Agenda packet — Oxnard City Council, September 3, 2024 (part 3 of 3)

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DISCUSSION

The notice inviting formal bids (NIFB) on the Project was published on May 30, 2024, and all bids were due on July 2, 2024. The City received the following bids:

Eco Energy Solutions, Inc. dba High Volt Electric: $467,552 PC Inc.: $560,215

The lowest bidder is Eco Energy Solutions, Inc. dba High Volt Electric (Eco Energy), and its bid is responsive to the City’s NIFB. Following this determination, procurement staff reviewed all documentation received from Eco Energy.

Procurement staff verified possession of required currently valid licenses, reviewed the federal Occupational Safety and Health Administration (OSHA) website for safety violations, and verified registration with the California Department of Industrial Relations (DIR). Based upon the available information and research performed to date, staff believes that the contractor is capable of satisfactorily completing the project. Thus, staff recommends that the City Council award the contract for this Project to Eco Energy.

In addition to the project award amount of $467,552, Staff recommends authorizing $116,888 for the project, which includes $70,133 for project contingency (15% of the contract costs) and $46,755 for the cost for engineering services and City staff (10% of the contract cost). Engineering services include the following activities during construction:
engineering, inspection, survey and project management. The 15% project contingency has been requested to cover unforeseen conditions including extent of concrete/asphalt demolition, hardscape restoration, and unknown buried utilities in the parking lot. These recommendations bring the total estimated cost of the project to $584,440.

Public Works Engineering has actively coordinated with the Police Department throughout the design process including minimizing impacts to parking and planning for the electrical cutover to the new generator. Upon delivery of the new generator, which is a long lead time item, actual construction is anticipated to take 3-months.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The total cost for this Project shall not exceed $584,440 which includes the construction agreement, contingency, and project allocation. The City was previously awarded grant funds for $300,120 approved by Council on July 21, 2020.

FEMA has since approved an additional $290,955 with a total amount of $591,075 in federal grant funding for this project (75% of $788,100 previously reported to FEMA) and with a required local City match of 25% equivalent to $197,025. The total project costs are significantly lower than originally estimated. This grant funding only covers eligible construction costs and does not include any design, project contingency or previous minor project expenses not eligible for the grant. Any unused grant funds will be returned to the granting agency and any unused City funds will be returned to the fund balance.

Grant funding is expected to cover $403,263.75 of the total project costs of $584,440 with the City covering the remainder cost of $181,176.25 utilizing General Fund and Measure O funds. The City is required to pay for any non-grant eligible expenses in addition to the required 25% local match, such as the project contingency costs for engineering, inspection, survey, and project management. The FY2024-25 adopted budget includes sufficient appropriations for this project.

POLICE STATION EMERGENCY BACKUP GENERATOR (C2036)
Fund Fund Name Project
Budget
Available Project
Budget
Planned Use of
Funds
101 General Fund $100,040 $72,344 $72,344
300
104 Measure O $800,000 $797,807 $108,832
200 Federal
Grant
$591,075 $590,625 $403,264
TOTAL $1,491,115 $1,460,776 $584,440

COMMITTEE OUTCOME

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

Prepared by: Timothy Beaman, Assistant Public Works Director

ATTACHMENTS

1. Agreement 32500079 Eco Energy PD 22-66

2. July 21, 2020 Staff Report

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Agreement No: 32500079
1 CONSTRUCTION CONTRACT FOR

MAIN POLICE STATION EMERGENCY BACKUP GENERATOR PROJECT
SPECIFICATION NO. PD 22-66

BY AND BETWEEN

THE CITY OF OXNARD
AND ECO ENERGY SOLUTIONS INC., dba HIGH VOLT ELECTRIC

THIS CONSTRUCTION CONTRACT (the “Contract”) is made and entered this ______ day of _____________, 2024 (“Effective Date”), by and between the CITY OF OXNARD, a California municipal corporation (“City”) and ECO ENERGY SOLUTIONS, INC., dba HIGH VOLT ELECTRIC (“Contractor”).

Contractor’s license number is 963370. The City and Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.”
WHEREAS, the City requires construction of the MAIN POLICE STATION EMERGENCY BACKUP GENERATOR PROJECT as more fully described in the bid package issued by the City for SPECIFICATION NO. PD 22-66 (the “Project”); and

WHEREAS, on May, 30, 2024, the City issued a Notice Inviting Bids and Contract Documents to prospective bidders for the Project. In response, Contractor submitted a Bid which the City determined to be the lowest responsive and responsible bid; and
WHEREAS, Contractor is a duly organized corporation in good standing in the State of California, and represents that it has the background, knowledge, experience, expertise and resources to perform the Work and other obligations encompassed by this Contract; and WHEREAS, at its meeting held on ________________________, the Oxnard City Council duly accepted Contractor’s Bid Proposal for the Project and directed that a written agreement for the Project be entered into with Contractor.

WHEREAS, in light of the facts set forth above and the certifications made by Contractor as part of its Bid, the City desires to retain Contractor to perform the construction Work for the Project as set forth in this Contract and in the Contract Documents, as hereinafter described.

NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND PROMISES

CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO AGREE AS FOLLOWS:

1. RECITALS

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

2. CONTRACT DOCUMENTS; ORDER OF PRECEDENCE

A. Contract Documents. The Contract Documents consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference. Said Contact Documents 302
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2 are complementary; what is called for in one is binding as if called for in all, and together constitutes Contractor’s performance obligations:

1. Contract and its attached Exhibits, subject to the limitations in Sections 10 (“Prevailing Wage”) and 24 (“Ambiguities”) with respect to Exhibit “A” (Contractor’s submitted Bid Proposal as accepted by the City);

2. Change Orders issued and approved by the City;

3. Regulatory Permits from other agencies specified in Appendices A and B of the bid package or as may otherwise be required by law;

4. Bid Addenda issued by the City;

5. Notice Inviting Bids and Instructions to Bidders;

6. Special Provisions

7. General Provisions

8. Appendices

9. Plans

10. Bid Forms and attachment thereto;

11. Performance Bond;

12. Payment Bond.

3. CONTRACTOR’S OBLIGATIONS

A. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents.

Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents, and to the satisfaction of the Public Works Director or his/her designee (hereinafter the “Project Manager”).

B. Until the acceptance of the Work, the Contractor shall have the responsible charge and care of the Work and of the materials to be used therein, (including materials for which partial payment has been received or materials which have been furnished by the Owner), and shall bear the risk of injury, loss or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the nonexecution of the Work.

C. The Contractor shall rebuild, repair, restore, and make good all injuries, losses, damages to any portion of the Work or the materials occasioned by any cause before its completion and acceptance, and shall bear the expense thereof. Where necessary to protect the Work or materials from damage, the Contractor shall, at the Contractor’s expense, provide suitable drainage and erect such temporary structures as are necessary to protect the Work or materials from damage.

D. The suspension of the Work from any cause whatever shall not relieve the Contractor of his responsibility for the Work and materials as herein specified. If ordered by the Owner’s Representative, the Contractor shall, at the Contractor’s sole cost and expense, properly store materials which have been partially paid for by the Owner or which have been furnished by the Owner. Such storage by the Contractor shall be on behalf of the Owner, and the Owner shall, at all times, be entitled to the possession of such materials, and the Contractor shall promptly return the same to the site for the work when requested. The Contractor shall not dispose of any of the materials so stored, except with written authorization from the Owner.

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

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

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

4. LICENSES REQUIRED

A. The Contractor shall possess a valid Class A Contractor’s license issued by California State Contractors License Board.

B. If traffic control in a construction zone is required, it must be performed by a State of California Construction Zone Traffic Control Contractor, Specialty License Classification C-31.

C. In accordance with Section 7028.15 of the Business and Professions Code, all Contractors shall be licensed in accordance with the laws of the State of California and any Contractor or Subcontractor not so licensed is subject to the penalties imposed by such laws.

D. The Contractor will also be required to possess a City of Oxnard business license at the time of Contract award.

5. CONTRACT PRICE; PAYMENT AND RETENTION

FOUR HUNDRED SIXTY SEVEN THOUSAND FIVE HUNDRED FIFTY TWO DOLLARS, ($467,552.00) (the “Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with Contractor’s Bid Proposal (attached hereto as Exhibit “A”) subject to the provisions of this Contract and the Contract Documents.

B. Procedures relating to payment and retention are set forth in the Special Provisions.

6. CONTRACT TIME; NOTICE TO PROCEED; TERM

A. Contract Time. The Work under this Agreement shall be diligently prosecuted to completion before expiration of one hundred eighty (180) Working Days, after the issuance of the Notice to Proceed. The City will not issue a Notice to Proceed to the Contractor until this Contract, including payment and performance bonds, insurance documents, business tax certificate have been executed and/or approved by the City.

B. Notice to Proceed. No work, service, material, or equipment shall be performed or furnished under this Contract unless and until a Notice to Proceed has been given to the Contractor by the City. Contractor shall commence Work pursuant to the Contract Documents and as directed by the City in the Notice to Proceed, and diligently execute the same to completion within the Contract Time. Any Work that is 304
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4 done by the Contractor in advance of such time shall be considered as being done at the Contractor’s own risk and responsibility, and as a consequence will be subject to rejection.

C. Term. The Contract is effective as of the Effective Date listed, and shall remain in full force and effect until the Contractor has completed all Work pursuant to the Contract Documents, the City has accepted all Work, and the Contract Term has ended, unless the Contract has been otherwise terminated by the City.

7. DISPUTE RESOLUTION AND CLAIMS PROCEDURES

A. Public Contract Code Section 9204. For purposes of any Public Works Claims filed by a Contractor or Subcontractor (as those terms are defined in Public Contract Code Section 9204) under this Contract, the claims procedures in Public Contract Code Section 9204 (“Section 9204”) and the provisions of this Section shall apply.

1. In the event of a Section 9204 Public Works Claim, Contractor may not stop working pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work during the Section 9204 process.

2. Any Public Works Claims not resolved by the Section 9204 procedures (and/or any tort claims) shall be subject to the provisions of the Government Claims Act (Government Code section 810 et seq.).

B. Public Contract Code Section 20104 et al. For purposes of any Public Works Claims of three hundred and seventy-five thousand dollars ($375,000) or less filed by a Contractor or Subcontractor (as those terms are defined in Public Contract Code Section 9204), the claims procedures in Public Contract Code Section 20104.2 and the provisions of this Section shall apply.

1. In the event of a Section 20104 Public Works Claim, Contractor may not stop working pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work during the Section 20104.2 process.

2. Any Public Works Claims not resolved by the Section 20104.2 procedures (and/or any tort claims) shall be subject to the provisions of Section 20104.4 and the Government Claims Act (Government Code section 810 et seq.).

C. For disputes or claims that do not constitute Public Works Claims, City and Contractor agree to comply with the following process:

1. Each Party shall designate a senior management or executive level representative to negotiate any dispute.

2. The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.

3. If the issue remains unresolved after ten (10) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by negotiation between the legal counsel for each Party. If the above process fails, the Parties may mutually agree to engage in non-binding mediation or arbitration in which the Parties equally share the costs of any mediator or arbitrator, or may proceed with suit or other remedies, subject to the provisions of subparagraph (5) of this Subsection and other applicable provisions and laws.

4. The alternative dispute resolution process set forth herein is a material condition to Contract and must be exhausted as an administrative remedy prior to either Party initiating legal action. 305
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5 5. The provisions of the Government Claims Act (Government Code section 810 et seq.) are also required prior to initiating suit against the City.

8. TERMINATION OF AGREEMENT FOR CONVENIENCE

A. The City may, by providing thirty (30) days' advance written notice to Contractor, terminate this Agreement in whole or in part, whenever the City shall determine that such termination is in the best interests of the City, or when it becomes impracticable or impossible to proceed, or because of conditions or events beyond the control of the City. Any such termination shall be effected by delivery to Contractor of a Notice of Termination for Convenience, specifying the extent to which performance of Work under this Agreement is terminated, and the date upon which such termination becomes effective. Upon such termination, the obligations of the Contractor for portions of the Work already performed shall continue.

B. Upon receipt of a Notice of Termination for Convenience, the Contractor shall, unless the notice directs otherwise, do the following:

1. Immediately discontinue the Work to the extent specified in the notice.

2. Place no further orders or subcontracts for materials, equipment, services, or facilities, except as may be necessary to complete such portion(s) of the Work that are not to be discontinued.

3. Promptly cancel, on the most favorable terms reasonably possible, all subcontracts to the extent that they relate to the performance of the discontinued portion of the Work.

4. Thereafter do only such Work as may be necessary to preserve and protect the Work already in progress and to protect materials, plants, and equipment on the Project site or in transit thereto.

C. Upon such termination, the Contractor will be paid without duplication for:

1. Work completed in accordance with the Contract Documents prior to the effective date of the Notice of Termination for Convenience;

2. Reasonable costs incurred in settlement of terminated contracts with Subcontractors, suppliers and others; and

3. Reasonable expenses directly attributable to termination.

The Contractor shall submit a final termination settlement proposal to the City no later than ninety (90) days from the effective date of termination, unless extended in writing by the City, upon written request by the Contractor. If the Contractor fails to submit a proposal, the City may determine the amount, if any, due the Contractor as a result of the termination. The City will pay the Contractor the amount it determines is reasonable. If the Contractor disagrees with the amount determined by the City as being reasonable, the Contractor shall provide notice to the City within thirty (30) Days of receipt of payment. Any amount due shall be subject to the dispute resolution provisions set forth in the Contract Documents.

