Agenda packet — Public Works & Transportation Committee, May 14, 2024 (part 2 of 3)

QUESTIONS
27 278

PUBLIC WORKS AND TRANSPORTATION COMMITTEE

AGENDA REPORT

REPORTS
AGENDA ITEM NO. D.3

DATE: May 14, 2024

TO: Public Works and Transportation Committee

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

SUBJECT: Senate Bill 1 (SB1) Local Streets and Road Maintenance and Rehabilitation Account (RMRA) Project List for Fiscal Year 2024-25. (10 minutes)

RECOMMENDATION

That the Public Works and Transportation Committee recommend that the City Council adopt a resolution to:

1. Adopt the Fiscal Year 2024-25 project list of Senate Bill 1 (SB1) proposed projects that will be funded in part or solely with Road Maintenance and Rehabilitation Account revenues; and

2. Authorize the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of the resolution.

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

BACKGROUND

In 2017, the Governor approved Senate Bill 1 (SB 1) creating the Local Streets and Roads Program, which included the Road Maintenance and Rehabilitation Account (RMRA). The purpose of this funding is to provide an estimated $52.4 billion in revenue Statewide over ten years.

State Reporting Guidelines as described in Streets and Highways Code 2034(a)(1) require that local jurisdictions provide the California Transportation Commission (CTC) with an annual resolution identifying projects that may utilize RMRA. The Resolution should include the project title, description, location, schedule, and estimated useful life for each project. The resolution must also include projects previously listed that may continue to utilize prior RMRA in Fiscal Year 2024-25. At year-end, the City will submit the annual reporting of expenditures, including additions or omissions to prior project lists, which is allowable through the CTC and State Guidelines.

Since RMRA began, the City has completed resurfacing projects utilizing RMRA. For example, Auto Center Commercial Neighborhood, Vineyard Avenue Resurfacing, Fremont North Resurfacing, Bryce Canyon Resurfacing and Citywide Thin Maintenance Overlay Phase II have all been completed using RMRA.

Capital Improvement Program (CIP) Reference:

Project No. C2209 – Neighborhood Street Resurfacing CIP 2022-2027 – Adopted May 3, 2022 – Page 62.

Project No. C2205 - Arterial Street Resurfacing CIP 2022-2027 - Adopted May 3, 2022 - Page 47. 279

DISCUSSION

Staff recommends that the City Council adopt a Resolution proposing the projects listed below to use RMRA (Fund 185) funding. These projects include both operational and CIP projects and are anticipated to expend from $5.1M of new FY 2024-25 funding, as well as any unspent, previously allocated, RMRA funding:

Operational Projects:
• Public Works Road & Signal Maintenance - Provides as-needed ongoing maintenance for all City streets and traffic signal infrastructure by utilizing Public Works Streets Division Staff and Traffic Signal Operations Staff.
• Annual Pavement System Upgrade - Ongoing planning project that uses a pavement management system to identify streets for potential repair and resurfacing. This effort is described in detail below.

CIP Projects:
• Neighborhood Street Resurfacing - CIP Project
• Arterial Street Resurfacing - CIP Project

The Arterial Street and Neighborhood Street Resurfacing projects recommended for RMRA use were selected based on the methodology described below. A Project Map showing the street locations is attached.

The City maintains approximately 1,037 lane miles of streets. Consultants have performed street inspections on a three-year rotation with a third of residential and collector streets inspected each year and 100% of arterial roads receiving annual inspections. These are referred to as Rotations A, B, & C.

The Annual Pavement System Upgrade project provides funding for the City’s street resurfacing consultant, Pavement Engineering Inc. (PEI), who uses a Pavement Management System (PMS) to assist with tracking inventory, storing work history and furnishing budget estimates to optimize funding for improving the City’s pavement system using a software program called StreetSaver. The PMS also helps the City identify candidate streets for potential repair and maintenance and what sort of repair will be necessary. PEI uses a variety of measurements to determine the Pavement Condition Index, or PCI, of each road segment.

These measurements include:

1. How many cracks there are in a mile of pavement

2. How deep and long those cracks are

3. What the crack pattern is

4. What percentage of a road segment displays deficiencies

Crack/deficiency patterns include:

1. Alligator cracking

2. Block cracking

3. Longitudinal cracking

4. Transverse cracking

5. Distortions

6. Utility cuts/patches
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7. Rutting/depressions

8. Weathering

The patterns and the percentage of roadway segments affected are entered into StreetSaver and a PCI is generated. Engineers at PEI use that information to determine the most cost-effective repair strategy. PEI will take the cost and the life expectancy of the repair to determine the annual maintenance cost. This is the critical part, allocating the proper resources necessary annually for road maintenance.

Another critical factor is when the roadway should be paved. Incorrectly timed repairs can lead to additional repairs due to deferred maintenance. There is a point on each road segment where the right timing matches up with the appropriate repair method to create a cost-effective pavement repair. Public Works staff then takes this information and considers how the timing of street repairs matches up with the timing of pipe replacement needs, and how the streets can be grouped in a way that maximizes cost-effectiveness and efficiency. This analysis is used to create the City’s Pavement Management Program, which is the method used to select projects to use RMRA funding (see the attached staff report from April 2, 2024 (Attachment 4), with additional information about the City’s pavement management program).

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

None. The recommended action and resolution fulfills State requirements and does not appropriate funds through this item. Actual funding will be requested and appropriated during the budgeting process for FY 2024-

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

ATTACHMENTS

1. RMRA Resolution

2. RMRA_Street List

3. RMRA_Project Map

4. 2024-04-02 Citywide Pavement Management Program Overview Agenda Report

5. Presentation

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CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.

RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City, will receive an estimated $5,160,673 in RMRA funding in Fiscal Year 2024-25 from SB 1; and
WHEREAS, this is the eighth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a public process to ensure public input into our community’s transportation priorities (the project list); and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate multiple streets/roads, throughout the City this year and multiple similar projects into the future; and WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City streets and roads are in an at-risk condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a good condition; and
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Resolution No.

LIST OF PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY SB 1 Page No. 2

WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Oxnard, as follows:

1. The foregoing recitals are true and correct.

2. The following previously proposed and adopted projects may also utilize Fiscal Year 2024-25 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:

Project
Title
Project
Description

Project Location
Estimated
Project
Schedule
Estimated
useful life
Neighborhood
Street
Resurfacing
Street overlay,
ADA
improvement,
concrete work,
traffic striping.

Streets are in the following
Neighborhoods: Bartolo Square
South, Kamala Park
Neighborhood and La Colonia
Neighborhood, Residential
Resurfacing - Ph II - street list is
attached, highlighted streets
include Ninth Street, K Street,
West Third Street and West First
Street
7/24-6/25 15 years
Arterial Street
Resurfacing
Street overlay,
ADA
improvement,
concrete work,
traffic striping.

Streets include E Gonzales Road
from Oxnard Blvd. to Rice
Avenue; W Gonzales Road from
Victoria Avenue to Oxnard
Blvd.; Hueneme Road from J
Street to Edison Drive and
Oxnard Blvd. from Gonzales
Road to Roberts Avenue.
7/24-6/25 15 years
Public Works
Road & Signal
Maintenance
City Staff provide
ongoing
maintenance to
roadways and
traffic signals
Citywide
All Citywide streets are included
in this operational project, which
provides as-needed and on-going
maintenance for all City street
and traffic signal infrastructure.

City streets and intersections may
7/24-6/25 7 years
283
Resolution No.

LIST OF PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY SB 1 Page No. 3
include Channel Islands Blvd.,
Fifth Street, Gonzales Road,
Oxnard Blvd., Pleasant Valley
Road, Rice Avenue, Rose
Avenue, Saviers Road, Ventura
Road and Wooley Road. The
locations identified are subject to
change.

Annual
Pavement
System
Upgrade
Inspection of City
Streets,
updating the
Pavement
Management
System to
develop a Streets
Master Plan
All Citywide streets are included
in this planning project such as
Channel Islands Blvd., Fifth
Street, Gonzales Road, Oxnard
Blvd., Pleasant Valley Road,
Rice Avenue, Rose Avenue,
Saviers Road, Ventura Road and
Wooley Road. The locations
identified are subject to change.
7/24-6/25 3 years

3. The City Council authorizes the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution.

PASSED AND ADOPTED this 4th day of June, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN

__________________________
John C. Zaragoza, Mayor
ATTEST:
_____________________________
Rose Chaparro, City Clerk

APPROVED AS TO FORM:
_____________________________
Stephen Fischer, City Attorney
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City of Oxnard Project Location List Locations identified are subject to change NEIGHBORHOOD STREET RESURFACING – CIP Project
Bartolo Square South Neighborhood

STREET NAME: FROM: TO:

IRIS ST VENTURA RD J ST

JACKSON ST KAMALA ST CHANNEL ISLAND BLVD

JUNIPER ST VENTURA RD J ST

K ST HEMLOCK ST W IRIS ST

K ST KAMALA ST CHANNEL ISLAND BLVD

KAMALA ST VENTURA RD J ST

L ST KAMALA ST LAUREL ST

LAUREL ST M ST K ST

M ST HEMLOCK ST CHANNEL ISLAND BLVD
MANZANITA DR N. END CUL-DE-SAC CHANNEL ISLAND BLVD

Kamala Park Neighborhood

STREET NAME: FROM: TO:

E ST HILL ST CEDAR ST

ELM CT W END G ST

B ST CEDAR ST ELM ST

BIRCH ST C ST SAVIERS RD

CEDAR CT C ST S B ST

CEDAR CT

W END
G ST
G ST
D ST

D ST WOLFF ST S END

G ST WOOLEY RD HILL ST

G ST HILL ST J ST

GUAVA ST

VALLEY PARK DR
S G ST

SAVIERS RD
E ST

HILL ST S J ST SAVIERS RD

H ST WOOLEY RD HILL ST

I ST WOOLEY RD HILL ST

IRIS ST D ST SAVIERS RD

JUNIPER ST C ST E END

KAMALA ST

COACH C LN

J ST
C ST

C ST

SAVIERS ST

LINDEN DR J ST C ST

MAYWOOD WY C ST LINDEN RD

MAYWOOD WY LINDEN RD CHANNEL ISLAND BL

VALLEY PARK DR BIRCH ST JUNIPER ST

WOLFF ST I ST C ST

WOLFF ST W END C ST

WOLFF ST C ST SAVIERS RD
285
La Colonia Neighborhood Street

STREET NAME: FROM: TO:

COLONIA RD OXNARD BLVD JUANITA AVE

COOPER RD OXNARD BLVD JUANITA AVE

N HARISON AVE COLONIA RD S END

N HAYES AVE

S HAYES AVE

COLONIA RD
251 S HAYES AVE

COOPER RD

E THIRD ST

N GRANT AVE COLONIA RD COOPER RD

N GARFIELD AVE COLONIA RD COOPER RD

N ROSEVELT AVE COLONIA RD COOPER RD

N MCKINLEY AVE COLONIA RD COOPER RD

N BONITA AVE COLONIA RD COOPER RD

N ANITA AVE COLONIA RD COOPER RD

FELICIA CT N MARQITA CT N MARQITA CT

E FIRST ST N HARISON AVE S JUANITA AVE

E FIRST ST S JUANITA AVE ROSE AVE

N BONITA AVE

S BONITA AVE

COLONIA RD

E FIRST ST

E THIRD ST

HARDING AVE E FIRST ST E THIRD ST

S JUANITA AVE COLONIA RD E THIRD ST

NAVARO ST

MORRIS ST

FIRST ST

CAMPTON DR

E THIRD ST

SARITA DR

S COMPTON DR FIRST ST E THIRD ST

SARITA DR FIRST ST E SECOND ST

E SECOND ST WILSON AVE SARITA DR

CRAWFORD ST

SARITA DR

COMPTON ST

CRAWFORD ST

SARITA DR

SECOND ST

Residential Resurfacing – Phase II – Various Streets

STREET NAME: FROM: TO:

NINTH ST S C ST OXNARD BLVD

K ST W SECOND ST W FIFTH ST

W THIRD ST
W 1ST ST
W END
S C ST
S K ST

OXNARD BLVD

ARTERIAL STREET RESURFACING – CIP Project

STREET NAME: FROM: TO:

E GONZALES ROAD OXNARD BLVD RICE AVE

W GONZALES ROAD VICTORIA AVE OXNARD BLVD

HUENEME RD

OXNARD BLVD

N VENTURA RD

W FIFTH ST

DEL NORTE

J ST GONZALES

GONZALES RD

W FIFTH ST

N VENTURA RD

STURGIS DR

EDISON DR

ROBERT AVE

OXNARD BLVD

E FIFTH ST

286

ANNUAL PAVEMENT SYSTEM UPGRADE - Operational
All Citywide streets are included in this planning project including:

CHANNEL ISLANDS BOULEVARD

FIFTH STREET

GONZALES ROAD

OXNARD BOULEVARD

PLEASANT VALLEY ROAD

RICE AVENUE

ROSE AVENUE

SAVIERS ROAD

VENTURA ROAD

WOOLEY ROAD

287
0 1 20.5 mi
N

A
Arterial Street Resurfacing
(Previously Adopted)
Arterial Street Resurfacing
(New Locations)

Neighborhood Street Resurfacing
(Previously Adopted)
Residential Resurfacing - Phase II - Various Streets
(New Locations)
LEGEND
�,_!f __ �/--"-�--��---------------

OXNARD RMRA PROJECT LOCATION MAP
Public Works Department - Engineering Division

288

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. K.2

DATE: April 2, 2024

TO: City Council

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

SUBJECT: Citywide Pavement Management Program Overview. (20 minutes)

RECOMMENDATION

That the City Council receive and file a report on the Citywide Pavement Management Program Overview.

(Public Works & Transportation Committee approved 3-0 on March 12, 2024.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/gJqiE9RCOlg

BACKGROUND

Oxnard’s streets and alleyways are among its most valuable assets, with a present replacement value of approximately $988.9M. Because of this high value, combined with the need to address continuous pavement wear and degradation, it is imperative to perform corrective and preventive maintenance via a strategic multi-year, multi-phase plan. This plan is implemented through individual construction projects utilizing a “toolbox” of paving methods. Such treatments generally include removal and replacement (R&R), cold milling with asphalt concrete (A/C) overlays, portland cement concrete (PCC) patching and reconstruction, and sealing (crack, slurry, cape, and micro-surfacing). Seals are typically seen as preventive maintenance (also commonly termed pavement preservation) techniques, as they do not add structural capacity to the existing pavement.

The City currently owns and maintains approximately 440.5 total centerline miles across all functional street classifications, as follows:
• Arterial and Collector – 128.6 centerline miles
• Residential – 246.8 lane miles centerline miles
• Alley – 65.1 centerline miles

This equates to a total of 95,450,658 square feet of pavement in the City’s network, as calculated by the City’s pavement management software, StreetSaver. This application, sourced from and managed by the Metropolitan Transportation Commission (MTC), is a planning tool used to monitor, analyze, and forecast Oxnard’s overall Pavement Management Program (PMP) and is critical to establishing a proper, phased multi-year paving cycle. Projections and computations regarding change in pavement condition versus annual funding investment are typically made over a 10-year span; for budget planning and capital project programming purposes, staff develops a phased paving project plan based on a rolling 5-year horizon, termed the Citywide Pavement Management Program.

It should be noted that the current lawsuit against the City filed by Aaron Starr and his political corporation “Moving Oxnard Forward” precludes the use of lease revenue bonds for funding pavement projects. Such bonding, commonly used for high-cost projects like street paving, is a financing mechanism traditionally used by all American cities, counties, 289
and states, that provide for funding consistency and predictability necessary for the development of a strategic, multi-year paving program. A funding source like this allows for both corrective and preventive paving work to be planned and executed predictably, with the goal of stretching the limited available funding as far as possible.

DISCUSSION

The key pavement health metric used by Oxnard is the Pavement Condition Index (PCI), which provides a snapshot of the pavement health of a road through a surface condition-based visual analysis algorithm. It is reported on a scale of 0 to 100 (0 being worst, 100 best). Oxnard’s PCI assessments are made yearly by a contracted pavement engineering consultant. According to the most recent PMP report (utilizing inspections from 2023), the average PCI of the City’s entire road network is 67; broken into roadway functional classifications, this equates to PCIs of 73 for Arterials, 69 for Collectors, 68 for Residential, and 29 for Alleys.

The Citywide Pavement Management Program is a planning and project programming roadmap for Oxnard’s paving needs over a rolling multi-year horizon, and is further broken down into project phases. Each phase is a collection of street locations that is determined by prioritization (explained below), anticipated budget, grouping of locations for construction efficiency, and other technical factors. The phases are implemented mainly through three discrete projects within the present Capital Improvement Program (CIP). Projects are separated into alleys, residential streets, and arterial streets as discussed in more detail below.

