Agenda packet — Oxnard City Council, November 19, 2024 (part 3 of 3)

Agreement No. 32500183
460

IRAN CONTRA

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

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

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

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

By (Authorized Signature):
___________________________________________
Printed Name & Title of Person Signing: Date Executed
_____________________________________________ __________________________ Executed in the County of________________________________ in the State of __________________ OPTION No.2 – EXEMPTION
Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services. If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below and attach documentation demonstrating the exemption approval.

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

By (Authorized Signature):
_____________________________________________
Printed Name & Title of Person Signing: Date Executed
____________________________________________ ________________________ Executed in the County of_____________________________________ in the State of ____________

EXHIBIT F

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and GHD Inc.)
Agreement No. 32500183

Page 33 of 33 ends

GHD Inc. 98-0425935
Sridhar Sadasivan
(EVP, General Manager)
09/23/2024
California
Riverside
461
AB1600 Annual and Five-Year Report for
Development Impact and In-Lieu Fees
City of Oxnard
For the Fiscal Year and Five Years Ending June 30, 2023 Prepared by:
101 Progress, Suite 250 | Irvine, CA | 92618
462

Development Impact Fee Annual Report (FY 22-23)

Table of Contents

Executive Summary ................................................................................................................................... 1 Section 1 – Requirements of the Mitigation Fee Act (AB1600) ................................................................ 2 Section 2 – Annual Report ........................................................................................................................ 3 Fund 350-8020: Park and Recreation Fee ............................................................................................. 3 Fund 350-8030: Storm Drain Facility Fee .............................................................................................. 6 Fund 350-8040: Traffic Circulation Fee ................................................................................................. 9 Funds 350-8050 & 350-8060: Growth Requirement Capital Fee ....................................................... 12 Fund 350-8055: Mobility Fee .............................................................................................................. 17 Fund 350-8080: Public Art Program Fee ............................................................................................. 20 Funds 603 & 605: Water Resource Development Fee & Capital Facility Charge................................ 23 Fund 613: Wastewater Collection Connection & Treatment Fee ....................................................... 27 Fund 360-7050: Affordable Housing In-Lieu Fee ................................................................................ 30 Fund 350-8070: Utility Undergrounding In-Lieu Fee .......................................................................... 33 Section 3 – Fund Summary ..................................................................................................................... 36 Section 4 – Fiscal Years 2018-2019 through 2022-2023 Five-Year Report ............................................. 38

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Development Impact Fee Annual Report (FY 22-23) 1

Executive Summary
Development Impact Fees (DIFs) are fees imposed by a local government on new or proposed development projects to ensure public services and infrastructure will be sufficient to serve those new development projects. California state law requires local agencies, on an annual basis, to prepare a report on the status of their Development Impact Fee (DIF) program in accordance with California Assembly Bill 1600 (AB1600). This report will serve as the City of Oxnard’s AB1600 report for the fiscal year starting July 1, 2022, and ending June 30, 2023 (FY 22-23).

The City’s In-Lieu fees that new development may choose to pay in lieu of mitigating their impacts through construction are also included in this report. With the additional inclusion of In-Lieu fees, this report has been expanded to also report on the five-year requirements of AB1600. This report will serve as the City of Oxnard’s AB1600 five year report for the fiscal year starting July 1, 2018, and ending June 30, 2023.

The fees for Parks and Recreation, Storm Drain, Traffic Circulation, Growth Requirement Capital (Residential and Non -Residential), Public Art Pro gram, Utility Undergrounding In -Lieu, and Affordable Housing In-Lieu were updated on May 19, 2020, by Resolution 15,329 adopting the City of Oxnard Development Impact Fee Nexus Study (April 2020) and Resolution 15,330 adopting the Affordable Housing In Lieu Fee Nexus Study (April 2020). To assist developers with adjusting to the new rates, Council adopted a phased in approach based upon level of fee increase and comparison with surrounding jurisdiction DIFs. The updated fees became effective July 18, 2020, and are adjusted annually using the June Engineering News Record Construction Cost Increase for the Los Angeles region.

The City of Oxnard currently collects the Development Impact Fees and In-Lieu fees listed in the table below. The City fund numbers have been revised to reflect the City’s new financial system.

Fee New Fund
Number
Previous Fund
Number
Parks and Recreation Fee 350-8020 352
Storm Drain Facility Fee 350-8030 353
Traffic Circulation Fee 350-8040 354
Growth Requirement Capital Fee
(Residential & Non-Residential)
350-8050 &
350-8060
355 & 356
Mobility Fee 350-8055 357
Art in Public Places Fee 350-8080 547
Water Resource Development Fee 603 603
Water Capital Facility Charge 605 605
Wastewater Collection Connection & Treatment Fee 613 613/623 Affordable Housing In-Lieu Fee 360-7050 371
Utility Undergrounding In-Lieu Fee 350-8070 358
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Development Impact Fee Annual Report (FY 22-23) 2

Section 1 – Requirements of the Mitigation Fee Act (AB1600) Assembly Bill 1600 (AB1600), commonly known as the Mitigation Fee Act, was enacted by the State of California in 1987 and created Section 66000 et. seq. of the Government Code. AB1600 requires the City to report fee information annually and every fifth year. Within 180 days after the last day of each fiscal year, the City must make available the following information from the prior fiscal year:

1. Brief description of the type of fee in the account or fund

2. Amount of the fee

3. Beginning and ending balance in the account or fund

4. Amount of fees collected and the interest earned during the previous year

5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees

6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete

7. Description of each inter fund transfer or loan made from the account , including the public improvement on which the transferred or loaned fees will be expended, and when each loan will be repaid and the rate of interest the account will receive on the loan

8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects
For the fifth fiscal year following the first deposit into the account or fund, and every five years thereafter, the City must make the following findings with respect to any remaining funds in the fee account, regardless of whether those funds are committed or uncommitted:

1. Identification of the purpose to which the fees are to be put

2. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged

3. Identification of all sources and amounts of funding anticipated to complete financing for incomplete improvements identified as part of the City’s annual report

4. Identification of the approximate dates on which the funding referred to in Requirement 3 is expected to be deposited into the appropriate account or fund The City must make this information available for public review and must present it at the next regularly scheduled public meeting no less than 15 days after this information is made available to the public. This report is intended to satisfy the annual reporting requirements for FY 22-23, as well as the five-year report for FY 18-19 through FY 22-23. The City previously completed a five-year report in FY 19-20.

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Development Impact Fee Annual Report (FY 22-23) 3

Section 2 – Annual Report
The following section provides information necessary to meet the legal requirements for each impact fee fund. This includes a brief description of the fee, the amount of the fee, the beginning and ending balances, fee revenues collected, interest earned, and the expenditures on each project including the percentage that was funded with fees . It also includes a table summary of whether sufficient funds have been identified to complete future projects and the approximate date by which the construction of the public improvement will commence if sufficient funds have been identified.

Any transfers or loans are also identified as well as any refunds from the account.

Fund 350-8020: Park and Recreation Fee
Requirement 1. Brief description of the type of fee in the account or fund.

The Park and Recreation Fee requires that all
new residential development pay a one -time
fee per residential unit to fund the construction
of new parks. The Park and Recreation Fee
was originally established by Ordinances
1421, 1448, 1696, 1949, and 2031 and was
updated in 2020 via Resolution 15,329.

Requirement 2. Amount of the fee.

The Park and Recreation Fee for FY 22-23 is summarized in Table 1.

Table 1: Park and Recreation Fee

Requirement 3. Beginning and ending balance in the account or fund.

Table 2 summarizes the beginning and ending fund balances for the Park and Recreation Fee for FY 22-23.

Land Use
Fee as of
July 18, 2021
Fee as of
July 18, 2022
Residential (per DU)
Single Family $5,307 $6,993
Multi Family $3,531 $4,624
Non-Residential
All Non-Residential Exempt Exempt
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Development Impact Fee Annual Report (FY 22-23) 4

Requirement 4. Amount of fees collected and the interest earned during the previous year.

Table 2 summarizes the fees collected and the interest earned for the Park and Recreation Fee during FY 22-23.

Table 2: Park and Recreation Fee Fund Summary

Table 3 displays the expenditures on Park and Recreation Fee projects for FY 22-23.

Fund No. 350-8020
Park and Recreation Fee
Beginning Fund Balance as of July 1, 2022 $691,918.66
Revenues
Fees Collected $142,884.93
Interest Earned $15,208.54
Fair Market Value Adjustment1 ($13,518.21)
Other Revenues $0.00
Total Revenues $144,575.26
Expenses
Project Expenses $0.00
Developer Reimbursement $0.00
Indirect Charges2 ($736.00)
Total Expenses ($736.00)
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2023 $835,757.92
2) Indirect Charges include central services expenses related to administering the fee program.
1) Fair Market Value Adjustment may be negative due to GASB Statement 31 for a temporary fair value adjustment.
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Development Impact Fee Annual Report (FY 22-23) 5

Table 3 summarizes the planned future expenditures for the Park and Recreation Fee and the anticipated construction start date.

Table 3: Park and Recreation Fee Project Expenditures

Requirement 7. Description of each interfund transfer or loan made from the account, including the public improvement on which the transferred or loaned fees will be expended, and when each will be repaid and the rate of interest the account will receive on the loan.

There were no transfers or loans from this fund in FY 22-23.

Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects.

There were no refunds made from this fund in FY 22-23.

Project No. Project Name Project Budget1
E xpenditures
to Date
FY22-23
Actual
E xpenditures Future E xpenditures
% Funded
by Fee
Approx.

Construction
Start Date2
C9001 / 905701 Cabrillo Neighborhood Park 161,045.00$ -$ -$ 161,045.00$ 100% FY 27-28 C9401 / 945702 Citywide Park Improvement Program 322,292.00$ 43,546.70$ -$ 278,745.30$ 100% FY 27-28 C2104 Campus Park Activation 8,500,000.00$ -$ 850,000.00$ 10% FY 24-25 n/a Skatepark in Colonia 3,000,000.00$ -$ 300,000.00$ 10% FY 24-25 - Indirect Charges 3 -$ -$ 736.00$ -$ - n/a GRAND TOTAL 11,983,337.00$ 43,546.70$ 736.00$ 1,589,790.30$ 1) Budgets identified in the City of Oxnard 2022-2027 Capital Improvement Program and by City Finance and CIP Staff. 2) Construction start date may be revised pending availability of funds and staff resources. 3) Indirect Charges include central services expenses related to administering the fee program.

Note: Small variances may appear due to rounding.
468
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Development Impact Fee Annual Report (FY 22-23) 6

Fund 350-8030: Storm Drain Facility Fee
Requirement 1. Brief description of the type of fee in the account or fund.

The City imposes a fee on new
development based upon their prorated
share of the cost of constructing the
improvements identified in the City’s
Drainage Master Plan. The City’s Storm
Drain Facility Fees were based on
Ordinance 2258 and Resolution 10274
and were updated as part of the 2020 DIF
update via Resolution 15,329.

Requirement 2. Amount of the fee.

The Storm Drain Facility Fee for FY 22-23 is summarized in Table 4 below.

Table 4: Storm Drain Facility Fee

Requirement 3. Beginning and ending balance in the account or fund.

Table 5 summarizes the beginning and ending fund balances for the Storm Drain Facility Fee for FY 22-23.

Requirement 4. Amount of fees collected and the interest earned during the previous year.

Table 5 summarizes the fees collected and the interest earned for the Storm Drain Facility Fee during FY 22-23.

Land Use
Fee as of
July 18, 2021
Fee as of
July 18, 2022
Residential (per gross AC)
Single Family $18,609 $21,263
Multi Family $25,587 $29,237
Non-Residential (per gross AC)
All Non-Residential $25,587 $29,237
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Development Impact Fee Annual Report (FY 22-23) 7

Table 5: Storm Drain Facility Fee Fund Summary

Table 6 summarizes the expenditures this past year on storm drain projects.

Table 6 summarizes the planned future expenditures for the Storm Drain Facility Fee. The City’s CIP budget team is aware of the available funds for Storm Drain projects and are in the process of identifying applicable projects in the next CIP Budget Plan.

Fund No. 350-8030
Storm Drain Facility Fee
Beginning Fund Balance as of July 1, 2022 $8,472,768.66 Revenues
Fees Collected $1,556,717.27
Interest Earned $193,463.25
Fair Market Value Adjustment1
($172,546.86)
Other Revenues $0.00
Total Revenues $1,577,633.66
Expenses
Project Expenses $0.00
Developer Reimbursement $0.00
Indirect Charges2 ($17,953.00)
Total Expenses ($17,953.00)
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2023 $10,032,449.32
2) Indirect Charges include central services expenses related to administering the fee program.
1) Fair Market Value Adjustment may be negative due to GASB Statement 31 for a temporary fair value adjustment.
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Development Impact Fee Annual Report (FY 22-23) 8

Table 6: Storm Drain Facility Fee Project Expenditures

There were no transfers or loans from this fund in FY 22-23.

Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects.

There were no refunds made from this fund in FY 22-23.

Project No. Project Name Project Budget1
E xpenditures
to Date
FY22-23
Actual
E xpenditures Future E xpenditures
% Funded by
Fee
Approx.

Construction
Start Date2
n/a Citywide SD Construction 13,450,000.00$ -$ -$ 13,450,000.00$ 100% FY 27-28 - Indirect Charges 3 - - 17,953.00$ - - n/a
GRAND TOTAL 13,450,000.00$ -$ 17,953.00$ 13,450,000.00$ 1) Budgets identified in the City of Oxnard 2022-2027 Capital Improvement Program and by City Finance and CIP Staff. 2) Construction start date may be revised pending availability of funds. 3) Indirect Charges include central services expenses related to administering the fee program.

Note: Small variances may appear due to rounding.
471
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Development Impact Fee Annual Report (FY 22-23) 9

Fund 350-8040: Traffic Circulation Fee
Requirement 1. Brief description of the type of fee in the account or fund.

The City charges a fee to all new development and redevelopment in the City that generates additional vehicular trips above what can be reasonably associated with the current use of the property. The fee is used to construct improvements to the circulation system. The City’s Traffic Circulation Fee (Formerly Circulation System Improvement Fee ) was established under Ordinance 2258 and Resolutions 10016, 10673, 13328, 13600, and 13890 and was updated and renamed to the Traffic Circulation Fee during the 2020 DIF update via Resolution 15,329.

Requirement 2. Amount of the fee.

The Traffic Circulation Fees for FY 22-23 are summarized in Table 7.

Table 7: Traffic Circulation Fee

Land Use
Fee as of
July 18, 2021
Fee as of
July 18, 2022
Residential (per DU)
Single Family $10,480.53 $10,919.84
Mobile Home $5,550.85 $5,783.52
Low-Rise Multi Family $8,125.66 $8,466.25
Mid-Rise Multi Family $6,040.06 $6,293.24
High-Rise Multi Family $4,940.41 $5,147.49
Senior Housing $4,440.47 $4,626.59
Commercial (per 1,000 SF)
Office $10,813.11 $11,266.36
Medical Office $6,494.95 $6,767.19
General Commercial (C2) $7,037.80 $7,332.80
Light Industrial $5,505.79 $5,736.57
Warehouse $1,931.10 $2,012.05
New Car Sales $6,605.45 $6,882.32
Church $4,417.94 $4,603.12
Restaurant $20,926.73 $21,803.90
Fast Food w/ Drive Thru $109,796.13 $114,398.39
Fueling Station w/ Car Wash
Self Service Car Wash (per Stall) $29,130.70 $30,351.76 Gas Station (per fueling station) $34,443.00 $45,924.00 Hotel/Motel (per Room)
All Hotel/Motel $5,407.09 $5,633.74
Other (per Average Daily Trip)
Other Uses Not Noted $1,110.38 $1,156.93
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Development Impact Fee Annual Report (FY 22-23) 10

Requirement 3. Beginning and ending balance in the account or fund.

Table 8 summarizes the beginning and ending fund balances for the Traffic Circulation Fee for FY 22-23.

Requirement 4. Amount of fees collected and the interest earned during the previous year.

Table 8 summarizes the fees collected and the interest earned for the Traffic Circulation Fee during FY 22-23.

Table 8: Traffic Circulation Fee Fund Summary

Table 9 summarizes the expenditures this past year on Traffic Circulation Fee projects.

Fund No. 350-8040
Traffic Circulation Fee
Beginning Fund Balance as of July 1, 2022 $15,582,997.65 Revenues
Fees Collected $1,311,558.40
Interest Earned $311,673.26
Fair Market Value Adjustment1
($238,759.82)
Other Revenues $0.00
Total Revenues $1,384,471.84
Expenses
Project Expenses ($953,378.64)
Developer Reimbursement $0.00
Indirect Charges2 ($16,199.00)
Total Expenses ($969,577.64)
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2023 $15,997,891.85
2) Indirect Charges include central services expenses related to administering the fee program.
1) Fair Market Value Adjustment may be negative due to GASB Statement 31 for a temporary fair value adjustment.
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Development Impact Fee Annual Report (FY 22-23) 11

Table 9 summarizes the planned future expenditures for the Traffic Circulation Fee projects.

Table 9: Traffic Circulation Fee Project Expenditures

There were no transfers or loans from this fund in FY 22-23.

Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects.

There were no refunds made from this fund in FY 22-23

Project No. Project Name Project Budget1
E xpenditures
to Date
FY22-23
Actual
E xpenditures Future E xpenditures
% Funded
by Fee2
Approx.

Construction
Start Date3
C1301 / 133101 Rice Avenue & Fifth Street Railroad Grade Separation 131,800,000.00$ 772,160.90$ 11,846.79$ 5,647,088.31$ 4.88% In Progress C1703 / 173102 Oxnard Boulevard & Saviers Road Signal Improvements 3,208,956.00$ 37,025.65$ 34,383.03$ 655,157.32$ 22.64% In Progress C1801 / 183101 Oxnard Boulevard Bicycle Facilities Installation 2,747,978.00$ 26,686.72$ 16,971.50$ 665,169.78$ 25.79% In Progress C1808 / 183114 Traffic Signal Modifications 3,869,273.00$ 25,007.64$ 27.00$ 0.36$ 0.65% In Progress C2003 / 203101 Adaptive Traffic Signal 1,852,000.00$ 288,514.23$ 754,255.82$ 809,229.95$ 100% In Progress C2006 / 203106 Traffic Signal Modernization 6,800,000.00$ 267,693.68$ 135,894.50$ 6,396,411.82$ 100% In Progress C2213 / 223110 US 101 Del Norte Interchange Upgrade4 250,000.00$ -$ -$ 250,000.00$ 100% FY 28-29 C2304 / 233101 Five Points Intersection Modernization 250,000.00$ -$ -$ 250,000.00$ 100% FY 24-25 n/a Traffic Circulation Improvements Fee Study 500,000.00$ -$ -$ 500,000.00$ 100% FY 27-28 n/a Traffic Signal Timing 850,000.00$ -$ -$ 850,000.00$ 100% FY 27-28 - Indirect Charges 5 - - 16,199.00$ - - n/a
GRAND TOTAL 152,128,207.00$ 1,417,088.82$ 969,577.64$ 16,023,057.54$ 1) Budgets identified in the City of Oxnard 2022-2027 Capital Improvement Program and by City Finance and CIP Staff. 2) Rounded to the nearest hundredth of the percent.
3) Construction start date may be revised pending availability of funds. 4) Project start date anticipated to begin FY28-29 due to Caltrans right of way oversight and funding delay. 5) Indirect Charges include central services expenses related to administering the fee program.