D. Contractor shall include provisions in all of its subcontracts, purchase orders, and other contracts permitting termination for convenience by Contractor on terms that are consistent with this Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor under this Section 7.

9. TERMINATION FOR CONTRACTOR’S DEFAULT

A. Default. The City may terminate this Contract for Contractor’s default as set forth in this Section. The City will consider the Contractor in default of this Contract if, prior to the City’s acceptance of the Work, the Contractor:

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6 1. becomes insolvent, assigns its assets for the benefit of its creditors, is unable to pay its debts as they become due, or is otherwise financially unable to complete the Work;

2. abandons the Work by failing to report to the Work site and diligently prosecute the Work to completion;

3. disregards written instructions from the City or materially violates provisions of the Contract Documents;

4. fails to prosecute the Work according to the schedule approved by the Engineer,

5. disregards laws or regulations of any public body having jurisdiction, or

6. commits continuous or repeated violations of regulatory or statutory safety requirements.

Notices, and other written communications regarding default between the Contractor, the City, and the Surety shall be transmitted in accordance with Section 25 (“NOTICES”) of this Contract.

B. Notice and Opportunity to Cure. The City will issue a written notice to cure the default to the Contractor and its Surety. The Contractor shall commence satisfactory corrective actions within five (5) Working Days after receipt. If the Contractor fails to commence satisfactory corrective action within five (5) Working Days after receipt of the notice to cure, or to diligently continue satisfactory and timely correction of the default thereafter, the City will consider the Contractor in default of the Contract and:

1. will terminate the Contractor’s right to perform under the Contract by issuing a written notice of termination for default to the Contractor and its Surety;

2. may use any materials, equipment, tools or other facilities furnished by the Contractor to secure and maintain the Work site, and

3. may furnish labor, equipment, and materials the City deems necessary to secure and maintain the Job Site;

C. Remedies Cumulative. The provisions of this Section shall be in addition to all other legal rights and remedies available to the City. Termination of this Contract will not relieve the Surety of its obligation for any just claims arising out of the Work performed.

10. PREVAILING WAGE

A. Compliance with State Prevailing Wage Requirements. Pursuant to Labor Code Section 1773, the City has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in Ventura County, California from the Director of the Department of Industrial Relations (DIR) for each craft, classification, or type of worker needed to perform the Work required under this Contract. A copy of these prevailing wage rates are on file at the City’s Finance Department/Purchasing Division and shall be made available for review to any interested party on request. In addition, a copy of the prevailing rate of per diem wages may be obtained via the internet at:
http://www.dir.ca.gov/DLSR/PWD. Contractor and all Subcontractors shall pay not less than said specified State of California rates to all workers employed by them in the execution of the Work contemplated by this Contract, including workers performing Work covered by under Labor Code Sections 1720 and 1720.9. Contractor shall be responsible for using the correct and current prevailing wage rates. Contractor shall be solely responsible for using the correct wage decision or determination and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct prevailing wage.

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7 B. Conflict. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the terms of this Section 10 and the provisions of Exhibit “A”, the terms of this Section 10 shall control and nothing herein shall be considered as an acceptance of the terms of Contractor’s Submitted Bid Proposal conflicting with the requirements of this Section 10.

C. Payroll Records. Contractor must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, including without limitation, those set forth in Title 8 of the California Code of Regulations, Section 16000 et seq. (hereinafter the “Regulations”), which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR.

1. Contractor and Subcontractor Obligations. Contractor and each Subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:

a. The information contained in the payroll record is true and correct; and b. Contractor or the Subcontractor has complied with the requirements of Labor Code §§ 1771, 1811, and 1815 for any Work performed by its employees on the Project.

2. Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to City, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code.

3. Enforcement. Upon notice of noncompliance with Labor Code § 1776, Contractor or Subcontractor has ten days in which to comply with the requirements of this section. If Contractor or Subcontractor fails to do so within the ten-day period, Contractor or Subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Contractor.

D. Apprentices. Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated by reference.

E. Notices. Pursuant to Labor Code section 1771.4, Contractor is required to post all Job Site notices, including prevailing wage rates and other notices as required by regulation.

F. Other Labor Requirements. Contractor has the responsibility for and shall comply with all other requirements of California Labor Code Section 1720 et seq., the Regulations, and all other applicable State labor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws.

Contractor will require the same of all its Subcontractors.

G. Statutory Penalties. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced as follows:

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8 1. Pursuant to Labor Code section 1775, the Contractor and any Subcontractor under it shall forfeit as a penalty to the City not more than two hundred dollars ($200.00), for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under this Contract by it or by any Subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.

2. The Contractor or Subcontractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Contract by the respective contractor or Subcontractor for each calendar day during which the worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of this Subsection. In awarding any contract for public work, Contractor must forfeit to City twenty-five dollars ($25.00) per day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day.

H. DIR Monitoring. Pursuant to Labor Code § 1771.4, the Contract for this Project is subject to compliance monitoring and enforcement by the DIR.

I. DIR Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its Subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all Subcontractors are registered at the time this Contract is entered into and maintain registration for the duration of the Project.

11. LIQUIDATED DAMAGES

If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of twelve hundred dollars ($1,200) per day for each Calendar Day of unexcused delay in completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

12. COMPLIANCE WITH LAWS

Contractor shall comply with all Laws applicable to the performance of the Work required by the Contract Documents, including any rule, regulation, or bylaw governing the conduct or performance of Contractor, its employees, officers, board members, agents, independent contractors, and Subcontractors. Unless otherwise specified in the Contract Documents, all required permits and licenses, including a City business license, shall be held or obtained by the Contractor at its sole expense and prior to commencing any Work hereunder.

13. WORKERS’ COMPENSATION CERTIFICATION

Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”

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9 14. INSURANCE

Contractor shall procure and maintain at its own expense at all times during the period covered by this Contract (and through the one-year guarantee period following the date of City’s acceptance of the Project) the following policies of insurance as approved by the City’s Risk Manager as set forth in INS-E attached as Exhibit B to this Contract.

15. FEDERAL GRANT CONTRACT PROVISIONS

Contractor acknowledges that the Project is being funded in part with by funds from the Federal Emergency Management Agency (FEMA) which are managed by the California Office of Emergency Services and the Project is subject to and must comply with, the applicable requirements of HMGP Agreement #4353-195-49, and further acknowledges and agrees to the provisions in the “Federal Grant Contract Addendum” attached to this Contract as Exhibit “E” and incorporated by reference as if fully set forth herein. The “Master Grant Agreement” is attached to the Contract as Exhibit “F” and incorporated by reference as if fully set forth herein.

A. ACCESS TO RECORDS. (1) The Contractor agrees to provide the City of Oxnard, FEMA administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this Contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Contractor agrees to provide the FEMA Administrator or his authorized representative access to construction or other work sites pertaining to the work being completed under the Contract. (4) In compliance with the Disaster Recovery Act of 2018, the City of Oxnard and the Contractor acknowledge and agree that no language in this Contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.

B. SEAL, LOGO AND FLAGS. The Contractor shall not use the DHS seals(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.

C. COMPLIANCE WITH FEDERAL LAW REGULATIONS, AND EXECUTIVE ORDERS. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the Contract.

The Contractor will comply with all applicable Federal laws, regulations, executive orders, and FEMA policies, procedures, and directives.

D. NO OBLIGATION BY FEDERAL GOVERNMENT. The Federal Government is not a party to this Contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the Contract.

E. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS.

Contractor must comply with the requirements of the The False Claims Act (31 U.S.C. 3729-3733) which prohibits the submission of false or fraudulent claims for payment under a Federal grant funded project. The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this Contract.

16. TIME OF THE ESSENCE

Time is of the essence in the performance of this Contract.

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10 17. INDEMNIFICATION

A. Notwithstanding the limits of any insurance and to the fullest extent permitted by law, Contractor shall indemnify the City, its elected or appointed officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (hereinafter "Claims or Liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the performance of the Work, operations, or activities of Contractor, its agents, employees, Subcontractors, or invitees on the Project, or arising or alleged to arise from the acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's performance of or failure to perform any term, provision, covenant or condition of this Contract, but excluding such Claims or Liabilities or portion of such Claims or Liabilities arising or alleged to arise from the active negligence, sole negligence, or willful misconduct of the City, its elected or appointed officials, officers, agents, volunteers, or employees, and in connection therewith:

1. Contractor will defend any action or actions filed in connection with any of said Claims or Liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;

2. Contractor will promptly pay any judgment rendered against the City, its elected or appointed officials, officers, agents, volunteers, or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', Subcontractors' or invitees') performance of or failure to perform such Work, operations or activities hereunder; and Contractor agrees to save and hold the City, its elected or appointed officials, officers, agents, volunteers and employees harmless therefrom;

3. In the event the City, its elected or appointed officials, officers, agents, volunteers, or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the performance of or failure to perform the Work, operation, or activities of Contractor hereunder, Contractor shall pay to the City, its elected or appointed officials, officers, agents ,volunteers, or employees, any and all costs and expenses incurred by the City, its elected or appointed officers, officials, agents, volunteers, or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City;

4. Contractor's duty to defend, indemnify, and hold harmless as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of, or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to, the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances Control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the PorterCologne Water Quality Control Act, as any of those statutes may be amended from time to time.

B. City will timely notify Contractor upon receipt of any third-party claim relating to the Contract, as required by Public Contract Code § 9201. The Contractor's indemnification and defense obligations 311
Agreement No: 32500079
11 pursuant to this Section shall survive the termination of this Contract. Contractor shall require the same indemnification from all Subcontractors.

18. THIRD PARTY CLAIMS

The City shall have full authority to compromise or otherwise settle any claim relating to the Project at any time.

The City shall timely notify the Contractor of the receipt of any third-party claim relating to the Project. The City shall be entitled to recover its reasonable costs incurred in providing this notice.

The Contractor shall not have any authority to compromise or otherwise settle any claim relating to the Project; any effort by the Contractor to do so shall be deemed a breach of the Contract, and the City will not participate in any such compromise or settlement. Within five (5) Calendar Days of the date that the Contractor receives any third-party claim relating to this Project, the Contractor shall provide written notice thereof and a copy of the claim to the City Attorney.

19. CONFLICTS OF INTEREST

The Contractor shall not accept any employment or representation during the Contract Term or within twelve (12) months thereafter that is or may likely make the Contractor “financially interested,” as provided in Government Code Sections 1090 and 87100, in any decisions made by the City on any matter in connection with which the Contractor has been retained pursuant to the Contract Documents.”

20. REPORTS; BOOKS AND RECORDS; AUDIT

A. Upon request by the Project Manager, Contractor shall prepare and submit reports concerning Contractor's performance of the Work required by this Contract.

B. Contractor shall keep such books and records as shall be necessary to perform the work required by this Contract and enable the Project Manager to evaluate the cost and the performance of such Work.

C. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles, and Contractor and its subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred Project costs and matching funds by line item for the Project. The Project Manager and the parties specified in Article V of the Master Agreement referenced in Section 15 of this Contract and attached hereto as Exhibit “B”, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

D. Records and supporting documents pertaining to the use of funds paid to Contractor hereunder shall be retained by Contractor and made available to the Project Manager for purposes of performing an audit for a period of five (5) years from the termination of this Contract.

21. NONDISCRIMINATORY EMPLOYMENT

A. The Contractor shall not unlawfully discriminate against any individual based on race, religion or religious creed, color, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, immigration status, citizenship or military and veteran status. The Contractor shall comply with the nondiscrimination mandates of all statutes, ordinances and regulations.

B. For every Subcontractor who will perform Work on the Project, the Contractor shall be responsible for such Subcontractor’s compliance with this Section. The Contractor shall include in the written contract between itself and each Subcontractor a copy of the provisions in this Section and a requirement that 312
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12 each Subcontractor shall comply with those provisions. The Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure Subcontractor’s compliance. The Contractor shall diligently take corrective action to halt or rectify any failure to comply.

22. MODIFICATIONS AND AMENDMENTS

This Contract may be modified or amended only by written Change Orders as specified in the Contract Documents or a written instrument signed by both Parties.

23. ENTIRE AGREEMENT

A. This Contract supersedes any and all prior or contemporaneous agreements, either oral or written, between the City and Contractor with respect to the subject matter of this Contract.

B. The Contract Documents contain all of the covenants and agreements between the Parties with respect to the subject matter herein, and each Party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Contract and the Contract Documents incorporated herein.

C. No agreement, statement, or promise with respect to the subject matter of the Contract Documents, which is not contained in the Contract Documents, or in a valid modification or amendment to the Contract Documents, shall be valid or binding on either Party.