Planning over a multi-year horizon is critical for budgeting resources – both staff and financial. Adopting a capital pavement program allows Engineering staff to schedule projects according to anticipated revenues and staff workload capacity. This also makes the Council’s priorities clear to staff as grant opportunities arise that may be applicable to the planned projects.

Being a multi-year funding roadmap, there is flexibility such that new projects or street segments could be added as unforeseen year-to-year circumstances arise such as funding amounts, materials costs, accelerated pavement degradation, etc.

Prioritization

Since there are more needs than funding or staff resources to meet those needs, projects must be prioritized. A further consideration for prioritization is moving the overall pavement condition forward toward “good” (generally considered a PCI value of at least 70) and, once there, maintaining at least that level over time. City staff has developed a methodology for prioritizing and programming paving projects to meet these constraints. Generally, projects are divided into three subcategories, namely residential streets, arterial streets, and alleyways; these generally correspond with the three named paving projects in the CIP. Each subcategory has somewhat different prioritization parameters, as follows:

Project priorities for residential streets are determined by:

The average PCI and the number of lane miles are calculated for each neighborhood (Only for poor-condition streets, i.e. PCI<55). High priority is given to neighborhoods with low average Pavement Condition Index (PCI), a high number of lane miles, and a high concentration of pothole repair work.

Project priorities for arterial streets are determined by,

Average PCI and Average Daily Traffic (ADT), representing the number of vehicles using the street each day are calculated for each arterial project. High priority is given to arterial streets with low PCI, high ADT, and high number of pothole repairs.

Project priorities for alleys are determined by:

Low PCI, high population density, schools, parks, businesses, and the number of potholes repaired.

A high priority is given to alleys with low PCI, high pothole repair count, high population density, and close proximity to schools, parks, and businesses.
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A special case exists for the above prioritization system, namely locations where there are aging, buried cast iron pipes that are historically troublesome and prone to failure. These tend to be located in alleyways, and in these places the pipe ideally should be removed and replaced before the paving work occurs. For the present multi-phase paving plan, a number of the project locations (see attachments) for the first two phases recommend the replacement of cast iron pipe ahead of the paving work. To accomplish this, funding will need to be identified and programmed separately for the CIP project titled “Water Distribution: Neighborhood Street Cast Iron Pipe Replacement”.

A high degree of weight will be placed on locations requiring a significant amount of pothole repair work. The City’s pothole repair team is the same staff that does sidewalk repair, curb/gutter repair, street sign maintenance and repair, street striping, right-of-way clean-up, etc. Pothole repair work is temporary, costly, and requires dedicated resources (i.e. staffing and equipment) for little long-term benefit. As such, the more street segments with a high pothole repair need that can be addressed with long-term corrective/preventive paving work, the better the Public Works team can leverage its limited resources. As mentioned above, there are a range of pavement treatments available, and a “mix of fixes” is usually the ideal way to proceed with a given year’s paving project. Staff has determined that, for this present multi- phase plan, the most effective paving budget split will be approximately 80% for rehabilitation (A/C mill-and-overlays, PCC concrete) and 20% for preventive maintenance (also called pavement preservation, such as slurry seals, cape seals, and micro-surfacing). Over time, as the City’s overall PCI goes up, this split will change to reflect less of a “worst first” approach that prioritizes rehabilitation, to one of “keeping good pavements good” that emphasizes maintenance and preservation.

The concept of “mix of fixes” is important to elaborate on since at first glance it may seem counter-intuitive. It is easy to think that the best way to address paving work is to fix the worst street segments (that is, streets with the lowest PCI) first. However, that approach is flawed for two general reasons. First, the degradation of asphalt concrete is not linear. As PCI scores approach around 70-65 or less, asphalt concrete degrades exponentially. Second, the cost to do corrective work such as R&R and mill-and-overlay (generally used when the PCI is less than 65-70) is 6-10 times more than the cost to do preventive/preservation work such as seals and microsurfacing (normally used where the PCI is greater than 70). Said another way, if the worst streets are the only ones done in each phase, then the streets with higher PCIs will continue to degrade untreated down past a PCI of 70, and cost 6-10 times more to fix in the future. Therefore, it’s imperative to maximize the use of pavement preservation techniques in every phase; this approach results in the least-cost per square foot, and stretches the limited amount of funding for maximum benefit. This is why Public Works staff will make recommendations to conduct paving work on several street segments in each phase with higher PCIs than other streets that have lower PCIs.

Pavement Maintenance Program Phasing

A traditional pavement management program (PMP) is separated by fiscal years to include the identification of the total amount of paving work (e.g. street segments) that can be done in each fiscal year with the known or required funding amount. However, with the Aaron Starr lawsuit, bonding is not currently available to Oxnard. The City prevailed in the lawsuit at the trial court level, but Aaron Starr immediately filed an appeal. The appeal process could take a year for the case to be briefed and argued, and for the court to issue a ruling. As such, planning for street paving work must be modified until such time the lawsuit process is complete.

The City’s 2023 pavement management report indicates that $19.4M dollars (hard construction costs) should be spent each fiscal year to maintain the current PCI. When adding in the soft costs (design, inspection, material testing, etc) the estimated total amount per year is $23.3M dollars. However, with bond funding unavailable, the long-term planning for pavement rehabilitation and maintenance is hampered. The amount of new annual Gas Tax for CIP paving projects, in addition to the anticipated Measure O funding for alley work, amounts to $6.25M for next Fiscal Year instead of the $23.3M per year to maintain the current PCI. Therefore, Public Works has organized the PMP into phases rather than fiscal years. Using a phased approach allows for the flexibility to adjust funding amounts (higher or lower) to avoid unrealistic expectations from the public about when streets will be paved. It should be noted that any funds remaining once current paving construction projects are completed will be carried over to next fiscal year and can be used for Phase 1 work.

STRATEGIC PRIORITIES

291
This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.

FINANCIAL IMPACT

There is no direct financial impact to receive and file this report and provide input. Depending on input and direction from the City Council during the annual Operating and CIP budget process, there are several issues to address. Presently, due to the City’s current inability to bond for projects resulting from the Aaron Starr lawsuit, the new funding specifically available for street paving for next Fiscal Year is solely from gas tax and anticipated Measure O revenue in the amount of approximately $6.25M. With this amount, the City can pave only one residential street project and a few alleyways identified in Phase 1. Should there be an opportunity to provide more funding, additional streets from Phase 1 may be included in this year’s project scope.

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 3-0 on March 12, 2024 to approve the staff recommendation and to forward the item to the City Council as a receive and file report.

Prepared by: Morgan Kessler, City Engineer

ATTACHMENTS

1. Proposed Arterial Street Construction Projects Phase I & Phase II

2. Proposed Arterial Street Construction Projects Phase III, Phase IV and Phase V

3. Proposed Alley Construction Projects Phase I and Phase II

4. Proposed Alley Construction Projects Phase III, Phase IV and Phase V

5. Proposed Residential Street Construction Projects Phase I & Phase II

6. Proposed Residential Street Construction Projects Phase III, Phase IV and Phase V

7. Presentation

292
SENATE BILL (SB1) ROAD MAINTENANCE

REHABILITATION ACCOUNT (RMRA)
PROJECT LIST FOR FISCAL YEAR 2024-25
Public Works and Transportation Committee
May 14, 2024
City Council
June 4, 2024
Morgan Kessler, City Engineer
293
FOR PUBLIC WORKS AND TRANSPORTATION COMMITTEE:

That the Public Works and Transportation Committee recommend that the City Council adopt a resolution to:

1. Adopt the Fiscal Year 2024-25 project list of Senate Bill 1 (SB1) proposed projects that will be funded in part or solely with Road Maintenance and Rehabilitation Account revenues; and

2. Authorize the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of the resolution.

RECOMMENDATION 2
294
FOR CITY COUNCIL:

That the City Council adopt a resolution to:

1. Adopt the Fiscal Year 2024-25 project list of Senate Bill 1 (SB1) proposed projects that will be funded in part or solely with Road Maintenance and Rehabilitation Account revenues; and

2. Authorize the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of the resolution.

RECOMMENDATION 3
295
BACKGROUND 4
April 2017 - Governor signed Senate Bill 1
(SB1) also known as the Road Repair and
Accountability Act of 2017.
● SB1 increases fuel taxes and vehicle registration to provide the State an estimated $5.4 billion annually to fix roadways. ● SB1 is distributed through several programs including the Roadway Maintenance and Rehabilitation Account (RMRA).
296
BACKGROUND 5
● RMRA Provides City with funding on a per-capita basis ● Use is restricted to road maintenance and rehabilitation when the Citywide pavement condition index (PCI) is below 79 ● PCI since RMRA funding began:
2017 - PCI 61
2018 - PCI 62
2019 - PCI 61
2020 - PCI 63
2021 - PCI 65
2022 - PCI 66
2023 - PCI 67
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DISCUSSION 6
● California Transportation Commission (CTC) requires
agencies adopt a Resolution listing projects utilizing RMRA. ● Staff recommends the following listed projects to expend $5.1m of new FY 2024-25 funding, as well as any unspent, previously allocated, RMRA funding:

Operational Projects:
● Public Works Road & Signal Maintenance*
● Annual Pavement System Upgrade*
CIP Projects:
● Neighborhood Street Resurfacing*
● Arterial Street Resurfacing*
*List of streets and neighborhoods attached to Staff Report 298
DISCUSSION 7
• Street inspections are performed on a three-year rotation by Pavement Engineering Inc (PEI):
• 1/3rd of residential and collector streets are
inspected each year
• 100% of arterial roads inspected each year
• Pavement Management System (PMS) is used to:
• Track inventory, store work history, and estimate cost • Identify candidate streets for potential repair and
maintenance
299
DISCUSSION 8
• PEI uses a variety of measurements to determine the
Pavement Condition Index (PCI) including:
• How many cracks there are in a mile of pavement
• How deep and long those cracks are
• What the crack pattern is
• What percentage of a road segment displays deficiencies • Crack and deficiency patterns include:
• Alligator cracking
• Block cracking
• Longitudinal cracking
• Transverse cracking
300
DISCUSSION 9
• The patterns and the percentage of roadway segment are entered into the StreetSaver database and a PCI is generated. • Information is used to determine the most cost effective repair strategy:
• Cost of repair + life expectancy = annual maintenance cost • Timing repairs accurately minimizes deferred maintenance • This means not spending more than what is necessary on an annual basis on road maintenance
301
DISCUSSION 10
302
DISCUSSION 11
• Public Works reviews this information and considers:

1. How the timing of street repairs matches with pipe
replacement needs, and

2. How can the streets be grouped to maximize
cost effectiveness and efficiency.
• This analysis is used to create our Pavement
Management Program and recommendation for projects
to use RMRA funding.
303
FINANCIAL IMPACT 12
Recommended action and resolution fulfills State requirements and does not appropriate funds through this item. Actual funding will be requested and appropriated during the budgeting process for FY 2024-25.
304

QUESTIONS
13 305

PUBLIC WORKS AND TRANSPORTATION COMMITTEE

AGENDA REPORT

REPORTS
AGENDA ITEM NO. D.4

DATE: May 14, 2024

TO: Public Works and Transportation Committee

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

SUBJECT: Agreement 32500006 with California Wood Recycling, Inc. dba Agromin (Agromin), for Organic Waste Recycling Services at Agromin Facilities. (10 minutes)

RECOMMENDATION

That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute an Agreement with California Wood Recycling, Inc. dba Agromin (Agromin) in the amount not to exceed $9,000,000 for an initial three-year term from July 1, 2024, to June 30, 2027, with the option for two (2) consecutive one (1) year period extensions, that shall not exceed a total of five (5) years; for a final term ending June 30, 2029, in order to provide organic waste recycling services and mulch products for the City of Oxnard at permitted Agromin facilities.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/mA5vRBTJsDM

BACKGROUND

The City’s Environmental Resources Division (ER) provides municipal automated collection of residential and commercial customers mixed organics waste which includes yard waste, wood waste, and food waste. The Division receives approximately 22,000 tons of inbound organic waste annually and diverts approximately over 17,400 tons per year, including 13,000 tons of yard waste, 3,000 tons of wood waste, and 1,400 tons of food waste from its municipal collection programs and the Del Norte Regional Recycling & Transfer Station (Del Norte).

The City of Oxnard has contracted with Agromin for organic waste processing since 1996. Yard waste is hauled to Agromin Organics Recycling at Limoneira Farms in Santa Paula. Wood waste and food waste are hauled to Agromin Organics Recycling, located on the same property as Simi Valley Landfill. This contract does not propose to use other Agromin facilities in the area.

DISCUSSION

The current agreement with Agromin expires on June 30, 2024. On February 5, 2024, the City of Oxnard Purchasing Division issued a request for bids (RFB PW24-81) to solicit bids from vendors for organic waste recycling services. The RFB PW24-81 was posted on the City’s website and www.publicpurchase.com. Only one vendor bid by the closing date, March 5, 2024. Agromin was determined to be the lowest most responsive bidder. Agromin meets all required City contractual provisions, including possession of a City business tax certificate, insurance certificates, and corporate filing with the California Secretary of State. Based upon the 306
available information and research performed to date, staff believes that this vendor is capable of satisfactorily meeting the needs of the City.

Agromin bid the following rates in Table 1.

Table 1:

WASTE MATERIALS FOR

PROCESSING

COST PER TON DELIVERED BY CITY TO SERVICE

PROVIDER (TIP FEE)
Yard trimmings such as yard
clippings, leaves,
tree trimmings, pruning, brush and
weeds
$61.94
Agromin Organics Recycling Compost
Facility
$61.94
Wood Waste such as wood pieces or
particles
from manufacturing of wood
products,
harvesting, processing or storage of
raw
materials, construction and
demolition
activities
Simi Valley Landfill
$83.45
Food Waste such as waste material of
plant or
animal origin that results in the
preparation or
processing of food for animal or
human
consumption
Simi Valley Landfill
$128.50

The agreement's new RFB scope of work will also allow the City to purchase mulch and compost from Agromin at a discounted rate. SB 1383 requires all jurisdictions in California to annually procure a target amount of recovered organic waste products, such as mulch or compost, for use or giveaway by the jurisdiction.

The City’s annual recovered organic waste product procurement target is calculated by CelRecycle every five years and is based on the City’s population. CalRecycle calculated the City’s annual procurement target to be 16,374 tons for calendar year 2022 through 2026.

Agromin will be responsible for tracking the City’s compliance with SB 1383’s recovered organic waste product procurement by providing qualified and approved mulch and compost at a discounted fee for the City’s use. A City-wide mulch and compost giveaway program for residents will be created by ER staff and executed by Agromin. Agromin will be responsible for promoting the City’s residential compost and mulch giveaway program. Agromin will also be responsible for assisting the City to meet its annual procurement target.

Agromin will be providing input to the City’s educational programs designed to reduce contamination in the organic waste stream; yard waste, wood waste and food waste. In addition, Agromin will assist with outreach and promotional efforts to increase the amount of organic waste recycled by residential and commercial customers.

Table 2 shows the cost for mulch, compost, and soil, including delivery fees. 307

Table 2:

MATERIALS PRICE PER TON DISCOUNT

PERCENTAGE

PRICE PER TON TO CITY
SB 1383 Qualified
Mulch
$60.00 50% $30.00
SB 1383 Qualified
Compost
$30.00 50% $15.00
Lawn Topper Mix &
50/50 Soil Blend
$60.00 50% $30.00

DELIVERY OF MATERIALS PRICE PER TRUCKLOAD
Delivery to City property or drop-off events $75.00

STRATEGIC PRIORITIES

FINANCIAL IMPACT

The total cost of the Agreement with Agromin shall not exceed $9,000,000 over the entire term of five years.

Funding for this Agreement has been programmed in the Proposed Fiscal Year 2024-25 Budget from the Environmental Resources Fund 631, as shown below, for the City Council’s consideration. Subsequent year allocations will be requested during the annual budget process.

ESTIMATED SPENDING PLAN
ACCOUNTS FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29 TOTAL 6313636-54300
6313637-54050
$1,600,000 $1,700,000 $1,800,000 $1,900,000 $2,000,000 $9,000,000

Prepared by: Brian Yanez, Assistant Public Works Director

ATTACHMENTS

1. Agreement 32500006

2. Presentation

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TRADE SERVICE AGREEMENT

BETWEEN
THE CITY OF OXNARD AND CALIFORNIA WOOD RECYCLING, INC.