Note: Small variances may appear due to rounding.
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Development Impact Fee Annual Report (FY 22-23) 12

Funds 350-8050 & 350-8060: Growth Requirement Capital Fee Requirement 1. Brief description of the type of fee in the account or fund.

The City’s Growth Requirement Capital
Fee funds general governmental facilities
such as Fire and Police Stations, City
Hall, Corporation Yards, and Recreation
Facilities. The fee is based on Ordinance
2258 and Resolutions 10275, 10996, and
12975 and was updated as part of the
2020 DIF update via Resolution 15,329.

The fee is collected based on additional
covered space created by any new
development. There are two separate
funds for this fee. Fund 355 is for
residential fees and Fund 356 is for non -
residential fees.

Requirement 2. Amount of the fee.

The Growth Requirement Capital Fee for FY 22-23 is summarized in Table 10.

Table 10: Growth Requirement Capital Fee

Requirement 3. Beginning and ending balance in the account or fund.

Table 11 and Table 12 summarize the beginning and ending fund balances for the Growth Requirement Capital Fee for FY 22-23. Table 11 summarizes the residential fee and Table 12 summarizes the non-residential fee.

Land Use
Fee as of
July 18, 2021
Fee as of
July 18, 2022
Residential (Fund 355)
Single Family (per DU) $5,182 $5,981
Multi Family (per DU) $3,256 $3,955
Non-Residential (Fund 356)
Retail (per 1,000 building SF) $1,664 $2,018
Office (per 1,000 building SF) $1,957 $2,409
Industrial (per 1,000 building SF) $915.13 $953.49
Hotel (per Room) $452 $603
475
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Development Impact Fee Annual Report (FY 22-23) 13

Requirement 4. Amount of fees collected and the interest earned during the previous year.

Table 11 and Table 12 summarize the fees collected and the interest earned for the Growth Requirement Capital Fee during FY 22-23. Table 11 summarizes the residential fee and Table 12 summarizes the non-residential fee.

Table 11: Growth Requirement Capital Fee (Residential) Fund Summary

Fund 350-8050
Growth Requirement Capital Fee (Residential)
Beginning Fund Balance as of July 1, 2022 $1,419,327.56 Revenues
Fees Collected $233,254.45
Interest Earned $29,580.49
Fair Market Value Adjustment1
($8,109.60)
Other Revenues $0.00
Total Revenues $254,725.34
Expenses
Project Expenses $0.00
Developer Reimbursement $0.00
Indirect Charges2 ($12,376.25)
Total Expenses ($12,376.25)
Transfers In $0.00
Transfers Out3 ($434,373.00)
Ending Balance as of June 30, 2023 $1,227,303.65
3) Transfers Out to General Fund for debt service on Civic Center Phase 2 Bonds. 2) Indirect Charges include central services expenses related to administering the fee program.
1) Fair Market Value Adjustment may be negative due to GASB Statement 31 for a temporary fair value adjustment.
476
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Development Impact Fee Annual Report (FY 22-23) 14

Table 12: Growth Requirement Capital Fee (Non-Residential) Fund Summary

Table 13 and Table 14 summarize the expenditures this past year on Growth Requirement Capital Fee projects.

Fund 350-8060
Growth Requirement Capital Fee (Non-Residential)
Beginning Fund Balance as of July 1, 2022 $2,456,669.09 Revenues
Fees Collected $20,194.38
Interest Earned $47,869.07
Fair Market Value Adjustment1 ($27,093.05)
Other Revenues $0.00
Total Revenues $40,970.40
Expenses
Project Expenses $0.00
Developer Reimbursement $0.00
Indirect Charges2
($631.00)
Total Expenses ($631.00)
Transfers In $0.00
Transfers Out3
($137,401.00)
Ending Balance as of June 30, 2023 $2,359,607.49
3) Transfers Out to General Fund for debt service on Civic Center Phase 2 Bonds. 2) Indirect Charges include central services expenses related to administering the fee program.
1) Fair Market Value Adjustment may be negative due to GASB Statement 31 for a temporary fair value adjustment.
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Development Impact Fee Annual Report (FY 22-23) 15

Table 13 and Table 14 summarize the planned future expenditures for the Growth Requirement Capital Fee projects.

Table 13: Growth Requirement Capital Fee (Residential) Project Expenditures

Table 14: Growth Requirement Capital Fee (Non-Residential) Project Expenditures

Project No. Project Name Project Budget1
E xpenditures
to Date
FY22-23
Actual
E xpenditures
Future
E xpenditures
% Funded
by Fee2
Approx.

Construction
Start Date3
C1702 / 172201 Fire Station 4 Rebuild 5,800,000.00$ -$ -$ 2,900,000.00$ 50.00% FY 25-26 C2255 / 22AR54 Oxnard Fire Stations No. 2, 3, 5 3,550,000.00$ -$ -$ 1,775,000.00$ 50.00% FY 25-26 - Professional Services/Contract 4 - - 10,611.25$ -$ - n/a - Indirect Charges 5 - - 1,765.00$ -$ - n/a TOTAL PROJE CT E XPE NSE S 9,350,000.00$ -$ 12,376.25$ 4,675,000.00$ - Bond Payments - Civic Center Phase 26 n/a n/a 434,373.00$ 3,330,679.00$ 25.50% n/a GRAND TOTAL 9,350,000.00$ -$ 446,749.25$ 8,005,679.00$ 2) Rounded to the nearest hundredth of the percent.
3) Construction start date may be revised pending availability of funds. 4) Charges related to consulting services for development impact fee reporting requirements. 5) Indirect Charges include central services expenses related to administering the fee program. 6) Debt service summary provided by City. Fees fund 34% of the non-general fund portion of the debt split between Fund 350-8050 at 75% and Fund 350-8060 at 25%.

Note: Small variances may appear due to rounding.
1) Budgets identified in the City of Oxnard 2022-2027 Capital Improvement Program and by City Finance and CIP Staff.

Project No. Project Name Project Budget1
E xpenditures
to Date
FY22-23
Actual
E xpenditures
Future
E xpenditures
% Funded by
Fee2
Approx.

Construction
Start Date3
C1702 / 172201 Fire Station 4 Rebuild Design 3,250,000.00$ -$ -$ 1,625,000.00$ 50.00% FY 25-26 C2255 / 22AR54 Fire Station 2,3,5 Architecture/Design 3,550,000.00$ -$ -$ 1,775,000.00$ 50.00% FY 25-26 - Indirect Charges 4 - - 631.00$ - - n/a
TOTAL PROJE CT E XPE NSE S 6,800,000.00$ -$ 631.00$ 3,400,000.00$ - Bond Payments - Civic Center Phase 25 n/a n/a 137,401.00$ 1,110,226.00$ 8.50% n/a GRAND TOTAL 6,800,000.00$ -$ 138,032.00$ 4,510,226.00$ 2) Rounded to the nearest hundredth of the percent.
3) Construction start date may be revised pending availability of funds. 4) Indirect Charges include central services expenses related to administering the fee program. 5) Debt service summary provided by City. Fees fund 34% of the non-general fund portion of the debt split between Fund 350-8050 at 75% and Fund 350-8060 at 25%.

Note: Small variances may appear due to rounding.
1) Budgets identified in the City of Oxnard 2022-2027 Capital Improvement Program and by City Finance and CIP Staff. 478
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Development Impact Fee Annual Report (FY 22-23) 16

Fund 350-8050 had a transfer of $434,373.00 for the debt service payment on the Variable Rate Demand Lease Revenue Refunding Bonds related to the Downtown Civic Center.

Fund 350-8060 had a transfer of $137,401.00 for debt service payment on the same bonds.

The Variable Rate Demand Lease Revenue Refunding Bonds (Civic Center Phase 2 Project), Series 2006 were issued on December 1, 2006 for $24,205,000 to finance the acquisition, construction, and improvement of certain public facilities constituting the Civic Center Phase 2 Project. This debt was refunded on April 30, 2018 as part of the Lease Revenue Refunding Bonds Series 2018. The outstanding balance as of June 30, 2023 is $20,855,000. The impact fee funds 21.29% (or 34% of 62.63% portion of the bond repayment), which means there is an outstanding balance of $4,440,905 allocated to impact fee funds. The impact fee debt service payment is split 75% from Fund 350-8050 and 25% from Fund 350-8060. This means there is an outstanding obligation of $3,330,679 for Fund 350-8050 and $1,110,226 for Fund 350-8060. The payments on these bonds constitute the City’s obligations that exist through the maturity date of the bonds on June 1, 2036.

Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects.

There were no refunds made from this fund in FY 22-23.

479
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Development Impact Fee Annual Report (FY 22-23) 17

Fund 350-8055: Mobility Fee
Requirement 1. Brief description of the type of fee in the account or fund.

The Mobility Fee covers the cost to
mitigate the effects of new development on
the City’s mobility facilities including
sidewalks, bike lanes, pedestrian bridges,
and other similar facilities that are
necessary to improve connectivity within
the City, impr ove bicycle and pedestrian
safety, improve bicycle and pedestrian
access to public transportation stops and
stations, and increase bicycle mode
sharing. This fee was created in the 2020
update by Resolution 15,329.

Requirement 2. Amount of the fee.

The Mobility Fee for FY 22-23 is summarized in Table 15.

Table 15: Mobility Fee

Requirement 3. Beginning and ending balance in the account or fund.

Table 16 summarizes the beginning and ending fund balances for the Mobility Fee for FY 22-23.

Requirement 4. Amount of fees collected and the interest earned during the previous year.

Table 16 summarizes the fees collected and the interest earned for the Mobility Fee for FY 22-23.

Land Use
Fee as of
July 18, 2021
Fee as of
July 18, 2022
Residential (per DU)
Single Family $2,547 $3,396
Multi Family $1,684 $2,245
Non-Residential (per 1,000 SF)
Retail $860 $1,146
Office $1,025 $1,367
Industrial $364 $485
Hotel (per Room) $257 $342
480
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Development Impact Fee Annual Report (FY 22-23) 18

Table 16: Mobility Fee Fund Summary

Table 17 summarizes the expenditures this past year on Mobility Fee projects.

Table 17 summarizes the planned future expenditures for the Mobility Fee projects.

Fund 350-8055
Mobility Fee
Beginning Fund Balance as of July 1, 2022 $722,541.88
Revenues
Fees Collected $79,754.51
Interest Earned $14,828.27
Fair Market Value Adjustment1 ($11,840.22)
Other Revenues $0.00
Total Revenues $82,742.56
Expenses
Project Expenses $0.00
Developer Reimbursement $0.00
Indirect Charges $0.00
Total Expenses $0.00
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2023 $805,284.44
1) Fair Market Value Adjustment may be negative due to GASB Statement 31 for a temporary fair value adjustment.
481
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Development Impact Fee Annual Report (FY 22-23) 19

Table 17: Mobility Fee Project Expenditures

There were no transfers or loans from this fund in FY 22-23.

Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects.

There were no refunds made from this fund in FY 22-23.

Project No. Project Name Project Budget1
E xpenditures
to Date
FY22-23
Actual
E xpenditures Future E xpenditures
% Funded
by Fee
Approx.

Construction
Start Date2
n/a Wooley Road Pedestrian
Improvements3
2,400,000.00$ -$ -$ 2,400,000.00$ 100% FY 27-28 n/a Pedestrian Bridge Improvements at
Channel Islands Bridge 3,4
18,000,000.00$ -$ -$ 250,000.00$ 1.39% FY 28-29 GRAND TOTAL 20,400,000.00$ -$ -$ 2,650,000.00$ 1) Budgets identified in the City of Oxnard 2022-2027 Capital Improvement Program and by City Finance and CIP Staff. 2) Construction start date may be revised pending availability of funds. 3) Project is identified in the City of Oxnard 2022-2027 Capital Improvement Program as unfunded but qualifies for funding from the Mobility Fee Fund. 4) Approximate Construction Start Date is FY28-29 due to NEPA and right-of-way requirements for grant funding. 482
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Development Impact Fee Annual Report (FY 22-23) 20

Fund 350-8080: Public Art Program Fee
Requirement 1. Brief description of the type of fee in the account or fund.

Requirement 2. Amount of the fee.

The Public Art Program Fee for FY 22-23 is summarized in Table 18.

Table 18: Public Art Program Fee

Requirement 3. Beginning and ending balance in the account or fund.

Table 19 summarizes the beginning and ending fund balances for the Public Art Program Fee for FY 22-23.

Requirement 4. Amount of fees collected and the interest earned during the previous year.

Table 19 summarizes the fees collected and the interest earned for the Public Art Program Fee during FY 22-23.

Land Use
Fee as of
July 18, 2021
Fee as of
July 18, 2022
All New Development (per building SF) $0.30 $0.33
The Public Art Program Fee is based on
Resolutions No. 9813, 12290, 13013,
13736, and 14124 and was updated as part
of 2020 DIF update via Resolution 15,329.

The purpose of the program is to install
works of art in conjunction with new
development in loca tions accessible to the
public. This fee is designed to enhance the
City’s appearance and mitigate certain
effects of development projects. All new
development projects pay this fee.

483
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Development Impact Fee Annual Report (FY 22-23) 21

Table 19: Public Art Program Fee Fund Summary

Table 20 summarizes the expenditures this past year on Public Art Program Fee projects.

Fund 350-8080
Public Art Program Fee
Beginning Fund Balance as of July 1, 2022 $1,157,982.27 Revenues
Fees Collected $53,521.54
Interest Earned $0.00
Fair Market Value Adjustment1 $0.00
Other Revenues $0.00
Total Revenues $53,521.54
Expenses
Project Expenses $0.00
Developer Reimbursement $0.00
Indirect Charges2 ($1,054.00)
Total Expenses ($1,054.00)
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2023 $1,210,449.81
2) Indirect Charges include central services expenses related to administering the fee program. 1) Fair Market Value Adjustment may be negative due to GASB Statement 31 for a temporary fair value adjustment.
484
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Development Impact Fee Annual Report (FY 22-23) 22

Table 20 summarizes planned future expenditures for Public Art Program Fee projects. The City’s CIP budget team is aware of the additional funds available for Public Art projects and are in the process of identifying further applicable projects. Public Art projects require advanced planning time as it involves multiple stakeholders and evolving design processes.

Table 20: Public Art Program Fee Project Expenditures

There were no transfers or loans from this fund in FY 22-23.

Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects.

There were no refunds made from this fund in FY 22-23.

Project No. Project Name Project Budget1
E xpenditures
to Date
FY22-23
Actual
E xpenditures
Future
E xpenditures
% Funded
by Fee
Approx.

Construction
Start Date1
n/a Downtown Mural Program 250,000.00$ -$ -$ 250,000.00$ 100% In Progress n/a Oxnard Sculptures Program 250,000.00$ -$ -$ 250,000.00$ 100% In Progress n/a Citywide Mural Program 200,000.00$ -$ -$ 200,000.00$ 100% In Progress - Indirect Charges 2 - - 1,054.00$ - - n/a
GRAND TOTAL 700,000.00$ -$ 1,054.00$ 700,000.00$ 1) Budgets identified in the City of Oxnard 2022-2027 Capital Improvement Program and by City Finance and CIP Staff. 2) Construction start date may be revised pending availability of funds. 3) Indirect Charges include central services expenses related to administering the fee program. 485
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Development Impact Fee Annual Report (FY 22-23) 23

Funds 603 & 605: Water Resource Development Fee & Capital Facility Charge Requirement 1. Brief description of the type of fee in the account or fund.

The City collects a Water Resource
Development Fee and Capital
Facility Charge for new, expanded,
or additional service connections
based on the diameter of the meter
installation directly related to the
volume of water required for the
new, expanded, or additional service
connection.

The Water Resource Development Fee pays for the development of new water resources, such as recycled water, to offset demand by new customers, and water conservation projects, reducing water demand. The Water Resource Development Fee was adopted by Ordinance 2624 consistent with the requirement of Government Code Sections 54999 through 54999.6.

The Water Capital Facility Charge pays for master -planned capacity improvements to the City’s water system, such as the addition of new production, treatment, storage, transmission, and distribution facilities. The Water Capital Facility Charge was adopted by Resolution 9717.

Requirement 2. Amount of the fee.

The Water Resource Development Fee and Capital Facility Charge for FY 22 -23 are summarized in Table 21.

Table 21: Water Resource Development Fee and Capital Facility Charge

3/4" $2,792 $341 $3,133
1" $5,583 $682 $6,265
1 1/2 " $8,375 $1,023 $9,398
2" $13,958 $1,706 $15,664
3" $30,708 $3,752 $34,460
4" $47,458 $5,799 $53,257
6" $92,125 $11,257 $103,382
8" $147,958 $18,080 $166,038
10" $315,457 $38,548 $354,005
12" $502,498 $61,404 $563,902
Water Resource
Development Fee
Capital Facility
Charge Total FeesWater Meter Size
486
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Development Impact Fee Annual Report (FY 22-23) 24

Requirement 3. Beginning and ending balance in the account or fund.

Table 22 and Table 23 summarize the beginning and ending fund balances for the Water Resource Development Fee and Capital Facility Charge for FY 22-23.

Requirement 4. Amount of fees collected and the interest earned during the previous year.

Table 22 and Table 23 summarize the fees collected and the interest earned for the Water Resource Development Fee and Capital Facility Charge during FY 22-23.

Table 22: Water Resource Development Fee Fund Summary

Fund 603
Water Resource Development Fee
Beginning Fund Balance as of July 1, 2022 $17,681,128.07 Revenues
Fees Collected $664,435.00
Interest Earned $354,830.50
Fair Market Value Adjustment1 ($227,577.80)
Other Revenues $8,956.05
Total Revenues $800,643.75
Expenses
Project Expenses ($26,530.43)
Developer Reimbursement $0.00
Indirect Charges2 ($20,094.00)
Total Expenses ($46,624.43)
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2023 $18,435,147.39
2) Indirect Charges include central services expenses related to administering the fee program.
1) Fair Market Value Adjustment may be negative due to GASB Statement 31 for a temporary fair value adjustment.
487
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Development Impact Fee Annual Report (FY 22-23) 25

Table 23: Water Capital Facility Charge Fund Summary

Requirement 5. Identification of each public improvement for which fees were expended and the amount of expenditures, including the total percentage of the cost of the public improvement that was funded with fees. Table 24 and Table 25 summarize the expenditure for this past year for the Water Resource Development Fee and Capital Facility Charge.

Requirement 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement and the public improvement remains incomplete. Table 24 and Table 25 summarize the planned future expenditures for the Water Resource Development Fee and Capital Facility Charge.