24. AMBIGUITIES

This Contract is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them. Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Contract. Notwithstanding the foregoing, the Parties agree that Exhibit “A” is attached hereto for reference purposes, and to the extent there are any ambiguities, inconsistencies, or conflicts between the terms of this Contract and Exhibit “A”, the terms of this Contract shall control and nothing set forth in Exhibit “A” shall be deemed to supersede any of the provisions of this Contract.

25. NOTICES

A. Any notice to be provided pursuant to this Contract shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:

TO CITY: City of Oxnard
305 W. Third Street, East Wing, Third Floor
Oxnard, CA 93030

TO CONTRACTOR: Eco Energy Solutions, Inc.
4485 Runway Street
Simi Valley, CA 93063

B. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

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13 C. Either Party, or the surety, may change its address by giving notice in writing to all other parties listed above, and thereafter notices shall be addressed and transmitted to such new address.

26. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES

No officer or employee of the City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Contractor or to its successor(s), or for any breach of any obligation of the terms of this Contract.

27. REVIEW BY ATTORNEYS

Each Party hereto has had its attorneys review this Contract and all related documents. Each Party hereto has consulted with its attorneys and has negotiated the terms of this Contract based on such consultation.

28. BONDS

Concurrently with the execution of this Contract by the Contractor, and before the commencement of any Work, Contractor shall furnish to the City a Performance Bond, and a Payment Bond (Labor and Materials Bond) each in an amount equal to one hundred percent (100%) of the Contract Price written on the forms included in the Contract Documents. These bonds must remain in force until the later of (a) the expiration of the one-year guarantee period; or (b) one year from the date of completion of the corrective Work. Such bonds must be issued by a responsible corporate Surety, licensed and authorized to issue such bonds in the State of California.

29. CARE OF WORK

Contractor must adopt reasonable methods during the life of the Contract to furnish continuous protection to the Work, and the equipment, materials, papers, documents, plans, studies, and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the Work by the City, except those losses or damages as may be caused by the City’s own negligence. The performance of the Work by Contractor or the payment of money by the City shall not relieve Contractor from any obligation to correct any incomplete, inaccurate, or defective Work (including the obligation to remedy any defective Work or materials during the one-year guarantee period after the City’s acceptance thereof) at no further cost to the City.

30. CAPTIONS AND HEADINGS

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

31. OWNERSHIP OF DOCUMENTS

No portion of the Contract Documents may be used for any purpose other than construction of the Project, without prior written consent from City. Contractor is deemed to have conveyed the copyright in any designs, drawings, specifications, Shop Drawings, or other documents (in paper or electronic form) developed by Contractor for the Project, and City will retain all rights to such works, including the right to possession.

32. SUCCESSORS, HEIRS, AND ASSIGNS

Except as otherwise expressly provided herein, this Contract shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties and, likewise, shall inure to the benefit of 314
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14 the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties. This Contract may not be assigned or transferred by Contractor without the concurrence of the surety and express written consent of the City.

33. GENDER; PLURAL

In this Contract, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.

34. SEVERABILITY

If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Contract and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.

35. GOVERNING LAW

The validity of this Contract and any of its terms or provisions, as well as the rights and duties of the Parties under this Contract, shall be construed pursuant to and in accordance with California law.

36. CUMULATIVE REMEDIES

Except with respect to rights and remedies expressly declared to be exclusive in this Contract, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.

37. VENUE

All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Contract and all proceedings involving any enforcement action related to this Contract shall be initiated and conducted in the applicable court or forum in Ventura County, California.

38. EFFECTIVENESS OF CONTRACT

This Contract shall not be binding upon the City until signed by the authorized representative(s) of Contractor, approved by the City’s Risk Manager and as to form by the City Attorney, and executed by the authorized City personnel or the Mayor.

39. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING CONTRACT

Each of the Parties to this Contract hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Contract a binding obligation of each of the Parties hereto. The persons executing this Contract warrant that they are duly authorized to execute this Contract on behalf of and bind the Parties each purports to represent.

40. WAIVER

No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default under this Contract shall impair such right or remedy or be construed as a waiver. A Party's consent to or approval of any 315
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15 act by the other Party requiring the Party's consent or approval shall not be deemed to waive or render unnecessary the other Party's consent to or approval of any subsequent act. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Contract.

41. INDEPENDENT CONTRACTOR STATUS

Contractor is an independent contractor. All persons working for or under the direction of the Contractor are the Contractor's employees, agents, or subcontractors, and they shall not be deemed agents, servants, or employees of the City.

42. COUNTERPARTS

This Contract may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Contract.

43. PROVISIONS REQUIRED BY LAW DEEMED INSERTED

Each and every provision of law and clause required by Law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either Party the Contract shall forthwith be physically amended to make such insertion or correction.

44. ATTORNEY'S FEES

If either Party commences an action against the other Party, whether legal, administrative, or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.

[END OF THIS PAGE – SIGNATURE PAGE FOLLOWS]

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Agreement No: 32500079
16 IN WITNESS WHEREOF, the Parties have entered into this Contract effective on the date as stated herein and upon signature of all Parties.

CITY OF OXNARD ECO ENERGY SOLUTIONS, INC., dba

HIGH VOLT ELECTRIC

X John C. Zaragoza, Mayora Date Karo Gyonjyan, CEO and b Date ☐ Purchasing Agent Secretary

ATTEST:

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

APPROVED AS TO FORM:

________________________ __________
Stephen Fischer Date
City Attorney

a The City Council must authorize and the Mayor must execute any agreement over $200,000. The Purchasing Agent may execute any authorized agreement up to $200,000.
b 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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Agreement No: 32500079
17 EXHIBITS
Exhibit A: Contractors Bid Proposal.

Exhibit B: Form INS-E: Insurance Requirements.

Exhibit C: [RESERVED]
Exhibit D: [RESERVED]
Exhibit E: Federal Grant Contract Addendum
Exhibit F: Grant Master Agreement
Bonds

The corresponding exhibits and forms contained within follow.

318
*
* $467,552 calculation correction*

EXHIBIT A

CONTRACTOR'S BID PROPOSAL
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EXHIBIT B
FORM INS-E : INSURANCE REQUIREMENTS

INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS
(WITH BUILDER’S RISK REQUIREMENT & POLLUTION/ASBESTOS)

1. Contractor shall obtain and maintain during the performance of any services under this Contract the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Contractor, its agents, representatives, employees or subcontractors. With respect to General Liability, Errors & Omissions, Contractors Pollution Liability, and or Asbestos Pollution Liability, Coverage should be maintained for a minimum for five (5) years after contract completion.

a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $2,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project location or shall be twice the occurrence amount;

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

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

d. Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.

e. Course of Construction Insurance providing coverage for “all risks” of loss in an amount not less than the completed value of the project, with City named as Owner and Insured.

f. Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.

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

City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email. If you have not received your request or are having difficulty with electronic upload, contact [email protected] 3. Contractor agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled by either party, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.

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

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

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

7. All insurance standards applicable to Contractor shall also be applicable to Contractor’s subcontractors. Contractor agrees to maintain appropriate agreements with subcontractors and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager. 320
Agreement No: 32500079

INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS

Certificates of Insurance

The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample.

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

Endorsement Forms

Original endorsements are required for 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 sample accord form.

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

GENERAL AGGREGATE $2,000,000
PRODUCTS COMP/OP AGG. $2,000,000
PERSONAL & ADV. INJURY $2,000,000
EACH OCCURRENCE $2,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $
A AUTOMOBILE LIABILITY [x] ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY

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

A EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM

EACH OCCURRENCE $
AGGREGATE $

A WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY

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

A OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession; if architectural, engineering or electrical work will be performed under the Contract, Course of Construction Insurance Contractors Pollution Liability and/or Asbestos Pollution Liability

Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant Course of Construction Completed Value of Project Minimum coverage $1,000,000
Per claim

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 Via Fax: 678-259-1007 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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Agreement No: 32500079

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 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.

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 limits 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 a. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.

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

ENDORSEMENT HOLDER

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

AUTHORIZED REPRESENTATIVE
 Broker/Agent  Underwriter  I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement. Signature (original signature required) Telephone: ( ) Date Signed

323

AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT FOR THE CITY OF OXNARD (the “City”) SUBMIT IN DUPLICATE ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER POLICY INFORMATION: Insurance Company: Policy No.: Policy Period: (from) (to) LOSS ADJUSTMENT EXPENSE  Included in Limits  In Addition to Limits Telephone:
 Deductible  Self-Insured Retention (check which) of $ with an Aggregate of $ applies to coverage.  Per Occurrence  Per Claim (which)

NAMED INSURED

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

CITY AGREEMENTS/PERMITS

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

Name:

Address:

Telephone: ( )

$ per accident, for bodily injury and property damage.

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

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

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 exclusions of the policy to which this endorsement is attached.

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

324

EXHIBIT C
[RESERVED]

325

EXHIBIT D
[RESERVED]
326

EXHIBIT E
City of Oxnard – FEMA-HAZARD MITIGATION GRANT PROGRAM #KR-4353 PJ0195 Contract Addendum
Notice: The contract or purchase order to which this addendum is attached is made using federal assistance provided to the City of Oxnard by funds from the Federal Emergency Management Agency (FEMA) which are managed by the California Office of Emergency Services and the Project is subject to and must comply with, the applicable requirements of HMGP Agreement #4353-195-49.

The following terms and conditions apply to you, the contractor or vendor, as a contractor of the City of Oxnard, according to the HMGP application approval dated January 31, 2020..

Certifications requiring signature from the Contractor follow at the end of this Document.

1. Equal Opportunity. Contractor shall comply with Executive Order 11246, “Equal Employment Opportunity,” as amended by EO 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and as supplemented by regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
Small and Minority Business, and Women’s Business Enterprises (if applicable to this Contract, see SBE/MBE/WBE/LSA form attached below)
Contractor hereby agrees to comply with the following when applicable: The requirements of Executive Orders 11625 and 12432 (concerning Minority Business Enterprise), and 12138 (concerning Women's Business Enterprise), when applicable. Accordingly, the Contractor hereby agrees to take affirmative steps to assure that women and minority businesses are utilized when possible as sources of supplies, equipment, construction and services. Affirmative steps shall include the following:
a. Including qualified women’s business enterprises and small and minority businesses on solicitation lists;
b. Assuring that women’s enterprises and small and minority businesses are solicited whenever they are potential sources;
c. When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum participation by small and minority business, and women’s business enterprises;
d. Where the requirement permits, establishing delivery schedules which will encourage participation by women’s business enterprises and small and minority business; 327

e. Using the services and assistance of the Small Business Administration, and the U.S.

Office of Minority Business Development Agency of the Department of Commerce; and f. If any subcontracts are to be let, requiring the prime Contractor to take the affirmative steps in a through e above.

For the purposes of these requirements, a Minority Business Enterprise (MBE) is defined as an enterprise that is at least 51 percent owned and controlled in its daily operation by members of the following groups: Black, Hispanic, Asian or Pacific Islander, American Indian, or Alaskan Natives. A Women Business Enterprise (WBE) is defined as an enterprise that is at least 51 percent owned and controlled in its daily operation by women.

2. Suspension and Debarment. (Applies to all purchases. See certification form attached below.)
(A) This contract is a covered transaction for purposes of 2 CFR pt. 180 and 2 CFR pt. 3000. As such, the Contractor is required to verify that none of Contractor’s principals (defined at 2 CFR § 180.995) or its affiliates (defined at 2 CFR § 180.905) are excluded (defined at 2 CFR § 180.940) or disqualified (defined at 2 CFR § 180.935).
(B) The Contractor must comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(C) This certification is a material representation of fact relied upon by the City of Oxnard. If it is later determined that the contractor did not comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (D) The Contractor agrees to comply with the requirements of 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions.

3. Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352, as amended. (Applies to all purchases. See certification form attached below.) Contractor certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Contractor shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

4. Access to Records. (applies to all purchases.)
328

(A) The Contractor agrees to provide the City of Oxnard, the U.S. Department of Treasury, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. The Contractor agrees to permit any of the foregoing parties to reproduce by any means or to copy excerpts and transcriptions as reasonably needed, and agrees to cooperate with all such requests.
(B) The Contractor agrees to provide the Treasury Department or authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.
(C) No language in this contract is intended to prohibit audits or internal reviews by the Treasury Department or the Comptroller General of the United States.

5. Rights to Inventions Made Under a Contract or Agreement. Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any applicable implementing regulations.

6. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 through 3708) (Applies only to purchases over $100,000, when laborers or mechanics are used.) Where applicable, all contracts in excess of $100,000 that involve the employment of mechanics or laborers shall include a provision for compliance with 40 U.S.C. 3702 and 3704 of the Contract Work Hours and Safety Standards Act, as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 3702 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours.

Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. The requirements of 40 U.S.C. 3704 are applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

7. Clean Air Act & Federal Water Pollution Control Act (Applies to purchases of more than $150,000.)
(A) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (B) The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 329

(C) The Contractor agrees to report each violation of the Clean Air Act and the Water Pollution Control Act to the City of Oxnard and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (D) Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance.