DBA AGROMIN

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

1. SUMMARY DESCRIPTION OF SERVICES. This agreement is for organic material recycling services outlined in Exhibit A for the Environmental Resources Division

2. 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

California Wood Recycling, Inc. dba Agromin (“SERVICE PROVIDER”), a corporation of the State of California, located at 201 Kinetic Dr., Oxnard, California 93030

3. TERM OF AGREEMENT: From: July 1, 2024 To: June 30, 2027

3.1 Time is of the essence in this Agreement.

3.2 The CITY shall have the option for ( 2) two consecutive (1) one- year extensions, in accordance with the scope of work and general terms and conditions of the Trade Services Agreement. Any price increases or decreases shall be negotiated at time of contract extension.

3.3 Any Optional Extension (initial term, plus any option to extend) shall not exceed a total of five (5) years. The CITY in its sole discretion may exercise the optional extension upon 60 days written notice to the SERVICE PROVIDER in accordance with Section 11 of this Agreement. SERVICE PROVIDER shall issue its written consent to the CITY’s exercise of the option extension within 10 days of receipt of notice from the CITY. All Notices shall comply with S ection 20 of this Agreement.

3.4 All services required of SERVICE PROVIDER under this Agreement shall be completed on or before the end of the term of the Agreement.

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4. AGREEMENT AMOUNT NOT TO EXCEED: $9,000,000

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

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

6. D
ESIGNATED REPRESENTATIVES.

T
he Designated Representatives listed below shall be authorized to act on behalf of the named Party, be responsible for negotiations and contractual matters, and coordinate with each other to perform the services under this Agreement. Additionally, SERVICE PROVIDER’s services shall be performed or immediately supervised by the SERVICE PROVIDER’s Representative:

C
ITY Designated Representative: SERVICE PROVIDER Designated Representative:

Name: Eric Zetz Name: Bill Camarillo
Title: Division Manager Title: CEO
Phone: 805-385-7957 Phone: 805-485-9200
Email: [email protected] Email: [email protected] Mailing Address (if differs from above): Mailing Address (if differs from above):
111 South Del Norte Blvd.

Oxnard, CA 93030

7. CO
NTRACTUAL PREREQUISITES.

7. 1. This Agreement must first be executed by the SERVICE PROVIDER, 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.

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

7. 3. All proof of business license, insurance, and W-9 forms is required prior to execution of this Agreement.
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7.4 SERVICE PROVIDER shall not perform any work under this Agreement until a proof of insurance has been provided to the City as required under Section 24 of this Agreement.

8. SERVICE PROVIDER'S SERVICES.

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

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

9. COMPENSATION.

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

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

10. PAYMENT & INVOICES.

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

10.1 Payment Request. SERVICE PROVIDER shall submit a payment request to CITY by the end of each calendar month listing the Services provided, costs of 311
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those Services, and total amount due for the month. Invoices may be emailed to:
[email protected].

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

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

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

11. OPTION TO EXTEND AGREEMENT.

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

12. MODIFICATION OF AGREEMENT.

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

13. TERMINATION OF AGREEMENT.

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

14. INDEPENDENT CONTRACTOR

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

SERVICE PROVIDER and its employees , subcontractors, and agents have no authority, express or implied, to act on behalf of City in any capacity, to incur any debt, obligation or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent. SERVICE PROVIDER and its employees are not employees of City.

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

15. LAWFUL PERFORMANCE.

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

SERVICE PROVIDER, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 313
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16. SAFETY REQUIREMENTS.

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

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

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

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

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

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

17.3. Ownership – Generally. All inventions, discoveries, enhancements, changes, or improvements of computer programs developed pursuant to this Agreement shall be the property of the CITY, and all patents or copyrights shall be assigned to the CITY, unless otherwise agreed. SERVICE PROVIDER agrees 314
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that CITY may make modifications to computer software furnished by SERVICE PROVIDER without infringing SERVICE PROVIDER’s copyright or any license granted to CITY, unless otherwise agreed.

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

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

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

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

18. ASSIGNMENT.

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

SERVICE PROVIDER's services pursuant to this Agreement shall be provided by the SERVICE PROVIDER’s Designated Representative or directly under his/her supervision, and SERVICE PROVIDER shall not assign another to supervise t he SERVICE PROVIDER's performance of this Agreement without the prior written approval of CITY, by and through the CITY’s Designated Representative.

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19. NOTICE OF BREACH AND OPPORTUNITY TO CURE.

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

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

20. NOTICES.

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

21. COVENANTS AND CONDITIONS.

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

22. WAIVER.

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

23. INDEMNIFICATION, HOLD HARMLESS & DEFENSE.

23.1 As a separate and independent covenant from SERVICE PROVIDER’s obligations under this section, SERVICE PROVIDER shall to the fullest extent permitted by law, immediately defend, indemnify, and hold harmless CITY, its legislative and advisory bodies, and the CITY’s officials, directors, officers, employees, and agents (the “Indemnitees”) from and against all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with SERVICE PROVIDER’s performance of this Agreemen t or SERVICE 316
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PROVIDER’s failure to comply with any of its obligations contained in this Agreement. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. SERVICE PROVIDER’s obligation to indemnify applies unless it is adjudicated that any of the liabilities covered by this Section are the result of the sole active negligence or sole willful misconduct of any of the Indemnitees.

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

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

23.4 SERVICE PROVIDER agrees to pay all required taxes on amounts paid to SERVICE PROVIDER under this Agreement, and to indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. SERVICE PROVIDER shall be solely responsible for, and shall save CITY harmless from, all matters relating to the payment of SERVICE PROVIDER’s 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 317
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amount of any compensation due to SERVICE PROVIDER under this Agreement any amount due to CITY from SERVICE PROVIDER as a result of its failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.

24. INSURANCE.

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

25. LIVING WAGE REQUIREMENTS.

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

26. PREVAILING WAGE REQUIREMENTS.

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

26.2. Compliance with California Departme nt of Industrial Relations (DIR).

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

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 318
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evading these prevailing wage requirements.

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

27. CONFLICT OF INTEREST

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

28. IRAN CONTRACTING ACT

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

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

29. SUBCONTRACTING.

If CONSULTANT requires the assistance of a subcontractor to render any services under this agreement, Consultant shall obtain prior written consent from the City before a subcontractor performs any service pursuant to this Agreement. All subcontractors shall be identified in the scope of work attached to this Agreement as Exhibit A. CONSULTANT is fully responsible for satisfactory completion of all its subcontractors’ work. All 319
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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 obl igations 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 writing and mail a copy to the SERVICE PROVIDER. The decision of the CITY’s Designated Representative shall be final and conclusive unless SERVICE PROVIDER requests mediation within ten (10) calendar days. Pending final decision of a dispute, the SERVICE PROVIDER shall proceed diligently with the performance of the Agreement and in accordance with the decision of the CITY’s Designated Representative.

31. DISPUTE RESOLUTION.

Should an unresolved dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within a reasonable time not to exceed forty five (45) days of a request. The mediator shall be agreed to by the mediating Parties. In the absence of an agreement on a mediator, the Parties shall each submit one name from mediators listed by the 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 mediat ed settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.

32. AUDIT.

CITY shall have the option of inspecting, auditing and/or reproducing all records and other written materials: used by SERVICE PROVIDER in preparing its billings to CITY as a condition precedent to any payment to SERVICE PROVIDER; or for other purposes relating to the Agreement. SERVICE PROVIDER will promptly furnish all documents requested by CITY. Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit SERVICE PROVIDER for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, SERVICE PROVIDER shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by CITY, whichever occurs later. SERVICE PROVIDER shall maintain all such records in CITY or to promptly reimburse CITY for all reasonable costs incurred in 320
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conducting the audit at a location other than in CITY, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. SERVICE PROVIDER shall include a copy of this Section in all contracts with its subcontractors, and SERVICE PROVIDER shall be responsible for immediately obtaining those recor ds or other written material from its subcontractors upon a request by the State Auditor and/or CITY.

33. ADVERTISING AND PUBLICITY

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

34. NONDISCRIMINATORY EMPLOYMENT.

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

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

35. FORCE MAJEURE.

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

36. GOVERNING LAW.

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

37. SEVERABILITY.

If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so 321
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modified, such portion and the balance of this Agreement will conti nue in full force and effect and be enforceable.

38. 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.

39. NO THIRD-PARTY BENEFICIARY.

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

40. AUTHORITY TO EXECUTE.

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

41. EXECUTION – COUNTERPARTS.

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

42. INCONSISTENT OR CONFLICTING TERMS.

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

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43. ACKNOWLEDGEMENT.

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

[Signatures on next page]

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

CITY OF OXNARD CALIFORNIA WOOD RECYCLING, INC.

DBA AGROMIN

☐John C. Zaragoza, Mayor1 Date Bill Camarillo, CEO Date ☐Jennifer Yates, 2
Purchasing Manager

Myron Harrison, CFO3 Date

ATTEST:

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

APPROVED AS TO FORM:

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

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

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EXHIBIT A

TRADE SERVICE AGREEMENT
(CITY of Oxnard and California Wood Recycling, Inc. dba Agromin)

SCOPE OF SERVICES

Service Provider shall receive all organic materials such as yard trimmings, wood waste and food waste delivered by the City, grind, sort, and process those materials into usable or marketable products, and market the products, or use them for cultivation on agricultural property, in a responsible and effective way.

Service Provider shall conduct a semi-annual (every six months) composition study to characterize the organic materials delivered by the City to determine the residual percentages by weight. A report shall be submitted to the City within ten working days of the commencement of each semi-annual period, and the residual percentage documented in that report shall be the basis for billing for that period.

Service Provider shall maintain the access roads and tipping areas at the processing site in such condition as to facilitate the receipt of City delivered materials and to expedite the turnaround time of City trucks in a safe and reasonable manner.

Service Provider shall guarantee the City’s full compliance with SB 1383’s recovered organic waste product procurement requirement by providing qualified and approved mulch and compost at a discounted fee for use or giveaway by the City. Mulch and compost will be purchased by the City for use at City owned property landscaping. A City-wide mulch and compost giveaway program for residents will be created and run by Service Provider. Service Provider shall also assist in identifying and contracting with direct service providers to redirect any abundance of mulch and compost and ensure the City meets its annual procurement target.

Upon the City’s request, Service Provider shall provide input to the City’s educational programs designed to reduce residuals in the yard trimmings, wood waste and food waste collected and outreach and promotional efforts to increase the amount of yard trimmings and wood waste recycled. Service Provider shall also promote the City’s residential compost and mulch giveaway program to increase participation.

REPORTING AND RECORD KEEPING

Service Provider shall weigh each City load delivered to the processing facility on a certified scale at the entrance to the facility and shall provide the City’s truck operator with a weigh ticket for each load. At a minimum, the weigh ticket shall indicate the date, time, City vehicle number, gross weight, tare weight, net weight, tip fee price per ton, total price, type of material (residential, commercial, industrial, tractor-trailer), ticket number and a signature of the scale house operator and the City truck operator.
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Service Provider shall provide a monthly invoice to the City for materials delivered each calendar month that includes the ticket number of all weigh tickets included in the invoice tonnages. The invoice shall also indicate the number of loads, net tonnage, price per ton and total price for the invoice period.

Service Provider shall provide the City with semi-annual (every six months) reports on the material diversion achieved through the processing of organic materials and shall include such data as tons of material by category (residential, commercial and industrial, Station-tractor- trailers) delivered by the City, tons processed for market, and the amount of residual tons requiring landfill disposal.

Service Provider shall provide a semi-annual (every six months) report on the composition of the organic materials (i.e. yard trimmings, wood waste and food waste) delivered by the City including the residual percentage and weight.

Service Provider shall keep record of the City’s SB 1383 qualified recovered organic waste product purchases and all other required paperwork for CalRecycle reporting. Records shall be made available to the City upon request.

The City shall have the right to request additional reports from Service Provider which shall not be unreasonably refused.

All of Service Provider’s records and reports, related to the performance of services under the Agreement, shall be maintained for a period of three years after the termination of the Agreement.

DELIVERY OF MATERIALS

City shall use Service Provider’s facility to process organic materials such as yard trimmings, wood waste and food waste delivered by the City generated from City residential, commercial and industrial collection. The City may also deliver organic materials such as yard trimmings, wood waste and food waste to Service Provider from the Del Norte Regional Recycling and Transfer Station (Station).

City and Service Provider agree and acknowledge that City delivered yard trimmings and wood waste contain up to 1% residuals.

Delivery of qualified recovered organic waste products by Service Provider shall be available within City limits for use by the City and residents. Residents participating in the mulch and compost giveaway program shall also have the option of picking up qualified products at Service Provider’s facility.

SERVICE PROVIDER OPERATING SCHEDULE

Service Provider’s processing facility shall be open to receive organic materials delivered by the

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City of Oxnard in City vehicles from 5:30 am to 5:00 pm Monday through Saturday except for City holidays when collection services are not provided.

Service Provider’s operating schedule for the processing of organic materials is independent of the requirement to receive materials delivered by the City and shall be at Service Provider’s sole discretion. Service Provider shall not allow unprocessed materials to accumulate in volumes not consistent with the operating permits for the facility that could result in City materials not being accepted for delivery.

Service Provider’s operating schedule for the sale and delivery of qualified recovered organic waste products shall be at Service Provider’s sole discretion.

RESIDUALS MANAGEMENT

Service Provider is responsible for the cost of containing, hauling and disposing of residuals processed from organic materials delivered by City. If Service Provider’s facility site is located in Oxnard, the City will be responsible for placing a roll -off container at the site for regularly scheduled container removal and empty. Service Provider shall pay rates for roll -off container services as established in City Ordinance for solid waste system charges and user fees. The City shall haul from Service Provider’s facility site and shall deliver these residuals to the Station.

City shall use its reasonable efforts to minimize and reduce the amount of residuals (up to 1%) sent to Service Provider, including public awareness and education, mailers, to its residents and similar notices.

The City does not have rates established for the collection, transport and disposal of residual materials from properties outside its city limits. If Service Provider’s processing facility is located outside of City of Oxnard’s city limits, Service Provider will not be able to use City collection services for residuals hauling and disposal services. Service Provider may direct haul residual with their equipment from its facility to the Station

COMPENSATION AND PAYMENT METHOD

Tipping fees will be paid on a per ton basis for organic materials delivered for processing in City vehicles. Service Provider shall retain any proceeds from the sale of products, resulting from the processing of materials delivered by the City. Service Provider shall provide in their proposal the tip fee of organic materials to include yard trimmings, wood waste and food waste on a per ton basis that City delivers to Service Provider’s facility site.

Service Provider shall provide in their proposal the set discounted fee for qualified mulch and compost. The City will pay delivery fees for qualified products purchased for use at City properties or drop-off giveaway events. Residents and direct service providers will be responsible for their own delivery fees. Service Provider shall provide in their proposal fees for delivering qualified products within the City of Oxnard.

Service Provider agrees to accept the above referenced fees as full payment for Service Provider’s services, including the handling of organic materials, sale and delivery of qualified products and 327
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marketing or cultivating for agricultural purposes of processed organic materials. Service Provider is responsible for all expenses associated with processing or diversion of the organic materials including residual material, waste control fees and integrated waste management planning fees imposed by the County of Ventura or physical damage to Service Provider’s equipment caused by processing organic materials delivered from City.

Service Provider shall submit to City a bi-weekly invoice for all organic materials delivered by City in the previous two week period, in a form satisfactory to City. Invoice information shall include daily dates of delivery by each truck, truck number, weight ticket number, weight of delivered yard waste and wood materials, total cost of delivered load, summary totals such as number of truck deliveries, total weight, weight/ton and tip fee itemization of yard trimmings wood waste and food waste material and total invoice amount due. City shall pay Service Provider within 30 days of receipt of an invoice.

Service Provider shall submit to City a bi-weekly invoice for all qualified products purchased by City in the previous two week period, in a form satisfactory to City. Invoice information shall include date of delivery/pick-up, weight/volume of qualified product, description of qualified product, delivery fees when applicable, total cost of purchased qualified product, summary totals such as number of truck deliveries/pick-ups, total weight, weight/ton and product fee itemization and total invoice amount due. City shall pay Service Provider within 30 days of receipt of an invoice.

Service Provider shall submit bi-weekly invoices for organic materials delivered from City vehicles and qualified product purchases to: City of Oxnard Del Norte Regional Recycling & Transfer Station, 111 South Del Norte Boulevard, Oxnard, CA 93030. Attention: Eric Zetz, Environmental Resources Division Manager.