Fund 605
Water Capital Facility Charge
Beginning Fund Balance as of July 1, 2022 $1,507,464.57 Revenues
Fees Collected $80,492.00
Interest Earned $30,566.12
Fair Market Value Adjustment1 ($16,535.61)
Other Revenues $0.00
Total Revenues $94,522.51
Expenses
Project Expenses $0.00
Developer Reimbursement $0.00
Indirect Charges2 ($4,177.00)
Total Expenses ($4,177.00)
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2023 $1,597,810.08
2) Indirect Charges include central services expenses related to administering the fee program.
1) Fair Market Value Adjustment may be negative due to GASB Statement 31 for a temporary fair value adjustment.
488
____________________________________________________________________________________

Development Impact Fee Annual Report (FY 22-23) 26

Table 24: Water Resource Development Fee Project Expenditures

Table 25: Water Capital Facility Charge Project Expenditures

There were no transfers or loans from these funds in FY 22-23.

Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects.

There were no refunds made from this fund in FY 22-23.

Project No. Project Name Project Budget1
E xpenditures
to Date
FY22-23
Actual
E xpenditures
Future
E xpenditures
% Funded
by Fee2
Approx.

Construction
Start Date3
C1001 / 106002 Water Distribution: Hueneme Road
Recycled Water Pipeline - Phase II
30,376,345.00$ 2,063,726.28$ 9,163.45$ -$ 39.10% Completed C1101 / 116505 Great ASR Wells 2,574,419.00$ 693,919.98$ 17,366.98$ 30,103.00$ 28.80% In Progress C2021 Recycled Water: Aquifer Storage and
Recovery (ASR) Completion
8,574,419.00$ -$ -$ 643,271.00$ 7.50% FY 27-28 n/a Recycled Water: AWPF
Improvements Phase I
1,000,000.00$ -$ -$ 250,000.00$ 25.00% FY 24-25 n/a Recycled Water: AWPF
Improvements Phase II
56,666,668.00$ -$ -$ 28,333,334.00$ 50% FY 26-27 - Indirect Charges 4 - - 20,094.00$ - - n/a
GRAND TOTAL 99,191,851.00$ 2,757,646.26$ 46,624.43$ 29,256,708.00$ 1) Budgets identified in the City of Oxnard 2022-2027 Capital Improvement Program and by City Finance and CIP Staff. 2) Rounded to the nearest hundredth of the percent.
3) Construction start date may be revised pending availability of funds. 4) Indirect Charges include central services expenses related to administering the fee program.

Note: Small variances may appear due to rounding.

Project No. Project Name Project Budget1
E xpenditures
to Date
FY22-23
Actual
E xpenditures
Future
E xpenditures
% Funded
by Fee2
Approx.

Construction
Start Date3
n/a Recycled Water: AWPF Storage Construction 6,000,000.00$ -$ -$ 3,000,000.00$ 50% FY 27-28 n/a Aquifer Storage and Recovery (ASR) Wells
Construction
31,350,000.00$ -$ -$ 15,675,000.00$ 50% FY 27-28 - Indirect Charges 4 -$ -$ 4,177.00$ - - n/a GRAND TOTAL 37,350,000.00$ -$ 4,177.00$ 18,675,000.00$ 1) Budgets identified in the City of Oxnard 2022-2027 Capital Improvement Program and by City Finance and CIP Staff. 2) Rounded to the nearest hundredth of the percent.
3) Construction start date may be revised pending availability of funds. 4) Indirect Charges include central services expenses related to administering the fee program.

Note: Small variances may appear due to rounding.
489
____________________________________________________________________________________

Development Impact Fee Annual Report (FY 22-23) 27

Fund 613: Wastewater Collection Connection & Treatment Fee Requirement 1. Brief description of the type of fee in the account or fund.

The City collects a Wastewater Collection Connection & Treatment Fee for new, expanded, or additional service connections. The City imposes fees based on new development’s prorated share of the cost of constructing the improvements identified in the City’s Master Plans for Wastewater Treatment and Conveyance. The current wastewater fees were adopted by Ordinance 2709. The City previously collected two separate fees, the Wastewater Collection Connection Fee and Wastewater Treatment Connection Fee, in Fund 613 and Fund 623 respectively. As of FY 22-23, these two funds have been combined into one fund for both fees.

Requirement 2. Amount of the fee.

The Wastewater Collection Connection & Treatment Fee for FY 22-23 are summarized in Table 26.

Table 26: Wastewater Collection Connection & Treatment Fee

Requirement 3. Beginning and ending balance in the account or fund.

Table 27 summarizes the beginning and ending fund balances for the Wastewater Collection Connection & Treatment Fee for FY 22-23.

Requirement 4. Amount of fees collected and the interest earned during the previous year.

Table 27 summarizes the fees collected and the interest earned for the Wastewater Collection Connection & Treatment Fee FY 22-23.

Land Use
Wastewater
Collection
Connection Fee
Wastewater
Treatment
Connection Fee Total Fee
Residential
Single Family $1,458.00 $3,798.00 $5,256.00
Apartment1
$1,060.36 $2,762.18 $3,822.54
Mobile Home1
$839.45 $2,186.73 $3,026.18
Non-Residential
Non-Formula Commercial/Industrial $1,458.00 $4,078.80 $5,536.80 Commercial Laundry $1,458.00 $4,539.00 $5,997.00
Restaurants/Food Preparation $1,458.00 $7,092.20 $8,550.20 Formula Industrial User $1,458.00 $7,279.40 $8,737.40
1) Special formulas are used for mobile homes and apartment developments that can be served by a single meter. These formulas can be found in the City's most recently published Fee Schedule.
490
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Development Impact Fee Annual Report (FY 22-23) 28

Table 27: Wastewater Collection Connection & Treatment Fee Fund Summary

Table 28 summarizes the expenditures for this past year for the Wastewater Collection Connection & Treatment Fee.

Table 28 summarizes the planned future expenditures for the Wastewater Collection Connection & Treatment Fee.

Fund 613
Wastewater Collection Connection & Treatment Fee
Beginning Fund Balance as of July 1, 2022 $12,503,284.72 Revenues
Fees Collected $1,152,549.22
Interest Earned $243,581.13
Fair Market Value Adjustment1 ($205,836.79)
Other Revenues $0.00
Total Revenues $1,190,293.56
Expenses
Project Expenses $0.00
Developer Reimbursement $0.00
Indirect Charges2 ($18,896.00)
Total Expenses ($18,896.00)
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2023 $13,674,682.28
2) Indirect Charges include central services expenses related to administering the fee program.
1) Fair Market Value Adjustment may be negative due to GASB Statement 31 for a temporary fair value adjustment.
491
____________________________________________________________________________________

Development Impact Fee Annual Report (FY 22-23) 29

Table 28: Wastewater Collection Connection & Treatment Fee Project Expenditures

There were no transfers or loans from this fund in FY 22-23.

Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects.

There were no refunds made from this fund in FY 22-23.

Project No. Project Name Project Budget1
E xpenditures
to Date
FY22-23
Actual
E xpenditures
Future
E xpenditures
% Funded
by Fee2
Approx.

Construction
Start Date3
C2236/226605 Wastewater Maintenance Building Expansion 10,000,000.00$ -$ -$ 5,000,000.00$ 50% FY 25-26 n/a Eastern Trunk MH Rehabilitation 3,000,000.00$ -$ -$ 2,000,000.00$ 67% FY 24-25 C2232/226601 Wastewater Collection: Lift Station Improvements 3,000,000.00$ -$ -$ 3,000,000.00$ 100% FY 23-24 C2029/206602 Wastewater Collection: UPRR Central Trunk Sewer Pipe Replacement
6,000,000.00$ -$ -$ 4,000,000.00$ 67% FY 24-25 - Indirect Charges 4 - - 18,896.00$ - - n/a
GRAND TOTAL 22,000,000.00$ -$ 18,896.00$ 14,000,000.00$ 1) Budgets identified by City CIP Staff and are anticipated project budgets that will be reflected in the next CIP update. 2) Subject to change pending CIP Budget plans and available funding. Rounded to the nearest hundredth of the percent. 3) Construction start date may be revised pending availability of funds. 4) Indirect Charges include central services expenses related to administering the fee program.

Note: Small variances may appear due to rounding.
492
____________________________________________________________________________________

Development Impact Fee Annual Report (FY 22-23) 30

Fund 360-7050: Affordable Housing In-Lieu Fee
Requirement 1. Brief description of the type of fee in the account or fund.

The City offers an Affordable Housing In-
Lieu fee to provide additional flexibility to
the City and development community to
meet the affordable housing needs
generated by the construction of new
market-rate units . The City’s Affordable
Housing In -Lieu Fees were first
established by Ordinance 2721 adopted
July 18, 2006. The Fees were revised with
Resolution No. 15,330 which adopted the
Affordable Housing In -Lieu Fee Nexus
Study dated April 8, 2020.

Requirement 2. Amount of the fee.

The Affordable Housing In-Lieu Fee for FY 22-23 is summarized in Table 29 below.

Table 29: Affordable Housing In-Lieu Fee

Requirement 3. Beginning and ending balance in the account or fund.

Table 30 summarizes the beginning and ending fund balances for the Affordable Housing In-Lieu Fee for FY 22-23.

Requirement 4. Amount of fees collected and the interest earned during the previous year.

Table 30 summarizes the fees collected and the interest earned for the Affordable Housing In-Lieu Fee during FY 22-23.

Land Use
Fee as of
July 18, 2021
Fee as of
July 18, 2022
Residential
Single Family (per DU) $28,750 $36,000
Multi Family for Sale $27,625 $35,000
Multi Family for Rent $22,934 $28,000
493
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Development Impact Fee Annual Report (FY 22-23) 31

Table 30: Affordable Housing In-Lieu Fee Fund Summary

Table 31 summarizes the expenditures this past year on affordable housing projects.

Fund 360-7050
Affordable Housing In-Lieu Fee
Beginning Fund Balance as of July 1, 2022 $3,509,433.70 Revenues
Fees Collected $0.00
Interest Earned $120,978.66
Fair Market Value Adjustment1 ($183,051.31)
Other Revenues $0.00
Total Revenues ($62,072.65)
Expenses
Project Expenses ($367,167.04)
Developer Reimbursement $0.00
Indirect Charges2 ($113,808.89)
Total Expenses ($480,975.93)
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2023 $2,966,385.12
1) Fair Market Value Adjustment may be negative due to GASB Statement 31 for a temporary fair value adjustment.
2) Indirect Charges include personnel and resource expenses related to administering the fee program.
494
____________________________________________________________________________________

Development Impact Fee Annual Report (FY 22-23) 32

Table 31 summarizes the planned future expenditures for the Affordable Housing In-Lieu Fee. The City’s CIP budget team and Housing Department are aware of the additional funds available for Affordable Housing project s. Affordable Housing projects often require advanced planning time or are a result of opportune circumstances as they involve multiple stakeholders, specific conditions, and sufficient funding to complete projects.

Table 31: Affordable Housing Project Expenditures

There were no transfers or loans from this fund in FY 22-23.

Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects.

There were no refunds made from this fund in FY 22-23.

Project No. Project Name Project Budget1
E xpenditures
to Date
FY22-23
Actual
E xpenditures
Future
E xpenditures
% Funded
by Fee
Approx.

Construction
Start Date2
M2103 / 215103 Central Terrace Development Loan 1,366,000.00$ -$ 38,147.36$ 1,327,852.64$ 100% In Progress M2305 OHA Loan Agreement Successor Parcel 212,740.00$ -$ 212,740.00$ -$ 100% Completed n/a 7th and Meta Site Acquisition 120,000.00$ -$ -$ 120,000.00$ 100% FY 23-24 n/a 2051 Mariposa Street and 1250 Azalea Street
Property Acquisition 3
116,280.00$ -$ 116,279.68$ -$ 100% Completed n/a Indirect Charges 4 - - 113,808.89$ - - -
GRAND TOTAL 1,815,020.00$ -$ 480,975.93$ 1,447,852.64$ 1) Budgets identified in the City of Oxnard 2022-2027 Capital Improvement Program and by City Finance and CIP Staff. 2) Construction start date may be revised pending availability of funds. 3) Contribution to the Housing Authority of the City of Oxnard for the rehabilitation and improvements of the sites. 4) Indirect Charges include personnel and resource expenses related to administering the fee program.

Note: Small variances may appear due to rounding.
495
____________________________________________________________________________________

Development Impact Fee Annual Report (FY 22-23) 33

Fund 350-8070: Utility Undergrounding In-Lieu Fee
Requirement 1. Brief description of the type of fee in the account or fund.

The City imposes a fee on new development that is located in any part of the City with overhead utility service based upon their prorated share of the cost of undergrounding all overhead utilities in the City. The City’s Utility Undergrounding In-Lieu Fees were based on Ordinance 2207 and were updated as part of the 2020 DIF update via Resolution 15,329.

Requirement 2. Amount of the fee.

The Utility Undergrounding In-Lieu Fee for FY 22-23 is summarized in Table 32 below.

Table 32: Utility Undergrounding In-Lieu Fee

Requirement 3. Beginning and ending balance in the account or fund.

Table 33 summarizes the beginning and ending fund balances for the Utility Undergrounding In-Lieu Fee for FY 22-23.

Requirement 4. Amount of fees collected and the interest earned during the previous year.

Table 33 summarizes the fees collected and the interest earned for the Utility Undergrounding In-Lieu Fee during FY 22-23.

Land Use
Fee as of
July 18, 2021
Fee as of
July 18, 2022
All New Development (per building SF) $0.45 $0.54
496
____________________________________________________________________________________

Development Impact Fee Annual Report (FY 22-23) 34

Table 33: Utility Undergrounding In-Lieu Fee Fund Summary

There were no expenditures this past year on utility undergrounding projects.

Table 34 summarizes the planned future expenditures for the Utility Undergrounding In- Lieu Fee. The City’s CIP budget team is aware of the available funds for Utility Undergrounding projects and are in the process of identifying applicable projects in the next CIP Budget Plan.

Fund 350-8070
Utility Undergrounding In-Lieu Fee
Beginning Fund Balance as of July 1, 2022 $1,635,600.61 Revenues
Fees Collected $32,603.76
Interest Earned $32,492.49
Fair Market Value Adjustment1 ($20,358.93)
Other Revenues $0.00
Total Revenues $44,737.32
Expenses
Project Expenses $0.00
Developer Reimbursement $0.00
Indirect Charges $0.00
Total Expenses $0.00
Transfers In $0.00
Transfers Out $0.00
Ending Balance as of June 30, 2023 $1,680,337.93
1) Fair Market Value Adjustment may be negative due to GASB Statement 31 for a temporary fair value adjustment.
497
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Development Impact Fee Annual Report (FY 22-23) 35

Table 34: Utility Undergrounding Project Expenditures

There were no transfers or loans from this fund in FY 22-23.

Requirement 8. Identification of any refunds made once determined that sufficient monies have been collected to fund fee-related projects.

There were no refunds made from this fund in FY 22-23.

Project No. Project Name Project Budget1
E xpenditures
to Date
FY22-23
Actual
E xpenditures
Future
E xpenditures
% Funded
by Fee
Approx.

Construction
Start Date
- Undergrounding of Overhead Utilities - Citywide 2,000,000.00$ -$ -$ 2,000,000.00$ 100% FY 27-28 GRAND TOTAL 2,000,000.00$ -$ -$ 2,000,000.00$ 1) Budget identified by City Staff in preparation for updated CIP project list. 498
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Development Impact Fee Annual Report (FY 22-23) 36

Section 3 – Fund Summary
Table 35 provides an accounting of each impact fee fund and a total impact fee account balance .

The table summarizes the starting fund balance, the amount of fees collected, the interest earned, the total expenditures, and the fiscal year ending fund balances.

499

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Development Impact Fee Annual Report (FY 22-23) 37

Table 35: Development Impact Fee Fund Summary
Description
Park Acquisition
& Development
Storm Drain
Facility Fee
Traffic Circulation
Fee
Capital Growth
Fee (Residential)
Capital Growth
Fee (Non-
Residential) Mobility Fee
Public Art
Program Fee
Water Resource
Development Fee
Water Capital
Facility Charge
Wastewater
Collection
Connection &
Treatment Fee
Affordable
Housing
In-Lieu Fee
Utility
Undergrouding
In-Lieu Fee
Fund No. 350-8020 350-8030 350-8040 350-8050 350-8060 350-8055 350-8080 603 605 613 360-7050 350-8070 Starting Balance
As of July 1, 2022 $691,918.66 $8,472,768.66 $15,582,997.65 $1,419,327.56 $2,456,669.09 $722,541.88 $1,157,982.27 $17,681,128.07 $1,507,464.57 $12,503,284.72 $3,509,433.70 $1,635,600.61

RE VE NUE S
Fees Collected $142,884.93 $1,556,717.27 $1,311,558.40 $233,254.45 $20,194.38 $79,754.51 $53,521.54 $664,435.00 $80,492.00 $1,152,549.22 $0.00 $32,603.76 Interest Earned $15,208.54 $193,463.25 $311,673.26 $29,580.49 $47,869.07 $14,828.27 $0.00 $354,830.50 $30,566.12 $243,581.13 $120,978.66 $32,492.49 Fair Market Value Adjustment1 ($13,518.21) ($172,546.86) ($238,759.82) ($8,109.60) ($27,093.05) ($11,840.22) $0.00 ($227,577.80) ($16,535.61) ($205,836.79) ($183,051.31) ($20,358.93) Other Revenues $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $8,956.05 $0.00 $0.00 $0.00 $0.00 Total Revenues $144,575.26 $1,577,633.66 $1,384,471.84 $254,725.34 $40,970.40 $82,742.56 $53,521.54 $800,643.75 $94,522.51 $1,190,293.56 ($62,072.65) $44,737.32

E XPE NSE S
Project Expenditures $0.00 $0.00 ($953,378.64) $0.00 $0.00 $0.00 $0.00 ($26,530.43) $0.00 $0.00 ($367,167.04) $0.00 Developer Reimbursement $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Indirect Charges 2 ($736.00) ($17,953.00) ($16,199.00) ($12,376.25) ($631.00) $0.00 ($1,054.00) ($20,094.00) ($4,177.00) ($18,896.00) ($113,808.89) $0.00 Total E xpenditures ($736.00) ($17,953.00) ($969,577.64) ($12,376.25) ($631.00) $0.00 ($1,054.00) ($46,624.43) ($4,177.00) ($18,896.00) ($480,975.93) $0.00 Transfers in $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Transfers Out $0.00 $0.00 $0.00 ($434,373.00) ($137,401.00) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Net Transfers $0.00 $0.00 $0.00 ($434,373.00) ($137,401.00) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 E nding Balance
As of June 30, 2023 $835,757.92 $10,032,449.32 $15,997,891.85 $1,227,303.65 $2,359,607.49 $805,284.44 $1,210,449.81 $18,435,147.39 $1,597,810.08 $13,674,682.28 $2,966,385.12 $1,680,337.93 1) Fair Market Value Adjustment may be negative due to GASB Statement 31 for a temporary fair value adjustment.