8. Prohibition on certain telecommunications and video surveillance services or equipment (Huawei and ZTE)
Contractor is prohibited from obligating or expending loan or grant funds to:
(1) Procure or obtain;
(2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment.
(iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

9. Buy USA - Domestic Preference for certain procurements using federal funds.

Contractor should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section:
330

(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
(2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

10. Procurement of Recovered Materials: (Applies only if the work involves the use of materials)
(A) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: i. Competitively within a timeframe providing for compliance with the contract performance schedule; ii. Meeting contract performance requirements; or iii. At a reasonable price.
(B) Information about this requirement, along with the list of EPA- designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program. (C) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.

11. Publications. Any publications produced with funds from this award must display the following language: “This project [is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department of the Treasury.”

12. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Contractor is encouraged to adopt and enforce on-the-job seat belt policies and programs for your employees when operating company-owned, rented or personally owned vehicles.

13. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Contractor is encouraged to adopt and enforce policies that ban text messaging while driving, and establish workplace safety policies to decrease accidents caused by distracted drivers.

14. Davis-Bacon Act. (applies to projects over $2000)
(A) All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted 331

Construction) as may be applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable. (B) Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. (C) Additionally, contractors are required to pay wages not less than once a week.

15. Compliance with the Copeland “Anti-Kickback” Act. (applies when Davis-Bacon Act is required)
(A) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.
(B) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
(C) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment

332
333
334
335
336
337
338

EXHIBIT F
Grant Master Agreement
HMGP #4353-195-49
PARTS 1 THROUGH 4
339
U.S. Department of Homeland Security
1111 Broadway, Suite 1200
Oaklund, CA 94607-4052
% 048 :,:@,i' FEMA
January 31, 2020

RECEIVED
Mark S. Ghilarducci, Director
Governor's Authorized Representative
California Office of Emergency Services
3650 Schriever Avemie
Mather, CA 95655
0 <a-FEB 21 2020
California Governor's Office of
Emergency Services
Executive Office
Reference: Application Approval, HMGP #4353-195-49
City of Oxnard
Main Police Station Emergency Back Up Generator
Supplement #3 1
Dear Mr. Ghilarducci:

The Federal Emergency Management Agency (FEMA) have approved and issued Hazard Mitigation Grant Program (HMGP) funds for the City of Oxnard (subrecipient), HMGP #4353-195-49, Main Police Station Emergency Back Up Generator.

The total eligible costs are $400,160. As shown in the enclosed Supplement #31 0bligation Report, we have obligated $300,120 for up to 75 percent federal share; the non-Federal share match is $100,040.

These funds are available in Smartlink for eligible disbursements.

This HMGP grant approval and obligation of funds are subject to the following:

1. Scope of Work (SO W) - The approved activity will upgrade the City Police Station's generator to a 305kw generator to support essential functions of the facility. The upgraded generator and associated components will be supported by a 36: thick reinforced concrete pad housed in a concrete structure for noise mitigation. The entire area of the proposed concrete structure will be 1,000 square feet, and approximately 50 cubic yards of material will be excavated.

2. Budget Revisions and Cost Overruns - In accordance with the 2015 Hazard Mitigation Assistance Unified Griidance, Part VI D.3, when budget changes are made, all programmatic requirements continue to apply. Additional infornnation regarding budget adjustments and revisions can be found in 2 CFR Part 200.308. The Recipient must obtain FEMA's prior written approval for any budget revisions.

Cost overruns must be approved by FEMA Region IX before implementation and the subgrant must continue to meet programmatic eligibility requirements, including cost effectiveness and cost share. Additional informatioxi can be found in 2 CFR Part 200. 340
A/Lr. Ghilarducci
January 31, 2020

Page 2 ends

3. Completion Date - The work schedule in the application states the activity completion time frame is 12 months. We will annotate January 31, 2021 as the project completion date. Please inform the subrecipient that work completed after this date is not eligible for federal funding, and federal funds may be de-obligated for work not completed within schedule for which there is no approved time extension

4. National Environmental Policy Act (NEPA) - This project has been determined to be Categorically Excluded from the need to prepare either an Environmental Impact Statement or Environmental Assessment in accordance with FEMA Instruction 108-1-1 and DHS Instruction 023-01-001-01; CATEX N18(federal assistance for construction or installation of structures, facilities, or equipment to ensure continuity of operations) has been applied. Attention should be given to the project conditions before and during the project implementation. Failure to comply with these conditions may jeopardize federal assistance including funding.

5. Thisawardoffundsissub3ecttothecnc}osedStandardHazardMitigatiorxGrantProgram Conditions, amended August 2018. Federal funds may be de-obligated for work that does not comply with these conditions.

If you have any questions or need further assistance please contact me, or your staff may contact Linda Ortiz, Hazard Mitigation Assistance Specialist, at Linda.Ortiz@,fema.dhs.gov.

Sincerely,
Director
Mitigation Division
FEMA Region IX
CC : Jennifer Hogan, State Hazard Mitigation Officer Abraham Guitierrez, Cal OES
Robin Shepard, Cal OES
Monika Saputra, Cal OES
Enclosures (4):

Supplement #31 0bligation Report
Project Management Report
Record of Environmental Considerations
Standard HMGP Conditions
341
01/31/2020
11 :55

FEDERAL EMERGENCY MANAGEMENT AGENCY

HAZARD MITIGATION GRANTS PROGRAM
Obligation Report w/ Signatures
HMGP-OB-02
Disaster FEMA Amendment State Action Supplemental
No ProjectNo No Application ID No No State Recipient
4353 49 R 0 195 1 31 CA Statewide
Subrecipient: Oxnard Project Title : Oxnard, City of, Main Police Station Emergency Backup Generator Subrecipient FIPS Code: 111-54652
Total Amount
Previously Allocated
$300, 120.00
Total Amount
Previously Obligated
$300, 120.00
Subrecipient Management
Project Amount Cost Amount
$300,120 0(', $0 0CI,
Total Amount
Pending Obligation
Total Amount Available
for New Obligation
$0.00 $0.00
Total Obligation IFMIS Date IFMIS Status FY
$300,120.OC1, 01/29/2020 Accept 2020
Comments
Date: 01/28/2020 User Id: KMOJICA
Comment: Approved funds for Oxnard Main Police Station Generator Authorization
Preparer Name: KAREN MOJICA
HMOAuthorization Name: LINDAORTIZ
Authorizing Official Signature
Preparation Date: 01/28/2020
HMO Authorization Date: 01/28/2020
Authorizing Official Title
( / "i[ / '24>
Authorizat)on Date
Authorizing Official Signature Authorizing Official Title Authorization Date

Page 1 of 1 ends

342
01/31/2020
12:04 PM
Disaster
Number
FEMA
Project Number
Amendment
Number

FEDERAL EMERGENCY MANAGEMENT AGENCY

HAZARD MITIGATION GRANT PROGRAM
Project Management Report
App ID State Recipient
4353 49-R
Subrecipient: Oxnard
FIPS Code: ffl-54652
o 195 CA Statewide
Project Title : Oxnard, City of, Main Police Station Emergency Backup Generator Mitiqation Project Description
Amendment Status : Approved Approval Status: Approved Project Title : Oxnard, City of, Main Police Station Emergency Backup Generator Recipient : Statewide
Recipient County Name : 'JB40q7B
Recipient County Code : Ill
Recipient Place Name : Oxnard
Recipient Place Code : 0
Project Closeout Date : 00/00/0000
Subrecipient : Oxnard
Subrecipient County Name : Ventura
Subrecipient County Code : 'lid
Subrectpient Place Name : 0yllB7d
Subrecipient Place Code : 54B5;
HMGP-AP-01
Work Schedule Status
Amend #
o
o
o
o
o
o
o
o
o
Descriotion
Task 1 : Project Management
Task 2: Design/ Engineering
Task 3: Environmental Review and Permitting
Bidding
Mobilization
Construction Management
Construction/ Inspection
Project Close-out
Grant Close-out
Time Frame
12 Months
3 Months
3 Months
2 Months
1 Month
4 Months
3 Months
1 Month
3 Month
Due Date
00/00/0000
00/00/0000
00/00/0000
00/00/0000
00/00/0000
00/00/0000
00/00/0000
00/00/0000
00/00/0000
Revised Date Completion Date
00/00/0000 00/00/0000
00/00/0000 00/00/0000
00/00/0000 00/00/0000
00/00/0000 00/00/0000
00/00/0000 00/00/0000
00/00/0000 00/00/0000
00/00/0000 00/00/0000
00/00/0000 00/00/0000
00/00/0000 00/00/0000
Approved Amounts
Total Approved
Net Eligible
r $400,16C/,
Federal
Share Percent
75 00000000(',
Total Approved
Federal ShareAmount
$300,12Cl,
Non-Federal
Share Percent

25.000000ool, '7
Total Approved
Non-Fed Share Amount
$1 00,040',
Allocations
Allocation IFMIS IFMIS Submission ES/DFSC ES/DFSC ProjAllocAmount Number Status Date Date FY Support Req Amend Nr Fed Share 17 A 01/28/2020 01/28/2020 2020 2916866 e I $300,120.OC1, Total $300,1 20.OC1,
Obligations
Action IFMIS IFMIS Submission SFS
Nr Status Date Date FY Support
1 A 01/29/20201/28/2020 2020 2944360
SFS
Amend
o
Suppl Project Obligated
Nr Amt - Fed Share
31 7-- $300,120 00',
Total l $300,120.00',
Subrecipient
Management Cost
$0 0(', 7
$0 0(',
Total
AllocAmount
$1 ,073,565 0(',
$1 ,073,565.OC1,
Subrecipient
Management Cost
$0.00',
$0 0(',
Total Obligated
Amount
$300,120 00',
$300,120.00',

Page 1 of 1 ends

343
01/17/2020 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01 23:22:22

RECORD OF ENVIRONMENTAL CONSIDERATION (REC)
Project HMGP 4353-195-49
Title: Main Police Station Generator

NEPA DETERMINATION
Non Compliant Flag: No
EA Public Notice Date:

ELS Notice of Intent
EA Draft Date:

EA Fonsi
ELS ROD Date:

EA Final Date:

Level: CATEX
Comment The City of Oxnard, Ventura County, Oxnard, CA proposes to upgrade the City Police Stationgs 210 kW generator to a 305kW generator in order to support the essential functions of the facility (251 S C St, Oxnard/34.200805, -119.181525). The upgraded generatorand associated componentswould be supported by a 36g thick reinforced concrete pad housed in a concrete structure for noise mitigation.

The entire area of the proposed concrete structure will be 1,000 square feet, and approximately 50 cubic yards of material would be excavated.

This project has been determined to be Categorically Excluded from the need to prepare either an Environmental Impact Statement or Environmental Assessment in accordance with FEMA Instruction 108-1-1 and FEMA Directive 108-1-1 as authorized by DHS Instruction 023-01-001-01, Revision 1.

Categorical Exclusion N18 (federal assistance for construction or installation of structures, facilities, or equipment to ensure continuity of operations) has been applied. Particular attention should be given to the project conditions before and during project implementation. Failure to comply with these conditions may jeopardize federal assistance including funding. - dcohen3 - 01/16/2020 21 :06:18 GMT

CATEX CATEGORIES
Catex Category Code
'n 18
Description
('n18) Federal Assistance for Construction or Installation of Structures, Facilities, or Equipment to Ensure Continuity of Operations. Federal assistance for the construction or installation of measures for the purpose of ensuring the continuity of operations during incidents such as emergencies, disasters, flooding, and power outages involving less than one acre of ground disturbance.

Examples include the installation of generators, installation of storage tanks of up to 10,000 gallons, installation of pumps, construction of structures to house emergency equipment, and utility line installation. This CATEX covers associated ground disturbing activities, such as trenching, excavation, and vegetation removal of less than one acre, as well as modification of existing structures.

Selected
Yes

EXTRAORDINARY
Extraordinary Circumstance Code Description
No Extraordinary Circumstances were selected
Selected ?

ENVIRONMENT AL LAW / EXECUTIVE ORDER
Environmental Law/
Executive Order
Clean Air Act (CAA)
Status Description
Completed Project is located in a non-attainment area Comment
The project is located in Ventura County that is
within a non-attainment area for 8-Hour Ozone
according to the u.s. Environmental Protection
Agency (USEPA):
https://www3.epa.gov/airquality/greenbook,
updated
NOTE: All times are GMT using a 24-hour clock. Paae 1 of 4 344
01/17/2020 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01 23:22:22

RECORD OF ENVIRONMENTAL CONSIDERATION (REC)
Project HMGP 4353-195-49
Title: Main Police Station Generator
Environmental Law/
Executive Order Status Description Comment
December 31, 2019. Based on the scope of
work, the potential emissions from project
activities are clearly below ,;de minimis,;
thresholds for the General Conformity Rule.

