limited to, the following:

1. Furnishing all labor, materials, tools, equipment, supplies, services, tasks, incidental and customary Work necessary to competently perform on- call plumbing maintenance and related minor repair work at various City Facilities. Markup on parts and materials may not exceed 15% of contractor’s cost.

2. Work areas may include, bu t are not limited to underground, inside/outside of City buildings, under slab, roof areas, City facilities operating around the clock, shop areas, etc.

3. Perform site visit with City Staff to inspect and identify course of action to complete plumbing service request; provide cost estimate that includes performance schedule establishing start and anticipated completion times to complete plumbing maintenance and related minor repairs. Cost estimate shall be provided within three (3) Working Days once Scope of Work for repair has been mutually agreed; unless additional time is needed and mutually agreed.

4. Minor repair work includes plumbing work relating to air, gas, water, and sewer lines of various sizes and material types.

5. Testing plumbing service and plumbing systems and components. Systems include, but are not limited to domestic water, heating, cooling, hot water systems, conditioned water systems, sanitary sewer, natural gas, and storm systems as well as toilets, urinals, and sinks.

6. Minor Repair work for component and fixture repairs include, but are not limited to water heaters, hot water tanks, fixture valves, main/gate valves, fittings, circulating pumps, sinks, toilets, faucets, and related items.

7. Maintenance work shall include plumbing work relating to waste lines, sewer mains, 158
Agreement No.: 32400262
SP 2

including but not limited to clearing waste/sewer line blockages; hydro- jetting sewer lines ranging between 1 ½ to 6 -inches in diameter; and camera inspection/sewer line assessment; and any other routine and recurring plumbing work needed to maintain the waste and sewer lines.

8. Work includes general and commercial plumbing work consisting of but not limited to caulking, cutting, threading, bending, soldering, assembly of component parts/plumbing lines and material types relating to water, sanitary, drainage, heating, gas & other plumbing materials.

9. Work may include site prep work to address premise impacts associated with minor repairs, such as but not be limited to public safety measures, dust control, flood protections, etc due to cement saw cutting & removal; drywall removal; flooring/sub - flooring removal; etc. to access areas for maintenance and minor repair work.

Measures may include, but not be limited to installation of plastic sheeting for dust control; installation of floor protection paper ‘Ram Board’; etc. to protect work areas.

10. All work shall be performed to the City’s adopted 2023 California Plumbing Code standards and Occupational Safety and Health Act (OSHA) standard to protect public health and safety; property, and the environment.

Worksite Security Procedures and Conduct while Working at City Facilities.

1. Contractor and subcontractors shall wear neat-appearing uniforms (shorts not permitted) and footwear of a style that complies with all legal and safety requirements, including the requirements of Occupational Safety and Health Act. Contractor and subcontractors must wear identification showing from whom they are employed. Contractor to wear appropriate Personal Protective Equipment (PPE) and shall be worn at all times while performing services.

2. Contractor shall comply with instructions pertaining to conduct and building regulations as directed by the City.

3. Proper behavior and language by Contractor and sub- contractors on City property is strictly required. Contractor shall be prohibited from disturbing items in City facilities, and from smoking in any City facility.

4. Tools, materials, equipment, and supplies used in the performance of these services shall be in a good state of repair, safe to use, and be used in the manner in which they were intended. All tools, materials, supplies and equipment must be picked up by the Contractor at the end of each work day, and leave the Work space in which they were working clean, safe and free of debris.

5. Contractor shall be required to successfully complete a City of Oxnard security clearance, prior to the award of this contract . When working in the Public Safety Building and any other areas of a sensitive nature as designated by the City, the Contractor must have qualified employee’s security cleared and have on call, at least one security cleared employee for afterhours callouts. Any employee denied security clearance shall be restricted from entering the designated locations, and the Contractor shall provide an employee who has obtained security clearance. Any cost for obtaining security clearance will be the responsibility of the Contractor.

6. Contractor to abide by all posted speed limits will driving on City property.

7. Vendor vehicles shall be in good condition. All Vendor vehicles shall conform to all applicable State and Federal regulations; and be fully equipped and maintained to safely 159
Agreement No.: 32400262
SP 3

transport and deliver materials, equipment, and all incidentals to and from the location specified.