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EXHIBIT B

TRADE SERVICE AGREEMENT
(CITY of Oxnard and California Wood Recycling, Inc. dba Agromin)

SCHEDULE OF COMPENSATION

For yard trimmings, wood waste, and food waste delivered by the City to Service Provider containing less than one percent (1%) residuals. The City intends to supply Service Provider with all its collected yard trimmings, wood waste, and food waste. The total estimated annual collected volume of yard trimmings is 12,830 tons, wood waste 2,950 tons, and food waste 1,375 tons.

WASTE MATERIALS FOR PROCESSING COST PER TON DELIVERED BY CITY

TO SERVICE PROVIDER (TIP FEE)
Yard trimmings such as yard clippings, leaves,
tree trimmings, pruning, brush and weeds $61.94
Wood Waste such as wood pieces or particles
from manufacturing of wood products,
harvesting, processing or storage of raw
materials, construction and demolition
activities
Agromin Organics Recycling Compost
Facility
$61.94
Simi Valley Landfill
$83.45
Food Waste such as waste material of plant or
animal origin that results in the preparation or
processing of food for animal or human
consumption
$128.50

The City will only pay delivery fees for qualified products purchased for use at City properties or drop-off giveaway events. The billing rate is all-inclusive. The billing rate includes all costs necessary.

MATERIALS PRICE

PER TON

DISCOUNT

PERCENTAGE
PRICE

PER TON

TO CITY
SB 1383 Qualified Mulch $60.00 50% $30.00
SB 1383 Qualified Compost $30.00 50% $15.00
Lawn Topper Mix & 50/50 Soil Blend $60.00 50% $30.00

MATERIALS OR SERVICES PRICE PER TRUCKLOAD
Delivery to City property or drop-off event $75.00
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EXHIBIT C

TRADE SERVICES AGREEMENT
(CITY of Oxnard and California Wood Recycling, Inc. dba Agromin)

INSURANCE REQUIREMENTS

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

Exhibit INS-B

INSURANCE REQUIREMENTS FOR CONSULTANTS
(WITHOUT ERRORS AND OMISSIONS 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 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. 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 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. 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 endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.

4. Consultant agrees that the commercial general liability and business automobile liability insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees 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 330
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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 Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

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

7. All insurance standards applicable to 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

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

Endorsement Forms

Original endorsements are required for general liability and automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that you use the endorsement forms which are attached.

Substitute forms will be accepted, however, as long as they include provisions comparable to the attached.

INS-B.doc
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SAMPLE

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) $

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

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

CERTIFICATE HOLDER

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

CANCELLATION

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

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

AUTHORIZED REPRESENTATIVE

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Rev. 3/24 INS-B.doc

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:

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.

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 insur ed 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 schedu led 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.

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.

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

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.

SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:

Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or 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 ex clusions of the policy to which this endorsement is attached.

ENDORSEMENT HOLDER

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

AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter

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

Signature
(original signature required)

Telephone: ( ) Date Signed

333
Agreement No. 32500006

Page 26 of 33 ends

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

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

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

NAMED INSURED

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

OTHER PROVISIONS
COMMERCIAL AUTO POLICY
BUSINESS AUTO POLICY
OTHER

LIMIT OF LIABILITY

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

Name:

Address:

Telephone: ( )

$ per accident, for bodily injury and property damage.

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

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

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

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

Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).

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

ENDORSEMENT HOLDER

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

AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter

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

Signature
(original signature required)

Telephone: ( ) Date Signed

Rev. 3/24 INS-B.doc
334
Agreement No. 32500006

Page 27 of 33 ends

EXHIBIT D

TRADE SERVICES AGREEMENT
(CITY of Oxnard and California Wood Recycling, Inc. dba Agromin)

LIVING WAGE POLICY
______________________________________________________________________

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

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

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

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

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

D. In addition, if SERVICE PROVIDER fails to comply with the Living Wage Policy in any manner, SERVICE PROVIDER shall pay to CITY a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy.

SERVICE PROVIDER shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to SERVICE PROVIDER of the amount owed.

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CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2023

SERVICE PROVIDER shall compensate any employee of SERVICE PROVIDER who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit D. While this Agreement is in effect, SERVICE PROVIDER shall pay such employee no less than $18.89 per hour for each hour that such employee provides services under this Agreement. This hourly rate shall be adjusted on July 1, 2024 , and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI -U), index base 1982-84=100, comparing May of t he previous year to May of the current year. In addition, while this Agreement is in effect, SERVICE PROVIDER shall provide to such employee no less than 96 hours of paid leave per calendar year.

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

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

c. In addition, if SERVICE PROVIDER fails to comply with the Living Wage Policy in any manner, SERVICE PROVIDER shall pay to CITY a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy.

SERVICE PROVIDER shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to SERVICE PROVIDER of the amount owed.

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Agreement No. 32500006

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EXHIBIT E

TRADE SERVICES AGREEMENT
(CITY of Oxnard and California Wood Recycling, Inc. dba Agromin)

PREVAILING WAGE
______________________________________________________________________

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

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

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

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

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

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

Before commencing work under this Agreement, SERVICE PROVIDER shall provide CITY with a copy of the information submitted to any applicable apprenticeship program. 337
Agreement No. 32500006

Page 30 of 33 ends

Within 60 days after concluding the Project, SERVICE PROVIDER and each of its subcontractors shall submit to CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.

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

8. SERVICE PROVIDER i s not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. SERVICE PROVIDER shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provision does not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.

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

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

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

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

338
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13. To the maximum extent, SERVICE PROVIDER shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify CITY, its legislative bodies, and its officials, officers, employees and agents from any demand or claim for d amages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or

omissions listed above by any person or entity (including Service Provider, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of SERVICE PROVIDER under this Section shall survive Agreement termination.

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EXHIBIT F

TRADE SERVICES AGREEMENT
(CITY of Oxnard and California Wood Recycling, Inc. dba Agromin)

IRAN CONTRACTING ACT CERTIFICATION
______________________________________________________________________

340
Agreement No. 32500006

Page 33 of 33 ends

IRAN CONTRACTING ACT CERTIFICATION
(TO BE EXECUTED AND SUBMITTED WITH THE AGREEMENT)
Public Contract Code Sections 2202-2208
Pursuant to Public Contract Code 2204.(a) A public entity shall require a person that is submits a bid or proposal to,or otherwise proposes to enter into or renew a contract with, a public entity with respect to a contract for goods or services of one million dollars ($1,000,000) or more to certify, at the time an Agreement is signed or renewed, that the person is not identified on a list created pursuant to subdivision (b) of Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Section 2202.5 or as a person described in subdivision 9b) of Section 2202.5, as applicable.

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

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

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

By (Authorized Signature):

Printed Name & Title of Person Signing: Date Executed

Executed in the County of in the State of

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

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

By (Authorized Signature):

Printed Name & Title of Person Signing: Date Executed

Executed in the County of in the State of

341
Agreement 32500006 with California Wood Recycling,
Inc. dba Agromin (Agromin), for Organic Waste
Recycling Services at Agromin Facilities
Public Works and Transportation Committee – May 14, 2024City Council - June 4, 2024Eric ZetzEnvironmental Resources Division Manager 342
FOR PUBLIC WORKS AND TRANSPORTATION COMMITTEE:

Recommendation 2
343
FOR CITY COUNCIL:

That the City Council approve and authorize the Mayor to execute an Agreement with California Wood Recycling, Inc. dba Agromin (Agromin) in the amount not to exceed $9,000,000 for an initial three-year term from July 1, 2024, to June 30, 2027, with the option for two (2) consecutive one (1) year period extensions, that shall not exceed a total of five (5) years; for a final term ending June 30, 2029, in order to provide organic waste recycling services and mulch products for the City of Oxnard at permitted Agromin facilities.

Recommendation 3
344
Del Norte Regional Recycling and Transfer Station
• Organic Waste includes yard waste, wood waste and food waste • 22,000 tons of inbound organic waste is received annually • 17,400 tons of the 22,000 tons is recycled (13,000 yard waste, 3,000 wood waste, and 1,400 food waste)
BACKGROUND 4
345
BACKGROUND 5
The City has contracted with Agromin for organic waste
processing since 1996
● Yard waste is hauled to Agromin Organics Recycling at Limoneira Farms in Santa Paula
● Wood waste and food waste are hauled to Agromin
Organics Recycling located on the same property as Simi Valley Landfill
346
• Current agreement with Agromin expires June 30, 2024
• On February 5, 2024 RFB #ER 24-81 to solicit bids from vendors for organic material recycling services
• Posted on City’s website and www.publicpurchase.com
• March 5, 2024 RFB deadline - City received only one
qualified bid from Agromin
• Agromin was determined to be the lowest most responsive bidder
• Agromin meets all City contractual requirements
DISCUSSION 6
347
Agromin bid the following:

DISCUSSION 7

WASTE MATERIALS FOR PROCESSING COST PER TON DELIVERED BY CITY TO

SERVICE PROVIDER (TIP FEE)
Yard trimmings such as yard clippings, leaves,
tree trimmings, pruning, brush and weeds
$61.94
Wood Waste such as wood pieces or particles
from manufacturing of wood products,
harvesting, processing or storage of raw
materials, construction and demolition
activities
Agromin Organics Recycling Compost
Facility
$61.94
Simi Valley Landfill
$83.45
Food Waste such as waste material of plant or
animal origin that results in the preparation or
processing of food for animal or human
consumption
Simi Valley Landfill
$128.50
348

• The new RFB scope of work in the agreement will also allow the City to purchase mulch and compost from Agromin at a discounted rate
• SB 1383 requires all jurisdictions in California to annually procure a target amount of recovered organic waste products, such as mulch or compost
• The City’s annual recovered organic waste product
procurement target is calculated by CelRecycle every five years and is based on the City’s population
• City’s annual procurement target to be 16,374 tons for calendar year 2022 through 2026
DISCUSSION 8
349

• Agromin will be responsible for tracking the City’s compliance with SB 1383’s recovered organic waste product procurement • Mulch and compost will be purchased by the City at a discounted rate
• A City-wide mulch and compost giveaway program for residents will be created by ER staff and executed by Agromin
• Agromin will be responsible for promoting the City’s residential compost and mulch giveaway program
DISCUSSION 9
350

• Agromin will also be responsible for assisting the City to meet its annual procurement target
• Agromin will be providing input to the City’s educational programs designed to reduce contamination in the organic waste stream
• Agromin will assist with outreach and promotional efforts to increase the amount of organic waste recycled by residential and commercial customers.

DISCUSSION 10
351
Agromin costs for mulch, compost and soil, including delivery:

DISCUSSION 11

MATERIALS PRICE PER TON DISCOUNT

PERCENTAGE

PRICE PER TON TO CITY
SB 1383 Qualified Mulch $60.00 50% $30.00
SB 1383 Qualified Compost $30.00 50% $15.00
Lawn Topper Mix & 50/50 Soil Blend $60.00 50% $30.00

DELIVERY OF MATERIALS PRICE PER TRUCKLOAD
Delivery to City property or drop-off events $75.00
352
• If the term options are fully utilized, the total cost of the purchase order with Agromin, the total cost for this agreement for organic waste recycling services from July 1, 2024, through June 30, 2029, shall not exceed $9,000,000
• Funding for this Agreement has been programmed in the Proposed Fiscal Year 2024-25 Budget from the Environmental Resources Fund 631 for the City Council’s consideration • Subsequent year allocations will be requested during the annual budget process
FINANCIAL IMPACT 12
353

QUESTIONS
13 354

PUBLIC WORKS AND TRANSPORTATION COMMITTEE

AGENDA REPORT

REPORTS
AGENDA ITEM NO. D.5

DATE: May 14, 2024

TO: Public Works and Transportation Committee

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

SUBJECT: Annual Purchase Orders with Accent Wire-Tie to Supply and Deliver Bale Wire for the Del Norte Regional Recycling and Transfer Station. (10 minutes)

RECOMMENDATION

The Public Works and Transportation Committee recommends that the City Council approve and authorize the Purchasing Agent to execute annual purchase orders with Accent Wire-Tie in the amount not to exceed $375,000 for an initial one-year term from July 1, 2024, to June 30, 2025, with an option to extend the term for two (2) consecutive one-year periods for a final term ending June 30, 2027, for the supply and delivery of bale wire for baling recyclable material.

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

BACKGROUND

The City's Del Norte Regional Recycling & Transfer Station (Del Norte) estimated volume/usage is 60,000 lbs. of bale wire annually. An 11-gauge galvanized extra-high-tensile wire is used due to the size and weight of the bales. Baling wire bundles recyclable materials; cardboard, plastic, and aluminum for sale and transport.

DISCUSSION

On January 12, 2024, the City issued a Request for Bid (RFB) PW 24-70 to solicit bids from vendors for supply and delivery of bale wire. The RFB was posted on the City's website and PublicPurchase.com. Two vendors submitted bids by the closing date, March 29, 2024. Accent Wire-Tie submitted the lowest most responsive bidder by the closing date, March 29, 2024. Accent Wire-Tie meets all required City contractual provisions, including possession of a City business tax certificate, insurance certificates, and corporate filing with the California Secretary of State. Based upon the available information and research performed to date, staff believes that this vendor is capable of satisfactorily meeting the needs of the City.

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

355
If the term options are fully utilized, the total cost of the purchase orders with Accent Wire-Tie for the as- needed supply and delivery of bale wire to the Del Norte from July 1, 2024, through June 30, 2027, shall not exceed $375,000. Funding for this purchase will be included in the Proposed Fiscal Year 2024-25 Budget from the Environmental Resources Fund 631 for the City Council’s consideration. Subsequent year allocations will be requested during the annual budget process.

Estimated Spending Plan
ACCOUNT FY 2024-25 FY 2025-26 FY 2026-27 TOTAL
6313636-52400 $125,000 $125,000 $125,000 $375,000

Prepared by: Brian Yanez, Assistant Public Works Director, Eric Zetz, Division Manager

ATTACHMENTS

1. City of Oxnard RFB 3-2024 Accent Wire-Tie

2. Presentation

356
357
358
359
360
361
362
363
364
365
366
367
368
369
Annual Purchase Orders with Accent Wire-Tie to
Supply and Deliver Bale Wire for the Del Norte
Regional Recycling and Transfer Station
Public Works and Transportation Committee
May 14, 2024
Eric Zetz,
Environmental Resources Division Manager
370

RECOMMENDATION
2 The Public Works and Transportation Committee recommends that the City Council approve and authorize the Purchasing Agent to execute annual purchase orders with Accent Wire-Tie in the amount not to exceed $375,000 for an initial one-year term from July 1, 2024, to June 30, 2025, with an option to extend the term for two (2) consecutive one-year periods for a final term ending June 30, 2027, for the supply and delivery of bale wire for baling recyclable material.
371

BACKGROUND
3 • Estimated volume/usage is 60,000 lbs. of bale wire annually • Baling wire bundles recyclable materials; cardboard, plastic, and aluminum for sale and transport
• 11-gauge galvanized extra-high-tensile wire is used
372

DISCUSSION
4 RFB NO. PW 24-70 PROCESS
• RFB issued on March 4, 2024
• Posted on City Website and Public Purchase website
www.publicpurchase.com
373

FINANCIAL IMPACT
5 ● T otal value of the purchase order shall not exceed $375,000 from July 1, 2024 through June 30, 2027, if
extended all years
● Bale wire is purchased on an as-needed basis
● Funding for this purchase has been programmed in the
Proposed Fiscal Year 2024-25 Budget from the
Environmental Resources Fund 631 for the City
Council’s consideration
● Subsequent year allocations will be requested during
the annual budget process
374
Questions?
375

PUBLIC WORKS AND TRANSPORTATION COMMITTEE

AGENDA REPORT

REPORTS
AGENDA ITEM NO. D.6

DATE: May 14, 2024

TO: Public Works and Transportation Committee

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

SUBJECT: Professional Services Agreement 32500012 with Pavement Engineering Inc. for City's Pavement Management Systems Update. (10 minutes)

RECOMMENDATION

That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute an Agreement with Pavement Engineering Inc. in the amount not to exceed $425,000 for an initial one-year term from July 1, 2024, to June 30, 2025, with the option for three (3) consecutive one (1) year period extensions, that shall not exceed a total of four (4) years; for a final term ending June 30, 2028, for the City’s pavement management systems update professional services.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/l2jfL8G5R_E

BACKGROUND

The City of Oxnard currently maintains approximately 1,037 lane miles of streets and alleys representing 94,995,877 square feet of pavement with a replacement value of approximately $983,706,000 as calculated by the Pavement Management System (PMS). Historically, street inspections have been performed on a three-year rotation with a third of residential streets and alleyways inspected each year and 100% of arterials receiving annual inspections. To effectively plan for future street maintenance and improvements, an update of the PMS and 5-year master plan are critical.