Note: Small variances may appear due to rounding.
2) Indirect Charges include expenses for central services, personnel and resource expenses related to administering the fee program. 500

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Development Impact Fee Annual Report (FY 22-23) 38

Section 4 – Fiscal Years 2018-2019 through 2022-2023 Five-Year Report In accordance with Government Code Section 66001, this section addresses the five -year requirements with respect to any remaining funds in the DIF accounts, regardless of whether those funds are committed or uncommitted for FY 18-19 through FY 22-23. The City last completed the Five-Year Report in FY 19-20. The following section provides information necessary to meet the legal requirement for the Five-Year report for the DIF funds.

Requirement 1. Identification of the purpose to which the fees are to be put.

The purpose of the DIFs imposed and collected on new development within the City during FY 18-19 through FY 22-23 was to fund public facilities that are needed to serve the new development within the City as identified in the City’s adopted Development Impact Fee Nexus Studies. The purpose of each fee is identified within Section 2 of the Annual AB1600 Report. Future Projects are identified in each of the individual Fund subsections.

Requirement 2. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged.

There is a proportional relationship between the impact fees charged on new development based upon the need for additional public facilities to serve the additional residents and employees that will be generated by the new development. The City does not have the capacity in its existing public facilities to accommodate these new residents and employees.

By charging the fee based on the additional demand created by each land use, the fees directly correlate to the demand created by each new development. The fees for Parks and Recreation, Storm Drainage, Circulation System Improvements, Capital Growth (Residential and Non-Residential), Mobility, Public Art, Underground Utility In-Lieu, and Affordable Housing In-Lieu were updated in May 2020 by Resolution 15,329 adopting the City of Oxnard Development Impact Fee Nexus Study (April 2020) and Resolution 15,330 adopting the Affordable Housing In Lieu Fee Nexus Study (April 2020). Fees for Water Resource Development, Water Capital Facility Charge, and Wastewater Tre atment & Collection were not changed during the 2020 update. Each fee had to undergo rigorous nexus requirements that: identify the purpose of the fee; identify the use to which the fee is to be put; determine how there is a reasonable relationship between the fees use and the type of development project on which the fee is imposed; determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed; and determine how ther e is a reasonable relationship between the amount of the fee and the cost of the public facility attributable to the development on which the fee is imposed.
501

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Development Impact Fee Annual Report (FY 22-23) 39

Requirement 3. Identification of all sources and amounts of funding anticipated to complete financing in incomplete improvements identified as part of the City’s annual report.

Table 36 summarizes the fund balance for each fund as of June 30, 2023, the balances that have been held for longer than five years, as well as the costs of the pending facility projects currently identified in the City’s Capital Improvement Plans. Table 37 lists the future improvements, anticipated construction date and other financing sources that will contribute to the project costs if applicable. Since improvements are triggered based on the timing and location of development, improvements will be programmed as deemed necessary by the City and their CIP prioritization process. All fee programs satisfy the five- year test and have sufficient planned future improvement projects with costs that exceed funds held for more than five years.

Table 36: DIF Funding Balances and Future Project Costs

Requirement 4. Identification of the approximate dates on which the funding referred to in Requirement 3 is expected to be deposited into the appropriate account or fund.

The project tables for each Fund within this report (and summarized in Table 37) list the public improvement projects that are anticipated to be constructed using DIF funds.

Anticipated construction start date s are listed based upon when the City anticipates complete funding and staff capacity for the project will be available . Due to CIP priority shifts and the uncertainty of the timing and location of new development , a nticipated construction times may vary until sufficient funds have been collected and priorities identified.

Fund No. Fund Name
Fund Balance
(as of 6/30/23)
Five Year Holdings
Balance
Future Improvement
Project Costs
350-8020 Park Acquisition & Development $835,758 $504,037 $1,589,790 350-8030 Storm Drain Facility Fee $10,032,449 $7,775,976 $13,450,000 350-8040 Traffic Circulation Fee $15,997,892 $1,497,349 $16,023,058 350-8050 Capital Growth Fee (Residential) $1,227,304 $0 $8,005,679 350-8060 Capital Growth Fee (Non-Residential) $2,359,607 $0 $4,510,226 350-8055 Mobility Fee $805,284 $0 $2,650,000
350-8080 Public Art Program Fee $1,210,450 $0 $700,000
603 Water Resource Development Fee $18,435,147 $14,632,121 $29,256,708 605 Water Capital Facility Charge $1,597,810 $1,077,399 $18,675,000 613 Wastewater Collection Connection & Treatment Fee $13,674,682 $10,070,961 $14,000,000 360-7050 Affordable Housing In-Lieu Fee $2,966,385 $1,176,609 $1,447,853 350-8070 Utility Undergrounding In-Lieu Fee $1,680,338 $1,493,901 $2,000,000 502

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Development Impact Fee Annual Report (FY 22-23) 40

Table 37: DIF Projects and Funding Sources

Project No. Project Name Project Budget Fund Budget
E xpenditures
to Date
FY22-23
Actual
E xpenditures Future E xpenditures
% Funded by
Fee
Approx. Construction
Start Date Other Funding Other Funding Sources
C9001 / 905701 Cabrillo Neighborhood Park 161,045.00$ 161,045.00$ -$ -$ 161,045.00$ 100% FY 27-28 -$ n/a C9401 / 945702 Citywide Park Improvement Program 322,292.00$ 322,292.00$ 43,546.70$ -$ 278,745.30$ 100% FY 27-28 -$ n/a C2104 Campus Park Activation 8,500,000.00$ 850,000.00$ -$ -$ 850,000.00$ 10% FY 24-25 7,650,000.00$ State & Local Grant Funds n/a Skatepark in Colonia 3,000,000.00$ 300,000.00$ -$ -$ 300,000.00$ 10% FY 24-25 2,700,000.00$ State Grant Funds - Indirect Charges - - -$ 736.00$ - - n/a n/a n/a GRAND TOTAL $11,983,337.00 $1,633,337.00 $43,546.70 $736.00 $1,589,790.30 Fund No. 350-8030: Storm Drain Facility Fee
Project No. Project Name Project Budget Fund Budget
E xpenditures
to Date
FY22-23
Actual
E xpenditures Future E xpenditures
% Funded by
Fee
Approx. Construction
Start Date Other Funding Other Funding Sources
n/a Citywide SD Construction 13,450,000.00$ 13,450,000.00$ -$ -$ 13,450,000.00$ 100% 2024 -$ n/a - Indirect Charges - - - 17,953.00$ - - n/a n/a n/a GRAND TOTAL 13,450,000.00$ 13,450,000.00$ -$ 17,953.00$ 13,450,000.00$ Fund No. 350-8040: Traffic Circulation Fee
Project No. Project Name Project Budget Fund Budget
E xpenditures
to Date
FY22-23
Actual
E xpenditures Future E xpenditures
% Funded by
Fee
Approx. Construction
Start Date Other Funding Other Funding Sources
C1301 / 133101 Rice Avenue & Fifth Street Railroad Grade Separation 131,800,000.00$ 6,431,096.00$ 772,160.90$ 11,846.79$ 5,647,088.31$ 4.88% In Progress 125,368,904$ State & Local Grant Funds C1703 / 173102 Oxnard Boulevard & Saviers Road Signal Improvements 3,208,956.00$ 726,566.00$ 37,025.65$ 34,383.03$ 655,157.32$ 22.64% In Progress 2,482,390$ General Fund, Federal Grant Funds C1801 / 183101 Oxnard Boulevard Bicycle Facilities Installation 2,747,978.00$ 708,828.00$ 26,686.72$ 16,971.50$ 665,169.78$ 25.79% In Progress 2,039,150$ Federal Grant Funds, State & Local Grant Funds C1808 / 183114 Traffic Signal Modifications 3,869,273.00$ 25,035.00$ 25,007.64$ 27.00$ 0.36$ 0.65% In Progress 3,844,238$ Federal Grant Funds C2003 / 203101 Adaptive Traffic Signal 1,852,000.00$ 1,852,000.00$ 288,514.23$ 754,255.82$ 809,229.95$ 100.00% In Progress -$ n/a C2006 / 203106 Traffic Signal Modernization 6,800,000.00$ 6,800,000.00$ 267,693.68$ 135,894.50$ 6,396,411.82$ 100.00% In Progress -$ n/a C2213 / 223110 US 101 Del Norte Interchange Upgrade 250,000.00$ 250,000.00$ -$ -$ 250,000.00$ 100.00% In Progress -$ n/a C2304 / 233101 Five Points Intersection Modernization 250,000.00$ 250,000.00$ -$ -$ 250,000.00$ 100.00% In Progress -$ n/a n/a Traffic Circulation Improvements Fee Study 500,000.00$ 500,000.00$ -$ -$ 500,000.00$ 100.00% In Progress -$ n/a n/a Traffic Signal Timing 850,000.00$ 850,000.00$ -$ -$ 850,000.00$ 100.00% In Progress -$ n/a - Indirect Charges - - - 16,199.00$ - - In Progress - n/a GRAND TOTAL 152,128,207.00$ 18,393,525.00$ 1,417,088.82$ 969,577.64$ 16,023,057.54$ 503

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Development Impact Fee Annual Report (FY 22-23) 41

Fund No. 350-8050: Growth Requirement Capital Fee (Residential) Project No. Project Name Project Budget Fund Budget
E xpenditures
to Date
FY22-23
Actual
E xpenditures Future E xpenditures
% Funded by
Fee
Approx. Construction
Start Date Other Funding Other Funding Sources
C1702 / 172201 Fire Station 4 Rebuild 5,800,000.00$ 2,900,000.00$ -$ -$ 2,900,000.00$ 50% FY 25-26 2,900,000$ Fund No. 350-8060 C2255 / 22AR54 Oxnard Fire Stations No. 2, 3, 5 3,550,000.00$ 1,775,000.00$ -$ -$ 1,775,000.00$ 50% FY 25-26 1,775,000$ Lost Public Sector Revenue Fund, Fund No. 350-8060 - Professional Services/Contract - - - 10,611.25$ -$ 0% n/a - n/a - Indirect Charges - - - 1,765.00$ -$ 0% n/a - n/a TOTAL PROJE CT E XPE NSE S 6,800,000.00$ -$ 12,376.25$ 1,900,000.00$ - Bond Payments - Civic Center Phase 2 n/a n/a n/a 434,373.00$ 3,330,679.00$ 26% n/a n/a Fund No. 350-8060, General Fund GRAND TOTAL 9,350,000.00$ 4,675,000.00$ -$ 446,749.25$ 8,005,679.00$ Fund No. 350-8060: Growth Requirement Capital Fee (Non-Residential) Project No. Project Name Project Budget Fund Budget
E xpenditures
to Date
FY22-23
Actual
E xpenditures Future E xpenditures
% Funded by
Fee
Approx. Construction
Start Date Other Funding Other Funding Sources
C1702 / 172201 Fire Station 4 Rebuild Design 3,250,000.00$ 1,625,000.00$ -$ -$ 1,625,000.00$ 50% FY 25-26 1,625,000$ Fund No. 350-8050 C2255 / 22AR54 Fire Station 2,3,5 Architecture/Design 3,550,000.00$ 1,775,000.00$ -$ -$ 1,775,000.00$ 50% FY 25-26 1,775,000$ Lost Public Sector Revenue Fund, Fund No. 350-8050 - Indirect Charges - - - 631.00$ - - n/a n/a n/a TOTAL PROJE CT E XPE NSE S 6,800,000.00$ 3,400,000.00$ -$ 631.00$ 3,400,000.00$ - Bond Payments - Civic Center Phase 2 n/a n/a n/a 137,401$ 1,110,226$ 9% n/a n/a Fund No. 350-8060, General Fund GRAND TOTAL 6,800,000.00$ 3,400,000.00$ -$ 138,032.00$ 4,510,226.00$ Fund No. 350-8055: Mobility Fee
Project No. Project Name Project Budget Fund Budget
E xpenditures
to Date
FY22-23
Actual
E xpenditures Future E xpenditures
% Funded by
Fee
Approx. Construction
Start Date Other Funding Other Funding Sources
n/a Wooley Road Pedestrian Improvements 2,400,000.00$ 2,400,000.00$ -$ -$ 2,400,000.00$ 100% FY 27-28 n/a n/a n/a Pedestrian Bridge Improvements at Channel Islands Bridge 18,000,000.00$ 250,000.00$ -$ -$ 250,000.00$ 1.39% FY 28-29 n/a Federal Grant Funds, State Grant Funds GRAND TOTAL 20,400,000.00$ 2,650,000.00$ -$ -$ 2,650,000.00$ Fund No. 350-8080: Public Art Program Fee
Project No. Project Name Project Budget Fund Budget
E xpenditures
to Date
FY22-23
Actual
E xpenditures Future E xpenditures
% Funded by
Fee
Approx. Construction
Start Date Other Funding Other Funding Sources
n/a Downtown Mural Program 250,000.00$ 250,000.00$ -$ -$ 250,000.00$ 100% In Progress n/a n/a n/a Oxnard Sculptures Program 250,000.00$ 250,000.00$ -$ -$ 250,000.00$ 100% In Progress n/a n/a n/a Citywide Mural Program 200,000.00$ 200,000.00$ -$ -$ 200,000.00$ 100% In Progress n/a n/a - Indirect Charges - - - 1,054.00$ - - n/a n/a n/a GRAND TOTAL 700,000.00$ 700,000.00$ -$ 1,054.00$ 700,000.00$ 504

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Development Impact Fee Annual Report (FY 22-23) 42

Fund No. 603: Water Resource Development Fee
Project No. Project Name Project Budget Fund Budget
E xpenditures
to Date
FY22-23
Actual
E xpenditures Future E xpenditures
% Funded by
Fee
Approx. Construction
Start Date Other Funding Other Funding Sources
C1001 / 106002
Water Distribution: Hueneme Road Recycled Water Pipeline - Phase II $ 30,376,345.00 $ 11,876,345.00 $ 2,063,726.28 $ 9,163.45 $ - 39% Completed 18,500,000$ Water Resource Fund, Water Bond 2021A Revenue Bond
Fund
C1101 / 116505 Great ASR Wells $ 2,574,419.00 $ 741,389.96 $ 693,919.98 $ 17,366.98 $ 30,103.00 29% In Progress 1,833,029$ State & Local Grant Fund, Water Operating Fund, Water
Bond 2021A Revenue Bond Fund
C2021
Recycled Water: Aquifer Storage and Recovery (ASR)
Completion $ 8,574,419.00 $ 643,271.00 $ - $ - $ 643,271.00 8% FY 27-28 7,931,148$ Water Bond Fund, Fund No. 601 - Water Ops, Water
Resources Grant
n/a Recycled Water: AWPF Improvements Phase I $ 1,000,000.00 $ 250,000.00 $ - $ - $ 250,000.00 25% FY 24-25 750,000$ WIFIA Fund n/a Recycled Water: AWPF Improvements Phase II $ 56,666,668.00 $ 28,333,334.00 $ - $ - $ 28,333,334.00 50% FY 26-27 28,333,334$ WIFIA Fund - Indirect Charges - - - $ 20,094.00 - - n/a GRAND TOTAL 99,191,851.00$ 41,844,339.96$ 2,757,646.26$ 46,624.43$ 29,256,708.00$ Fund No. 605: Water Capital Facility Charge
Project No. Project Name Project Budget Fund Budget
E xpenditures
to Date
FY22-23
Actual
E xpenditures Future E xpenditures
% Funded by
Fee
Approx. Construction
Start Date Other Funding Other Funding Sources
n/a Recycled Water: AWPF Storage Construction $ 6,000,000.00 $ 3,000,000.00 $ - $ - $ 3,000,000.00 50.00% FY 27-28 3,000,000$ Fund No. 601 - Water Ops n/a Aquifer Storage and Recovery (ASR) Wells Construction $ 31,350,000.00 $ 15,675,000.00 $ - $ - $ 15,675,000.00 50.00% FY 27-28 15,675,000$ Fund No. 601 - Water Ops - Indirect Charges $ - $ - $ - $ 4,177.00 - - n/a -$ n/a GRAND TOTAL 37,350,000.00$ 18,675,000.00$ -$ 4,177.00$ 18,675,000.00$ Fund No. 613: Wastewater Connection & Treatment Fee
Project No. Project Name Project Budget Fund Budget
E xpenditures
to Date
FY22-23
Actual
E xpenditures Future E xpenditures
% Funded by
Fee
Approx. Construction
Start Date Other Funding Other Funding Sources
C2236/226605 Wastewater Maintenance Building Expansion 10,000,000.00$ 5,000,000.00$ -$ -$ 5,000,000.00$ 50% 2022-2027 5,000,000$ Fund No. 611 - Wastewater Ops n/a Eastern Trunk MH Rehabilitation 3,000,000.00$ 2,000,000.00$ -$ -$ 2,000,000.00$ 67% In Progress 1,000,000$ Fund No. 611 - Wastewater Ops C2232/226601 Wastewater Collection: Lift Station Improvements 3,000,000.00$ 3,000,000.00$ -$ -$ 3,000,000.00$ 100% 2022-2027 -$ n/a C2029/206602 Wastewater Collection: UPRR Central Trunk Sewer Pipe Replacement 6,000,000.00$ 4,000,000.00$ -$ -$ 4,000,000.00$ 67% In Progress 2,000,000$ Fund No. 611 - Wastewater Ops - Indirect Charges - -$ - 18,896.00$ - - 2022-2027 - n/a GRAND TOTAL 22,000,000.00$ 14,000,000.00$ -$ 18,896.00$ 14,000,000.00$ 505

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Development Impact Fee Annual Report (FY 22-23) 43

Fund No. 360-7050: Affordable Housing In-Lieu Fee
Project No. Project Name Project Budget Fund Budget
E xpenditures
to Date
FY22-23
Actual
E xpenditures Future E xpenditures
% Funded by
Fee
Approx. Construction
Start Date Other Funding Other Funding Sources
M2103 / 215103 Central Terrace Development Loan 1,366,000.00$ 1,366,000.00$ -$ 38,147.36$ 1,327,852.64$ 100% In Progress n/a n/a M2305 OHA Loan Agreement Successor Parcel 212,740.00$ 212,740.00$ -$ 212,740.00$ -$ 100% Completed n/a n/a n/a 7th and Meta Site Acquisition 120,000.00$ 120,000.00$ -$ -$ 120,000.00$ 100% FY 23-24 n/a n/a n/a 2051 Mariposa Street and 1250 Azalea Street Property Acquisition3 116,280.00$ 116,280.00$ -$ 116,279.68$ -$ 100% Completed n/a n/a n/a Other Charges - - - 113,808.89$ - - - n/a n/a GRAND TOTAL 1,815,020.00$ 1,815,020.00$ -$ 480,975.93$ 1,447,852.64$ Fund No. 350-8070: Utility Undergrounding In-Lieu Fee
Project No. Project Name Project Budget Fund Budget
E xpenditures
to Date
FY22-23
Actual
E xpenditures Future E xpenditures
% Funded by
Fee
Approx. Construction
Start Date Other Funding Other Funding Sources
- Undergrounding of Overhead Utilities - Citywide 2,000,000.00$ - -$ -$ 2,000,000.00$ 100% FY 27-28 n/a n/a GRAND TOTAL 2,000,000.00$ -$ -$ -$ 2,000,000.00$ 506
Agreement 32500183 with GHD Engineering, Inc.
for Owner’s Engineer Professional Services for
Advanced Water Purification Facility
Improvements & Expansion and Aquifer Storage &
Recovery / Injection Well Field Project,
Specification No. PW 24-119
Tim Beaman, PE
Assistant Public Works Director
City Council
November 19, 2024
507
RECOMMENDATION 2
That the City Council approve and authorize:

1. The Mayor to execute an Agreement with GHD Engineering, Inc. in the amount of $5,000,000 from December 1, 2024, to November 31, 2029, for owner’s engineer professional services for Advanced Water Purification Facility (AWPF) Improvements & Expansion Project and the Aquifer Storage & Recovery (ASR) / Injection Well Field Project, Specification No. PW 24-119;

2. Project budget appropriations of $3,500,000 in the AWPF Improvements & Expansion Project (C2023) and $1,500,000 in the Aquifer Storage & Recovery (ASR) / Injection Well Field Project (C2551) for a total of $5,000,000 from the Water Development Impact Fee Fund (603) available fund balance, as well as the corresponding Water Capital Fund (602) transfer in/appropriation in the same amounts; and
508
RECOMMENDATION 3

3. Project budget unappropriations of $750,000 from the Water WIFIA Fund (607) and $478,977 from the Water Resource Fee Fund (606) in the AWPF Improvements and Expansion Project (C2023) as well as the corresponding Water Capital Fund (602) transfer in/appropriation in the same amount.
509
BACKGROUND 4
• As a key element of the City's Groundwater Recovery Enhancement and Treatment (GREAT) Program, the AWPF Improvements &
Expansion and ASR / Injection Well Field Project will utilize recycled water available to provide water supply resiliency and sustainability for the future.
• The project includes
• Improvements to the existing treatment processes;
• Expansion to a theoretical capacity of 15 million gallons per day; • Additional ASR wells; and
• Transmission pipelines.
• By engaging an Owner’s Engineer the City has access to a broad team of professionals with IPR experience to assist with planning, engineering, construction, and startup & commissioning of this project. 510
BACKGROUND 5
Oxnard Advanced Water Purification Facility
511
• Owner’s Engineer offers highly specialized services in multiple disciplines including membrane filtration process engineering, groundwater hydrology and modeling, new
well siting and development, and transmission pipelines engineering.
• Due to the existing workload the City Project Manager and complexity of the Project additional resources are required.