1000-2 RESPONSE TIME.

Contractor shall respond to all requests as required, 24 hours per day, 365 days per year, including holidays. All costs for labor for these requests shall be included in the Bid sheets.

Response time by the Contractor shall be as stated below:

1. Non-Scheduled Urgent Repair Work:
(Bid Items 2, 3,& 4)
Contractor must verbally respond within thirty (30) minutes of telephone or email notification by the City. Contractor must be on the site within one (1) hour of the notification and begin Work immediately. Urgent minor repairs are those where public interest and necessity demand the immediate expenditure of public money to avoid harm to or to safeguard life, health or property.

For urgent minor repairs needing time sensitive attention and authorized to start work ahead of a Task Order/Purchased Order, the Contractor shall submit to the Project Manager an invoice or cost estimate within 48 hours from the time the work was authorized. The cost estimate shall list the Scope of Work, materials, labor times, schedules and related items for urgent minor repairs completed and/or underway.

When the extent of urgency is no longer necessary because the threat of public health and safety and/or property is no longer present, the Contractor shall coordinate with Project Manager to schedule minor repair and maintenance Work. Scope of Work to complete the minor repairs may require a separate cost estimate for non-scheduled urgent minor repairs.

For maintenance and minor repair work that requires a permit, the Contractor shall file a building permit application with supporting documents to the Building and Engineering Division and obtain a permit. The City will either pay for permit fees in advance or reimburse the Contractor for permit costs. The City shall not pay mark -up costs, administrative charges, or any other charge beyond the permit costs. NOTE: Major non- routine or recurring repairs, which may or may not require preparation of designs, drawings or plans for a permit are not allowed under this Agreement. This Agreement is limited to maintenance and minor repair work of a routine and recurring nature. All other plumbing work must be bid separately by the City.

2. Scheduled Repair and Maintenance Work:
(Bid Item 1)
Contractor must verbally respond within 24 hours of telephone or email notification by the City. The scope of Work and schedule shall be mutually agreed to between City staff and contractor before Work begins. Work under this category shall be planned and scheduled Monday through Friday between the hours of 8:00 am and 5:00 pm unless otherwise agreed to by the City.

Upon issuance of the task order for routine maintenance work and minor repairs, the 160
Agreement No.: 32400262
SP 4

Contractor is expected to commence the work within three (3) Working Days.

For maintenance and minor repair work that requires a permit, the Contractor shall file a building permit application with supporting documents to the Building and Engineering Division and obtain a permit. The City will either pay for permit fees in advance or reimburse the Contractor for permit costs. The City shall not pay mark -up costs, administrative charges, or any other charge beyond the permit costs. NOTE: Major non- routine or recurring repairs which may or may not require preparation of designs, drawings or plans for a permit are not allowed under this Agreement. This Agreement is limited to maintenance and minor repair work of a routine and recurring nature. All other plumbing work must be bid separately by the City.

1000-3 PAYMENT

All Work shall be pre -approved by a Task Order issued by the Project Manager prior to starting Work. The Task Order will include all materials, labor, and taxes. A separate invoice is required for each Task Order issued pursuant to the Contract. Contractor is required to itemize the number of hours it will take for completion of a Task Order. Material and equipment rentals will be reimbursed at cost (Contractor must include receipt of purchase with the invoice submitted to the City) plus 15% for material handling and Contract will be required to itemize the supplies cost within the Task Order. When requested, Contractor shall provide copies of receipts.

Contractor shall only invoice for time spent at the locations of service. The City shall not pay for time spent en route or traveling to acquire parts or supplies unless approved by the Project Manager and included in the Task Order.