DISCUSSION

This work will include a visual pavement inspection of all streets and alleyways. Each street and alleyway will be assigned a Pavement Condition Index (PCI) that will be entered into the City's StreetSaver software database program. PCI is a numerical index between 0 (worst, or no pavement remaining) and 100 (best, or newly built roadway) used to indicate the general condition of a street. The StreetSaver program predicts future PCI by calculating the long term deterioration of each street. This application, sourced from and managed by the Metropolitan Transportation Commission (MTC), is a planning tool used to monitor, analyze, and forecast Oxnard’s overall Pavement Management Program (PMP) and is critical to establishing a proper, phased multi- year paving cycle. Projections and computations regarding change in pavement condition versus annual funding investment are typically made over a 10-year span. Utilizing the pavement inspection data, a 5-year maintenance and capital improvement plan is developed for the City's streets and alleyways.

A request for proposals (RFP) was issued on February 14, 2024, and closed on March 11, 2024. Four 376
consulting firms submitted proposals. Engineering staff, including the senior civil engineer, project manager, and assistant civil engineer reviewed and evaluated the proposals. The criteria used to evaluate the proposals are consistent with the City’s procurement policies and include items such as the bidder’s experience and ability, technical capability and project methodology, responses to the request for proposal for completeness to the requirements, and references with demonstrated success with similar work to the scope of service. The review team determined that PEI was the most qualified consultant. PEI meets all required City contractual provisions, including possession of a City business tax certificate, insurance certificates, and corporate filing with the California Secretary of State. Based upon the available information and research performed to date, staff believes that this vendor is capable of satisfactorily meeting the needs of the City.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

The total cost for this Agreement shall not exceed $425,000 over the term of four years if fully extended.

Partial funding for this Agreement of $100,880 has been programmed in the Proposed Fiscal Year 2024-25 Budget from the State Gas Tax RMRA Fund (Fund 185, Project M1901) for the City Council’s consideration.

Subsequent fiscal year allocations for the remaining value of the agreement will be requested during the annual budget process.

ESTIMATED SPENDING PLAN
FUND FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 TOTAL
185 - GAS TAX RMRA $111,000 $98,000 $105,000 $111,000 $425,000

Prepared by: Morgan Kessler, City Engineer

ATTACHMENTS

1. 32500012 PEI Agreement

2. PEI Proposal Response to Oxnard RFP PW24-83 PMS Update_MP24-138 Submission

3. Presentation

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Agreement No. 32500012

CONSULTANT/PROFESSIONAL SERVICES AGREEMENT

BETWEEN

THE CITY OF OXNARD AND PAVEMENT ENGINEERING INC
By This CONSULTANT/Professional Services Agreement (“Agreement”), the CITY of Oxnard (“CITY”) agrees to engage the Services of Pavement Engineering, 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.

Engineering Services for City of Oxnard Pavement Management System Update

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 Pavement Engineering, Inc. (“CONSULTANT”), a corporation of the State of California, located at 3485 Sacramento Dr, Suite A, San Luis Obispo, CA 93401

4. TERM OF AGREEMENT : From (Date): July 1, 2024 To (Date): June 30, 2025

4.1 Time is of the essence in this Agreement.

4.2 The CITY shall have the option for (3) three consecutive (1) one-year extensions, in accordance with the scope of work and general terms and conditions of the CONSULTANT/ Professional Services Agreement. Any price increases or decreases shall be negotiated at time of contract extension.

4.3 Any Optional Extension (initial term, plus any option to extend) shall not exceed a total of five (5) years. The CITY in its sole discretion may exercise the optional extension upon 60 days written notice to the CONSULTANT in accordance with Section 12 of this Agreement. CONSULTANT shall issue its written consent to the CITY’s exercise of the option to extend within 10 days of receipt of notice from the CITY. All Notices shall comply with Section 22 of this Agreement.
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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: $425,000.

6. AGREEMENT EXHIBITS.

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

Exhibit A: Scope of Services
Exhibit B: Schedule of Compensation
Exhibit C: Insurance Requirements: CITY Insurance Exhibit INS-A Exhibit D: Living Wage Policy
Exhibit E: Prevailing 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: Morgan Kessler
Title: City Engineer
Phone: 805-385-8341
Email: [email protected]
Name: Joseph L. Ririe, P.E.

Title: President
Phone: 805-781-2265
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.
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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.

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 coordinated with the designated CITY Project Manager set forth in Exhibit A subject to the direction of the CITY Manager or Department Director. CONSULTANT hereby designates its Project Manager as set forth in “Exhibit A” as the person responsible for the Services who shall coordinate with CITY’s Project Manager in executing the Scope of Services under this Agreement.

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 in Section 5 of this Agreement. Once this Agreement is executed, the Schedule of Compensation may only be modified by written Amendment pursuant to Section 13 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 3 of 50
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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 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 exercises 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 .

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 4 of 50
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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.

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 stated in this Agreement.

CONSULTANT has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting CONSULTANT. This Agreement shall not be interpreted to prevent or preclude CONSULTANT from rendering any Services for CONSULTANT’s own account or to any other person or entity as CONSULTANT in its sole discretion shall determine; provided, however, that performing such Services shall not materially interfere with the Services the CONSULTANT shall perform for the CITY. The CITY retains the right to provide general instructions to and observe the CONSULTANT in the performance of all Services done on behalf of the CITY.

CONSULTANT and its employees, subCONSULTANTs, 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, subCONSULTANTs, or employees of CITY.

17. LAWFUL PERFORMANCE.

CONSULTANT shall abide by all federal, state, and local laws and regulations as may be related to the performance of duties under this Agreement. CONSULTANT, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of Services under this Agreement.

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

19. 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 or similar locality. Such Services shall also 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.

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 6 of 50
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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 electronic, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities.

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

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

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 future affairs of the CITY or information belonging to a third party whose information is in the CITY’s possession or control under obligations of confidentiality.

CONSULTANT may be granted access to information that is exempt from disclosure to the public (Government Code Section 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 7 of 50
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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.

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 satisfaction of the other Party within fifteen (15) days from the date on which the breaching Party received notice of breach, the non-breaching Party may terminate this Agreement. Notice shall be given in the manner set forth in section

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 notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section.

23. INDEMNIFICATION, HOLD HARMLESS & DEFENSE.

23.1 Except as set forth in Subsection 23.3 of this Section 23, and to the fullest extent permitted by law, CONSULTANT shall immediately defend, indemnify, and hold harmless the CITY, its officers, employees, representatives, (but not including the CITY’s construction contractors or other CONSULTANTS) and agents (the “CITY Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the CITY (collectively “Claims”) which may arise out of CONSULTANT'S negligence or willful misconduct in the performance of the Services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the CITY 8 of 50
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Indemnitees.

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

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 Civil 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, hold harmless, and defend the CITY Indemnitees shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, its officers, agents, employees or subconsultants in the performance of the Services described in this Agreement.

23.3.2 In no event shall the costs of defense charged to CONSULTANT exceed the CONSULTANT’s proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this reference. Nothing in this Subsection shall be construed to require CONSULTANT to provide indemnification for Claims caused by the active negligence or willful misconduct of the CITY Indemnitees, or any other party for whom CONSULTANT is not legally liable.

23.4The 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.

23.5The obligation to indemnify and defend, as set forth in this Section 23, is binding on the successors, assigns, or heirs of CONSULTANT and shall survive the expiration or any early termination of this Agreement.
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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 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 reference, unless the Risk Manager waives, in writing, the requirement that CONSULTANT obtain and maintain such insurance coverages. Such insurance must be issued by a company satisfactory to the Risk Manager. CONSULTANT shall, before performance of any Services pursuant to this Agreement, file with the Risk Manager evidence of insurance coverage as specified in “Exhibit C”. Maintenance of insurance coverages by CONSULTANT is a material element of this Agreement. CONSULTANT’S failure to maintain or renew insurance coverages or to provide renewal evidence shall be considered a material breach of this Agreement.

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 Wage 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 10 of 50
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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 monitoring 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.

26.4. Use of Prevailing Wages vs. Living Wages. In the event that there is a difference between the amount of wages to be paid under the City of Oxnard’s local Living Wage requirements and the requirements of this provision, the wage rate that is the higher of the two shall be applicable to this Agreement. The duty to pay the correct wage is the responsibility of the 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 the performance of CONSULTANT’s Services under this Agreement. CONSULTANT further covenants that in the performance of Services under this Agreement, no officer, employee or agent of CONSULTANT having such interest shall be employed by it. In the event the CITY determines that CONSULTANT must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, CONSULTANT shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk. Acquisition or maintenance of a conflicting interest by CONSULTANT may result in termination of this Agreement by the CITY.

29. SUBCONTRACTING.

If CONSULTANT requires the assistance of a subcontractor to render any Services under this Agreement, CONSULTANT shall obtain prior written consent from the CITY before a subcontractor performs any service pursuant to this Agreement. All subcontractors shall be identified in the Scope of Work attached to this Agreement as “Exhibit A”. CONSULTANT is fully responsible for satisfactory completion of all its subcontractors’ work. All subcontractors shall be properly licensed and insured; and bonded, if applicable. CONSULTANT shall be responsible for all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with subcontractors performance pursuant to this Agreement or subcontractors failure to comply with any of its obligations in connection with this Agreement. 11 of 50
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30. DISPUTES.

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.

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

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 information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status.

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

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.
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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.

46. EXECUTION – COUNTERPARTS.

47. INCONSISTENT OR CONFLICTING TERMS.

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 .
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Agreement No. 32500012
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]
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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 PAVEMENT ENGINEERING INC
☐JohnC.Zaragoza,Mayor 1 Date JosephL.Ririe,P.E.,President Date ☐Jennifer Yates,PurchasingManager2
Eric J. Wells, Secretary3 Date
ATTEST:

Rose Chaparro, CITY Clerk Date
(only if Mayor authorizes)
APPROVED AS TO FORM:

Stephen M. Fischer, CITY Date
Attorney (always required)
3The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEOor Vice President and of the Board Secretary, Assistant Secretary, CFOor 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.
2The Purchasing Agent may execute any authorized agreement up to $200,000. 1The City Council must authorize and the Mayor must execute any agreement over $200,000. 17 of 50
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EXHIBIT A

CONSULTANT/PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and PAVEMENT ENGINEERING INC)

SCOPE OF SERVICES
Asitha Withanage 805-385-8052 [email protected] The scope of services will be performed in six phases over four years, as outlined below.

Year 1 – 24/25 PMS Update:

Year 1 Scope: Evaluation and Update of Rotation A, Parking Lots, and Yearly Streets Task 0. Project Management
Task 1. Preliminary Investigations
Task 2. Pavement Inspection
Task 3. PMS Update
Task 4. Maintenance and Capital Improvement Plan (CIP)
Task 5. PMS Report & Project Closeout
Task 6. Quality Management
Task 1.0 Project Management
Consultant will undertake the following as part of Year 1, Task 0:

Pavement Engineering Inc. (Consultant) will schedule a kick-off meeting with City staff to discuss project goals and expectations. During the meeting, Consultant will review past maintenance and rehabilitation strategies and check the City’s maps and database to confirm streets, pavement areas, street limits and boundaries. Consultant will also review with staff quality control measures that are described in more detail in Task 6. Reviewing these issues and items prior to beginning work will help the City develop future maintenance plans and budget scenarios that accurately reflect the City’s objectives.

Based on this discussion, Consultant will develop a firm schedule to track progress of the project and also will establish the format of deliverables that will be most useful to the City.

Throughout the project, Consultant will meet with City staff as required to coordinate and review specific project progress, schedules, and budgets to ensure the work performed meets the City’s expectations and performance goals.

Task 1 Preliminary Investigations
Consultant will undertake the following as part of Task 1:

At our first meeting with City staff, the Consultant's project manager will arrange to retrieve any new PMS data, GIS files and drawings. Consultant will review past data, assess recent information and determine the information that is important to the project. Consultant’s project 18 of 50
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manager will then work with City staff to develop goals and objectives using and incorporating the present data into the pavement management plan and system.

Task 2 Pavement Inspection
Consultant will undertake the following as part of Task 2:

Consultant’s certified staff will manually inspect the City’s streets (Collectors and Residentials) and alleys in Area C, as well as 100% of the City’s Arterial for the following pavement distresses:
alligator cracking, block cracking, distortions, patches/utility cuts, longitudinal and transverse cracking, rutting/depressions and weathering. Information gleaned from manual inspections is considered more reliable and accurate than automated, drive by, or windshield surveys.

Consultant will assign a Pavement Condition Index (PCI) for each street segment as specified by ASTM D6433 and supported by Consultant’s quality assurance standards, which are designed to ensure accuracy and consistency. Consultant’s inspectors are certified for quality and consistency with a demonstrated accuracy rate of ± 5 PCI points. Industry standards accepts ± 10 PCI points.

As part of the field review, Consultant will use a vehicle-mounted digital measuring device to measure the length of each street segment and will use a hand-held wheel to measure the width.

Precise measurements are key to accurate cost projections, which are calculated based on pavement area.

Consultant will sample locations on random test sites of ± 2,500 sf. Consultant will annotate the sample location on our rating sheet using footage from the beginning of each road segment.

Recording locations of inspected sample areas provides the necessary information to relocate the measured area for verification. This method produces reliable, reproducible data for current and future use.

As part of this work, Consultant will perform a Quality Control review. The QC review compares the latest PCIs of newly rated street segments to prior PCIs from the last PMS update. Any segment found to have deteriorated more than 3 PCI points per year, since the last visual evaluation (12 points for Rotation C, and 3 points for Arterials), or have increased more than 1 PCI point, without a documented M&R treatment, will then reviewed by The Project Manager.

To ensure safety during the visual evaluation, Consultant will provide its inspectors with reflective safety vests and will provide traffic control using flashing beacons and vehicle-mounted magnetic signs warning of frequent stops.

Task 3 PMS Update
Consultant will undertake the following as part of Task 3 following completion of Task 2:

Consultant will input the data collected during the visual evaluations in the City’s StreetSaver® database using MTC’s Mobile Rater. This speeds project completion and increases accuracy.

This will provide updated PCI’s for each of the segments inspected.

Consultant will utilize StreetSaver® to develop “family curves” for each road or functional classification. Consultant will verify, to the extent possible, and input the last Maintenance and Rehabilitation (M&R) treatment and Date for each segment. Also, we will update the City’s StreetSaver®database with ADT data, provided by the City, for the Arterial and Collector Streets, 19 of 50
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As part of the update, Consultant will review the City’s current street segmentation and how the roads are being used to make sure any analysis is consistent with the use of recommended maintenance and rehabilitation strategies.

Task 4 Maintenance and Capital Improvement Plan (CIP)
Consultant will undertake the following as part of Task 4:

Consultant will identify and prioritize annual asphalt concrete preventative maintenance and rehabilitation treatments for the inspected streets according to a critical-point management approach. The critical-point approach incorporates pavements from all parts of the deterioration curve, not just the best nor just the worst. This approach optimizes every budget dollar by seeking to apply the right treatment at the right time. Not too soon and not too late. Consultant will work with City staff to develop decision matrices and breakpoints and to develop treatments and costs for maintenance and rehabilitation projects.

Consultant will help City staff determine the best maintenance that will maintain the City’s overall PCI at a level set by the City. The analysis will demonstrate what the City can expect in terms of overall pavement condition for each street system based on current and proposed future funding levels. Consultant will recommend the order in which neighborhood street repairs should be tackled and will assist the City in addressing any potential budgetary shortfalls, as required.

Task 5 PMS Report & Project Closeout
Consultant will undertake the following as Task 5:

Consultant will prepare one copy of the PMS report in an indexed binder for the City’s review.

After the review, Consultant will prepare an updated final report containing all relevant information in a PDF format on a computer disk. Both the print and the electronic report will contain the following information:
● Executive summary
● Budget needs scenarios
● Network replacement costs
● Proposed future budget levels
● Budget scenarios including
○ a scenario to maintain roadways at the existing PCI;
○ a scenario to increase the current PCI by 5 points; and ○ a scenario to show the potential PCI for roadways over five to ten years using current funding levels or a specified time range determined by the City ● A section description report for all street segments, sorted by Neighborhood ● Street sections selected for recommended treatments during the specified years with estimated costs
● Maps and exhibits.
● Maps, Exhibits, GIS Shapefile and Spreadsheet Export
As an option, Consultant can provide a presentation for the City Council that summarizes the report and provides guidance on pavement principles and practices.