Thus, the project is exempt from a conformity
determination. See Condition. - dcohen3 -
01/16/2020 20:48:12 GMT
Completed Coordination required with applicable state administering agency - Review concluded
Coastal Barrier Resources Act
(CBRA)
Clean Water Act (CWA)
Coastal Zone Management Act
(CZMA)
Completed Project is not on or connected to CBRA Unit or otherwise protected area - Review
concluded
Completed Project would not affect any water of the u.s. - Review concluded
Completed Project is not located in a coastal zone area and does not affect a coastal zone area -
Review concluded
Executive Order 11988 -
Floodplains
Completed No effect on floodplain/flood levels and The project is located in Zone X, as shown on project outside floodplain - Review concluded FIRM 06111CO910E, effective 1/20/2010. - dcohen3 - 01/16/2020 20:57:59 GMT
Executive Order 11990 -
Wetlands
Completed No effects on wetlands and project outside wetlands - Review concluded
Per the u.s. Fish and Wildlife Service Wetland
Mapper viewed on January 16, 2020, the project
is located outside of wetlands and not likely to
result in any potential direct impacts that will
adversely affect wetlands. - dcohen3 -
at/16/2020 20:58:47 GMT
Executive Order 12898 - Completed
Environmental Justice for Low
Income and Minority Populations
Low income or minority population in or near There are low income or minority populations in project area or near project area, however the project activities and impacts will not result in a
disproportionately high and adverse impact on
these groups. - dcohen3 - 01/16/2020 20:59:12
GMT
Completed No disproportionately high and adverse
impact on low income or minority population -
Review concluded
Endangered Species Act (ESA) Completed No listed species and/or designated critical habitat present in areas affected directly or
indirectly by the federal action - Review
concluded
Based on the type of activities and area of
potential effect as described in the scope of
work, this project has been determined to have
no effect on Federally listed threatened and
endangered species or critical habitat. See
attached No Effect Determination completed by
FEMA Biologist, Emma Gosliner. - dcohen3 -
01/16/2020 19:47:48 GMT
NOTE: All times are GMT usino a 24-hour clock. Paae 2 of 4 345
01/1 7/2020 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01 23:22:22

RECORD OF ENVIRONMENT AL CONSIDERATION (REC)
Project HMGP 4353-195-49
Title: Main Police Station Generator
Environmental Law/
Executive Order
Farmland Protection Policy Act
(FPPA)
Status Description
Completed Project does not affect designated prime or unique farmland - Review concluded
Comment
Fish and Wildlife Coordination
Act (FWCA)
Completed Project does not affect, control, or modify a waterway/body of water - Review concluded
Migratory Bird Treaty Act (MBTA) Completed Project located within a flyway zone Completed Project does not have potential to take
migratory birds - Review concluded
Magnuson-Stevens Fishery
Conservation and Management
Act (MSA)
Completed Project not located in or near Essential Fish Habitat - Review concluded
National Historic Preservation Act Completed
(NHPA)
Applicable executed Programmatic
Agreement. Activity meets Programmatic
Allowance (enter date and # in comments) -
Review concluded
Project located within the Pacific Flyway zone.

Activities associated with this project do not have the potential to take migratory birds. - dcohen3 - 01/16/2020 20:52:45 GMT
This Undertaking was reviewed by Marjorie
Nowick who meets the Secretary of the Interior's
professional qualifications for archaeology and
architectural history per Stipulation I.A.1.b of the Section 106 Programmatic Agreement among
FEMA, the California State Historic Preservation
Officer (SHPO), and California Governor's Office
of Emergency Services (Cal OES) executed on
October 29, 2019 (Agreement). It is proposed to
replace and install a new upgraded generator by
removing the existing generator, demolishing the
existing generator pad, and installing a new
generator in a housing immediately adjacent to
the existing Police Building. The generator would
be in a housing and on a pad, 23x33. The Police
Building is a large pre-cast concrete Brutalist-
type building constructed 1977 so is less than 45 years old. The location where the generator is
proposed to be installed is previously disturbed.

Given this, this Undertaking meets Programmatic
Allowance ll.D.2.a.(Appendix B ofthe
Agreement) Per Stipulation II.A.1 of the
Agreement, no review by or notification to the
SHPO is required. - mnowick - 01/16/2020
21 :59:27 GMT
Wild and Scenic Rivers Act
(WSR)
Completed Project is not along and does not affect Wild and Scenic River - Review concluded
NOTE: All times are GMT usinq a 24-hour clock. Paae 3 of 4 346
01/1 7/2020 FEDERAL EMERGENCY MANAGEMENT AGENCY REC-01 23:22:22

RECORD OF ENVIRONMENT AL CONSIDERATION (REC)
Project HMGP 4353-195-49
Title: Main Police Station Generator

CONDITIONS
Special Conditions required on implementation of Projects:

The Subrecipient is responsible for complying with all applicable subparts of the Clean Air Act. Failure to comply with this condition may jeopardize federal assistance, including funding. Any change to the approved scope of work will require re-evaluation for compliance with the Clean Air Act.

Source of condition: Clean Air Act (CAA) Monitoring Required: No Standard Conditions:

Any change to the approved scope of work will require re-evaluation for compliance with NEPA and other Laws and Executive Orders.

This review does not address all federal, state and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state and local laws. Failure to obtain all appropriate federal, state and local environmental permits and clearances may jeopardize federal funding.

If ground disturbing activities occur during construction, applicant will monitor ground disturbance and if any potential archeological resources are discovered, will immediately cease construction in that area and notify the State and FEMA.

NOTE' All tim+.s are GMT usino a 24-hour clock f%npi A nf jl 347
3650 SCHRIEVER AVENUE  MATHER, CA 95655

RECOVERY FINANCIAL PROCESSING UNIT
(916) 845-81 10
January 10, 2024
Michael Wolfe
Public Works Director
Oxnard, City of
305 West Third Street
Oxnard, CA 93030
Sub
ject: Notification of Approval of Supplemental Funds
Hazard Mitigation Grant Program
FEMA-4353-DR-CA, Project #PJ0195, FIPS #111-54652,
Supplement #122
Dear Mr. Wolfe:

The California Governor’s Office of Emergency Services (Cal OES) has received a notification from the Federal Emergency Management Agency (FEMA) approving $290,955.00 in additional funds for this grant subaward. A copy of FEMA’s letter is enclosed for your records.

Payments will be made on a reimbursement basis using the Hazard Mitigation Reimbursement Request form. A ten percent (10%) retention will be withheld from all reimbursement payments and will be released as part of the grant subaward closeout process. Please note that your organization must maintain an active registration in the SAM.gov (System for Award Management) database for the duration of this grant subaward.

Please read the enclosed supplement. In accordance with Title 44 Code of Federal Regulations, Part 206.440, if you disagree with FEMA’s obligated amount or scope of work listed in the supplement, you can appeal. All appeals must be in writing and received by Cal OES within 60 days from the receipt of this letter.

If you have any questions or need assistance, please contact the Recovery Financial Processing Unit at (916) 845-8110 or at
[email protected].

Recovery Financial Processing Unit
Enclosures
c: Subrecipient’s Project File

GAVIN NEWSOM

GOVERNOR

NANCY WARD

DIRECTOR
348
3650 SCHRIEVER AVENUE  MATHER, CA 95655

RECOVERY FINANCIAL PROCESSING UNIT
(916) 845-81 10
January 10, 2024
Michael Wolfe
Public Works Director
Oxnard, City of
305 West Third Street
Oxnard, CA 93030
Sub
ject: Updated Grant Subaward Information Sheet Notification Hazard Mitigation Grant Program
FEMA-4353-DR-CA, Project #PJ0195, FIPS #111-54652
Dear Mr. Wolfe:

In compliance with 2 CFR Ch. II §200.331, the California Governor’s Office of Emergency Services (Cal OES) is sending you an updated Supplemental Grant Subaward Information sheet to reflect recent changes to information regarding your subaward. This document has the following revision(s):
• A new approved project funding amount. $591,075.00 is now the approved funding amount for this project due to an additional obligation in the amount of $290,955.00.

P
lease review the enclosed document to verify its accuracy. For further assistance, please contact the Recovery Financial Processing Unit at (916) 845-8110 or at [email protected].

R
ecovery Financial Processing Unit
Enclosures: Supplemental Grant Subaward Information Sheet c: Subrecipient’s Project File

GAVIN NEWSOM

GOVERNOR

NANCY WARD

DIRECTOR
349
U.S. Department of Homeland Security
Region 9
1111 Broadway, Suite 1200
Oakland, California 94607
www.fema.gov
, 2023
Ryan Buras, Deputy Director
Governor’s Authorized Representative
California Governor’s Office of Emergency Services
3650 Schriever Avenue
Mather, California 95655
Reference: Amendment Approval, HMGP DR-4353-195-49R
City of Oxnard, California
Main Police Station Emergency Backup Generator Mitigation Project FIPS Code: 111-54652, Supplement 122
Dear Ryan Buras:

This is in response to your letter on June 19, 2023, requesting additional Hazard Mitigation Grant Program (HMGP) funds for the City of Oxnard, HMGP DR-4353-195-49R, Main Police Station Emergency Backup Generator Mitigation Project. You indicate that the scope of work modification is a change in generator position from the previously approved location on the western side of the Police Headquarters building to a new position on the north side of the Police Headquarters site, and additional funds necessary because the new location will require additional concrete work, a transfer switch, and emissions controls.

We have reviewed the request, determined the project remains cost effective and consistent with the original approval, and approve the amendment. The total Federal share increased from $300,120.00 to $591,075.00, and the total project cost is now $788,100.00. As shown in the enclosed Obligation Report - Supplement 122, we are obligating $290,955.00 for the 75 percent Federal share; the 25 percent non-Federal share is $96,985.00. These funds are available in SmartLink for immediate and eligible disbursements.

The following is a summary of the approved funding and award conditions:

Approvals: Federal Share: Non-Federal Share: Total Project Cost:

Supplement 31 $300,120.00 $100,040.00 $400,160.00
Additional Funding,
Supplement 122
$290,955.00 $96,985.00 $387,940.00
TOTALS $591,075.00 $197,025.00 $788,100.00

1. Scope of Work (SOW) – The project is to upgrade the City Police Station’s 210 kW generator to a 305kW generator in order to support the essential functions of the facility. The upgraded generator and associated components will be supported by a 36-inch-thick reinforced concrete pad housed in a concrete structure for noise mitigation.

Received
December 21, 2023
FPU
350
Ryan Buras , 2023 Page 2 of 2 2. Project Completion Date – The completion date remains October 10, 2025. Please inform thesubrecipient that work completed after this date is not eligible for federal funding, and federal fundsmay be de-obligated for work not completed within schedule for which there is no approved timeextension.3. Record of Environmental Consideration (REC) – This project has been determined to beCategorically Excluded from the need to prepare either an Environmental Impact Statement orEnvironmental Assessment in accordance with FEMA Instruction 108-1-1 and FEMA Directive 108-1-1 as authorized by DHS Instruction 023-01-001-01, Revision 1. Categorical Exclusion N18 (federalassistance for construction or installation of structures, facilities, or equipment to ensure continuity ofoperations) has been applied. Particular attention should be given to the project conditions before andduring project implementation. Failure to comply with these conditions may jeopardize federalassistance including funding. Please reference the enclosed REC for further information4. Standard Conditions – This project approval is subject to the enclosed Standard Mitigation GrantProgram (HMGP) Conditions, amended August 2018. Please note that federal funds may be de-obligated for work that does not comply with these conditions.If you have any questions, please contact Aaron Lim, Hazard Mitigation Assistance Specialist, by email at [email protected], or phone at (510) 627-7036. Sincerely, Kathryn Lipiecki Director, Mitigation Division FEMA Region 9 Enclosures (4): Obligation Report – Supplement 122 Project Management Report Record of Environmental Consideration (REC) Standard Mitigation Grant (HMGP) Conditions cc: Ron Miller, Acting State Hazard Mitigation Officer, California Governor’s Office of Emergency Services Robyn Fennig, Co-Acting State Hazard Mitigation Officer, California Governor’s Office of Emergency Services Joseph Purvis, Division Chief, California Governor’s Office of Emergency Services Robert McCord, Chief, Hazard Mitigation Assistance Branch, FEMA Region 9 351
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353
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the City of Oxnard
Alexander Nguyen City Manager
Alexander Nguyen
the City of Oxnard
362
HAZARD MITIGATION GRANTS PROGRAM:

NOTIFICATION TO SUBGRANTEES GRANT ADMINISTRATION

PROCEDURES

1. ADMINISTRATIVE DOCUMENTS
The administrative documents included with this package must be completed, signed by an authorized representative of the subgrantee and received by California Office of Emergency Services (Cal OES) before any payments can be processed. These forms include:
(1) Subgrantee Assurances;
(2) Designation of Applicant’s Agent Resolution; and
(3) Grant Award Face Sheet.

Completed forms must be mailed to:

California Governor’s Office of Emergency Services (Cal OES) Hazard Mitigation Grants Division
3650 Schriever Avenue
Mather, California 95655

2. WORK SCHEDULES
The subgrantee must provide Cal OES with a projected work schedule within thirty (30) days of receipt of this obligation package. This is a one-time-only report. It should outline the proposed work schedule for the approved activity, including milestones. The milestones listed in your work schedule will be used to measure the progress reported to Cal OES in the Quarterly Reports.