To assist with payment processing and avoid payment delays, ALL invoices submitted for payment shall include reference information noted in Task Order. Including but not limited to:

- Invoice Number (Partial or Final Invoice)
- Project Name & Address
- Estimate # & Date
- Task Order # | Amount $ 000.00
- Project Manager
- Scope of Work Description

161
Agreement No.: 32400262
SP 5

Appendix A

City of Oxnard -Facility Location List

Adair and Clark Softball Fields - 7th & Hobson Way
Advance Water Purification Facility - 5700 Perkins Road Annex I (FIB) - 300 West Third Street
Beck Park Restroom Building - 600 West Kamala Street
Campus Park/ Gym - 937 West Fifth Street
Carnegie Art Museum - 424 South C Street
Civic Center- East and West Wings- 305 West Third Street Community Center West Buildings - 801 Hobson Way
Corporate Yard - 1060 Pacific Avenue
Del Norte Regional Recycling Center and
Transfer Station - 111 South Del Norte Blvd
Downtown Parking Structure - 324 South B Street
Fire Administration - 360 West Second Street
Oxnard Public Library - 251 South A Street
Oxnard Tennis Center - 801 Hobson Way
Police Annex - 3001 Sturgis Road
Public Safety Building - 251 South C Street
Service Center - 214 South C Street
South Oxnard Center - 200 East Bard Road
South Oxnard Library - 4300 Saviers Road
Southwinds Recreation Center - 300 West Clara Street
Wastewater Treatment Plant - 6001 Perkins Road
Water Yard Campus - 251 South Hayes Avenue
Wilson Senior Center - 350 South C Street

Durley Park Buildings:

Arts and Crafts Building (excluding snack bar) 950 West Hill St Day Care Building - 910 West Hill St
Meeting Room Building - 832 West Hill St
Youth Center Building - 850 West Hill St

Colonia Area Buildings:

Colonia Boxing Gym - 520 East First Street
Colonia Gymnasium Building - 195 North Marquita Street
Colonia Pool Building - 195 North Marquita Street
Colonia Youth Center Building - 195 North Marquita Street

Del Sol Park Stadium: 1500 Camino Del Sol Street Recreation Building (excluding snack bar, public restrooms and parks storage rooms)

162

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.6

DATE: April 16, 2024

TO: City Council

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

SUBJECT: Agreement No. 32400468 with Raftelis Financial Consulting Professional Services for an Annual Water Rate and Pass Through Analysis and Financial Plan Review.

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute Agreement No. 32400468, subject to approval of the final form of the agreement by the City Attorney, with Raftelis Financial Consulting (Raftelis) for a not to exceed amount of $49,730 through December 31, 2027, for professional services required for an Annual Water Rate and Pass Through Analysis and Financial Plan Review.

(This item did not originate in Committee as it is a continuation of Ordinance 3028 approved by the City Council on May 16, 2023.)

BACKGROUND

During the current fiscal year, the City has held three Professional Services Agreements for consulting services with Raftelis. The three agreements are as followed:
• The first Agreement (8562-19-PW) was issued on May 8, 2019, for Water Rate Study Consulting Services for a not-to-exceed amount of $160,442. A First Amendment was executed, which extended this contract to June 30, 2022. A Second Amendment extended this contract until its expiration date of December 31, 2023. • The second Agreement (9713-22-PW) was issued on August 1, 2022, for $60,000 to complete a comprehensive asset valuation of the waterway assets for Lift Station H, Lift Station 27, Channel Islands Boulevard Force Main and Victoria Gravity Sewer. This agreement expired on July 31, 2023. • The third Agreement (32300020) was issued on December 20, 2022, for $275,000, which is expiring on July 31, 2025. This agreement includes a rate study for the Wastewater and Environmental Resources Divisions.

Since Raftelis has had two existing Agreements and currently has an Agreement for the Wastewater and Environmental Resources Divisions, City Council approval is required for the new Agreement with the Water Division because this agreement exceeds the annual authorization and annual value stated in the City's purchasing policy, which requires City Council approval for any contractal transaction with a single vendor in excess of $200,000.00 per year.

DISCUSSION

The rising cost of imported water, tightening local groundwater supplies, increasing regulations, and expanded options for Oxnard’s water system were factors driving the need for a comprehensive financial review and plan to sustain the water utility into the future. Raftelis specializes in water rate analysis and completed the currently adopted 5-year water rate study, which had an effective date of July 1, 2023.