For the assessed parking lots, a summary report will be provided that lists each parking lot’s condition and will include a summary of our ADA findings. 20 of 50
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Project Closeout
Consultant never leaves loose ends. As previously stated, Consultant will work with City staff through every step of a project and will deliver all the items outlined by the City in the initial kick- off and planning meeting, including but not limited to project files, final report(s) and drawings. As with all our work, Consultant warrant’s what they do and will work with clients to achieve a satisfactory closeout.

Task 6 Quality Management
Consultant will provide the following quality assurances in Task 6 as part of the overall scope of work:

A quality pavement management system is only as good to its user as the data that is input.

Maintaining and improving the quality of a PMS is crucial to the success of the creation or update to a Pavement Management system. Consultant will strive for accuracy and precision, so our Quality Control Plan compares the latest PCI’s of newly rated street segments to prior PCI’s from the last PMS update. Street segments with PCI’s that have increased in PCI, without any maintenance and rehabilitation, and street segments with PCI’s that have dropped more than 3 PCI points per year, since their last rating, will be identified and reviewed in the field by an engineer or senior engineering technician. At Consultant, to strive for a +/- 5 PCI points when comparing initial ratings versus QC ratings. Consultant will review a minimum of 10% of the segments as part of the QC review.

Additionally, Consultant’s PMS quality control plan encompasses several internal checks and balances to ensure data complies with ASTM standards and is both accurate and repeatable. In brief, our QA/QC procedures for PMS work include these elements:

Trained and certified staff:

Consultant’s field technicians undergo strict performance testing that includes protocols, equipment calibration and knowledge of pavement distresses. In addition, our data technicians are trained in data entry and verification procedures, field paperwork preparation, map marking and other duties related to accurate, comprehensive PMS reports. Consultant’s inspectors are certified by the Metropolitan Transportation Commission (MTC) and attending annual MTC training classes. Consultant to strive for a ± 5 PCI point repeatability.

Equipment verification:

Prior to beginning any pavement assessment, Consultant inspects, verifies and, if necessary, calibrates its measuring equipment, including vehicle-mounted devices that measure the length of each street segment and hand-held wheels that measure the width.

Data checks:

Consultant’s PMS crew typically perform a series of data checks in the field after collecting and processing the data according to strict procedures. The PMS project manager reviews the data for accuracy and completeness before a PMS data technician compiles the final database according the agency’s locations and mapping system. He also works with the data technician to recheck segment lengths and looks for any missing segments or data elements. This includes a verification of the Functional Classification of each segment to ensure that it complies with Caltrans Specifications. Consultant’s data technician then reviews the entire database for 21 of 50
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formatting, missing information and errors. All these checks ensure agencies receive thorough and accurate reports.

Control, verification and random site testing:

Consultant’s Project Manager reviews a minimum of 10% of the road segments previously rated according to MTC procedures to verify the accuracy of data. Consultant then compare these reference values to the initial PCI generated by StreetSaver®software. If there are discrepancies, Consultant will rerate the road. Once this QA/QC is finished, any variations to what the field crew found are updated in the database.

Year 2 – 25/26 PMS Update:

Year 2 Scope: Evaluation and Update of Rotation B and Yearly Streets Task 0 Project Management
Task 1 Preliminary Investigations
Task 2 Pavement Inspection
Task 3 PMS Update
Task 4 Maintenance and Capital Improvement Plan (CIP)
Task 5 PMS Report & Project Closeout
Task 6 Quality Management
Task 2.0 Project Management
Consultant will undertake the following as part of Year 2, Task 0:

Based on this discussion, Consultant will develop a firm schedule to track progress of the project and also will establish the format of deliverables that will be most useful to the City.

Task 1 Preliminary Investigations
Consultant will undertake the following as part of Task 1:

Because of our prior experience working with the City, Consultant is thoroughly familiar with the streets, neighborhoods, soil types, pavement structures and maintenance. This familiarization drastically cuts down on preliminary and preparatory work, which allows the City to assign monetary resources to actual pavement preservation.
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At our first meeting with City staff, Consultant’s project manager will arrange to retrieve any new PMS data, GIS files and drawings. Consultant will review past data, assess recent information and determine the information that is important to the project. Consultant’s project manager will then work with City staff to develop goals and objectives using and incorporating the present data into the pavement management plan and system.

Task 2 Pavement Inspection
Consultant will undertake the following as part of Task 2:

Consultant’s certified staff will manually inspect 100% of the City’s Arterial streets and the City’s Collectors, Residentials, and alleys in Area A, as well as the pavements at each of the City owned and maintained parking lots (61 sites) for the following pavement distresses: alligator cracking, block cracking, distortions, patches/utility cuts, longitudinal and transverse cracking, rutting/depressions and weathering. In the parking lots, Consultant will also review the existing ADA parking stalls for compliance. Information gleaned from manual inspections is considered more reliable and accurate than automated, drive by, or windshield surveys.

Consultant will assign a Pavement Condition Index (PCI) for each street segment as specified by ASTM D6433 and supported by Consultant’s quality assurance standards, which are designed to ensure accuracy and consistency. Consultant’s inspectors are certified by for quality and consistency with a demonstrated accuracy rate of ± 5 PCI points. Industry standards accepts ± 10 PCI points.

As part of the field review, Consultant will use a vehicle-mounted digital measuring device to measure the length of each street segment and will use a hand-held wheel to measure the width.

Precise measurements are key to accurate cost projections, which are calculated based on pavement area.

Consultant will sample locations on random test sites of ± 2,500 sf. Consultant will annotate the sample location on our rating sheet using footage from the beginning of each road segment.

Task 3 PMS Update
Consultant will undertake the following as part of Task 3 following completion of Task 2:

Consultant will input the data collected during the visual evaluations in the City’s StreetSaver® database using MTC’s Mobile Rater. This speeds project completion and increases accuracy.

This will provide updated PCI’s for each of the segments inspected. 23 of 50
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Consultant will utilize StreetSaver® to develop “family curves” for each road or functional classification. Consultant will verify, to the extent possible, and input the last Maintenance and Rehabilitation (M&R) treatment and Date for each segment. Also, Consultant will update the City’s StreetSaver®database with ADT data, provided by the City, for the Arterial and Collector Streets,
As part of the update, Consultant will review the City’s current street segmentation and how the roads are being used to make sure any analysis is consistent with the use of recommended maintenance and rehabilitation strategies.

Task 4 Maintenance and Capital Improvement Plan (CIP)
Consultant will undertake the following as part of Task 4:

Task 5 PMS Report & Project Closeout
Consultant will undertake the following as Task 5:

Consultant will prepare one copy of the PMS report in an indexed binder for the City’s review.

After the review, Consultant will prepare an updated final report containing all relevant information in a PDF format on a computer disk. Both the print and the electronic report will contain the following information:
● Executive summary
● Budget needs scenarios
● Network replacement costs
● Proposed future budget levels
● Budget scenarios including
○ a scenario to maintain roadways at the existing PCI;
○ a scenario to increase the current PCI by 5 points; and ○ a scenario to show the potential PCI for roadways over five to ten years using current funding levels or a specified time range determined by the City ● A section description report for all street segments, sorted by Neighborhood ● Street sections selected for recommended treatments during the specified years with estimated costs
● Maps and exhibits.
● Maps, Exhibits, GIS Shapefile and Spreadsheet Export
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Project Closeout
Consultant never leaves loose ends. As previously stated, Consultant will work with City staff through every step of a project and will deliver all the items outlined by the City in the initial kick- off and planning meeting, including but not limited to project files, final report(s) and drawings. As with all our work, Consultant warrant’s what they do and will work with clients to achieve a satisfactory closeout.

Task 6 Quality Management
Consultant will provide the following quality assurances in Task 6 as part of the overall scope of work:

A quality pavement management system is only as good to its user as the data that is input.

Trained and certified staff:

Equipment verification:

Data checks:

Consultant’s PMS crew typically perform a series of data checks in the field after collecting and processing the data according to strict procedures. The PMS project manager reviews the data for accuracy and completeness before a PMS data technician compiles the final database according the agency’s locations and mapping system. He also works with the data technician to recheck segment lengths and looks for any missing segments or data elements. This includes a verification of the Functional Classification of each segment to ensure that it complies with 25 of 50
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Caltrans Specifications. Consultant’s data technician then reviews the entire database for formatting, missing information and errors. All these checks ensure agencies receive thorough and accurate reports.

Control, verification and random site testing:

Year 3 – 26/27 PMS Update:

Year 3 Scope: Evaluation and Update of Rotation C and Yearly Streets Task 0 Project Management
Task 1 Preliminary Investigations
Task 2 Pavement Inspection
Task 3 PMS Update
Task 4 Maintenance and Capital Improvement Plan (CIP)
Task 5 PMS Report & Project Closeout
Task 6 Quality Management
Task 0 Project Management
Consultant will undertake the following as part of Year 3, Task 0:

Based on this discussion, Consultant will develop a firm schedule to track progress of the project and also will establish the format of deliverables that will be most useful to the City.

Task 1 Preliminary Investigations
Consultant will undertake the following as part of Task 1:

Because of our prior experience working with the City, Consultant is thoroughly familiar with the streets, neighborhoods, soil types, pavement structures and maintenance. This familiarization drastically cuts down on preliminary and preparatory work, which allows the City to assign monetary resources to actual pavement preservation.
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At our first meeting with City staff, the Consultant's project manager will arrange to retrieve any new PMS data, GIS files and drawings. Consultant will review past data, assess recent information and determine the information that is important to the project. Consultant’s project manager will then work with City staff to develop goals and objectives using and incorporating the present data into the pavement management plan and system.

Task 2 Pavement Inspection
Consultant will undertake the following as part of Task 2:

As part of the field review, Consultant will use a vehicle-mounted digital measuring device to measure the length of each street segment and will use a hand-held wheel to measure the width.

Precise measurements are key to accurate cost projections, which are calculated based on pavement area.

Consultant will sample locations on random test sites of ± 2,500 sf. Consultant will annotate the sample location on our rating sheet using footage from the beginning of each road segment.

As part of this work, the Consultant will perform a Quality Control review. The QC review compares the latest PCIs of newly rated street segments to prior PCIs from the last PMS update.

Any segment found to have deteriorated more than 3 PCI points per year, since the last visual evaluation (12 points for Rotation C, and 3 points for Arterials), or have increased more than 1 PCI point, without a documented M&R treatment, will then reviewed by The Project Manager.

Task 3 PMS Update
Consultant will undertake the following as part of Task 3 following completion of Task 2:

Consultant will input the data collected during the visual evaluations in the City’s StreetSaver® database using MTC’s Mobile Rater. This speeds project completion and increases accuracy.

This will provide updated PCI’s for each of the segments inspected. 27 of 50
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Consultant will utilize StreetSaver® to develop “family curves” for each road or functional classification. Consultant will verify, to the extent possible, and input the last Maintenance and Rehabilitation (M&R) treatment and Date for each segment. Also, Consultant will update the City’s StreetSaver®database with ADT data, provided by the City, for the Arterial and Collector Streets,
As part of the update, Consultant will review the City’s current street segmentation and how the roads are being used to make sure any analysis is consistent with the use of recommended maintenance and rehabilitation strategies.

Task 4 Maintenance and Capital Improvement Plan (CIP)
Consultant will undertake the following as part of Task 4:

Task 5 PMS Report & Project Closeout
Consultant will undertake the following as Task 5:

Consultant will prepare one copy of the PMS report in an indexed binder for the City’s review.

After the review, Consultant will prepare an updated final report containing all relevant information in a PDF format on a computer disk. Both the print and the electronic report will contain the following information:
● Executive summary
● Budget needs scenarios
● Network replacement costs
● Proposed future budget levels
● Budget scenarios including
○ a scenario to maintain roadways at the existing PCI;
○ a scenario to increase the current PCI by 5 points; and ○ a scenario to show the potential PCI for roadways over five to ten years using current funding levels or a specified time range determined by the City ● A section description report for all street segments, sorted by Neighborhood ● Street sections selected for recommended treatments during the specified years with estimated costs
● Maps and exhibits.
● Maps, Exhibits, GIS Shapefile and Spreadsheet Export
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As an option, Consultant can provide a presentation for the City Council that summarizes the report and provides guidance on pavement principles and practices.

Project Closeout
Consultant never leaves loose ends. As previously stated, Consultant will work with City staff through every step of a project and will deliver all the items outlined by the City in the initial kick- off and planning meeting, including but not limited to project files, final report(s) and drawings. As with all our work, Consultant warrant’s what they do and will work with clients to achieve a satisfactory closeout.

Task 6 Quality Management
Consultant will provide the following quality assurances in Task 6 as part of the overall scope of work:

A quality pavement management system is only as good to its user as the data that is input.

Trained and certified staff:

Equipment verification:

Data checks:

Consultant’s PMS crew typically perform a series of data checks in the field after collecting and processing the data according to strict procedures. The PMS project manager reviews the data for accuracy and completeness before a PMS data technician compiles the final database 29 of 50
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according the agency’s locations and mapping system. He also works with the data technician to recheck segment lengths and looks for any missing segments or data elements. This includes a verification of the Functional Classification of each segment to ensure that it complies with Caltrans Specifications. Consultant’s data technician then reviews the entire database for formatting, missing information and errors. All these checks ensure agencies receive thorough and accurate reports.

Control, verification and random site testing:

Year 4 – 27/28 PMS Update:

Year 4 Scope: Evaluation and Update of Rotation A, Parking Lots, and Yearly Streets Task 0 Project Management
Task 1 Preliminary Investigations
Task 2 Pavement Inspection
Task 3 PMS Update
Task 4 Maintenance and Capital Improvement Plan (CIP)
Task 5 PMS Report & Project Closeout
Task 6 Quality Management
Task 0 Project Management
Consultant will undertake the following as part of Year 4, Task 0:

Based on this discussion, Consultant will develop a firm schedule to track progress of the project and also will establish the format of deliverables that will be most useful to the City.

Task 1 Preliminary Investigations
Consultant will undertake the following as part of Task 1:

At our first meeting with City staff, Consultant’s project manager will arrange to retrieve any new PMS data, GIS files and drawings. Consultant will review past data, assess recent information and determine the information that is important to the project. Consultant’s project manager will then work with City staff to develop goals and objectives using and incorporating the present data into the pavement management plan and system.

Task 2 Pavement Inspection
Consultant will undertake the following as part of Task 2:

Consultant will assign a Pavement Condition Index (PCI) for each street segment as specified by ASTM D6433 and supported by Consultant’s quality assurance standards, which are designed to ensure accuracy and consistency. Consultant’s inspectors are certified by for quality and consistency with a demonstrated accuracy rate of ± 5 PCI points. Industry standards accepts ± 10 PCI points.

As part of the field review, Consultant will use a vehicle-mounted digital measuring device to measure the length of each street segment and will use a hand-held wheel to measure the width.

Precise measurements are key to accurate cost projections, which are calculated based on pavement area.

Consultant will sample locations on random test sites of ± 2,500 sf. Consultant will annotate the sample location on our rating sheet using footage from the beginning of each road segment.

Task 3 PMS Update
Consultant will undertake the following as part of Task 3 following completion of Task 2:
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Consultant will input the data collected during the visual evaluations in the City’s StreetSaver® database using MTC’s Mobile Rater. This speeds project completion and increases accuracy.

This will provide updated PCI’s for each of the segments inspected.

Consultant will utilize StreetSaver® to develop “family curves” for each road or functional classification. Consultant will verify, to the extent possible, and input the last Maintenance and Rehabilitation (M&R) treatment and Date for each segment. Also, Consultant will update the City’s StreetSaver®database with ADT data, provided by the City, for the Arterial and Collector Streets,
As part of the update, Consultant will review the City’s current street segmentation and how the roads are being used to make sure any analysis is consistent with the use of recommended maintenance and rehabilitation strategies.

Task 4 Maintenance and Capital Improvement Plan (CIP)
Consultant will undertake the following as part of Task 4:

Task 5 PMS Report & Project Closeout
Consultant will undertake the following as Task 5:

Consultant will prepare one copy of the PMS report in an indexed binder for the City’s review.

After the review, Consultant will prepare an updated final report containing all relevant information in a PDF format on a computer disk. Both the print and the electronic report will contain the following information:
● Executive summary
● Budget needs scenarios
● Network replacement costs
● Proposed future budget levels
● Budget scenarios including
○ a scenario to maintain roadways at the existing PCI;
○ a scenario to increase the current PCI by 5 points; and ○ a scenario to show the potential PCI for roadways over five to ten years using current funding levels or a specified time range determined by the City ● A section description report for all street segments, sorted by Neighborhood 32 of 50
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● Street sections selected for recommended treatments during the specified years with estimated costs
● Maps and exhibits.
● Maps, Exhibits, GIS Shapefile and Spreadsheet Export
As an option, Consultant can provide a presentation for the City Council that summarizes the report and provides guidance on pavement principles and practices.