Please provide a separate report for each grant. The work schedule should include the following information.
• Table/Chart or Graph - Create a table, chart or graph depicting your proposed work schedule by major milestones (activities/measures) from the time of initiation to completion of proposed activity. • Time line - How long you anticipate the activity will take to complete (in months).
• Phases - Explain in some detail, if you plan to perform your activity in several phases, and why.
• Completion Dates – Schedule cannot exceed 3 years from the approval date.

The Work Schedule should be sent to:

California Governor’s Office of Emergency Services (Cal OES) Hazard Mitigation Grants Division
3650 Schriever Avenue
Mather, California 95655
Hazard Mitigation Grants Branch Notification to Subgrantees (Revised 9/10/20)

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363

3. PROCUREMENT/COMPETITIVE BIDS PROCESS
All contract/procurement transactions must be carried out in a manner consistent with financial administrative requirements found in Title 44 of the Code of Federal Regulations (44CFR) Part 13 Section 13.36.

4. ALLOWABLE COSTS AND REIMBURSEMENTS
Once Federal Emergency Management Agency (FEMA) approves a total eligible activity cost and obligates funding, Cal OES can process reimbursement requests for eligible activities. Payments are made on a reimbursement basis and no funds will be disbursed for activities that are not consistent with the approved scope of work. Activity expenditures will be reimbursed at 75% of eligible costs. Additionally, Cal OES will withhold retention of 10% from eac h reimbursement request. The retention amount will be released to the subgrantee upon completion of the closeout process and notification of acceptance from FEMA.

Reimbursement requests must be submitted to Cal OES on a Hazard Mitigation Reimbursement Form. The form must be signed by the subgrantee’s designated authorized agent.

Should the subgrantee be able to complete this work for less than the maximum allowable costs, the subgrantee will be reimbursed at 75% of the actual costs.

Any remaining funds will be deobligated. If activity costs exceed the maximum allowable costs, the subgrantee will be reimbursed at 75% of the FEMA approved activity cost.
5 . COST OVERRUNS (HMGP Only)
Cost over-runs can be considered for HMGP grants if available funding exists in t
he declared disaster.

Cost over-runs will be indicated by quarterly progress reports and may be verified by activity inspection. All cost over-runs must be requested before expenditure of costs in excess of the total approved activity costs. Costs in excess of total approved activity costs expended before approval of cost over- runs will not be considered eligible HMGP expenditures. All cost over-runs must be justified by the subgrantee and supported by a benef it -cost analysis prepared using the FEMA benefit-cost models. Unjustified over-runs will be denied by Cal OES. Subgrantees shall obtain written prior approval for any budget change that result in the need for additional federal funds. The request must be signed by the subgrantee’s designated authorized agent. A Grant Award Amendment form signed by the subgrantee’s designated authorized agent may be required prior to approval. A new proposed budget and match letter must also be included.

There is no guarantee that HMGP funds will be available to cover cost over-runs.

Hazard Mitigation Grants Branch Notification to Subgrantees (Revised 9/10/20)

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6. SCOPE OF WORK CHANGES
Any requests for changes to the approved scope of work must be consistent with program guidance and regulations, must be submitted to Cal OES and signed by the subgrantee’s designated authorized agent. Pre-approval is required before the start of any activity not included in the approved scope of work. Costs associated with any activity that is not included in the approved scope of work are not eligible for reimbursement. Any change to the approved scope of work that results in new budget line items, require pre-approval of the proposed activities.

The following will be required to accompany the request:
• D
escription of the new work;
• New revised budget; and
• Environmental review if the proposed change in scope is outside the previously approved project.

7. QUARTERLY REPORT PROCEDURES
Subgrantees are required to submit progress reports to Cal OES on a quarterly basis until the end of the approved performance period or the activity is complete. Quarterly Reports will not be required of activities with duration of less than three months. A single report for such short-term activities will satisfy reporting requirements.

The first Quarterly Report is due to Cal OES within three months following the activity initiation. Quarterly Reports will thereafter be numbered consecutively by quarter and year (e.g. a 24 month project is required to submit 8 quarterly reports.) The following is the schedule for the Quarterly Reports:

First Reporting Period: Jan. 01 - March 31 Report due by April 15 Second Reporting Period: April 01- June 30 Report due by July 15 Third Reporting Period: July 01- Sept. 30 Report due by Oct. 15 Fourth Reporting Period: Oct. 01 – Dec. 31 Report due by Jan. 15 Quarterly Reports shall include, at a minimum:

A. The status and completion date for the activity funded, including any problem or circumstances affecting the completion date, scope of work, or costs which are expected to result in noncompliance with the approved grant conditions; and
B. A des
cription of milestones completed in accordance with the work schedule provided by the subgrantee. The milestones declared in the subgrantee's work schedule will be applied as a standard of the activity’s progress.

Cal OES will review subgrantee reports to identify activities requiring special attention or inspection. The Governor's Authorized Representative will review Hazard Mitigation Grants Branch Notification to Subgrantees (Revised 9/10/20)

Page 3 of 6 ends

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the
reports and forward a report to the FEMA Regional Director on the status of each grant.

Cal OES will suspend reimbursements to subgrantees that are not current in the submission of quarterly progress reports. Reimbursement requests received for suspended grants will be returned to the subgrantee.

Quarterly Reports must be sent to:

California Governor’s Office of Emergency Services
Hazard Mitigation Grants Division
3650 Schriever Avenue
Mather, California 95655

8. INSPECTIONS
Cal OES reserves the right to inspect all activities for compliance. Cal OES may require the subgrantee to perform a final inspection and prepare a report. If inspections and review of the subgrantee support documentation reveal problems in performance of work and/or the documentation of such work, Cal OES shall require the subgrantee to correct the deficiencies before close-out.

9. PERFORMANCE PERIOD EXTENSIONS
All performance period extension requests must be in writing and include:
• The dates and provision of all previous extensions on this activity; • A detailed explanation for the delay; and
• A revised activity work schedule.

All performance period extension requests must be submitted to Cal OES and signed by the subgrantee’s designated authorized agent. Any costs incurred outside of an approved performance period will not be considered eligible activity costs.

Requests for time extensions must be submitted to Cal OES no later than ninety (90) days prior to the end of the current approved performance period. A Grant Award Amendment form signed by the subgrantee’s designated a
uthorized agent may be required prior to the extension being approved.

Cal OES will notify the subgrantee of the determination.

10. FINAL REPORTS
Final Claims must be filed using the Final Claim form. All activity costs are subject to audit; therefore, adequate documentation is required to verify the scope of work and the activity costs. All activity do cumentation must be retained by the subgrantee for three years from receipt of their audit waiver letter. The subgrantee shall submit a final report package to Cal OES when the activity has been completed. The documentation required is dependent on the type of activity. The Final Report package must include at least the following:

Hazard Mitigation Grants Branch Notification to Subgrantees (Revised 9/10/20)

Page 4 of 6 ends

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• A Final Cla
im form;
• A report of accomplishments and results;
• A Budget Summary; and
• Photographs/materials.

Payment of the 10% retention will be processed upon completion and approval notification from FEMA.

11. AUDITS
Cal OES may request an audit of any funds disbursed to a subgrantee at any time, regardless of the amount. Each subgrantee is required to provide reasonable and timely access to all records. Subgrantees that expend combined federal awards above $500,000 must submit audit reports consistent with the requirements of Office of Management and Budget OMB Circular A-133. Such audits of subgrantees will be conducted in accordance with the requirements of the Single Audit Act amendments of 1996 (PL 104-156). Records must be retained by the subgrantee for three years from receipt of their audit waiver letter.

12. MONITORING
In order to provide reasonable assurance of compliance with applicable Federal and State laws and regulations, and to comply with Cal OES’s administrative oversight responsibilities, subgrantee activities shall be monitored and associated finding (s) and program deficiencies resolved though viable corrective action plans. Financial and administrative compliance monitoring is comprised of desk reviews, as well as field reviews, of specific subgrantee information and supporting financial documentation and books of record.

13. APPEALS (HMGP Only)
A subgrantee may appeal any determination made by FE M A relative to grant assistance by submitting justification in writing to Cal OES within sixty (60) days of the action being appealed. Appeals must be submitted through the Governor’s Authorized Representative (GAR). Subgrantees must provide sufficient information to allow the GAR to determine the facts and validity of the request.

Cal OES will review the appeal mater ia l submitted, make any additional investigations necessary and forward the appeal with a written r
ecommendation to the FEMA Regional Director within sixty (60) days.

The FEMA Regional Director shall notify Cal OES as to the disposition of the subgrantee’s appeal or need for additional information within ninety (90) days following receipt of all related information. If the decision is to grant the appeal, the Regional Director will take appropriate implementing action.

If the Regional Director denies the appeal, the subgrantee may submit a second appeal in writing to the GAR. The GAR reviews the second appeal and Hazard Mitigation Grants Branch Notification to Subgrantees (Revised 9/10/20)

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ma
y forward it to the FEMA Associate Director through the FEMA Regional Director. Such appeals shall be made in writing and shall be submitted not later than sixty (60) days after receipt of notice of the Regional Director’s denial of the first appeal. The Associate Director shall render a determination on the GAR’s appeal within ninety (90) days following receipt of all related information.

The Associate Director’s determination is final.

In rendering such determinations, the Associate Director may, in those cases involving appeals of a highly technical nature, refer the appeal to an independent scientific or technical body for review. The GAR must first agree to such a process, including a waiver of the ninety (90) day time limitation for appeal resolution, as well as sharing the cost of such reviews.

See Part 44 of the Code of Federal Regulations (44CFR) Section 206.440.

Hazard Mitigation Grants Branch Notification to Subgrantees (Revised 9/10/20)

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1 Standard Mitigation Grant Program (HMGP) ConditionsFEMA Region IX, August, 2018 The following list applies to Recipients and Subrecipients accepting HMGP funds from the Federal Emergency Management Agency (FEMA) of the Department of Homeland Security (DHS): 1.Applicable Federal, State, and Local Laws and Regulations.The Recipient/Subrecipient must comply with all applicable Federal, State, and Local laws and regulations, regardless of whether they are on this list or other project documents. DHS financial assistance Recipients and Subrecipients are required to follow the provisions of the State HMGP Administrative Plan, applicable Hazard Mitigation Assistance Uniform Guidance, and Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located in Title 2 of the Code of Federal Regulations (CFR) Part 200, adopted by DHS in 2 CFR 3002. 2. Financial Management Systems. The Recipient and Subrecipient must maintain financial management systems to account for and track funds, as referenced in 2 CFR 200.302. 3. Match or Cost Share. Non-federal match or cost share must comply with 2 CFR 200.306, the scope of work (SOW), and any agreements among the Subrecipient, the Recipient, and FEMA. 4. Budget Changes. Unanticipated adjustments are permitted within the approved total cost. However, if costs exceed the federal share, the Subrecipient must notify the Governor’s Authorized Representative (GAR) of overruns before implementation. The GAR shall submit a written request for approval to FEMA Region IX. The subaward must continue to meet HMGP requirements, including cost effectiveness and cost share. Refer to 2 CFR 200.308 for additional information. 5. Real Property and Land. The acquisition, use, and disposition must comply with 2 CFR 200.311. 6. Equipment. The acquisition, use, and disposition must comply with 2 CFR 200.313. 7. Supplies. Upon project completion, FEMA must be compensated for unused supplies, exceeding $5,000 (fair market value), and not needed for other federal programs. Refer to 2 CFR 200.314. 8. Procurement. Procurement procedures must be in conformance with 2 CFR 200.318-320. 9. Monitoring and Reporting Program Performance. The Recipient and Subrecipient must submit quarterly progress reports, as referenced in the 2 CFR 200.328 and State HMGP Administrative Plan. 10. Records Retention. In accordance with 2 CFR 200.333, financial/ programmatic records related to expenditures must be maintained at least 3 years after the date of Recipient’s final expenditure report. 11. Enforcement and Termination. If the Recipient or Subrecipient fails to comply with the award or subaward terms, whether stated in a Federal statute or regulation, the State HMGP Administrative Plan, subpplication, a notice of award, an assurance, or elsewhere, FEMA may take one or more of the actions outlined in 2 CFR 200.338, including termination or partial termination of the award or subaward outlined in 2 CFR 200.339. 12. Allowable Costs. Funds are to be used for allowable costs in compliance with 2 CFR 200.403, the approved SOW, and any agreements among the Subrecipient, Recipient, and FEMA. 369
2 13. Non-Federal Audit. The Recipient and Subrecipient are responsible for obtaining audits in accordance with the Single Audit Act of 1984, in compliance with 2 CFR 200.501. 14. Debarred and Suspended Parties. Recipients and Subrecipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, and 2 CFR 180. These regulations restrict federal financial assistance awards, subawards, and contracts with parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in the federal assistance programs or activities. 15. Equipment Rates. Rates claimed for use of Subrecipient-owned equipment in excess of the FEMA-approved rates must be approved under State guidelines issued by the State Comptroller's Office or must be certified by the Recipient to include only those costs attributable to equipment usage less any fixed overhead and/or profit. 16. Duplication of Funding between Public Assistance (PA) and HMGP. Funding for PA Section 406 and HMGP Section 404 are permitted on the same facility/location, but the activities identified under each program must be distinct with separately accounted funds. At closeout, FEMA may adjust the funding to ensure the Subrecipient was reimbursed for eligible work from only one funding source. 17. Historic Properties and Cultural Resources. In compliance with 2 CFR 800, if a potential historic property or cultural resource is discovered during construction, the Subrecipient must cease work in the area and take all reasonable measures to avoid or minimize harm to the discovered property/resource. During construction, the Subrecipient will monitor ground disturbance activity, and if any potential archeological resources are discovered, will immediately cease work in that area, and notify the Recipient and FEMA. Construction in the area may resume with FEMA’s written approval after FEMA’s consultation, if applicable, with the State Historic Preservation Officer (SHPO). 18. NEPA and Changes to the Scope of Work (SOW). To comply with the National Environmental Policy Act (NEPA), and other Laws and Executive Orders, any change to the approved SOW shall be re-evaluated before implementation. Construction associated with a SOW change, prior to FEMA approval, may be ineligible for funding. Acceptance of federal funding requires environmental permits and clearances in compliance with all appropriate federal, state and local laws, and failure to comply may jeopardize funding. Within their authority, the Recipient and Subrecipient must use of all practicable means, consistent with other essential policies, to create and maintain productive harmony for people and nature, and fulfill the social, economic, and other needs of present and future generations of Americans. \\R9li8a1\mitdata$\05. HMA Grants Management\02. HMGP\HMGP Standard Conditions\Standard HMGP Conditions, August 2018.docx 370

Bond No. __________

PAYMENT BOND
(LABOR AND MATERIALS)

KNOW ALL PERSONS BY THESE PRESENTS that:

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

(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as MAIN POLICE STATION EMERGENCY BACKUP GENERATOR PROJECT SPECIFICATION NO. PD 22-66.