Ordinance No 3028 allows for a pass-through of costs to Oxnard’s water rate payers pursuant to Government Code 163
section 53756. The pass-through is a rate adjustment based upon future changes to the wholesale charges from water sold to the City of Oxnard by Calleguas Municipal Water District and United Water Conservation District. Changes to wholesale charges can result from inflation, additional cost of service, or pass-through charges the wholesaler is subject to as is the case of Calleguas Municipal Water District and the water it purchases from Metropolitan Water District. To do the pass-through calculation accurately, the assistant of the water rate model prepare, Raftelis, is needed.

The consultant’s product will include an annual summary, actual revenue & expenditures for completed fiscal years, and calculation of customer bill impacts of the proposed wholesale water rate pass-throughs.

Staff proceeded with a Negotiated Single Source (NSS) Agreement since Raftelis developed the current water rate model and has the technical and institutional knowledge necessary to make the appropriate calculations using the water rate model they prepared.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

The total amount of Agreement 32400468 with Raftelis Financial Consultants, Inc. shall not exceed $49,730 over the term of 3 years. The estimated spending for FY 2023-24 is $11,210 and will be funded from the Council-approved budget appropriations from the Water Division Fund (6013600-53200).

COMMITTEE OUTCOME

This item did not originate in Committee as it is a continuation of Ordinance 3028 approved by the City Council on May 16, 2023.

Prepared by: Timothy Beaman, Supervising Civil Engineer

ATTACHMENTS

1. 32400468 Raftelis

164
Agreement No. 32400468

CONSULTANT/PROFESSIONAL SERVICES AGREEMENT

BETWEEN
THE CITY OF OXNARD AND RAFTELIS FINANCIAL CONSULTANTS, INC.

By This CONSULTANT /Professional Services Agreement (“Agreement”), the CITY of Oxnard (“CITY”) agrees to engage the Services of Raftelis Financial Consultants, 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.”

1. [INTENTIONALLY OMITTED]

2. SUMMARY DESCRIPTION OF SERVICES

Negotiated Sole Source Agreement for three-year calculation of the wholesale water pass-through rate which recovers increases from wholesale water providers

3. PARTIES.

CITY of Oxnard (“CITY”), a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030

Raftelis Financial Consultants, Inc. (“CONSULTANT”), a corporation/LLC/LLP of the State of California, located at 455 S. Figueroa, St. #2270, Los Angeles, CA 90071

4. TERM OF AGREEMENT: From (Date): 04/01/2024 To (Date): 12/31/2027

4.1 Time is of the essence in this Agreement.

4.2 This Agreement does not have any options to extend.

4.3 [Intentionally Omitted]

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

5. AGREEMENT AMOUNT NOT TO EXCEED: $49,730.

6. AGREEMENT EXHIBITS.
165
Agreement No. 32400468

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-B Exhibit D: Living Wage Policy

7. 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: Omar Castro Name: Steve Gagnon
Title: Water Division Manager Title: Project Manager Phone: 805-385-8139 Phone: 213-262-9308
Email: [email protected] Email: [email protected] Mailing Address (if differs from above): Mailing Address (if differs from above):

8. CONTRACTUAL PREREQUISITES.

8.1 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.

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

8.3 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.

8.4 All proof of a CITY tax certificate , insurance, and W -9 forms is required prior to execution of this Agreement.

166
Agreement No. 32400468

8.5 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.

9. CONSULTANT'S SERVICES.

9.1 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 13 of this Agreement.

9.2 The Services shall be coordinat ed 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 Pr oject Manager in executing the Scope of Services under this Agreement.

10. COMPENSATION.

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 CONSULTANT an amount not to exceed the amount is listed i n Section 5 of this Agreement. Once this Agreement is executed, the Schedule of Compensation may only be modified by written Amendment pursuant to Section 1 3 of this Agreement, and may be subject to approval by the CITY Council.

11. 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.

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

11.2 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 167
Agreement No. 32400468

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.

11.3 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 CONSULTANT 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.

11.4 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.

12. OPTION TO EXTEND AGREEMENT.

When in the CITY ’s best interest, this Agreement may only be extended, if the CITY in its discretion exe rcises the option to extend pursuant to Section 4.2 and 4.3 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 sections 4.2 , then this Agreement shall not be extended.