DISCUSSION 6
512
The scope of work for the Owner’s Engineer professional services includes, but is not limited to, the following tasks:
• Review available documents including as-builts plans, previous studies and technical documents, NPDES requirements, water quality reports, and other applicable documents.
• Develop planning documents including the development of technical memorandums, cost estimates, and life-cycle cost.
• Present and recommend the best delivery approach (e.g. Traditional Design-Bid-Build Design-Build, Progressive Design-Build, etc.) that would best meet the City’s needs. • Develop scope of work and RFP/RFQ to meet the City selected delivery approach. • Develop a permitting plan and submit all required permits to the applicable agencies. • Assist obtaining and reporting funding/financing opportunities including work related to acquiring identified funding and reporting as it pertains to the City’s WIFIA loan. • Make presentations to staff, public, and City Council. • Coordinate, attend, conduct, record and assist the City at all project meetings and prepare minutes as needed.
• Develop and continuously update a Master Project Schedule. • Prepare a task matrix list that identifies roles and responsibilities up to six months in advance and project milestones.
• Serve as the City’s representative for design and construction phases, project close out, and warranty services through the entire duration of the project. •

DISCUSSION 7
513
• The request for qualifications (RFQ) for the project was published on May 30, 2024, and proposals were due on July 23, 2024. The City received three proposals, which all deemed complete and responsive.

These were then reviewed by three staff members consisting of the AWPF Operations Manager, Water Operations Manager, and Senior Civil Engineer.
• GHD Engineering, Inc. was selected as the most qualified firm based on their extensive experience serving as Owner’s Engineer for major advanced membrane water treatment facilities throughout California, engineering and construction experience, having performed other projects successfully with the City, and a dedicated local presence. • Staff has confirmed that GHD Engineering meets all required City contractual provisions including possession of a City business tax certificate, insurance certificates and corporate filing with the California Secretary of State.

DISCUSSION 8
514

DISCUSSION
• The project planning and engineering work is scheduled to begin in 2024, and design and construction work will
continue for the next five years. GHD will work closely with the city staff, other project consultants, and AWPF
operations staff to keep the project on delivery schedule. 9 515

FINANCIAL IMPACT
● The total cost for this Agreement shall not exceed $5,000,000 and will be used for two CIP projects: AWPF Improvements &
Expansion Project (C2023) and ASR / Injection Well Field (C2551). ● This is a time and materials-driven contract based on approved labor rates and not-to-exceed fee amount; multiple assignments will be issued and managed by the City Project Manager during the contract period.
● The AWPF Improvements and Expansion Project (C2023) currently has $1,228,977 allocated from the Water Resource Fee Fund (606) and Water WIFIA Fund (607); however, staff is proposing to appropriate Water Resource Development Impact Fees Fund (603) to fund this Agreement instead of the current funding sources. 10 516

FINANCIAL IMPACT
• This will result in unappropriating $1,228,977 in allocated funds and appropriating $3.5M from the Water Resource Development Impact Fee Fund (603) as well as the corresponding Water Capital Fund (602) transfer in/appropriation in the same amounts.
• The ASR / Injection Well Field Project (C2551) currently has no funds appropriated; however, staff is proposing to appropriate Water Resource Development Impact Fees Fund (603) to fund this Agreement for $1.5M as well as the corresponding Water Capital Fund (602) transfer in/appropriation in the same amount. 11 517
End of Presentation
518

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. J.3

DATE: November 19, 2024

TO: City Council

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

SUBJECT: Public Project Agreement 32500227 with KYA Services, LLC. for Design Build of the Oxnard Tennis Center Specification No. PW 23-70. (10 minutes)

RECOMMENDATION

That the City Council approve and authorize:

1. A total of $1,453,263.30 in Project funds for the Design Build of the Oxnard Tennis Center Specification No. PW 23- 70;

2. The Mayor to Execute an Agreement with KYA Services, LLC. in the amount of $1,397,367.30 and a Project contingency amount of $27,948 (2%) with KYA Services, LLC. for a total not to exceed value of $1,425,315.30 for the Project; and

3. A Project allocation amount of $27,948 (2%) 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/E0j8Q_oUfcU

BACKGROUND

The Project scope consists of the design and construction of Oxnard Tennis Center tennis court improvements for the purpose of improving all eight tennis courts located at the Oxnard Community Park West. The work includes designing, permitting, resurfacing tennis courts, furnishing and installing interior fencing, court nets, fabric on perimeter fencing, protective nets above perimeter fencing, striping, and court lighting.

Capital Improvement Program (CIP) Reference:

Project No. C2251 – Oxnard Tennis Center Improvements Project - CIP 2025-2029 - Adopted June 4, 2024 – Page 79.

DISCUSSION

The work is tentatively scheduled to begin in early calendar year 2025 and continue into Fall 2025 absent any delays due to supply chain issues, unforeseen site conditions or weather. Staff will work closely with the Oxnard Tennis Center, the City’s Cultural and Community Services Department’s representatives, and the stakeholders directly impacted by the work to keep them informed of the project schedule. General project information will be disseminated to help keep the public informed as well.

The Notice of Request for the Pre-Qualification (RFQ) was published on May 30, 2024. Two firms submitted their 519
prequalification packets, KYA Services LLC. and TD Sports, and were both prequalified on June 24, 2024. The Request for Proposals (RFP) on the Design-Build Project was published on August 13, 2024, and all proposals were due on September 26, 2024. The City received the following proposals:

KYA Services LLC.: $1,397,367.30
TD Sports Inc.: Non-responsive

The proposal from KYA Services LLC. is responsive to the City’s RFP, is within the project allocation amount, and includes proposed improvements to all eight existing courts. Following this determination, procurement staff reviewed all documentation received from KYA Services LLC. 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 KYA Services LLC.

Staff recommends authorizing $1,453,263.30 for the project, which in addition to the project award amount of $1,397,367.30, includes $27,948 for project contingency (2% of the contract cost) and $27,948 for the cost of engineering services and City staff (2% of the contract cost). The project contingency and the cost of engineering services and City staff are set to 2% each because the Vendor is responsible for all quality control and assurance activities under this Design-Build agreement. Additionally, this project is anticipated to have a short construction period and the estimated total amount for the engineering services is expected to be just under 2%. Engineering services include the following activities during construction: inspection, project management, and labor compliance. These recommendations bring the total estimated cost of the project to $1,453,263.30.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The total cost for this Project shall not exceed $1,453,263.30, which includes the construction agreement, contingency, and project allocation. The Oxnard Tennis Center Improvements Project (C2251) has a project budget balance of $1,455,000 from the America Rescue Plan Act (ARPA) Fund (204).

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: Morgan Kessler, City Engineer

ATTACHMENTS

1. Agreement 32500227 KYA

2. Presentation

520

Agreement No. 32500227
1 DESIGN BUILD CONTRACT FOR

OXNARD TENNIS COURT IMPROVEMENT PROJECT
SPECIFICATION NO. PW 23-70

BY AND BETWEEN

THE CITY OF OXNARD
AND
KYA SERVICES, LLC.

THIS DESIGN BUILD 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 KYA SERVICES, LLC., (“Design/Builder”). The City and Design/Builder are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.”
WHEREAS, the City issued a Request for Qualification on May 30, 2024 to obtain information from design build entities with tennis/pickleball court design and construction experience and two (2) design build entities responded and the City qualified two (2) design build entity that would be eligible to submit proposal for the Oxnard Tennis Court Improvements Project ; and

WHEREAS, this project is funded in full with Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) by the Treasury Department under the American Rescue Plan Act (ARPA); and
WHEREAS, the selected Design/Builder 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, in light of the facts set forth above and the certifications made by Design/Builder as part of its Proposal, the City desires to retain Design/Builder to perform the replacement, installation and 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 are complementary; what is called for in one is binding as if called for in all, and together constitutes Design/Builder’s performance obligations:

521

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2 1. Contract, subject to the limitations in Sections 10 (“Prevailing Wage”) and 24 (“Ambiguities”);

2. Design/Builder’s Proposal (Exhibit A);

3. Exhibits B, C, D, F and G

4. Change Orders issued and approved by the City;

5. Permits;

6. Guaranteed Maximum Price Proposal

7. Special Conditions

3. DESIGN/BUILDER’S OBLIGATIONS

A. The Services. The Design/Builder agrees to furnish or arrange for the architectural, engineering and construction services set forth herein and required for completion of the Project on a Guaranteed Maximum Price basis. Design/Builder represents that it is thoroughly familiar with and understands the requirements of the Project scope contemplated by the Owner’s Facilities Program for the Project. Design/Builder represents to the City that Design/Builder has all the necessary architectural, engineering and construction education, skill, knowledge and experience required for the Project, and will maintain at all times during the term of this Contract such personnel on its staff to provide the services contemplated in the RFP and Proposal within the time periods listed in the RFP.

B. Design/Builder will perform all of the Work required for the Project, as specified in the Contract Documents. Design/Builder 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.

Design/Builder 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”).

C. Until the acceptance of the Work, the Design/Builder 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, whet her arising from the execution or from the nonexecution of the Work.

D. The Design/Builder 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 Design/Builder shall, at the Design/Builder’s expense, provide suit able drainage and erect such temporary structures as are necessary to protect the Work or materials from damage.

E. The suspension of the Work from any cause whatever shall not relieve the Design/Builder of his responsibility for the Work and materials as herein specified. If ordered by the Owner’s Representative, the Design/Builder shall, at the Design/Builder’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 Design/Builder shall be on behalf of the Owner, and the Owner shall, at all times, be entitled to the 522

Agreement No. 32500227
3 possession of such materials, and the Design/Builder shall promptly return the same to the site for the work when requested. The Design/Builder shall not dispose of any of the materials so stored, except with written authorization from the Owner.

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

G. Notwithstanding the foregoing provisions of this article, the Design/Builder 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 Design/Builder or its subcontractor responsible for the design work shall possess a valid (professional engineer or architect license) issued by the California Board of Professional Engineers, Land Surveyors and G eologists and/or California Architects Board
B. The Design/Builder or its subcontractor responsible for the construction work shall possess a valid A and/or B Contractor’s license issued by California State Contractors License Board.

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

E. The Design/Builder will also be required to possess a City of Oxnard business license at the time of Contract award.

5. CONTRACT PRICE; GMP PROPOSAL; PAYMENT

A. As full and complete compensation for Design/Builder’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, the City’s not to exceed amount is one million four hundred thousand dollars ($1,400,000.00) (the “Contract Price”) for all of the Design/Builder’s direct and indirect costs to perform the Work, in accordance with Design/Builder’s Proposal (attached hereto as Exhibit “A”) and the Guaranteed Maximum Price (GMP).

B. As set forth in the Project Schedule, the Design Bulder shall prepare and deliver to the 523

Agreement No. 32500227
4 City, a Guaranteed Maximum Price (“GMP”) Proposal. The Design/Builder shall, at a minimum, include in the GMP proposal:

1. A recital of the specific Construction Documents, including drawings, specifications, and all addenda thereto, used in preparation of the GMP Proposal;

2. The Guaranteed Maximum Price Elements: (1) Guaranteed Maximum Cost of Work detailed by each subcontract, trade, etc.’ (2) Design/Builder’s Contingency for the Work; (3) Guaranteed Maximum Design/Builder’s Staffing Cost, detailed by expense category; (4) Guaranteed Maximum General Conditions Cost (includes bonds and insurance costs, detailed by expense category; (5) Guaranteed Maximum for Design/Builders Overhead and Profit.

3. A draft schedule of values;

4. A description of all other inclusions to or exclusions from the GMP;

5. All assumptions and clarifications; and

6. The final Construction Schedule.

C. The Design/Builder acknowledges that the Construction Documents may be incomplete at the time the Design/Builder delivers the GMP proposal, and that the Construction Documents may not be completed until after the commencement of the Work.

Nevertheless, the GMP proposal shall include all costs for the Work required by the completed Constructions Documents, and if t he GMP proposal is accepted by the City, the Design/Builder shall be entitled to no increase in the GMP if the Work required by the completed Construction Documents (i) is required by the Contract for Design/Build Construction, (ii) is reasonably inferable from the incomplete documents, (iii) is consistent with the City’s goals and objectives, (iv) is consistent with the City’s Design and Construction Standards and the general industry standards for completion of the Work, (v) is not a substantial enlargement to the scope of Work or (vi) substantially conforms to the nature, type, kind or quality of Work depicted in the incomplete documents.

D. If the GMP proposal is unacceptable to the City, the City shall promptly notify the Design/Builder in writing. Within (14) calendar days of such notification, the City and Design/Builder shall meet to discuss and reso lve any differences, inconsistencies, or misunderstandings and to negotiate recommended adjustments to the Work and/or the GMP.

E. Upon acceptance of the GMP proposal the City shall issue a written Notice to Proceed to the Design Builder establishing the date construction is to commence. The Design/Builder shall not expend any monies for construction prior to the receipt of such Notice to Proceed without the written approval of the City.

F. The City shall make payments within thirty (30) Calendar Days after receipt of the Design/Builder’s undisputed and properly submitted payment request, based in part on the Project Schedule. The City shall return to the Design/Builder any payment request determined not to be a proper payment request as soon as practicable, but not later than seven (7) Calendar Days after receipt, and shall explain in writing the reasons why the payment request is not proper.

G. Whenever the Project Work is completed, the Design/Builder shall then submit to the Project Manager a written statement of the final quantities of Contract items for inclusion 524

Agreement No. 32500227
5 in the final invoice. Upon receipt of such an invoice, the Project Manager shall check the quantities included therein and shall authorize a payment amount, covering the value of the total amount of Work done by the Design/ Builder, less all previous payments. The Project Manager shall then file, on behalf of the City in the office of the County Recorder, a Notice of Completion of the Work herein agreed to be done by the Design/Builder. In addition, the final payment will not be released until the Design/Builder returns the control set of Plans and Specifications showing the redlined as-built conditions.

H. City shall pay the Design/Builder for the performance of the Design and Construction Services, the Work and the Reimbursable Expenses permitted under this Contract in amount not to exceed the Contract Price, in section 5.A. There shall be no re-allocation of amounts among the categories in the GMP, without the City’s written consent. The Contract Price (Budget) shall be comprehensive in scope in that all costs of the Design/Builder necessary for the proper exec ution of the Design Services and the Work shall be clearly identified and no other cost shall be allowed, subject to adjustments permitted hereunder. In the event that upon full completion of the Design Services and Construction Work for the Project, the actual cost hereof is less than the Contract Price, the City shall be entitled to the difference.

6. PROJECT SCHEDULE; CONSTRUCTION TIME; NOTICE TO PROCEED; TERM

A. Design/Builder and City have agreed upon a preliminary overall Project schedule covering the planning, design and construction of the Project, which is set to two hundred and seventy (270) Working Days, after the issuance of the Notice to Proceed.

This preliminary schedule shall serve as t he framework for the subsequent development of a final Construction Schedule with the Guaranteed Maximum Price proposal.

B. Contract Time. The Work under this Agreement shall be diligently prosecuted to completion before expiration of two hundred and seventy (270) Working Days, after the issuance of the Notice to Proceed. The City will not issue a Notice to Proceed to the Design/Builder until this Contract, including insurance documents, business tax certificate have been executed and/or approved by the City.

C. Notice to Proceed. No Construction related 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 Design/Builder by the City. Design/Builder 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 Design/Builder in advance of such time shall be considered as being done at the Design/Builder’s own risk and responsibility, and as a consequence will be subject to rejection.

D. Term. The Contract is effective as of the Effective Date listed, and shall remain in full force and effect until the Design/Builder 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. ERRORS AND OMISSIONS
The Design/Builder shall, at no additional cost to the City, immediately make additions, changes and corrections to any documents prepared by De sign/Builder necessitated by errors and 525

Agreement No. 32500227
6 omissions in the Design/Builder’s performance of its services. In addition, the Design Builder shall not be entitled to any compensation or adjustment in the Guaranteed Maximum Price for additional work required as a result ther eof, provided, upon the City’s written approval, Design/builder may use contingency funds to pay for Work not included in the Construction Documents which add value to the Project (but expressly excluding any demolition or other costs related to the substitution of such Work for previously installed Work and associated design fees). The foregoing shall not relieve Design/builder for liability to the City for any damages, including costs incurred by Owner after termination in whole or in part of the Agreement, resulting from any error or omissions by Design/Builder in the course of its duties under this Agreement.

8. PROJECT REPORTING
The Design/Builder shall provide a monthly repor t in searchable PDF format summarizing the progress of the Project to the City, including information on the subcontractor’s Work, percentage of completion of the Work, current estimating, Project accounting reports as applicable, projected time to completion and estimated cost to complete the Work, progress photographs, logs for Requests for Information, submittals and shop drawings, Change Orders, cost change proposals, field directives , safety meeting, deficiencies, weather conditions and meeting minutes.