Task 6 Quality Management
Consultant will provide the following quality assurances in Task 6 as part of the overall scope of work:

A quality pavement management system is only as good to its user as the data that is input.

Maintaining and improving the quality of a PMS is crucial to the success of the creation or update to a Pavement Management system. Consultant will strive for accuracy and precision, so our Quality Control Plan compares the latest PCI’s of newly rated street segments to prior PCI’s from the last PMS update. Street segments with PCI’s that have increased in PCI, without any maintenance and rehabilitation, and street segments with PCI’s that have dropped more than 3 PCI points per year, since their last rating, will be
identified and reviewed in the field by an engineer or senior engineering technician. At Consultant, to strive for a +/- 5 PCI points when comparing initial ratings versus QC ratings.

Consultant will review a minimum of 10% of the segments as part of the QC review.

Trained and certified staff:

Equipment verification:

Consultant’s PMS crew typically perform a series of data checks in the field after collecting and processing the data according to strict procedures. The PMS project manager reviews the data for accuracy and completeness before a PMS data technician compiles the final database according the agency’s locations and mapping system. He also works with the data technician to recheck segment lengths and looks for any missing segments or data elements. This includes a verification of the Functional Classification of each segment to ensure that it complies with Caltrans Specifications. Consultant’s data technician then reviews the entire database for formatting, missing information and errors. All these checks ensure agencies receive thorough and accurate reports.

Control, verification and random site testing:

EXHIBIT B

CONSULTANT/PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and PAVEMENT ENGINEERING INC.)

SCHEDULE OF COMPENSATION

City of Oxnard
FY24/25 (Year 1) Pavement Management System Update Fees .

Year 1 - Task 1 – Preliminary Investigations
Position Units Unit Rate Total
Principal Engineer 6 $260 $1,560
Project Manager 13 $155 $2,015
Year 1 - Task 1 fee $3,575
Year 1 - Task 2 – Pavement Inspection
Position Units Unit Rate Total
Project Manager 13 $155 $2,015
PMS Data Technician 40 $100 $4,000
PMS Inspection Team 202 $200 $40,400
Per Diem 25 $300 $7,500
Year 1 - Task 2 fee $53,915
Year 1 - Task 3 – PMS Update and Quality Management
Position Units Unit Rate Total
Principal Engineer 4 $260 $1,040
Project Manager 19 $155 $2,945
PMS Quality Control 69 $155 $10,695
PMS Data Technician 58 $100 $5,800
PMS Clerical 7 $85 $595
Year 1 - Task 3 fee $21,075
Year 1 - Task 4 - Maintenance and Capital Improvement Plan (CIP) Position Units Unit Rate Total
Principal Engineer 5 $260 $1,300
Project Manager 22 $155 $3,410
PMS Data Technician 58 $100 $5,800
PMS Clerical 7 $85 $595
Year 1 - Task 4 fee $11,105
Year 1 - Task 5 – PMS Report & Project Closeout
Position Units Unit Rate Total
Principal Engineer 6 $260 $1,560
Project Manager 21 $155 $3,255
PMS Data Technician 58 $100 $5,800
PMS Clerical 7 $85 $595
Year 1 - Task 5 fee $11,210
Year 1 Estimated Fees $100,880
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City of Oxnard
FY25/26 (Year 2) Pavement Management System Update Fees

Year 2 - Task 1 – Preliminary Investigations
Position Units Unit Rate Total
Principal Engineer 5 $260 $1,300
Project Manager 12 $155 $1,860
Year 2 - Task 1 fee $3,160
Year 2 - Task 2 – Pavement Inspection
Position Units Unit Rate Total
Project Manager 12 $155 $1,860
PMS Data Technician 35 $100 $3,500
PMS Inspection Team 176 $200 $35,200
Per Diem 22 $300 $6,600
Year 2 - Task 2 fee $47,160
Year 2 - Task 3 – PMS Update and Quality Management
Position Units Unit Rate Total
Principal Engineer 3 $260 $780
Project Manager 17 $155 $2,635
PMS Quality Control 61 $155 $9,455
PMS Data Technician 51 $100 $5,100
PMS Clerical 6 $85 $510
Year 2 - Task 3 fee $18,480
Year 2 - Task 4 - Maintenance and Capital Improvement Plan (CIP) Position Units Unit Rate Total
Principal Engineer 4 $260 $1,040
Project Manager 20 $155 $3,100
PMS Data Technician 51 $100 $5,100
PMS Clerical 6 $85 $510
Year 2 - Task 4 fee $9,750
Year 2 - Task 5 – PMS Report & Project Closeout
Position Units Unit Rate Total
Principal Engineer 5 $260 $1,300
Project Manager 19 $155 $2,945
PMS Data Technician 51 $100 $5,100
PMS Clerical 6 $85 $510
Year 2 - Task 5 fee $9,855
Year 2 Estimated Fees $88,405

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City of Oxnard
FY26/27 (Year 3) Pavement Management System Update Fees

Year 3 - Task 1 – Preliminary Investigations
Position Units Unit Rate Total
Principal Engineer 7 $260 $1,820
Project Manager 12 $155 $1,860
Year 3 - Task 1 fee $3,680
Year 3 - Task 2 – Pavement Inspection
Position Units Unit Rate Total
Project Manager 12 $155 $1,860
PMS Data Technician 38 $100 $3,800
PMS Inspection Team 187 $200 $37,400
Per Diem 24 $300 $7,200
Year 3 - Task 2 fee $50,260
Year 3 - Task 3 – PMS Update and Quality Management
Position Units Unit Rate Total
Principal Engineer 4 $260 $1,040
Project Manager 18 $155 $2,790
PMS Quality Control 65 $155 $10,075
PMS Data Technician 54 $100 $5,400
PMS Clerical 7 $85 $595
Year 3 - Task 3 fee $19,900
Year 3 - Task 4 - Maintenance and Capital Improvement Plan (CIP) Position Units Unit Rate Total
Principal Engineer 5 $260 $1,300
Project Manager 21 $155 $3,255
PMS Data Technician 54 $100 $5,400
PMS Clerical 7 $85 $595
Year 3 - Task 4 fee $10,550
Year 3 - Task 5 – PMS Report & Project Closeout
Position Units Unit Rate Total
Principal Engineer 7 $260 $1,820
Project Manager 20 $155 $3,100
PMS Data Technician 54 $100 $5,400
PMS Clerical 7 $85 $595
Year 3 - Task 5 fee $10,915
Year 3 Estimated Fees $95,305

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City of Oxnard
FY27/28 (Year 4) Pavement Management System Update Fees Year 4 - Task 1 – Preliminary Investigations
Position Units Unit Rate Total
Principal Engineer 6 $260 $1,560
Project Manager 13 $155 $2,015
Year 4 - Task 1 fee $3,575
Year 4 - Task 2 – Pavement Inspection
Position Units Unit Rate Total
Project Manager 13 $155 $2,015
PMS Data Technician 40 $100 $4,000
PMS Inspection Team 202 $200 $40,400
Per Diem 25 $300 $7,500
Year 4 - Task 2 fee $53,915
Year 4 - Task 3 – PMS Update and Quality Management
Position Units Unit Rate Total
Principal Engineer 4 $260 $1,040
Project Manager 19 $155 $2,945
PMS Quality Control 69 $155 $10,695
PMS Data Technician 58 $100 $5,800
PMS Clerical 7 $85 $595
Year 4 - Task 3 fee $21,075
Year 4 - Task 4 - Maintenance and Capital Improvement Plan (CIP) Position Units Unit Rate Total
Principal Engineer 5 $260 $1,300
Project Manager 22 $155 $3,410
PMS Data Technician 58 $100 $5,800
PMS Clerical 7 $85 $595
Year 4 - Task 4 fee $11,105
Year 4 - Task 5 – PMS Report & Project Closeout
Position Units Unit Rate Total
Principal Engineer 6 $260 $1,560
Project Manager 21 $155 $3,255
PMS Data Technician 58 $100 $5,800
PMS Clerical 7 $85 $595
Year 4 - Task 5 fee $11,210
Year 4 Estimated Fees $100,880
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Engineering Services
Senior Principal Engineer $260/hr
Principal Engineer $240/hr
Senior Associate Engineer $215/hr
Associate Engineer $190/hr
Assistant Engineer $185/hr
Technical Services
Project & Construction Managers $155/hr
Senior Engineering Technician $155/hr
Engineering Technician $130/hr
PMS Field/ Data Technician $100/hr
PW Inspector* $155/hr
Clerical $85/hr
Field Services
PW Deflection Testing $575/hr
PW Deflection Testing Travel $375/hr
PW Coring** $450/hr
PW Traffic Control* $300/hr
PW Coring/ Traffic Control Travel* $380/hr
Basis of Charges
Miscellaneous Charges
Equipment rental, reproductions, testing (other than
by PEI), photographic expenses and other outside services: ................................ Cost + 15% PEI Professional Fee Schedule 2024
Agreement No. 32500012
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EXHIBIT C

CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and PAVEMENT ENGINEERING 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
(WITH ERRORS AND OMISSIONS REQUIREMENT)

1. Consultant shall obtain and maintain during the performance of any services under this Agreement the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Consultant, its agents, representatives, employees or subconsultants. a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project or shall be twice the occurrence amount; b. Business automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office automobile liability coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;” c. Professional liability/errors and omissions insurance appropriate to Consultant’s profession to a minimum coverage of $1,000,000, with neither Consultant nor listed subconsultants having less than $500,000 individually. The professional liability/errors and omissions insurance must be project specific with at least a one year extended reporting period, or longer upon request.
d. Workers’ compensation insurance in compliance with the laws of the State of California, and employer’s liability insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.

2. Consultant shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-A. The certificates and endorsements for 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 commencement of services. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email. If you have not received your request or are having difficulty with electronic upload, contact [email protected]

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

Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk 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. Consultant agrees that the commercial general liability and business automobile liability insurance policies shall be endorsed to name City, its City Council, officers, employees, agents and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees, agents and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-A or substitute forms containing the same information and acceptable to the Risk Manager 40 of 50
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shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).

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

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

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

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

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

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ACORD CERTIFICATE OF INSURANCE ISSUE DA TE (MM/DD/YY)

PRODUCER

THIS CERTIFICA TE IS ISSUED AS A MA TTER OF INFORMA TION ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICA TE HOLDER. THIS CERTIFICA TE 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 THA T THE POLICIES OF INSURANCE LISTED BELOW HA VE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY

PERIOD INDICA TED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO

WHICH THIS CERTIFICA TE 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 HA VE BEEN REDUCED BY PAID CLAIMS.

CO
LTR

TYPE OF INSURANCE POLICY
NUMBER
POLICY

EFFECTIVE
DATE
(MM/DD/YY)
POLICY

EXPIRATION

DATE (MM/DD/YY)
LIMITS

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

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

A AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

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

A EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA
FORM
EACH OCCURRENCE $
AGGREGA TE $

A WORKERS'

COMPENSATION
AND

EMPLOYERS' LIABILITY

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

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

DESCRIPTION OF OPERA TIONS/LOCA TIONS/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 EXPIRA TION DA TE THEREOF, THE ISSUING COMPANY WILL ENDEA VOR TO MAIL 30

DAYS WRITTEN NOTICE TO THE CERTIFICA TE HOLDER NAMED TO THE LEFT, BUT

FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGA TION OR LIABILITY OF ANY KIND UPON THE COMPANY , ITS AGENTS OR REPRESENTA TIVES.

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

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

InsuranceCompany:

PolicyNo.:

PolicyPeriod:(from) (to)
LOSSADJUSTMENTEXPENSE ❒ IncludedinLimits
❒ InAdditiontoLimits
Telephone:
❒ Deductible ❒ Self-InsuredRetention(checkwhich)of$
withanAggregateof$ appliesto
coverage. ❒ PerOccurrence ❒ PerClaim (which)NAMED INSURED APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the namedinsuredunderall writtenagreementsandpermitsinforcewiththe City unless checked here❒ in which case only the following specific agreements and permitswiththeCityarecovered

CITYAGREEMENTS/PERMITS

TYPE OF INSURANCE

GENERALLIABILITY
❒ COMMERCIALGENERALLIABILITY
❒ COMPREHENSIVEGENERALLIABILITY
❒ OWNERS&CONTRACTORSPROTECTIVE
❒ ClaimsMade
RetroactiveDate
❒ Occurrence

OTHER PROVISIONS

COVERAGES
LIABILITYLIMITSINTHOUSANDS$
EACH

OCCURRENCE

AGGREGATE
❒ GENERAL
❒ PRODUCTS/COMPLETEDOPERATIONS
❒ PERSONAL&ADVERTISINGINJURY
❒ FIREDAMAGE
❒
❒
CLAIMS: Underwriter’srepresentativeforclaimspursuanttothis insurance.

Name:

Address:

Telephone: ( )
In consideration of the premium charged and notwithstanding anyinconsistentstatementinthepolicytowhichthisendorsementisattachedoranyendorsement noworhereafterattachedthereto,insurancecompanyagreesasfollows:

1. INSURED. The City,itsofficers,agents,employeesandvolunteersareincludedasinsuredswithregardtoliabilityanddefenseofsuitsarisingfromtheoperations,productsandactivities performedbyoronbehalfofthenamedinsured.

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, theinsuranceaffordedbythispolicyshall beprimaryinsuranceasrespectstheCity,itsofficers,agents,employeesorvolunteers;orstandinan unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by theCity,itsofficers,agents,employeesor volunteersshall beinexcessofthisinsuranceandshall notcontributewithit.

3. SEVERABILITY OF INTEREST . This insurance applies separately to each insured against whom claimismadeorsuitisbroughtexceptwithrespecttothecompany’slimitsofliability.

Theinclusionofanypersonororganizationasaninsuredshall notaffectanyrightwhichsuchpersonororganizationwouldhaveasaclaimantifnotsoincluded.

4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits exceptafterthirty(30)daysprior writtennoticebyreceipteddeliveryhasbeengiventotheCity.

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 providedtotheCity,itsofficers,agents,employeesorvolunteers.

6. SCOPE OF COVERAGE. Thispolicy,ifprimary,affordscoverageatleastasbroadas:
a. InsuranceServicesOfficeCommercial General LiabilityCoverage,“occurrence”formCG0001;or b. Ifexcess,affordscoveragewhichisatleastasbroadastheprimaryinsuranceformCG0001.

Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policytowhichthis endorsementisattached.

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 thatIhaveauthorityto
bindtheabove-mentionedinsurancecompanyandbymysignaturehereondosobind thiscompanytothisendorsement.

Signature
(original signature required)
Telephone:( ) DateSigned:
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AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)

SUBMIT IN DUPLICATE
ENDORSEMENTNO. ISSUEDATE(MM/DD/YY)
PRODUCER POLICY INFORMATION:

InsuranceCompany:

PolicyNo.:

PolicyPeriod:(from) (to)
LOSSADJUSTMENTEXPENSE ❒ IncludedinLimits
❒ InAdditiontoLimits
Telephone:
❒ Deductible ❒ Self-InsuredRetention(checkwhich)of$
withanAggregateof$ appliesto
coverage. ❒ PerOccurrence ❒ PerClaim (which)NAMED INSURED APPLICABILITY. Thisinsurancepertainstotheoperations,productsand/or tenancyofthenamedinsuredunderall writtenagreementsandpermitsinforcewith theCityunlesscheckedhere ❒ inwhichcaseonlythefollowingspecificagreements andpermitswiththeCityarecovered:

CITY AGREEMENTS/PERMITS

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

LIMIT OF LIABILITY
CLAIMS: Underwriter’srepresentativeforclaimspursuanttothis 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 endorsementnoworhereafterattachedthereto,insurancecompanyagreesasfollows:

1. INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of suits arising from the operations,productsand activitiesperformedbyoronbehalfofthenamedinsured.

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of theCity;or(b)productssoldbythenamedinsuredtotheCity;or(c) premises leased by the named insured from the City,theinsuranceaffordedbythispolicyshall beprimaryinsuranceasrespectstheCity,itsofficers,agents,employeesorvolunteers;orstandin an unbroken chain of coverage excess of the namedinsured’sscheduledunderlyingprimarycoverage. Ineitherevent,anyotherinsurancemaintainedbytheCity,itsofficers,agents,employees orvolunteersshall beinexcessofthisinsuranceandshall notcontributewithit.

3. SEVERABILITY OF INTEREST . Thisinsuranceappliesseparatelytoeachinsuredagainstwhomclaimismadeorsuitisbroughtexceptwithrespecttothecompany’slimitsofliability.