13. 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 CITY Code, Sections 4-59 and 4-60.

14. TERMINATION OF AGREEMENT.

CITY may terminate this Agreement at any time, with or without cause and without penalty, upon fifteen (15) calendar days’ prior written notice pursuant to Section 22 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. 168
Agreement No. 32400468

15. [RESERVED]

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 state d 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, subconsultant s, 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 workers’ compensation insurance benefits. CONSULTANT shall not, at any time or in any manner, represent that it or any of its agents, subconsultants , or employees are in any manner agents, s subconsultants, or employees of CITY.

17. LAWFUL PERFORMANCE.

CONSULTANT shall abide by all federal, state, and local laws and r egulations 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.

CONSULTANT shall not perform any Services for the CITY when the CONSULTANT is impaired by alcohol or a controlled substance. When there is reasonable ca use 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 169
Agreement No. 32400468

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. STANDARD OF PERFORMANCE; WARRANTY.

19.1 CONSULTANT agrees to perform all Services required by this Agreement in a professional and competent manner, in accordance with the degree of skill and diligence which is normally employed by reputable professionals performing similar Services under similar conditions in the same locality and as of the time the Services are provided. Such Services shall a lso be performed in a manner which is reasonably satisfactory to CITY PROJECT MANAGER, or designee (hereinafter the “Project Manager”), provided that discretion in determining what is satisfactory shall not alter the foregoing standard of care. In performing the Services, CONSULTANT may rely on all data and information provided by or on behalf of CITY

19.2 In accordance with the standard of care set forth in the first sentence of Section 19.1, the CONSULTANT agrees that it:
(1) Has thoroughly reviewed and considered the Services and work to be performed;
(2) Has reviewed the issues regarding the Scope of Services to be provided; (3) Has carefully considered how the Services and related work should be performed; and
(4) Fully understands the facilities, difficulties and restrictions associated with performance of the Services required by this Agreement.

20. 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.

20.1. Records and Inspections. The CONSULTANT shall maintain full and accurate records, with respect to all Services and matters covered under this Agreement. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The CITY shall have free access at all reasonable times to such records, both hard copy and 170
Agreement No. 32400468

electronic, and the right to examine and audit the same, and to inspect all program data, documents, proceedings, and activities.

20.2. Deliverables. CONSULTANT shall deliver to the CITY the studies, plans, specifications, or other documents , in each case as 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.

20.3. Ownership – Generally. Nothing in this Agreement shall be deemed or construed as a waiver, release, transfer, assignment or divestiture by CONSULTANT of any of its intellectual property, know -how or trade secrets.

CONSULTANT agrees that CITY may make modifications to computer software furnished by CONSULTANT; provided, that any such modifications, alterations or use other than as intended shall be at the sole risk of CITY.

20.4. 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.

20.5. Confidentiality. Information that is exempt from disclosure to the public is confidential. This includes information relating to the past, present, or fut ure 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 (G overnment Code Section 7920.505) and may contain “trade secrets” (see Government Code Section 7924.510(f)) 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 7920.515.

20.6. 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 , unless disclosure is compelled by legal process.

171
Agreement No. 32400468

20.7. 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.

21. NOTICE OF BREACH AND OPPORTUNITY TO CURE.

Neither Party will be in breach of this Agreement where the breach is capable of being cured, or until written notice of the breach is received from the non- breaching Party. The Party charged with breach will have fifteen (15) calendar days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfac tion of the other Party within fifteen (15) days from the date on which the breaching Party received notice of breach, the non- breaching Party may terminate this Agreement. Notice shall be given in the manner set forth in section

22. 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 7. When addressed in accordance with this Section, such noti ce 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 giv en by giving notice in the manner prescribed in this Section.

23. INDEMNIFICATION, HOLD HARMLESS & DEFENSE.

23.1 Except as set forth in Subsection 23.3 of this Section 23, CONSULTANT shall indemnify, and hold harmless the CITY, its officers, employees and representatives, (but not including the CITY’s construction contractors or other CONSULTANTS) (the “CITY Indemnit ees”), 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 (coll ectively “Claims”) to the extent caused by 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 Indemnit ees.