9. DISPUTE RESOLUTION AND CLAIMS PROCEDURES

A. Public Contract Code Section 9204. For purposes of any Public Works Claims filed by a Design/Builder or SubDesign/Builder (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, Design/Builder 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 Design/Builder or SubDesign/Builder (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, Design/Builder 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.). 526

Agreement No. 32500227
7 C. For disputes or claims that do not constitute Public Works Claims, City and Design/Builder 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 adminis trative 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.

10. TERMINATION OF AGREEMENT FOR CONVENIENCE

A. The City may, by providing thirty (30) days' advance written notice to Design/Builder, 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 Design/Builder 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 Design/Builder for portions of the Work already performed shall continue.

B. Upon receipt of a Notice of Termination for Convenience, the Design/Builder 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 favorabl e 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 Design/Builder will be paid without duplication for:
527

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8 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 SubDesign/Builders, suppliers and others; and

3. Reasonable expenses directly attributable to termination.

D. The Design/Builder 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 Design/Builder. If the Design/Builder fails to submit a proposal, the City may determine the amount, if any, due the Design/Builder as a result of the termination. The City will pay the Design/Builder the amount it determines is reasonable. If the Design/Builder disagrees with the amount determined by the City as being reasonable, the Design/Builder 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.

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

11. TERMINATION FOR DESIGN/BUILDER’S DEFAULT

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

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 Design/Builder, 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 Design/Builder and its Surety. The Design/Builder shall commence satisfactory corrective actions within five (5) Working Days after receipt. If the Design/Builder 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 528

Agreement No. 32500227
9 thereafter, the City will consider the Design/Builder in default of the Contract and:

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

2. may use any materials, equipment, tools or other facilities furnished by the Design/Builder 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.

12. 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. Design/Builder and all Subcontractor 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. Design/Builder shall be responsible for using the correct and current prevailing wage rates. Design/Builder 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 Design/Builder from the responsibility for payment of the correct prevailing wage.

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 Design/Builder’s Submitted Proposal conflicting with the requirements of this Section 10.

C. Payroll Records. Design/Builder 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. Design/Builder and Subcontractor Obligations. Design/Builder and each contractor 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 529

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10 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. Design/Builder 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, Design/Builder or Subcontractor has ten days in which to comply with the requirements of this section. If Design/Builder or Subcontractor fails to do so within the ten-day period, Design/Builder 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 Design/Builder.

D. Apprentices. Design/Builder 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, Design/Builder is required to post all Job Site notices, including prevailing wage rates and other notices as required by regulation.

F. Other Labor Requirements. Design/Builder 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. Design/Builder further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws.

Design/Builder will require the same of all its Subcontractor.

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:

1. Pursuant to Labor Code section 1775, the Design/Builder 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 fo r 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 530

Agreement No. 32500227
11 worker by the Design/Builder.

2. The Design/Builder 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 Design/Builder 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, Design/Builder must forfeit to City twenty-five dollars ($25.00) per day for each worker who works in excess of the minimum working hours when Design/Builder 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 Design/Builder and its Subcontractor must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Contract, Design/Builder represents that it is aware of the registration requirement and is currently registered with the DIR. Design/Builder shall maintain a current registration for the duration of the Project. Design/Builder shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all Subcontractorare registered at the time this Contract is entered into and maintain registration for the duration of the Project.

13. LIQUIDATED DAMAGES
If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of one thousand dollars ($1,000.00) per day for each day of unexcused delay in completion, and such li quidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

14. COMPLIANCE WITH LAWS

Design/Builder 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 Design/Builder, its employees , officers, board members, agents, independent Design/Builders, 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 Design/Builder at its sole expense and prior to commencing any Work hereunder.

15. WORKERS’ COMPENSATION CERTIFICATION

Pursuant to Labor Code § 1861, by signing this Contract, Design/Builder certifies as follows: “I am aware of the provisions of Labor Code § 37 00 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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12 16. INSURANCE

Design/Builder 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 Exhibit B to this Contract.

FEDERAL GRANT CONTRACT PROVISIONS Design/Builder acknowledges that the Project is being funded or in part with Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) by the Treasury Department under the American Rescue Plan Act (ARPA), and further acknowledges and agrees to the provisions in the federal grant contract addendum attached to this Contract as Exhibit “I” and is incorporated by reference as if fully set forth herein. a. ACCESS TO RECORDS. (1) The Design/Builder agrees to provide the City of Oxnard, ARPA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Design/Builder which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Design/Builder 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 Design/Builder agrees to provide the ARPA 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 Design/Builder acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the ARPA Adminstrator or the Comptroller General of the United States.
b. SEAL, LOGO AND FLAGS. The Design/Builder shall not use the DHS seals(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific ARPA pre-approval.
c. COMPLIANCE WITH FEDERAL LAW REGULATIONS, AND EXECUTIVE ORDERS.

This is an acknowledgement that ARPA financial assistance will be used to fund all or a portion of the contract. The Design/Builder will comply with all applicable Federal law, regulations, executive orders, and ARPA 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, Design/Builder, or any other party pertaining to any matter resulting from the Contract. e. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. Design/Builder 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 Design/Builder acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Design/Builder’s actions pertaining to this Contract.

16. TIME OF THE ESSENCE

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

17. INDEMNIFICATION
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Agreement No. 32500227
13 A. Notwithstanding the limits of any insurance and to the fullest extent permitted by law, Design/Builder 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 Design/Builder, its agents, employees, Subcontractors, or invitees on the Project, or arising or alleged to arise from the acts or omissions of Design/Builder hereunder, or arising or alleged to arise from Design/Builder'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. Design/Builder 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. Design/Builder 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 Design/Builder's (or its agents', employees', Subcontractors' or invitees') performance of or failure to perform such Work, operations or activities hereunder; and Design/Builder 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 Design/Builder 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 Design/Builder hereunder, Design/Builder 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 proceedi ng, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City;

4. Design/Builder'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 533

Agreement No. 32500227
14 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 Design/Builder upon receipt of any third-party claim relating to the Contract, as required by Public Contract Code § 9201. The Design/Builder's indemnification and defense obligations pursuant to this Section shall survive the termination of this Contract. Design/Builder shall require the same indemnification from all Subcontractors.

C. The provisions of this subsection only apply to a Design Professional within the meaning of California Civil Code section 2782.8, as defined in said section, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such Services in accordance with the applicable provisions of the California Business and Professions Code. To the extent that the Design Services to be provided under this Agreement are those of a Design Professional, their duty to indemnify, hold harmless, and defend the City shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Design Professional, its officers, agents, employees or subconsultants in the performance of the Services described in this Agreement. In no event shall the costs of defense charged to the Design Professional exceed the Design Professional’s proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this reference. Nothing in this Subsection shall be construed to require the Design Professional to provide indemnification for Claims caused by the active negligence or willful misconduct of the City, or any other party for whom Design Professional is not legally liable

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 Design/Builder 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 Design/Builder shall not have any authority to compromise or otherwise settle any claim relating to the Project; any effort by the Design/Builder 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 Design/Builder receives any third-party claim relating to this Project, the Design/Builder shall provide written notice thereof and a copy of the claim to the City Attorney.

19. CONFLICTS OF INTEREST

The Design/Builder shall not accept any employ ment or representation during the Contract Term or within twelve (12) months thereafter that is or may likely make the Design/Builder “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 Design/Builder has been retained pursuant to the Contract Documents.”
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Agreement No. 32500227
15 20. REPORTS; BOOKS AND RECORDS; AUDIT

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

B. Design/Builder 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 Design/Builder and its subcontractor 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 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 Design/Builder hereunder shall be retained by Design/Builder 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 Design/Builder 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 Design/Builder shall comply with the nondiscrimination mandates of all statutes, ordinances and regulations.

B. For every SubDesign/Builder who will perform Work on the Project, the Design/Builder shall be responsible for such SubDesign/Builder’s compliance with this Section. The Design/Builder shall include in the written contract between itself and each SubDesign/Builder a copy of the provisions in this Section and a requirement that each SubDesign/Builder shall comply with t hose provisions. The Design/Builder shall be required to take all actions necessary to enforce such contractual provisions and ensure SubDesign/Builder’s compliance. The Design/Builder 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 first approved by the City and 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 Design/Builder with respect to the subject matter of this Contract.
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Agreement No. 32500227
16 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: Public Works Director
305 W. Third Street, East Wing, Third Floor
Oxnard, CA 93030

TO DESIGN/BUILDER: KYA SERVICES, LLC
1800 E. McFadden Avenue
Santa Ana, CA 92705

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

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 Design/Builder, or any successor in interest, in the event of any default or br each by the City or for any amount, which may become due to Design/Builder or to its successor(s), or for any breach of any obligation of the terms of this Contract.

27. REVIEW BY ATTORNEYS
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Agreement No. 32500227
17 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 (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 (1) the expiration of the one-year guarantee period; or (2) on 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

Design/Builder 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 Design/Builder or the payment of money by the City shall not relieve Design/Builder from any obligation to correct any incomplete, inaccurate, or defective Work (including the obligation to remedy any defective Work or materials durin g 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. Design/Builder is deemed to have conveyed the copyright in any designs, drawings, specific ations, Shop Drawings, or other documents (in paper or electronic form) developed by Design/Builder 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 her ein, 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 the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties. This Contract may not be assigned or transferred by Design/Builder without the concurrence of the surety and express written consent of the City.

33. GENDER; PLURAL
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Agreement No. 32500227
18 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 expre ssly 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 Design/Builder, 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 ri ght or remedy or be construed as a waiver. A Party's consent to or approval of any act by the other Party requiring the Party's consent or 538

Agreement No. 32500227
19 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

Design/Builder is an independent Contractor. All persons working for or under the direction of the Design/Builder are the Design/Builder'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. 32500227
20 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 KYA SERVICES, LLC.

xJohn C. Zaragoza, Mayor1 Date Jonathan Williams, COO, 2 Date ☐ Purchasing Agent

Brooks Berry, CFO Date

ATTEST:

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

APPROVED AS TO FORM:

________________________ __________
Stephen Fischer Date
City Attorney

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

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

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Agreement No. 32500227
21 EXHIBITS
Exhibit A: Design/Builder’s Proposal
Exhibit B: Project Description, Project B udget, and Project Documents and Guidelines Exhibit C: Project Schedule
Exhibit D: Schedule of Services
Exhibit E: Requirements for Submittals to City
Exhibit F: Project Specific Requirements
Exhibit G: Schedule of Payments
Exhibit H: Form INS-E: Insurance Requirements
Exhibit I: Federal Grant Funded Addendum
Exhibit J: Byrd Anti -Lobbying Certification
Exhibit K: Certification Regarding Debarmen t, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions
Exhibit L: S/M/WBE and LSA Firm Outreach Plan
Exhibit M: Payment Bond (Labor and Materials)
Exhibit N: Performance Bond

541

EXHIBIT A

DESIGN/BUILDER'S PROPOSAL
542
543
Court 6
(4 Pickleball courts -
no tennis)
Court 5
(4 Pickleball courts -
no tennis)
Court 8
(2 Pickleball courts +
tennis court)
Court 7
(2 Pickleball courts +
tennis court)
Court 4
(Tennis court)
Court 3
(Tennis court)
Court 2
(Tennis court)
Court 1
(Tennis court)
Oxnard Tennis Center Court
Improvements Project
Spec. No PW 23-70
801 Hobson Way
Oxnard, CA
Exhibit A
Scope of Work
1) Removal of existing interior fence (courts 1-8)
2) Saw-cut and remove approx. 57,600 s.f. of severely
damaged asphalt up to a depth of 4” (Courts 1-8)
3) Excavate existing material including vegetation, dirt and rocks, sub-grade, etc. to a depth of 1" below the
existing grade in 2 areas totaling approx. 57,600 s.f.
4) Scarify and re-compact any disturbed sub-grade or as needed for proper compaction.
5) Cement-treated base (CTB) remaining sub-base to a
depth of 12" with 5% cement, approximately 57,600 s.f.
6) Pave over approx. 57,600 s.f. of previously cement
treatment base with up to 4" of hot mix asphalt, placed in (1) lift.
7) Apply two filler coat of Plexipave acrylic color system. 8) Stripe the courts based on aerial view.
9) Install new separation fencing between courts and
tennis posts/nets
9) Submit and acquire Building Engineering & Safety
permit(s) from the City of Oxnard Community
Development Department.
544

Exhibit B

PROJECT DESCRIPTION
The Tennis Court Improvements Project (Project) will rehabilitate the existing 240 feet x 240 feet (57,600 SF) tennis and pickleball courts on the south end of Community Park West located at 801 Hobson Way, Oxnard, California. The project will include designing and constructing a combination of standard size six (6) tennis courts and twelve (12) pickleball courts in an area enclosed by perimeter fencing, rehabilitate interior fencing to delineate courts, new tennis court nets, new fabric on perimeter fences, new protective nets above exterior fence, new striping, and new lighting for sports activities at night.

PROJECT BUDGET
The Project Budget includes all costs related to accomplishing the Project. The Project Budget is allocated as follows:
● Pre-Construction/Design Maximum Budget $100,000
● Construction Maximum Budget $1,300,000
● Total Project Budget $1,400,000
The design and construction of the Project shall be completed within a Guaranteed Maximum Price (“GMP”) consistent with the Project Budget set forth above. The GMP includes all costs that are within the control of the Design-Build Team including design, project management, community engagement, construction, warranty, insurance, project closeout, overhead, profit, general conditions, bonds, and other soft costs. The GMP shall also include the Design-Build Team’s contingency for architect/engineer (“A/E”) costs and constructor errors and omissions.

The GMP proposed by each Design-Build Team shall not exceed the Project Budget.

Construction of the Project within the Project Budget is critical. The GMP is not to be construed as a stipulated sum, subject to change, but rather a true guaranteed not-to-exceed maximum cost. The Design-Build Team’s goal is to design the most value into the Project, as you believe prudent, while remaining within the Project Budget and the GMP.

PROJECT DOCUMENTS AND GUIDELINES
Reference RFP Solicitation # PW 23-70 for the Design and Construction of Oxnard Tennis Center Improvements for general project documents and guidelines.

545

EXHIBIT C

PROJECT SCHEDULE

=== RESERVED FOR DESIGN BUILD TEAM ===

PROJECT SCHEDULE TO BE PROVIDED BY THE DESIGN BUILD TEAM

=== RESERVED FOR DESIGN BUILD TEAM ===

546

EXHIBIT D

SCHEDULE OF SERVICES
=== RESERVED FOR DESIGN BUILD TEAM ===

SCHEDULE OF SERVICES TO BE PROVIDED BY THE DESIGN BUILD TEAM

=== RESERVED FOR DESIGN BUILD TEAM ===

EXHIBIT E

REQUIREMENTS FOR SUBMITTALS TO CITY
(a) Insurance and Bonds
547

i. The Design-Build Team shall submit to the City, for the City’s review and acceptance, all insurance and bond submittals required under the Design-Build Contract, or other documentation acceptable to the City, within fifteen (15) Calendar Days of issuance of a Notice of Award letter. The required insurance and bonds submittals, or other acceptable documentation, shall be reviewed by the City prior to execution of the Design-Build Contract.
ii. The successful Design-Build Team shall carry and maintain, at the successful Design- Build Team’s expense, at all times during the term of the agreement not less than the coverage and limits of insurance set forth in the General Conditions to the Design-Build Contract Appendix “V,” which shall be maintained with insurers and under forms of policies satisfactory to City.
(b) Quality Control Program
i. The Design-Build Team shall implement and operate a quality control program during all phases of the Project from commencement of design through completion of construction. The program shall include specific steps to be taken by the Design-Build Team to ensure all designs, materials, products, and workmanship conform to the Contract Documents, minimum program and performance requirements, and applicable codes.
ii. Coinciding with the 60% design plan submittals to the City, the Design-Build Team shall submit to the City, for the City’s review and approval, a detailed quality control program that includes, at a minimum, the following:

1. Lines of authority and responsibility, and internal review procedures and processes to ensure all work conforms to the Contract Documents, program and performance requirements, and applicable codes, and is proceeding in a quality manner.

2. Specific timeframes or periods during construction during which the Architect and its consultants, will be on-site to review and inspect the progress of construction activities for conformity with the Project plans and specifications.

Include disciplines to be on-site during each of these reviews and inspections.

3. Specific steps to be taken by the Design-Build Team to control construction quality and ensure conformance with the Project plans and specifications. Include specific material testing requirements during construction that the Design-Build Team will perform and report to the City for concurrence. (c) Submittals and Mobilization Plan.
i. Coinciding with the 60% design plan submittals to the City, the Design-Build Team shall submit to the City, for the City’s review and approval, a mobilization plan and schedule. The mobilization plan and schedule shall be reviewed by the City prior to execution of the Design-Build Contract. The mobilization plan and schedule shall be developed in both narrative and graphic format, and shall include, at a minimum, the following:

1. A detailed mobilization plan and schedule for initial construction activities.

2. A detailed sequential plan for commencement of site work no later than the dates specified in the Master Project Schedule.
548

ii. The Design-Build Team shall also submit a plan for review and approval of all required construction phase submittals by the Architect and Designer of Record, as applicable.

Construction phase submittals shall include, without limitation, a complete schedule through the Project Completion Date that shows required product/design submittal dates, interim design reviews, required City review periods, and dates for submittals to and receipt of approval from all required approval agencies.

549

EXHIBIT F

PROJECT SPECIFIC REQUIREMENTS
=== RESERVED FOR DESIGN BUILD TEAM ===

PROJECT SPECIFIC REQUIREMENTS TO BE PROVIDED BY THE DESIGN BUILD TEAM AND APPROVED BY THE CITY’S PROJECT MANAGER

JOBSITE MANAGEMENT AND LOGISTICS PLAN;
INITIAL CONSTRUCTION SCHEDULE DEADLINE;
GMP PROPOSAL SUBMITTAL DEADLINE;
MINIMUM SITE VISITS;
MILEAGE RATES;
DESIGN/BUILDER’S OVERHEAD AND PROFIT PERCENTAGE SHALL NOT EXCEED ).)% WITHIN THE GMP AND 0.0% FOR ADD OR CREDIT CHANGE ORDERS.

=== RESERVED FOR DESIGN BUILD TEAM ===

550

EXHIBIT G

SCHEDULE OF PAYMENTS
=== RESERVED FOR DESIGN BUILD TEAM ===

SCHEDULE OF PAYMENTS TO BE PROVIDED BY THE DESIGN-BUILD TEAM AND APPROVE BY THE CITY’S PROJECT MANAGER
PRE-DESIGN PHASE;
CONCEPT SCHEMATIC DESIGN;
ADVANCED DESIGN;
DESIGN DEVELOPMENT PHASE AND LIFE CYCLE COST AND ANALYSIS REPORT; CONSTRUCTION DOCUMENTS;
COMPLETED CONSTRUCTION DOCUMENTS;
CONSTRUCTION PHASES;
FINAL COMPLETIONS.