Theinclusionofanypersonororganizationasaninsuredshall notaffectanyrightwhichsuchpersonororganizationwouldhaveasaclaimantifnotsoincluded.

4. CANCELLATION NOTICE. With respect to the interests of the City, thisinsuranceshall notbecanceled,ormateriallyreducedincoverageorlimitsexceptafterthirty(30)daysprior writtennoticebyreceipteddeliveryhasbeengiventotheCity.

5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions ofthepolicyorbreachesorviolationsofwarrantiesshall notaffectcoverage providedtotheCity,itsofficers,agents,employeesorvolunteers.

6. SCOPE OF COVERAGE. Thispolicy,ifprimary,affordscoverageatleastasbroadas:
a. InsuranceServicesOfficeAutomobileLiabilityCoverage,“occurrence”formCA0001,code("anyauto");or b. Ifexcess,affordscoveragewhichisatleastasbroadastheprimaryinsuranceformreferencedintheprecedingsection(1).

Except as stated above nothing herein shall be held to waive, alterorextendanyofthelimits,conditions,agreementsorexclusionsofthepolicytowhichthis endorsementisattached.

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 mysignaturehereondosobind thiscompanytothisendorsement.

Signature
(original signature required)
Telephone:( ) DateSigned
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EXHIBIT D

CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and PAVEMENT ENGINEERING INC)

LIVING WAGE POLICY
Pursuant to the Living Wage Policy adopted July 9, 2002 by the CITY Council and effective October 1, 2002, the CITY Manager and CITY Attorney are directed to include the following language in all standard CONSULTANT/Professional Services contracts that may be governed by the Living Wage Policy.

A. CONSULTANT shall compensate any employee of CONSULTANT who provides Services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit. While this Agreement is in effect, CONSULTANT shall pay such employee no less than $18.89 per hour for each hour that such employee provides Services under this Agreement. In addition, while this Agreement is in effect, CONSULTANT shall provide to such employee no less than 96 hours of paid leave per calendar year.

B. CONSULTANT agrees to post, at a location readily accessible to those employees providing Services to the CITY, a copy of the Living Wage Policy adopted by CITY Council on July 9, 2002 and effective October 1, 2002.

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

D. In addition, if CONSULTANT fails to comply with the Living Wage Policy in any manner, CONSULTANT shall pay to CITY a fine of $500 and shall pay to any employee providing Services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. CONSULTANT shall pay such fine and penalty within fifteen (15) calendar days after the CITY Manager or designee provides written notice to CONSULTANT of the amount owed.
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CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2023
CONSULTANT shall compensate any employee of CONSULTANT who provides Services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit D. While this Agreement is in effect, CONSULTANT shall pay such employee no less than $18.89 per hour for each hour that such employee provides Services under this Agreement.

This hourly rate shall be adjusted on July 1, 2024, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982-84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, CONSULTANT shall provide to such employee no less than 96 hours of paid leave per calendar year.
a. CONSULTANT agrees to post, at a location readily accessible to those employees providing Services to the CITY, a copy of the Living Wage Policy adopted by the Oxnard CITY Council on July 9, 2002 and effective October 1, 2002. b. If CONSULTANT fails to compensate such employee pursuant to the Living Wage Policy, the CITY Manager or designee shall terminate this Agreement on written notice to CONSULTANT, effective immediately.
c. In addition, if CONSULTANT fails to comply with the Living Wage Policy in any manner, CONSULTANT shall pay to CITY a fine of $500 and shall pay to any employee providing Services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. CONSULTANT shall pay such fine and penalty within fifteen (15) calendar days after the CITY Manager or designee provides written notice to CONSULTANT of the amount owed.
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EXHIBIT E

CONSULTANT/PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and PAVEMENT ENGINEERING INC)

PREVAILING WAGE

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

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

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

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

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

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

6. CONSULTANT shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations. Before commencing work under this Agreement, CONSULTANT shall provide CITY with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding the Project, CONSULTANT 48 of 50
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and each of its subcontractors shall submit to CITY a verified statement of the journeyman and apprentice hours performed under this Agreement.

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

8. CONSULTANT is not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. CONSULTANT shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provision does not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.

9. CONSULTANT acknowledges that 8 hours labor constitutes a legal day’s work.

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

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

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

12. CONSULTANT shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. CONSULTANT shall include in the written contract between it and each subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statutory provisions. CONSULTANT shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ compliance, including without limitation, conducting a periodic review of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified prevailing rate of wages, CONSULTANT shall diligently take corrective action to halt or rectify any failure.
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Agreement No. 32500012

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

Pavement Engineering Inc.

Response to:

RFP # PW24-83
Pavement Management System Update
March 11, 2024
428
MP24-138March 11, 2024
Ms. Sandra Borjas
City of Oxnard
300 West Third Street
Oxnard, CA 93030
Subject: City of Oxnard – Proposal for Pavement Management System Update (RFP# PW24-83) Dear Sandra,
Pavement Engineering Inc. (PEI) appreciates the opportunity to respond to the City of Oxnard’s RFP to provide services for the Pavement Management System Update. Based on our many years of work with public agencies throughout California, we are confident we can assist the City in succes sfully updating the City’s pavement management system. We understand these pavement engineering services include but are not limited to evaluating the condition of City streets and alleys, updating PMS StreetSaver software and GIS system products, evaluating street maintenance and repair techniques, and developing a street maintenance capital improvement plan.

We are once again looking forward to updating the City’s Pavement Management System (PMS) and have prepared and enclosed a response to the City’s RFP. We have performed thes e services for many cities and counties throughout California, including Oxnard, and are well- prepared to perform this service again using the City’s StreetSaver® program. Because of our past work for the City, I believe PEI has unique insight into the condition of the City’s streets, which is an asset when it comes to PMS services. We can do this work efficiently and economically. We understand the period of performance anticipated for this solicitation shall be for four years, with each year renewable in one year increments.

We value our relationship with the City of Oxnard and our commitment to the City is to always deliver the highest quality of work on time, on budget and with honesty and unparalleled professionalism. As our slogan says, “You can ride on our reputation.” Joe Seely will be the main contact person for all related correspondence between PEI and the City.

Very truly yours,
Joseph L. Ririe, P.E.

President & Senior Principal Engineer
Phone: 805.781.2265
[email protected]
Corporate Office
3485 Sacramento Drive, Suite A
San Luis Obispo, CA 93401
Joseph M. Seely
Project Manager
Phone: 805.441.4843
[email protected]
26007 Huntington Lane, Unit 5
Santa Clarita, CA 91355
429
Page
Cover Letter .................................................................................................. Unnumbered Table of Contents ............................................................................................................ 0 Tab A: Proposal Checklist ............................................................................................... 1 Tab B: Company Profile / Experience ............................................................................. 4 Tab C: Acknowledgement ............................................................................................... 7 Tab D: Scope of Services ................................................................................................31 Tab E: References ..........................................................................................................33 Tab F: Cost / Budget Narrative ........................................................................................36 Tab G: Bidder Attachment ...............................................................................................43 Table of Contents
430
Tab A: Proposal Checklist

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431
City of Oxnard Solicitation # PW24-83
Purchasing Division Bid Close Date: 03/11/24 on or before 2:00 PM PT.

Tab A – Proposal Checklist
Instructions:
a) This section must be filled in and each item checked off to ensure all items requested by the City in this solicitation have been submitted.
b) Follow the instructions in each section of this solicitation. c) Present all requested items in the index tabs ordered A through G as shown. d) Label each item presented and include additional items on your table of contents. e) All proposals must include a detailed description of each proposed service to be provided. f) Proposers that do not follow the bid instructions found in the separate document titled “Terms and Conditions” may be found to be “non-responsive” and disqualified from the bid process.

Name of Company:

Service to provide:

Main Point of Contact:

E-mail: Phone:

Tab A Proposal Submission Checklist
General Proposer Information
Please provide one copy of the following items in your proposal. Indicate the page number where the item is located.

Page Number
Tab A: Proposal Checklist (this page) ...............................................................

Tab B: Company Profile/ Experience ................................................................

Tab C: Acknowledgements ................................................................................

Tab D: Scope of Services ...................................................................................

Tab E: References ..............................................................................................

Tab F: Cost/Budget Narrative ...........................................................................

Tab G: Bidder Attachment .................................................................................

Pavement Engineering Inc.

Pavement Management System Update
Joe Seely (Project Manager)
[email protected] 805-781-2265

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2 44
5 8
32 37
34 x
x
x
x
x
x
x
432
433
Tab B: Company Profile / Experience

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434
City of Oxnard Solicitation # PW24-83
Purchasing Division Bid Close Date: 03/11/24 on or before 2:00 PM PT.

Tab B - Company Profile/Experience
This section of the proposal is designed to establish the bidder as an entity with the ability and experience to operate the program as specified in the solicitation. The Company Profile should be concise and clear, including descriptive information regarding service delivery. The following information must be provided as follows:

1. Business name and legal business status (i.e. partnership, corporation, etc.).

BIDDER’S RESPONSE:

2. Company overview and disclosure of services or activities performed, including:
a. The City of Oxnard is a public agency with a City Council composed of elected officials. The elected officials are restricted from voting on any action concerning a contract whose owners have made a campaign contribution of $250 or more in the previous 12 months. To assist them in their decision making process, please indicate the owners of the company and if any contributions were made to the Elected Officials.
b. Company hierarchy (President, Vice President, Company Officers, etc.) and an organizational chart. The organizational chart shall clearly identify all staff members that will provide services under this contract.
c. The number of years in business under the present business name, as well as prior business names, and the number of years of experience providing the proposed, equivalent or related services.
d. Location of the office from which the work under this contract will be provided and the staff allocation at that office.
a. BIDDER’S RESPONSE:
b. BIDDER’S RESPONSE:
c. BIDDER’S RESPONSE:
d. BIDDER’S RESPONSE:

3. Provide any financial interests in any other business. Individuals who are personally performing the contracted services and governmental agencies are exempt from this requirement. If exempt, please indicate with an “N/A” in the box below.

BIDDER’S RESPONSE:

4. An explanation of any litigation involving the Bidder or any principal officers thereof in connection with any contract. Is your firm, or the principals associated with your firm, under investigation, being sued, suing, or affiliated in any lawsuit or alternative dispute resolution with any governmental agency? If so, please provide details.

BIDDER’S RESPONSE:

Pavement Engineering Inc. C Corporation CA
No Contributions were made to any Elected Officals
See Attachment #2
35 Years in Business, 26 Years of PMS Services
See Attachment #4
None
None

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435
City of Oxnard Solicitation # PW24-83
Purchasing Division Bid Close Date: 03/11/24 on or before 2:00 PM PT.

5. List the members of your organization who are authorized to negotiate the Agreement. Please provide an email address.

BIDDER’S RESPONSE:

6. Credentials/Resumes/Certifications/Licenses:

This section shall state all employees/subcontractors responsible for administering or providing services. Provide a summary list of the organizational personnel that will actively participate and contribute their skills to this project. Include in this list the individual’s name, job title, work location and relevant experience in projects of similar size and complexity. (Responses may be one page per individual.)
Bidder shall specifically provide the following information on all employees to be providing services related to this solicitation:
a. Position Title
b. Current Responsibilities
c. Qualifications/Experiences
d. Education
e. Certifications/licenses, if applicable
f. List other pertinent information that will assist in evaluating Bidder’s qualifications. a. BIDDER’S RESPONSE:
b. BIDDER’S RESPONSE:
c. BIDDER’S RESPONSE:
d. BIDDER’S RESPONSE:
e. BIDDER’S RESPONSE:
f. BIDDER’S RESPONSE:

Bidder can add as many sections to this bid response box as they need to state all employees providing services.

Joseph L. Ririe, P.E. [email protected]
See Attachment #4
See Attachment #4
See Attachment #4
See Attachment #4
See Attachment #4
See Attachment #4

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436
Tab C: Acknowledgement

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437
City of Oxnard Solicitation # PW24-83
Purchasing Division Bid Close Date: 03/11/24 on or before 2:00 PM PT.

Tab C - Acknowledgement

1. Clarifications, Exceptions, or Deviations
All Bidder(s) shall describe any exception or deviation from the requirements of the solicitation.

Each clarification, exception, or deviation must be clearly identified. If your company/firm/sole proprietorship have no clarifications, exceptions, or deviations, a statement to that effect shall be included in this section. The sample service agreement is a separate attachment discussed in the solicitation labeled “Sample Agreement" and “Bidder Terms and Conditions” document located on the Public Purchase website and incorporated herein by this reference.

The following contractual terms are non-negotiable:
a. Termination
b. Indemnification
c. Limitation of Liability
d. Insurance
e. Conflict of Interest
f. Governing Law
g. Assignability of Agreement
Do you have any other exceptions/deviations? If so, please identify the exception and provide an explanation:

BIDDER’S RESPONSE:

2. Evidence of Insurability/Business Licenses
All Bidder(s) shall submit evidence of all required insurance. If awarded the contract the Bidder has ten (10) calendar days to produce the required insurances, including a certified endorsement naming the City as additionally insured. The Bidder shall certify to the possession of any and all current required licenses or certifications. Bidder must provide a copy of current business license or other applicable licenses.

3. Transition (If applicable)
Upon expiration or termination of this Agreement for any reason, during the transition close-out period the Contractor agrees to:
a. Continue delivering services until notified otherwise; and b. Assist the City in the orderly transition and transfer of all collaborations and committees to the City and the subsequent Contractor(s); and
c. Provide, in a timely manner, all file and information deemed necessary by the City for use in subsequent contracting activities without additional cost to the City or the new Contractor(s), upon termination or expiration of this Agreement for any reason; and d. Cooperate with the City during a transition close -out period to ensure orderly and seamless delivery of services to the City.

No Exceptions Taken

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438

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

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

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

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. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
6/28/2023
Andreini & Company-San Mateo
220 West 20th Ave
San Mateo CA 94403
(650) 573-1111
(650) 378-4361
Travelers Prop Cas Co of Amer
25674
PAVEM-2
Travelers Indemnity Co of CT
25682
Pavement Engineering, Inc.
3485 Sacramento Drive Suite A
San Luis Obispo CA 93401
QBE Specialty Insurance Co.
11515
1794708363
B
X
2,000,000
X
1,000,000
5,000
2,000,000
4,000,000
X
Y
6802J662417
7/1/2023
7/1/2024
4,000,000
A
1,000,000
X
X
X
Y
BA9P837312
7/1/2023
7/1/2024
A
X
X
5,000,000
CUP8E106024
7/1/2023
7/1/2024
5,000,000
X
0 A
X
Y
UB3H526004
7/1/2023
7/1/2024
1,000,000
1,000,000
1,000,000
C
Professional Liability
Claims Made
HUN0007102
7/1/2023
7/1/2024
Each Claim
Aggregate
Deductible
2,000,000
2,000,000
$50,000
Policy provisions apply only when required by written contract, and are limited to the operations of the Insured under said contract.

Excess/Umbrella Liability is following form of the underlying General Liability, Auto Liability and Employer's Liability policies ONLY.

Re: Project #: MP19-410 The City of Oxnard, its City Council, officers, employees, agents and volunteers are named Additional Insured as respects liability arising out of activities performed by or on behalf of Consultant with regard to General and Auto Liability and Waivers of Subrogation, if required by written contract, per attached endorsements. General Aggregate limit is on a per project basis. The coverages provided to the City are primary and not contributing to See Attached...

City of Oxnard
Insurance Compliance
Reference No. PW20-04
P.O. Box 100085 - OX
Duluth GA 30096

Page 9 of 79 ends

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:

ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY CUSTOMER ID:

LOC #:

AGENCY

CARRIER NAIC CODE

POLICY NUMBER

NAMED INSURED
EFFECTIVE DATE:

PAVEM-2
1 1
Andreini & Company-San Mateo
Pavement Engineering, Inc.
3485 Sacramento Drive Suite A
San Luis Obispo CA 93401
25 CERTIFICATE OF LIABILITY INSURANCE
or in excess of any existing City insurance or self insurance coverages per attached endorsements. Insurance applies separately to each insured per attached endorsement. Workers' Compensation Waiver of Subrogation applies per attached endorsement. Notice of Cancellation will be delivered in accordance with the attached policy provisions.

Page 10 of 79 ends

440
POLICY NUMBER:

BA9P837312

Page 11 of 79 ends

441
POLICY NUMBER:

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442
POLICY NUMBER:

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Page 15 of 79 ends

Public Works & Transportation CommitteeMay 14, 2024

Public Works & Transportation Committee
May 14, 2024