23.2 In no event shall CONSULTANT have any obligation to indemnify CITY or any other CITY Indemnitee against liability for claims by a third party for failure 172
Agreement No. 32400468

to comply with its obligations under Article XIII D of the California Constitution (Proposition 218).

23.3 The provisions of this Subsection 23.3 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.

23.3.1 Notwithstanding the provisions of Subsection 23.1 and 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 and hold harmless the CITY Indemnitees shall be limited to the extent of the negligence, recklessness, or willful misconduct of the CONSULTANT, its officers, agents, employees or subconsultants in t he performance of the Services described in this Agreement.

23.3.2 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.

23.4 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 provisions of Section 23, 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.

23.5 The obligation to indemnify, 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.

23.6 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 173
Agreement No. 32400468

to CITY any reimbursement or indemnification arising under this Section.

24. 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 ref erence, 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 Servi ces 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 insur ance coverages or to provide renewal evidence shall be considered a material breach of this Agreement.

25. LIVING WAGE REQUIREMENTS.

During the term of this Agreement, CONSULTANT understands and agrees that if Living Wages are applicable, subject to the 2002 Oxnard CITY Council Living Wag e Policy, attached as “Exhibit E” 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.

26. PREVAILING WAGE REQUIREMENTS.

26.1. Application. The payment of State prevailing wages as designated for Ventura County shall apply to public works projects. However, this section shall not apply to work performed on a public works project of twenty -five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work; or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work. Prevailing wages are required to be paid to all workers, including subcontracted employees . For further information regarding Prevailing Wage Requirements please refer to Exhibit “F” attached to this Agreement.

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

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

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

174
Agreement No. 32400468

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

27. [RESERVED]

28. 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 t he 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 empl oyed 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.

29. SUBCONTRACTING.

If CONSULTANT requires th e 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 subcontractors shall be identified in the S cope of W ork 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.

30. DISPUTES.

Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this Agreement , shall be decided by the CITY ’s Designated Representative, who shall reduce this decision to writ ing 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 diligently with the performance of the Agreement and in accordance with the decision of the CITY’s Designated Representative.

175
Agreement No. 32400468

31. DISPUTE RESOLUTION.

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

32. 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 p rior written approval of CITY , by and through the CITY’s Designated Representative.

33. CARE OF WORK

Should CONSULTANT discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by the CITY , CONSULTANT shall immediately inform the CITY of such fact and shall not provide any Services, except at CONSULTANT'S risk, until written instructions are received from the Project Manager.

34. REPORTS

Upon request by the Project Manager or as otherwise required by this Agreement, including but not limited to, the Scope of Services set forth in Exhibit “A”, CONSULTANT shall prepare and submit reports to the CITY concerning CONSULTANT's performance of the Services required by this Agreement.

35. 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 176
Agreement No. 32400468

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 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 inc lude 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.

36. 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.

37. 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 i nformation, 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.

38. 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.

39. 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 177
Agreement No. 32400468

subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.

40. 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.

41. 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.

42. SEVERABILITY.

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

43. 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.

44. 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.

45. 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 178
Agreement No. 32400468

represents that the Designated Representative has the authority to bind each Party to the performance of its obligations hereunder.

46. 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 au thorized 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.

47. 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.

48. 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.

49. ACKNOWLEDGEMENT.

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

[Signatures on next page]

179
Agreement No. 32400468

IN WITNESS WHEREOF, the Parties have entered into this Agreement effective on the date as written in Section 4 and upon signature of all Parties.

CITY OF OXNARD RAFTELIS FINANCIAL
CONSULTANTS, INC.

☐John C. Zaragoza, Mayor1 Date Peiffer Brandt, CEO Date ☐Jennifer Yates, Purchasing Manager2

Christine McIntyre, Date
Corporate Secretary3

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:
● 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.

180
Agreement No. 32400468

EXHIBIT A

CONSULTANT/PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and RAFTELIS FINANCIAL CONSULTANTS, INC)

SCOPE OF SERVICES

Omar Castro / 805-385-8139 / [email protected]

Project Management

Consultant shall address the management and administrative responsibilities associated with project initiation, schedule, budget control, monthly invoicing and progress report preparation, internal team coordination, and coordination with the City.