LIST OUT HOURLY RATES FOR PROFESSIONALS;

PRE CONSTRUCTION SERVICE FEES (BY PHASE)

Change Orders. Any deviation from the amounts as set forth in the GMP must be prepared in writing by the Design/Builder as a Change Order Request, which shall include the reason for the change in work, the change in the amount of compensation due, and supporting documentation.

The Change Order Request is subject to City Approval. If a Change Order Request is approved, the City will issue a Change Order and the Design/Builder may proceed with the requested change. Design/Builder shall submit an updated invoice in accordance with Section 5 of the Contract for all approved Change Orders.
=== RESERVED FOR DESIGN BUILD TEAM ===

551
Exhibit INS-E

INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS
(WITH BUILDER’S RISK REQUIREMENT)

1. C
ontractor shall obtain and maintain during the performance of any services under this Contract the following insurance against claims f or injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder b y Contractor, its agents, representatives, employees or subcontractors.
a. C
ommercial 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. B
usiness 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. I
f 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 subcon tractors 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. C
ourse 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.
e. W
orkers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.

1. C
ontractor shall, prior to performance of any services, file with the Risk Manager certif icates 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 w ork 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]

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

3. Contractor agrees that the Commercial General Liability and Business Automobile Liability Insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, it s 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).

4. T
he 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.

5. A
ny 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.

6. A
ll insurance standards applicable to Contractor shall also be applicable to Contractor’s subcontractors. Contractor agrees to maintain appropriate agreements with subcontractors and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager. 1 /23

EXHIBIT H
552
Exhibit INS-E

Page 2 ends

INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS

Certificates of Insurance

The sample accord form o n 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 uni dentifiable 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 prov ide 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.

INS-E.doc
553
Exhibit INS-E

Page 3 ends

SAMPLE

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

PRODUCER

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

CODE SUB-CODE

COMPANIES AFFORDING INSURANCE COVERAGE

INSURED

COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY

LETTER B

COVERAGES

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

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

CO
LTR

TYPE OF INSURANCE

POLICY NUMBER

POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)

LIMITS

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

GENERAL AGGREGATE $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) $

AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY

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

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM

EACH OCCURRENCE $
AGGREGATE $

WORKERS' COMPENSATION
AND

EMPLOYERS' LIABILITY

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

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

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

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

CERTIFICATE HOLDER

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

CANCELLATION

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

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

AUTHORIZED REPRESENTATIVE

554
Exhibit INS-E

Page 4 ends

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

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

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

NAMED INSURED

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

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

Claims Made
Retroactive Date
Occurrence

OTHER PROVISIONS

COVERAGES

LIABILITY LIMITS IN THOUSANDS $
EACH

OCCURRENCE

AGGREGATE

GENERAL
PRODUCTS/COMPLETED OPERATIONS
PERSONAL & ADVERTISING INJURY
FIRE DAMAGE

Underwriter=s representative for claims pursuant to this insurance.

CLAIMS:

Name:

Address:

Telephone: ( )

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

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

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

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

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

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

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or 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 w aive, 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

Rev. 1/23 INS-E.doc

555
Exhibit INS-E

Page 5 ends

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

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

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

NAMED INSURED

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

OTHER PROVISIONS
COMMERCIAL AUTO POLICY
BUSINESS AUTO POLICY
OTHER

LIMIT OF LIABILITY

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

Name:

Address:

Telephone: ( )

$ per accident, for bodily injury and property damage.

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

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

3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom cl aim 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.

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

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Automobile Liability Coverage, “occurrence” form CA000 1, code ("any auto"); or b. If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).

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

ENDORSEMENT HOLDER

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

AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter

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

Signature
(original signature required)

Telephone: ( ) Date Signed

Rev. 1/23 INS-E.doc
556

EXHIBIT I
Federal Grant Funded Contract Addendum
City of Oxnard – ARPA
Notice: The contract or purchase order to which this addendum is attached is made using federal assistance provided to the City of Oxnard by the US Department of Treasury under the American Rescue Plan Act (“ARPA”), Sections 602(b) and 603(b) of the Social Security Act, Pub. L. No. 117-2 (March 11, 2021).

The following terms and conditions apply to you, the contractor or vendor, as a contractor of the City of Oxnard, according to the City’s Award Terms and Conditions signed on May 11, 2021; by ARPA and its implementing regulations; and as established by the Treasury Department.

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.”
Minority and Women Business Enterprises (if applicable to this Contract) 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; 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 557

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.

WBE / MBE FORM ATTACHED BELOW

2. Suspension and Debarment. (applies to all purchases.) (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.

CERTIFICATION ATTACHED BELOW

3. Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352, as amended. (Applies to all purchases.) 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.

CERTIFICATION ATTACHED BELOW

4. Access to Records. (applies to all purchases.)
558

(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. (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 559

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, securi ty of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipm ent 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 surve illance 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:
(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.
560

(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 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. 561

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

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EXHIBIT J
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EXHIBIT K
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565

EXHIBIT L
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568
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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 OXNARD TENNIS COURT IMPROVEMENTS PROJECT SPECIFICATION NO. PW 23-70.

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.

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1741, and upon expiration of 570

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: ___________________________ Dated:________________________________ “Principal” “Surety”

By: _____________________________ By:___________________________________

Its:______________________________ Its:___________________________________ (Seal) (Seal)

Notes: This Bond must be executed in duplicate and dated, all Surety signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Date of Bond must not be before the Effective Date of 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.

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Bond No.:

PERFORMANCE BOND
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 OXNARD TENNIS COURT IMPROVEMENTS PROJECT SPECIFICATION NO. PW 23-70.

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

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Dated: ___________________________ Dated:________________________________ “Principal” “Surety”

By: _____________________________ By:___________________________________

Its:______________________________ Its:___________________________________ (Seal) (Seal)

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Public Project Agreement 32500227 with KYA
Services Inc. for the Oxnard T ennis Center
Improvements Project PW 23-70
City Council
November 19, 2024
KJ May
Sr. Construction Project Manager
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2 RECOMMENDATION
That the City Council approve and authorize:

1. A total of $1,453,263.30 in project funds for the Design Build of the Oxnard T ennis Center Specification No. PW 23-70;

2. The Mayor to Execute an Agreement with KYA Services, LLC. in the amount of $1,397,367.30 for the Project;

3. A project contingency amount of $27,948 (2%) with KYA Services, LLC. for a total not to exceed value of $1,425,315.30 for the Project; and

4. A project allocation amount of $27,948 (2%) for engineering, inspection, survey and project management for the Project. 575
● The mission of the Oxnard T ennis Center is to bring people and the communities together through tennis and pickleball activities. ● Community Park West is a neighborhood located in an underserved portion of central Oxnard. As a result of City staff, community efforts, and City Council, the Project was created with a $1,500,000 budget utilizing the American Rescue Plan Act (ARPA) funds.
● The Project will rehabilitate the existing eight (8) tennis courts on the South end of Community Park West located at 801 Hobson Way, Oxnard. The City’s Cultural and Community Services Department requested that the existing courts to be designed into a combination of six (6) tennis courts and twelve (12) pickleball courts based on public demand.

BACKGROUND
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● Exhibit A below illustrates the main scope of work at the Oxnard T ennis Center.

BACKGROUND
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DISCUSSION
5 • The Request for Proposals (RFP) on the Design-Build Project was published on August 13, 2024, and all proposals were due and opened on September 26, 2024.

The City received the following bids:

KYA Services LLC.: $1,397,367.30
TD Sports Inc.: Non-responsive
• The proposal from KYA Services LLC. is responsive to the City’s RFP, is within the project allocation amount, and includes proposed improvements to all eight existing courts. Following this determination, procurement staff reviewed all documentation received from KYA Services LLC. 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 KYA Services LLC. 578
• The work is tentatively scheduled to begin in early calendar year 2025 and continue into Fall 2025 absent any delays for supply chain issues, unforeseen site conditions or weather. Staff will work closely with the Oxnard T ennis Center, the City’s Cultural and Community Services Department’s representatives, and the stakeholders directly impacted by the work to keep them informed of the project schedule. General project information will be disseminated to help keep the public informed as well.

DISCUSSION
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● The total cost for this Project is $1,453,263.30 which includes the construction agreement, contingency and project allocation. The Design Build of the Oxnard Tennis Center Specification No. PW 23-70 has an available project budget balance of $1,455,000 from the ARPA Fund (204).
7 FINANCIAL IMPACT
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Questions?
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CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. J.4

DATE: November 19, 2024

TO: City Council

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

SUBJECT: Third Amendment to Agreement A-8248 with Moore, Lacofano, Goltsman, Inc. for Landscape Architecture and Engineering Design Services for the Campus Park Activation Project PW 20-95. (10 minutes)

RECOMMENDATION

That the City Council approve and authorize the Mayor to:

1. Execute a Third Amendment with Moore, Iacofano, Goltsman, Inc. in the amount of $180,325.77 for a new not- to-exceed amount of $1,280,264.52 to perform landscape architecture and design services for the Campus Park Activation Project PW 20-95; and

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/Jxqi66iFQwQ

BACKGROUND

On June 4, 2019, the City Council adopted resolutions authorizing the City Manager to submit an application for $8.5M in Statewide Park Development and Community Revitalization Program (SPP) grant funds for the Campus Park Activation Project. To create the grant project scope, City staff held six community workshops in 2019 that led to the development of the conceptual design that was submitted to the State with the grant application. The grant application focused on Campus Park’s potential role in the community as outlined in the recent Parks and Recreation Master Plan. On February 20, 2020, the City was notified that the grant was awarded for $8.5M.

Following the Grant award, the City approved a professional services agreement with Moore, Iacofano, Goltsman, Inc. (MIG) to provide landscape architecture and engineering design for the Campus Park Activation Project (C2104). The project scope involves public outreach and participatory community design, cost analysis, engineering design, and preparation of plans and specifications for the proposed improvements at Campus Park.

The specific project scope as outlined in the grant application includes the design and construction of a bicycle pump track, skate park, playground, basketball courts, pelota mixteca court, performing arts amphitheater/pavilion, multi-use field/meadow, community garden, public art, walking trails, stormwater improvements, lighting and landscaping throughout the park, and the renovation of the existing parking lot. Specific budgeted amounts for each park feature are included in the grant agreement document.
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Additionally, the City recently received notification of an award for a $6.7M grant from the federal Outdoor Recreation Legacy Partnership (ORLP) program, which will be used to provide phase 1 construction funds at Campus Park.

Capital Improvement Program (CIP) Reference:

Project No. C2104 – Campus Park Activation - CIP 2025-2029 - Adopted June 4, 2024 – Page 67.

DISCUSSION

Staff is recommending an increase in the not-to-exceed limit for the current contract (agreement A-8248) with the Campus Park Project landscape architect and engineering design firm, MIG Inc. This increase is required to cover additional services required to take the project through the plan check and permitting phases, and to address environmental work that is necessary as a condition of the recently received ORLP grant notification.

Generally, the additional services include stormwater infiltration borings and testing, soil engineering analyses, developing an updated geotechnical report, aircraft hazard and land use assessment, and producing a fire flow model. Also, the federal ORLP grant requires the completion of an environmental review under National Environmental Policy Act (NEPA) and National Historic Preservation Act of 1966 (NHPA) Section 106, and these are required to be approved by the National Park Service (NPS) before development can begin.

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 Amendment shall not exceed $180,325.77 for a new total contract value of $1,280,264.52 with MIG for this Project. The Campus Park Activation Project (C2104) is currently funded with the SPP grant (and the ORLP grant once environmental documents are approved by NPS) and has sufficient budget to account for this new work.

However, the NEPA and Section 106 environmental services mentioned above are not eligible expenses for grant reimbursements, and require other funding source to pay for this work. Therefore, staff is requesting a $65,000 appropriation and corresponding transfer in revenue in the Capital Outlay Fund (301) to this Project (C2104), funded by a transfer from the FY 2024-25 Adopted Budget of the General Fund Engineering Program (101), to cover portions of the agreement that are not grant expense eligible.

It should be noted that the ORLP grant funding agreement is only final once the City receives approval from NPS of the NEPA and Section 106 requirements. Once that approval occurs (which can take up to 12 months after submitting the required documents), the ORLP grant amount can be appropriated into the project budget per the recommendations in the City Council-approved ORLP grant staff report on February 20, 2024.

For Finance Use Only: General Fund (Org. 1013101 Obj. 53200; Org. 1013301 Obj. 59800); Capital Outlay Fund (Org. 3013301 Obj. 49300 / 53200, 53270)

COMMITTEE OUTCOME

Prepared by: Morgan Kessler, City Engineer

ATTACHMENTS

1. A-8248 Third Amendment

2. A-8248 Original, A1-A2

3. Presentation
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City and
Consultant agree as follows:

1. The amount in Section 6 of the cover page of the agreement is hereby amended to “$1,280,264.52”

2. The name in Section 10 address for notice for City is hereby amended to Jennie Ibanez

3. The name in Section 11 contact email for the City’s Project Manager is hereby amended to [email protected]

4. The reference to the Scope of Services Exhibit everywhere is listed both on the Cover Page and in the Agreement is hereby amended to add also the Scope of Services Exhibit A-1.

The Scope of Services Exhibit A-1 is attached hereto and incorporated herein by this reference.

5. The reference to the Rates and Cost Exhibit everywhere it is listed both on the Cover Page and in the Agreement is hereby amended to add also the Rates and Cost Exhibit B-1. The Rates and Cost Exhibit B-1 is attached hereto and incorporated herein by this reference.

6. As so amended, the Agreement remains in full force and effect. [Signatures on next page]
THIRD AMENDMENT TO PROFESSIONAL SERVICES (V-01-17-19))

THIRD AMENDMENT TO PROFESSIONAL SERVICES
This Third Amendment (“Third Amendment”) to the professional services agreement (“Agreement”) is made and entered into in the County of Ventura, State of California, this ______ day of __________, 20___, by and between the City of Oxnard, a municipal corporation (“City”), and Moore Iacofano Golstman, Incorporated (“Consultant”). This ThirdAmendment amends the Agreement entered into on December 15, 2020, by City and Consultant. The Agreement previously has been amended on January 10, 2022, by a First Amendment and on June 28, 2024 by a Second Amendment.

Agreement No. A-8248

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IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.

CITY OF OXNARD MOORE, IACOFANO GOLSTMAN,

INCORPORATED
☐John C. Zaragoza, Mayor 1 Date Daniel Iacofano, CEO Date ☐Jennifer Y ates, Purchasing Agent2
Carolyn V erheyen, Secretary3 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.

THIRD AMENDMENT TO PROFESSIONAL SERVICES (V-01-17-19))
Agreement No. A-8248

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Additional Service Request Scope of Work
Task 1: Project Management

1.02 : Regular Meetings with City of Oxnard
MIG will participate in regular bi-weekly coordination project conference calls with the City’s Project Manager. Calls will be scheduled every other week and MIG will prepare and email conference all agendas ahead of the call.

Deliverable:
• Agendas
• Meeting Summaries
Task 2: Preliminary Investigation

2.07 Additional Geotechnical Investigation
The MIG Team will provide additional geotechnical investigation to supplement the previous geotechnical study prepared and dated May 21, 2021. As part of the scope for this task, the MIG Team will review the pertinent, readily available information in our files, previous work at the project site and project plans. The MIG Team will visit the project site to mark for Underground Service Alert and to perform infiltration borings and testing for three (3) additional locations.

The borings will be excavated with a hollow stem auger drill rig, in general accordance with Ventura County Technical Guidance Manual for Stormwater Quality Control Measures (TGM).

The MIG Team anticipates that the test borings will include one shallow test boring at the bottom of the BMP and one test boring at a depth of 11 feet below the BMP at each test location.

The wells will be backfilled and abandoned at the completion of testing. Bulk soil samples will be obtained for soil classification and the engineering analyses to develop findings and design criteria for the proposed project will be prepared. Upon evaluation of assembled data, the MIG Team will revise the geotechnical report with findings, opinions and design-level geotechnical criteria for stormwater infiltration feasibility and soil infiltration rates.

Deliverable:
• Three (3) borings
• One (1) Revised Geotechnical Study

2.08 Aircraft Hazard and Land Use Assessment
The MIG Team will review the Aircraft Hazard and Land Use Risk Assessment prepared by LSA Associates in 2011and determine whether an addendum is possible, or a new Aircraft Hazard and Land Use Risk Assessment needs to be prepared. The Aircraft Hazard and Land Use Risk Assessment will address aviation safety, noise impact, overflight, and airspace protection consistent with the requirements of the CLUP and the California State Aeronautics Act (SAA) as reflected in the 2011 California Department of Transportation (Caltrans) Airport Land Use Planning Handbook and the California Public Utilities Code (PUC) Section 21670. Aviation hazard risk will also be assessed based on the National Transportation Safety Board (NTSB) historical accident and incident information associated with OXR as well as other available information about aviation accidents in the airport vicinity consistent with the types of aircraft operations, wind and weather conditions that prevail at OXR.. The MIG Team will meet with City and City Consultant staff to review and coordinate the findings of the Aircraft Hazard and Scope of Services A-1
Agreement No. A-8248

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Land Use Risk Assessment to support the airport land use planning objectives of the Project. Fee includes up to four (4) in-person meetings or up to ten (10) web meetings.

The services not part of this task include a solar glare analysis, CEQA Technical Input, City Planning Commission Meetings, or City Council Hearings.

Deliverable:
• One (1) Technical Memorandum documenting analysis, findings, and recommendations

2.0 9 Fire Flow Testing
The MIG Team will obtain an encroachment permit and perform two fire flow tests within the vicinity of the project. The first test will be a dual hydrant test along K Street. The second test will be a dual hydrant test along 5th Street. The MIG Team will compile and provide test results upon completion of fire flow testing. Results will be provided to the City for their records. The MIG Team assumes that the permit fees for testing will be provided by the City. It is assumed that a dual hydrant test will be adequate based on recent experience, if the City requires additional testing an add service will need to be negotiated.

Deliverable:
• Two (2) Fire Flow Results
Tas
k 2.09 Assumptions:
• Design engineering and construction services are not included with this proposal. • W
ater service to the proposed facilities is currently adequate and no additional design or ma
in extension for water services is required at this time. If additional design is required, an add service will need to be negotiated.
• Th
e proposed hydrant is expected to meet the City fire flow requirement. If not, then fu
rther analysis and recommendations will be required to meet the City’ s fire flow requirements, which will be an additional service.

2.10 Water Study (Optional Task)
If required by the City, the MIG Team will prepare a Water Study of the existing onsite water system including the relocated hydrant to compare the proposed system with the City of Oxnard’s fire flow requirements. The report will provide documentation of the static pressure of the onsite system, residual pressure at a fire flow of 3,000 gpm, and fire flow at 20 psi for the proposed hydrant. It is assumed the study will be processed for approval through the City of Oxnard as part of the Improvement Plan Permit Submittal Package.