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

NOW, THEREFORE, we, the undersigned Principal, and

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

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

the time within which a joint labor management committee may commence an action against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

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

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

Dated:

“Principal”

By:

Its:

(Seal)

“Surety”

By:

Its:

By:

Its

(Seal)

Notes: This Bond must be executed and dated, all Surety signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Date of Bond must not be before the Effective Date of the Contract. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California.
372

Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

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

(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as MAIN POLICE STATION EMERGENCY BACKUP GENERATOR PROJECT SPECIFICATION NO. PD 22-66.

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

NOW, THEREFORE, we, the undersigned Principal, and

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

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

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

Surety’s obligations under this Bond. The Surety hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. Surety hereby waives California Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

Dated:

“Principal”

By:

Its:

(Seal)

“Surety”

By:

Its:

By:

Its

(Seal)

374

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.5

DATE: July 21, 2020

TO: City Council

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

SUBJECT: Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program Emergency Backup Generators Budget Appropriation.

RECOMMENDATION

That the City Council authorize:

1. The recognition and appropriation of FEMA Hazard Mitigation Grant Program funding for the Oxnard Shores Emergency Backup Generator Project #PJ0460 in the amount of $79,833 with a grant award of $59,875 and a City match of $19,959 to Wastewater Emergency Backup Generator Project No. 206604;

2. The recognition and appropriation of FEMA Hazard Mitigation Grant Program funding for the Main Police Station Emergency Backup Generator Project #DR-4353-0195 in the amount of $400,160 with a grant award of $300,120 and a City match of $100,040 to the Police Emergency Backup Generator Project No. 662164.

BACKGROUND

On July 10, 2018, City Council authorized the submittal of an application to the California Office of Emergency Services (Cal OES) Hazard Mitigation Grant Program (HMGP) for emergency backup generators for the Sewer Lift Station 4 serving the Oxnard Shores Neighborhood (Oxnard Shores) and for the Oxnard Police Department headquarters (Police).

The Oxnard Shores project will provide a fuel efficient and reliable backup energy source for the lift station in the event of a system power failure. The Police project ensures that the Police Department headquarters has a reliable backup power system that can power modern communication and computer equipment at the facility and is also included in the City’s Capital Improvement Program.

CIP Reference:

Project No. 202102 - Police Station Emergency Backup Generator - CIP 2020-2025 - Adopted June 16, 2020 - Page 57.

DISCUSSION

In late 2019, the City received a grant application approval letter stating that the Oxnard Shores Emergency Backup Generator Project was approved for grant funding for a total project cost of $79,833.00. The grant award is for $59,874.75 which is 75% of the total project cost. There is a 25% City match requirement amount of $19,958.25 which has been identified.

On February 25, 2020, the City received a grant application approval letter notifying that the Main Police Station Emergency Backup Project was approved for grant funding for a total project cost of $400,160.00. The grant award is for $300,120.00 which is 75% of the total project cost. There is a 25% City match requirement amount of $100,040 which has been identified.
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The Oxnard Shores Emergency Backup Generator Project was the first HMGP grant awarded to the City, with the Main Police Station Emergency Generator Project being the second. The City currently has three (3) additional HMGP grant applications still in review by FEMA which are expected to be awarded in FY 2020-21.

Oxnard Shores Emergency Backup Generator Project
The City of Oxnard Wastewater Division owns and operates 15 sewer lift stations that convey sewage to the 18 million gallon per day Wastewater Treatment Plant. Each lift station is powered by a connection to a Southern California Edison (SCE) electrical system. Although SCE power is usually reliable, backup generators are utilized to ensure the continued operation of lift stations in the event of a power disruption. It is crucial that sewer lift stations have dedicated backup power sources to reduce the possibility of a sanitary sewer overflow (SSO). Currently, Lift Station 4 in the Oxnard Shores neighborhood does not have a dedicated backup power source and relies on leased generators for emergency needs.

The Wastewater Division has procured a portable Multiquip diesel generator that is not only energy efficient, but also operates quietly for use in residential neighborhoods. The procurement of the portable generator fulfills the need to have an effective, reliable backup power source at the Lift Station 4 and reduce the risk of an interruption of power and a potential SSO. The backup generator will ensure the continued operation of the lift station during system power loss, and support the local surrounding communities with its essential function.

Main Police Station Emergency Backup Project
The Police headquarters building is central to Oxnard’s public safety and emergency operations. The facility supports 249 officers and 122 civilian employees, temporary detention, and essential communications functions. Among the critical components of the Police headquarters building is the Emergency Communications Center (Center). The Center operates twenty-four (24) hours daily, and is staffed by public safety dispatchers. During 2017 (the data year used in the grant application), the Center processed over 375,000 telephone calls, including 911 calls. The Center is a designated public safety answering point for not only police-related calls, but also for those related to fire and EMS service. In the case of fire and EMS calls, they are first received and assessed in the Center, then forwarded to the Ventura County Fire Department’s answering center. The Center serves as the communication link to field units for both radio and mobile data computers. The Police headquarters building houses a temporary holding facility in which arrestees are booked. During the course of an average day, approximately 18 to 20 persons are held in this facility for periods of up to six (6) hours as they are being processed, interviewed and booked.

The current 210 kW generator, installed during the original building construction, has proven to no longer be adequate to support the essential functions required of the facility. In January 2016, a power failure rendered the center ineffective for approximately two hours. Incoming calls could not be received, and radio transmission functionality in the Center was lost. The perimeter gates also failed and had to be manually opened, posing a potential security risk. While the booking facility fortunately did not have arrestees, the incident was a clear reminder of the vulnerabilities of this essential facility to periods of power interruption. During the period following a disaster event, when the potential for crimes of opportunity and other criminal activity may increase and the need for communication and coordination of enforcement is more pronounced, a lack of operational function would become a significant issue.

The project will implement an effective, reliable backup power source at the Police headquarters building that will insure its continued operation in the event of an interruption of power. Continued operation allows the facility to remain in service following a disaster, and support the communications and coordination efforts associated with its essential function. The continued operation will support dispatch, 911 call center, detention and administrative functions of the Police headquarters building that allows for continued service and protection of the City. The procurement of a 305kW generator for the Police headquarters building will allow this critical facility to retain its serviceability in the event of a power outage and continue performing its required public safety and emergency operational functions.

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STRATEGIC PRIORITIES

This agenda item is a routine operational item or does not relate to the four strategic plans adopted by City Council on May 17, 2016.

FINANCIAL IMPACT

The total cost for the Oxnard Shores Emergency Backup Generator Project No. 206604 is $79,833.00 which includes the HMGP grant award of $59,875 and City matching funds of $19,959. Staff requests authorization to recognize and appropriate $59,874.75 in HMGP grant funding for the purchase of a generator in FY 2019-20. There is sufficient budget appropriation in the Wastewater Operating Fund (621-6205-891-86-06) of $19,958 for the 25% match required. The generator has been purchased and grant funding will be exhausted in FY 2019-20.

The total cost for the Main Police Station Emergency Backup Project No. 662164 is $400,160 which includes the HMGP grant award of $300,120 and City matching funds of $100,040. Staff requests authorization to recognize and appropriate $300,120 in HMGP grant funding to purchase a generator as well as appropriate $100,040 in City matching funds to be transferred from the General Fund Contingency account (101-1001-801-88-02) to the Capital Outlay Fund (account 301- 2110-826-86-06) for FY 2019-20.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Tatiana Arnaout, City Engineer

ATTACHMENTS

1. BA -Hazard Mitigation Grants (Police & WW Generators)

2. FEMA Grant Application Approval - Oxnard Shores Generator

3. FEMA Grant Application Approval - Police Station Generator

4. Resolution 15,157 - Approving Submittal of Grant Application 377

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.9

DATE: September 3, 2024

TO: City Council

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

SUBJECT: Seventh Amendment to Agreement 8231-18-PW with m6 Consulting Inc. for On-Call Professional Engineering Services.

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute a Seventh Amendment to Agreement 8231-18-PW with m6 Consulting Inc. in the amount of $95,000 for a new, not to exceed contract amount of $995,000 for On-Call Professional Engineering Services and extend the term date from December 31, 2024 to December 31, 2025.

(This item did not originate in committee because it is a continuation of an item previously approved by the City Council.)

BACKGROUND

The City requires on-call professional consultants for specialized work in order to complete various projects, including those associated with the Capital Improvement Program (CIP). Due to the nature of these tasks and the significant amount of active CIP projects now and anticipated in the near-future, Public Works does not have the internal resources to dedicate solely to these projects and therefore utilizes these outside providers on CIP projects and related tasks.

Additionally, projects with grant funding are subject to a tight timeline and as such, consultants are able to take on projects to help with the large workload to ensure timely completion and avoid losing grant funding.

The Professional Services under this On-Call Agreement is carried out via task orders for each individual project or assignment. The work associated with this amendment is listed in the Scope of Services Exhibit attached hereto.

DISCUSSION

Professional services under this agreement will be provided through task orders for individual projects assigned by the City and under the supervision of a Project Manager or the City Engineer. The task order proposal received from the consultant will typically include a concise description of the scope of work to be performed by the consultant and a schedule for completion of the work. It is the consultant's responsibility to determine the best and most cost-effective method to complete the work so that the assigned task order can be completed to the satisfaction of the City.

For this present request, m6 Consulting Inc. (m6), has provided various services for the City under Agreement A-8231 that was approved by City Council in July 2018. The Agreement with m6 was originally in the amount not to exceed $175,000 and has since been amended six times to extend the term dates and add additional funds.

1. The First Amendment was approved in March 2019 extending the Agreement to April 1, 2020.

2. The Second Amendment was approved in May 2019 for a new not to exceed amount of $200,000.

3. The Third Amendment was approved in June 2019 for a new not to exceed amount of $450,000 and extending the Agreement to February 28, 2021.
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4. The Fourth Amendment was approved in February 2021 for a new not to exceed amount of $650,000 and extending the Agreement to February 28, 2022.

5. The Fifth Amendment was approved in February 2022 extending the Agreement to December 31, 2023.

6. The Sixth Amendment was approved in April 2023 for a new not to exceed amount of $900,000 and extending the Agreement to December 31, 2024.

Supplementing City staff resources with contracted professional services is a tried-and-true practice, and is a vital tool that helps the City manage CIP and other projects effectively and efficiently. In this case, m6 continues to provide the City with valuable engineering expertise that is beneficial to the CIP, and to the recently staffed City Engineer position.

Some of the CIP projects that m6 is actively working on are:
• Campus Park Activation
• City Hall and Annex Improvements
• 4th Street Mobility Improvements
• Durley Park Improvements
• Central Park Fountain

To continue providing the much-needed services through December 31, 2025, staff recommends adding additional funds in the amount of $95,000 and increasing the not-to-exceed Agreement with m6 to $995,000.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The total cost for this Amendment with m6 shall not exceed $95,000 with a new not to exceed total of $995,000 for professional engineering services. Funding will be charged to a given project or funding source dependent upon the services performed by task orders. The respective Project Manager or City Engineer will ensure sufficient funding is available in the FY 2024-25 Adopted Budget or CIP project budget for related tasks prior to initiating task order or services performed.

COMMITTEE OUTCOME

This item did not originate in committee because it is a continuation of an item previously approved by the City Council.