Assistance with Pass-Through Rate Calculation

Provide assistance to City Staff regarding the preparation of the “pass through adjustment” fee, including but not limited to preparing the pass through fee, preparing the data required to make the pass through calculation, prepare the appropriate fee or rate incre ase or decrease arising out of the price increase or decrease for wholesale water purchases by the City wholesale water providers, allowing the City to pass through those increased costs.

Financial Plan Review

Conduct a yearly review of the water division and water rate financial plan for potable and recycled water.

Model Update

Provide an updated financial model to reflect updates within the Water Enterprise Fund. Remove funds from the model that are no longer used by th e City. Provide the City with an updated and simplified rate model.

Capital Improvement Plan (CIP)

Update CIP portion of the financial model to include all funding sources available for CIP, including, but not limited to, WIFIA Loans and all funds available to the Water Division

Water/Recycled Water Cost Updates

Input actual expenses, current budges, updated reserve balances, review actual water volume sold versus planned water sales (excluding processing water use by account to calculate water sold by class and tier) and review results with staff in three meetings.

181
Agreement No. 32400468

Invoicing/Billing

Monthly invoicing shall included a transmittal letter summarizing the budget, schedule; work completed to date and anticipated work in the upcoming month.

182
Agreement No. 32400468

EXHIBIT B

CONSULTANT/PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and RAFTELIS FINANCIAL CONSULTANTS, INC)

SCHEDULE OF COMPENSATION

City of Oxnard Pass-Through and Financial Plan Review

Number
of Virtual
Meetings

CORP

Total

Total Fees &
Expenses
3 23

27 50 $14,720

6 14

20 $5,440
3 17

19 36 $10,660

3 25

42 67

$18,910
9 71 0 102 0 173
$360 $285 $220 $80
$25,560 $0 $22,440 $0 $48,000
Total Fees $48,000
Total Expenses $1,730

Total Fees & Expenses

$49,730

Tasks

1. Calculate Pass-Through

2. One Time Model Revision to Reflect New
Rate Structure and Funds (603 to 608)

3. Input Revised CIP

4. Input Actual Expenses, Future Budget,
Updated Reserve Balances and Review
Results with Staff
PD - Project Director, Sudhir Pardiwala, PE
PM - Project Manager, Steve Gagnon, PE (AZ)
TR - Technical Reviewer, Theresa Jurotich, PE,
PMP
SC - Staff Consultants
CORP - Corporate Functions

183
Agreement No. 32400468

EXHIBIT C

CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and RAFTELIS FINANCIAL CONSULTANTS, INC)

INSURANCE REQUIREMENTS

Prior to contract approval, CONSULTANT /CONSULTANT/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.

INSURANCE REQUIREMENTS FOR CONSULTANTS
(WITHOUT ERRORS AND OMISSIONS REQUIREMENT)

1. Consultant shall obtain and maintain during the performance of any services under this Agreement the following insurance agai nst claims for injuries to persons or damages to property which may arise from or in connection with the performance of services he reunder by Consultant, its agents, representatives, employees or subconsultants.

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. 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 affecting coverage required by this Exhibit INS -B. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certifica tes 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 t he Risk Manager before work commences. City reserves the right to require complete certified copies of all required insurance policies at any time.

The certificates of insurance and endorsements shall be sent via email. If you have not received your request or are having d ifficulty 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 by either party, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endors ement 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 ins urance policies shall be endorsed to name City as additional insured 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, em ployees and volunteers. The General liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-B or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available. CG 2010 with an edition date prior to 01/04 and CG 2037).

5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City 184
Agreement No. 32400468

Council, officers, employees and volunteers. The insurance shall ap ply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

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

INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS

Certificates of Insurance

Endorsement Forms

Substitute forms will be accepted, however, as long as they include provisions comparable to the attached.

INS-B.doc
185
Agreement No. 32400468
Exhibit INS-B

Page 3 ends

Oxnard City CouncilApril 16, 2024

Oxnard City Council
April 16, 2024