Prepared by: Morgan Kessler, City Engineer

ATTACHMENTS

1. Seventh Amendment - Agreement 8231-18-PW

2. Original Agreement 8231-18-PW through Sixth Amendment

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Agreement No. 8231-18-PW

SEVENTHAMENDMENTTOPROFESSIONALSERVICESAGREEMENT
ThisSeventhAmendment(“SeventhAmendment”)totheAgreementforProfessionalServices(“Agreement”)ismadeandenteredintointheCountyofVentura,StateofCalifornia,this______dayof__________,20___,byandbetweentheCityofOxnard,amunicipalcorporation(“City”),andM6ConsultingInc.(“Consultant”).ThisSeventhAmendmentamendstheAgreemententeredintoonJuly10,2018,byCityandConsultant.TheAgreementpreviouslyhasbeenamendedonMarch18,2019,byaFirstAmendment,onMay28,2019byaSecondAmendment,onJune4,2019byaThirdAmendment,onFebruary16,2021byaFourthAmendment,onFebruary3,2022byaFifthAmendment,andonApril4,2023byaSixthAmendment CityandConsultantagreeasfollows:

1. InSection12oftheAgreement,thedate“December31,2024”isherebydeletedandreplacedwiththedate“December31,2025”.

2. InSection14aoftheAgreement,thenottoexceedamountof“900,000”isherebydeletedandreplacedwith“995,000”

3. UnderthisAmendmentnoadditionaltaskorderswillbeissued.ThisAmendmentistosupportthecompletionofcurrentopentaskorders.Currentopentaskordersinclude,CampusParkActivation,CityEngineerSupportServices,andCentralParkFountainDesign

4. NoadditionalamendmentswillbeissuedunderthisAgreement.

5. Assoamended,theAgreementremainsinfullforceandeffect. [Signaturesonnextpage]
SEVENTHAMENDMENTTOPROFESSIONALSERVICES (V-01-17-19))
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Agreement No. 8231-18-PW
IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.

CITY OF OXNARD M6 CONSULTING INC.
☐John C. Zaragoza, Mayor 1 Date Robert P . Woodward, CEO Date ☐Jennifer Y ates, Purchasing Agent2
Masoud Mahmoud, CFO 3 Date
A TTEST:

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

Stephen M. Fischer, City Date
Attorney (always required)
3 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

If the company has a different structure, or if the above-listed persons are not the appropriate signers, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 1 The City Council must authorize and the Mayor must execute any agreement over $200,000.

SEVENTH AMENDMENT TO PROFESSIONAL SERVICES (V-01-17-19)) 381
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CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. L.1

DATE: September 3, 2024

TO: City Council

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

SUBJECT: Public Project Agreement 32500089 with Taft Electric Company for the Water Resource Recovery Facility Headworks Variable Frequency Drive Replacement Project, Specification No. PW 22-47. (10 minutes)

RECOMMENDATION

That the City Council approve and authorize:

1. A total of $2,299,044 in project funds for the Water Resource Recovery Facility Headworks Variable Frequency Drive Replacement Project, Specification No. PW 22-47;

2. The Mayor to Execute an Agreement with Taft Electric Company in the amount of $1,915,870 and a Project contingency amount of $191,587 (10%) with Taft Electric Company for a total not to exceed value of $2,107,457 for the Project; and

3. A Project allocation amount of $191,587 (10%) for engineering, inspection, survey and project management for the Project.

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

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

BACKGROUND

The Oxnard Water Resource Recovery Facility (WRRF) headworks was constructed in 2003 and is the receiving station for the City’s three sewer trunk lines. Headworks consists of two fixed speed pumps and four pumps with variable frequency drives (VFD) that transfer incoming sewage to the primary clarifiers. The existing VFDs and programmable logic controller (PLC) were installed in 2003 and have far exceeded the typical seven to ten year useful life. These pumps are critical for conveying flows from the underground sewer collection system to the initial aboveground stages of the wastewater treatment process and the electrical equipment needs to be replaced to ensure the proper operations and prevent surcharging in the collections system.

Please note, as part of the May 14, 2024 Public Works and Transportation Committee Wastewater Division General Update, the naming of the Oxnard Wastewater Treatment Plant (OWTP) was changed to the Oxnard Water Resource Recovery Facility to match current industry standard. The project title was updated accordingly.

Capital Improvement Program (CIP) Reference:

Project No. C2118 – WRRF Headworks Variable Frequency Drive Replacement Project (previously: OWTP Headworks VFD Replacement Project) - CIP 2025-2029 - Adopted June 4, 2024.

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DISCUSSION

The specific work for this Project includes furnishing all necessary labor, materials, equipment and other incidental and appurtenant Work to replace four existing VFDs and remove two existing soft starts (motor soft starts gradually increase the electrical load limiting mechanical wear during start-up) and replace them with VFDs at the headworks area of the WRRF located at 6001 Perkins Road.

The work is tentatively scheduled to begin in Winter of 2024 and continue into Fall of 2025 (260 working days), absent any delays for supply chain issues, unforeseen site conditions or inclement weather. Engineering staff will work closely with the OWTP staff to keep them informed of the schedule.

The notice inviting formal bids (NIFB) on the Project was published on May 16, 2024 and all bids were due and opened on July 9, 2024. The City received two bids. The responsive bids received are as follows:

Taft Electric Company: $1,915,870
Leed Electric, Inc.: $1,999,902

The lowest bidder is Taft Electric Company, and its bid is responsive to the City’s NIFB. Following this determination, procurement staff reviewed all documentation received from Taft Electric and its subcontractors. Procurement staff verified possession of required currently valid licenses, reviewed the federal Occupational Safety and Health Administration (OSHA) website for safety violations, and verified registration with the California Department of Industrial Relations (DIR). Based upon the available information and research performed to date, staff believes that the contractor is capable of satisfactorily completing the project. Thus, staff recommends that the City Council award the contract for this Project to Taft Electric Company.

In addition to the project award amount of $1,915,870, staff recommends authorizing $383,174 for the project, which includes $191,587 for project contingency (10% of the contract costs) and $191,587 for the cost of engineering services and City staff (10% of the contract cost). Engineering services include the following activities during construction:
engineering, inspection, survey and project management. These recommendations bring the total estimated cost of the project to $2,299,044.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The total cost for this Project shall not exceed $2,299,044 which includes the construction agreement, contingency and project allocation. The WRRF Headworks Variable Frequency Drive Replacement Project (C2118) has sufficient project budget of approximately $3.9 million in the Wastewater Capital Fund (612), funded via the Wastewater Operating Fund (611).

COMMITTEE OUTCOME

Prepared by: Timothy Beaman, Assistant Public Works Director

ATTACHMENTS

1. Agreement 32500089 Taft Electric PW 22-47

2. Presentation

421
Agreement No. 32500089

1 CONSTRUCTION CONTRACT FOR

OWTP HEADWORKS VARIABLE FREQUENCY DRIVE REPLACEMENT PROJECT, SPECIFICATION NO. PW 22-47

BY AND BETWEEN

THE CITY OF OXNARD

AND TAFT ELECTRIC COMPANY

THIS CONSTRUCTION CONTRACT (the “Contract”) is made and entered this 3rd day of September, 2024 (“Effective Date”), by and between the CITY OF OXNARD, a California municipal corporation (“City”) and TAFT ELECTRIC COMPANY (“Contractor”). Contractor’s license number is 772245. The City and Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.”

WHEREAS, the City requires construction of the OWTP HEADWORKS VARIABLE FREQUENCY DRIVE REPLACEMENT PROJECT as more fully described in the solicitation issued by the City for SPECIFICATION NO. PW 22-47 (the “Project”); and

WHEREAS, on May 16, 2024 the City issued a Notice Inviting Bids and Contract Documents to prospective bidders for the Project. In response, Contractor submitted a Bid which the City determined to be the lowest responsive and responsible bid; and

WHEREAS, Contractor is a duly organized corporation in good standing in the State of California, and represents that it has the background, knowledge, experience, expertise and resources to perform the Work and other obligations encompassed by this Contract; and

WHEREAS, at its meeting held on September 3, 2024 the Oxnard City Council duly accepted Contractor’s Bid Proposal for the Project and directed that a written agreement for the Project be entered into with Contractor;

NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND PROMISES

CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO AGREE AS FOLLOWS:

1. RECITALS

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

2. CONTRACT DOCUMENTS; ORDER OF PRECEDENCE

A. Contract Documents. The Contract Documents consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference. Said Contact Documents are complementary; what is called for in one is binding as if called for in all, and together constitutes Contractor’s performance obligations:

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Agreement No. 32500089

2 1. Contract and its attached Exhibits, subject to the limitations in Sections 10 (“Prevailing Wage”) and 24 (“Ambiguities”) with respect to Exhibit “A” (Contractor’s submitted Bid Proposal as accepted by the City);

2. Change Orders issued and approved by the City;

3. Bid Addenda issued by the City;

4. Notice Inviting Bids and Instructions to Bidders;

5. Plans

6. Technical Specifications

7. Special Provisions

8. General Provisions

9. Appendices

10. Bid Forms and attachment thereto;

11. Performance Bond;

12. Payment Bond.

3. CONTRACTOR’S OBLIGATIONS

A. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents, and to the satisfaction of the Public Works Director or his/her designee (hereinafter the “Project Manager”).

B. Until the acceptance of the Work, the Contractor shall have the responsible charge and care of the Work and of the materials to be used therein, (including materials for which partial payment has been received or materials which have been furnished by the City), and shall bear the risk of injury, loss or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the nonexecution of the Work.

D. The suspension of the Work from any cause whatever shall not relieve the Contractor of his responsibility for the Work and materials as herein specified. If ordered by the City’s Representative, the Contractor shall, at the Contractor’s sole cost and expense, properly store materials which have been partially paid for by the City or which have been furnished by the City. Such storage by the Contractor shall be on behalf of the City, and the City shall, at all times, be entitled to the possession of such materials, and the Contractor shall promptly return the same to the site for the work when requested. The Contractor shall not dispose of any of the materials so stored, except with written authorization from the City.

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

F. Notwithstanding the foregoing provisions of this article, the Contractor shall not be responsible 423
Agreement No. 32500089

3 for the cost of repairing or restoring damage to the Work, which damage is determined to have been proximately caused by an Act of God, in excess of five (5) percent of the contracted amount, provided the work is built in accordance with accepted and applicable building standards and the approved Plans and Specifications.

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

4. LICENSES REQUIRED

A. The Contractor shall possess a valid Class A General Engineering Contractor’s license issued by California State Contractors License Board.

B. If traffic control in a construction zone is required, it must be performed by a State of California Construction Zone Traffic Control Contractor, Specialty License Classification C-31.

D. The Contractor will also be required to possess a City of Oxnard business license at the time of Contract award.

5. CONTRACT PRICE; PAYMENT AND RETENTION

A. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor ONE MILLION, NINE HUNDRED FIFTEEN THOUSAND, EIGHT HUNDRED SEVENTY DOLLARS, ($1,915,870) (the “Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with Contractor’s Bid Proposal (attached hereto as Exhibit “A”) subject to the provisions of this Contract and the Contract Documents.

B. Procedures relating to payment and retention are set forth in the Special Provisions.

6. CONTRACT TIME; NOTICE TO PROCEED; TERM

A. Contract Time. The Work under this Agreement shall be diligently prosecuted to completion before expiration of two hundred sixty (260) Working Days, after the issuance of the Notice to Proceed. The City will not issue a Notice to Proceed to the Contractor until this Contract, including payment and performance bonds, insurance documents, business tax certificate have been executed and/or approved by the City.

B. Notice to Proceed. No work, service, material, or equipment shall be performed or furnished under this Contract unless and until a Notice to Proceed has been given to the Contractor by the City. Contractor shall commence Work pursuant to the Contract Documents and as directed by the City in the Notice to Proceed, and diligently execute the same to completion within the Contract Time. Any Work that is done by the Contractor in advance of such time shall be considered as being done at the Contractor’s own risk and responsibility, and as a consequence will be subject to rejection.

4 7. DISPUTE RESOLUTION AND CLAIMS PROCEDURES

2. Any Public Works Claims not resolved by the Section 9204 procedures (and/or any tort claims) shall be subject to the provisions of the Government Claims Act (Government Code section 810 et seq.).

C. For disputes or claims that do not constitute Public Works Claims, City and Contractor agree to comply with the following process:

1. Each Party shall designate a senior management or executive level representative to negotiate any dispute.

2. The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.

3. If the issue remains unresolved after ten (10) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by negotiation between the legal counsel for each Party. If the above process fails, the Parties may mutually agree to engage in non-binding mediation or arbitration in which the Parties equally share the costs of any mediator or arbitrator, or may proceed with suit or other remedies, subject to the provisions of Subparagraph (5) of this Subsection and other applicable provisions and laws.

4. The alternative dispute resolution process set forth herein is a material condition to Contract and must be exhausted as an administrative remedy prior to either Party initiating legal action.

5. The provisions of the Government Claims Act (Government Code Section 810 et seq.) are also required prior to initiating suit against the City.

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5 8. TERMINATION OF AGREEMENT FOR CONVENIENCE