Deliverable:
• Water Report

2.1 1 NEPA Categorical Exclusion
The proposed project has applied for grant funding from the California State Parks Office of Grants and Local Services (OGALS). OGALS receives federal funding from the National Parks Service (NPS) through the Land and Water Conservation Fund (LWCF) and the Outdoor Recreation Legacy Partnership Program (ORLP). In 2008, the Department of the Interior (DOI), Agreement No. A-8248

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which includes NPS, promulgated regulations (43 Code of Federal Regulations “CFR” Part 46) to establish procedures applicable to DOI bureaus and offices for complying with the National Environmental Policy Act (NEPA). In addition, NPS Departmental Manual (DM) Chapter 12, Part 516 provides supplementary requirements for implementing the DM that are specific to the NPS. It delegates certain responsibilities related to NEPA and establishes actions that normally require preparation of NPS-specific Categorical Exclusions (CEs). NPS, therefore, is the NEPA Responsible Entity (RE) who would be responsible for the NEPA portion of project approval.

A federal action may be "categorically excluded" from a detailed environmental analysis if the federal action does not, "individually or cumulatively have a significant effect on the human environment" (40 CFR 1508.4). The reason for the exclusion is generally detailed in National Environmental Policy Act (NEPA) procedures adopted by each federal agency. The proposed project is likely to meet the qualification for a Categorical Exclusion under 43 CFR Part 46 and Chapter 12, Part 516 of the NPS Department Manual under Section 3.3 (Categorical Exclusions for Which Documentation is Required)(F)(5) for actions related to grants for the construction of new facilities within an existing park recreation area. Additionally, in the event that an action which normally would be classified as a CE but involves unusual circumstances, NPS and OGALS require that appropriate environmental studies are conducted to determine whether a categorical exclusion is proper. Unusual circumstances include actions that involve: (a) Significant environmental impacts; (b) Substantial controversy on environmental grounds; (c) Significant impact to properties protected under Section 106 of the National Historic Preservation Act; or (d) Inconsistencies with any Federal, State or local law relating to environmental impacts.

Immediately upon receiving Authorization to Proceed, MIG will provide the City with a data request for any background materials and data needed for the CE. MIG will use existing reports and documents, historical records, technical studies, engineering drawings, consultations with City staff, previous work products prepared for this project, and familiarity with the project area to establish baseline conditions and project characteristics. MIG will conduct an initial site visit for orientation to the project boundaries, site conditions, constraints, and environmental setting.

This site visit will be done concurrently with the biological resources field survey proposed in Task 2.14 below. After the site visit, MIG will prepare documentation necessary to support a determination that the proposed project would qualify for a CE under NEPA, as an activity listed under 43 CFR Part 46 and Chapter 12, Part 516 of the NPS Department Manual. MIG will prepare the CE using NPS Form 10-904 (Application and Revision Form or “A&R”) Section

3.0(C) (Site Information – Environmental Resources Survey). MIG will provide an administrative draft and final CE in electronic form. Although the NEPA portion of the project cannot be approved until the Section 106 documentation is finalized, MIG will produce administrative draft NEPA documents for review by the City prior to finalization of the Section 106 documentation. Finally, the NEPA documentation will be produced simultaneously with the technical documents described in the tasks below.

Deliverable:
• Draft Categorical Exclusion documentation
• Final Categorical Exclusion documentation

Agreement No. A-8248

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2.12 NEPA Section 106 Initiation

2.12.01 Section 106 Initiation
Within 6 weeks after receiving Authorization to Proceed, MIG will initiate Section 106 Consultation with the Grant Manager (OGALS) and the California Office of Historic Preservation (SHPO) via an initiation letter. The letter will propose a description of the undertaking, define the indirect and direct Areas of Potential Effects (APE), outline level of ground disturbance required for the project, propose a list of consulting parties, and include resumes for key cultural resources staff associated with the project. The purpose of this letter is to let SHPO know about the project and receive feedback on the contents of the letter. MIG will prepare the letter and attachments for the City to submit to OGALS, who are acting as the Federal Agency and who will in turn submit the letter to the SHPO. Per Section 106 regulations and the SHPO process, they will respond with questions or acknowledgement within 30 days of receipt. Note that this timeframe does not account for any discussion or revisions requests from OGALS.

Deliverable:
• Section 106 initiation letter to OGALS

2 .12.02 Section 106 Consultation with Local Entities After the City receives a response from SHPO on the initiation letter, MIG will prepare consultation letters and materials for identified consulting or interested parties. The City will be responsible for sending the letters and receiving responses. Consulting parties are allowed 30 days to comment. Note that this task does not include Native American outreach or formal consultation with Federally Recognized Tribes. The purpose of this letter is to allow local entities, such as historical societies, museums, or preservation groups, to provide the City and SHPO with information about potential historical resources and let the agencies know that they would like to be included in future Section 106 documentation or consultation efforts. After the consultation period is complete, MIG will review and combine any comments received in a Finding of Effects (FOE) document outlined in Task 2.12(c) below.

Deliverables:
• List of consulting parties and contact information
• Template consultation letter for the City

2 .12.03 Historic Resources Evaluation Report (HRER) and Finding of Effect (FOE) MIG will prepare an HRER and FOE report that incorporates the findings from the combined Cultural Resources Technical Report and Native American outreach letters necessary to support a determination that the proposed project would not adversely affect historical resources, as defined under Section 106 of the National Historic Preservation Act, as amended, and therefore qualifies for a Categorical Exclusion under NEPA. The report will outline documentation and outreach efforts conducted to identify historic properties, the resulting analysis and findings, and whether or not the project activities would result in adverse effects to historic properties. MIG will prepare the report and content for a cover letter and submit to the City to distribute to OGALS. The SHPO requires a minimum of 30 days to respond with comments, requests for additional information, or concurrence. This task includes up to two (2) meetings with OGALS or SHPO to discuss the contents of the submittal.

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Deliverables:
• Draft combined HRER/FOE report
• Final combined HRER/FOE report
• Up to two (2) meetings with OGALS/SHPO

2 .12.04 Cultural Resources Assessment
MIG will prepare a cultural resources technical report to provide baseline documentation of the project site prior to initiating Section 106 consultation. The report will outline any identified historical resources within the project area that includes a buffer around the project site. A qualified archaeologist will conduct a pedestrian survey of the site and findings will be incorporated with an assessment of above ground resources (built resources) by an architectural historian into the combined technical report. The analysis and conclusions therein will support preparation of a Fending of Effects (FOE) document for Section 106 as outlined under Task

2.12(c), the Categorical Exemption under NEPA, and the issuance of any grading permits by the City.

The archaeological survey will include an archaeological and historical records search through the California Historical Resources Information System at Cal State Fullerton, a Sacred Lands File search from the Native American Heritage Commission, and a field inspection of the project site. The archaeologist will also conduct outreach to Native American individuals or entities regarding the potential for historical resources or sites that might include the project site. These letters and responses will be appended to the Final report. Upon review and one round of revisions on the assessment by the City, a combined cultural resources report shall be submitted to the Planning Division for compliance verification and appended to the FOE document submitted to OGALS and SHPO.

Deliverables:
• Draft Cultural Resources Assessment report
• Final Cultural Resources Assessment report
• Appendix of Tribal Outreach Letters and Responses

T
ask 2.12 Assumptions:
• This scope of work does not include archaeological monitoring or provisions in case of d
iscovery during construction. This contract may be amended to include those services as desired.
• The Cultural Resources Assessment task includes one site visit by a qualified a
rchaeologist to conduct the pedestrian survey.
• The Cultural Resources Assessment task does not include a site visit by a qualified a
rchitectural historian. It is assumed that no historical resources (built) are included within the project site and buffer. If evidence arises that indicates historical resources are present, a site visit may be required and can be scoped as an amendment to the contract. • It is understood that if cultural resources (archaeological or built) are identified within t
he project area, that may impact the level of NEP A review required. • MIG assumes that we may combine the HRER and FOE into a single document and are n
ot aware of any OGALS templates required for submittal. If the documents must be Agreement No. A-8248

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591
separated or require specific information and goes beyond the description of information included under task 2.12(b) then an amendment to the contract may be required to accommodate those stipulations.
• MIG assumes the project will result in no adverse effects to historical resources. If effects a
re identified through consultation with OGALS or SHPO, additional scope may be required to coordinate further with the associated agencies and the design team to resolve adverse effects.
• It is understood that OGALS or SHPO will conduct government to government c
onsultation with Federally recognized tribes and that task is not included in this scope of work.

2.13 General Biological Resources Assessment
Due to the project's potential to contain or be located near sensitive resources such as burrowing owl (Athene cunicularia), agencies are anticipated to require a General Biological Resources Assessment to ensure compliance with CEQA, NEPA, and ESA requirements. Prior to conducting a site visit, MIG biologists will review available background information pertaining to environmental resources in the vicinity of the project site to document potential sensitive habitats or special-status species that may occur there. Information that will be reviewed includes, but is not limited to, the following:

• U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (
IPaC) online system for federally listed, proposed, or candidate species that may occur on or near the project site;
• USFWS Critical Habitat for threatened and endangered species; • California Department of Fish and Wildlife (CDFW) California Natural Diversity Data b
ase (CNDDB) list of listed, proposed, candidate or sensitive species that may occur within a 9-quad search centered on the project site;
• USFWS National Wetland Inventory data base;
• California Native Plant Society (CNPS) data base;
• U.S. Department of Agriculture Natural Resources Conservation Service Soil Survey; • Federal Emergency Management Agency floodplain data;
• Local planning documents; and,
• Any previous biological studies prepared in the vicinity of the project site and/or s
urrounding sites.

Following the review of existing biological data and regulatory information, MIG will conduct a reconnaissance-level field survey on the project site to confirm presence or absence of habitat and potential for special-status species identified in the desktop analysis and identify any other sensitive biological resources that may be subject to local, state or federal regulations. The project site will be assessed using standard survey techniques, including line transects and spot checking, for potential habitat for special-status species. The field survey will serve to document and map existing plant communities and wildlife habitat within the proposed project site and the potential for occurrence of special-status species and regulated biological resources. Plant communities and other potentially sensitive biological resources may be mapped using GPS or digitized from field maps into ArcGIS. Plant and animal species observed on-site during the survey will be recorded, and representative site photographs will be taken during the survey. The Agreement No. A-8248

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field survey will also serve to verify the limits of natural resource mapping and information associated with background document/data base review.

Following the review of existing information and the field survey, MIG will prepare a General Biological Resources Assessment Report that documents the potential for sensitive biological resources to occur on the project site, such as those subject to regulation by a resource agency, requiring a permit or other formal authorization for any proposed impacts. The report will identify all biotic resources located on the site and those on adjacent parcels that could be impacted by the proposed development and will also identify mitigation measures designed to reduce or eliminate impacts to the identified resources. The report will be submitted along with the application for the proposed development.

Deliverable:
• General Biological Resources Assessment report

2.14 Burrowing Owl Survey and Report (Optional Task)
This task relies on the results of the previous task (Task 2.14) and is included as optional because burrowing owl (BUOW) surveys will only be required if suitable habitats are found on the project site. The project area lies in an area with suitable habitat for BUOW, and there are known occurrences of burrowing owl depicted in the California Natural Diversity Database (CNDDB) within 5 miles of the project site. If burrows or other structures that could support BUOW are present during the field survey, focused surveys will be required to be conducted during breeding season which extends from February 1 to August 31. Four (4) surveys spaced evenly throughout the breeding season, with at least one between February 1 and April 15th, are required to determine if BUOW are occupying the project site. Surveys will be conducted in concurrence with the Staff Report on Burrowing Owl Mitigation (California Department of Fish and Game, 2012). A report will be prepared to document the results of this survey.

Deliverable:
• Draft Burrowing Owl report.
• Final Burrowing Owl report

Task 4: Schematic Design

4.07 Development Design Review / Project Entitlement
The MIG Team will prepare one (1) Pre-Development Design Review package and one (1) project presentation for a Development Advisory Committee (DAC) review. The MIG Team will incorporate Pre-Development comments received and prepare and submit up to two (2) Development Design Review (DDR) packages for DAC review and project entitlement approval.

As part of this task and in support of the DDR submittal requirements, the MIG Team will prepare the following items:
• One (1) Parking Memorandum in lieu of a Parking Study. The MIG Team will i
ncorporate City comments for up to two (2) reviews and resubmit. • One (1) Drainage Memorandum
• Autoturn Exhibits
• BMP Design and Worksheet
Agreement No. A-8248

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593
• Sewer Report

Deliverable:
• Attendance of one (1) Pre-Development DAC/DDR meeting. • Attendance of two (2) DAC/DDR meetings
• Attendance of three (3) Design Team Meetings with City. • Preparation, submittal and sharing of up to two (2) DAC/DDR packages • Parking Memorandum and up to two (2) Revisions
• Autoturn Exhibits for up to two (2) parking lots
• Sanitary Sewer Report for Phase 2
Agreement No. A-8248

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1.01 Kickoff Meeting with City's Project Team - $ -$ -$ -$ -$ -$

1.02 General Project Management -$ -$ -$ -$ -$ -$

1.03 Regular Meetings with City of Oxnard 6,912.50$ -$ -$ -$ -$ 6,912.50$

1.04 Monthly Billing Invoice & Status Reports -$ -$ -$ -$ -$ -$

1.05 Coordination and Management of Subconsultants -$ -$ -$ -$ -$ -$

1.06 Quality Assurance/Quality Control Measures -$ -$ -$ -$ -$ -$ Subtotal 6,912.50$ -$ -$ -$ -$ -$ 6,912.50$

2.01 Data Gathering -$ -$ -$ -$ -$ -$ -$

2.02 Geotechnical Report -$ -$ -$ -$ -$ -$ -$

2.03 Topographic Survey -$ -$ -$ -$ -$ -$ -$

2.04 Arborist Report -$ -$ -$ -$ -$ -$ -$

2.05 CEQA Compliance Review -$ -$ -$ -$ -$ -$ -$

2.06 Mapping and Utility Investigation -$ 4,080.00$ -$ -$ -$ -$ 4,080.00$

2.07 Additional Geotechnical Investigation -$ -$ 6,450.00$ -$ -$ -$ 6,450.00$

2.08 Aircraft Hazard and Land Use Assessment 4,080.00$ -$ -$ 24,000.00$ -$ -$ 28,080.00$

2.09 Fire Flow Testing 700.00$ -$ -$ -$ 6,300.00$ -$ 7,000.00$

2.10 NEPA Categorical Exclusion 12,500.00$ -$ -$ -$ -$ -$ 12,500.00$

2.11 NHPA Section 106 Coordination/Compliance 18,084.00$ -$ -$ -$ -$ 11,090.00$ 29,174.00$

2.12 General Biological Resources Assessment 8,035.00$ -$ -$ -$ -$ -$ 8,035.00$

2.13 Burrowing Owl Survey and Report (Optional Task) 12,915.00$ -$ -$ -$ -$ -$ 12,915.00$ Subtotal 56,314.00$ 4,080.00$ 6,450.00$ 24,000.00$ 6,300.00$ 11,090.00$ 108,234.00$

3.01 Stakeholder Meetings -$ -$ -$ -$ -$ -$ -$

3.02 Develop Community Outreach and Facilitation Plan -$ -$ -$ -$ -$ -$ -$

3.03 Initiate Multimedia Campaign -$ -$ -$ -$ -$ -$ -$

3.04 Youth/Corps Training -$ -$ -$ -$ -$ -$ -$

3.05 Community Workshops - Round 1 -$ -$ -$ -$ -$ -$ -$

3.06 Community Workshops - Round 2 -$ -$ -$ -$ -$ -$ -$

3.07 Community Workshops - Round 3 -$ -$ -$ -$ -$ -$ -$ Subtotal -$ -$ -$ -$ -$ -$ -$

4.01 Kickoff Design Workshop with City's Project Team -$ -$ -$ -$ -$ -$ -$

4.02 Prepare Conceptual Design Alternatives (2) -$ -$ -$ -$ -$ -$ -$

4.03 70% Design Workshop with City's Project Team -$ -$ -$ -$ -$ -$ -$

4.04 Prepare 70% Schematic Design Package -$ -$ -$ -$ -$ -$ -$

4.05 Present 70% Schematic Design Package to Parks, Recreation, Community Services -$ -$ -$ -$ -$ -$ -$

4.06 Prepare 100% Schematic Design Package -$ -$ -$ -$ -$ -$ -$

4.07 Prepare and Submit Development Design Review/Project Entitlement 14,742.50$ 37,438.75$ -$ -$ -$ -$ 52,181.25$ Subtotal 14,742.50$ 37,438.75$ -$ -$ -$ -$ 52,181.25$

5.01 Coordinate CEQA Compliance Documentation -$ -$ -$ -$ -$ -$ -$

5.02 Prepare 50% Design Development Package -$ -$ -$ -$ -$ -$ -$

5.03 Attend Progress Submittal Review Meeting with City of Oxnard -$ -$ -$ -$ -$ -$ -$

5.04 Prepare 100% Design Development Package -$ -$ -$ -$ -$ -$ -$ Subtotal -$ -$ -$ -$ -$ -$ -$
Task 1: Project Management
Task 2: Preliminary Investigation
Task 3: Community Engagement
Task 4: Schematic Design
Task 5: Design Development
Campus Park Design/Activation Project (RFP #PW 20-95)
Proposed Professional Service Fee Additional Service
12-Aug-24
EC
G
Totals
Professional
Fee Totals
Geolabs
Totals
Johnson Aviation
Totals
MIG
Totals
Jenson Design &
Survey
Totals
MIG Team - Additional Service Request
Cogstone
Totals
Rates and Cost Exhibit B-1
Agreement No. A-8248

Page 11 of 12 ends

595
Task 1: Project Management
Campus Park Design/Activation Project (RFP #PW 20-95)
Proposed Professional Service Fee Additional Service
12-Aug-24
ECG
Totals
Professional
Fee Totals
Geolabs
Totals
Johnson Aviation
Totals
MIG
Totals
Jenson Design &
Survey
Totals
MIG Team - Additional Service Request
Cogstone
Totals

6.01 Prepare 90% Construction Documents Package - $ - $ -$ -$ -$ -$ -$

6.02 Prepare 100% Construction Documents Package -$ -$ -$ -$ -$ -$ -$ Subtotal -$ -$ -$ -$ -$ -$ -$

7.01 Pre-Construction Meeting -$ -$ -$ -$ -$ -$ -$

7.02 Bi-Weekly Construction Meetings -$ -$ -$ -$ -$ -$ -$

7.03 In-House Field Coordination -$ -$ -$ -$ -$ -$ -$

7.04 Nursery Visits -$ -$ -$ -$ -$ -$ -$

7.05 Pre-Punch Job Walk -$ -$ -$ -$ -$ -$ -$

7.06 Punch List Job Walk -$ -$ -$ -$ -$ -$ -$

7.07 Record Drawings -$ -$ -$ -$ -$ -$ -$ Subtotal -$ -$ -$ -$ -$ -$ -$ TOTAL LABOR 77,969.00$ 41,518.75$ 6,450.00$ 24,000.00$ 6,300.00$ 11,090.00$ 167,327.75$ TOTAL DIRECT COSTS 11,359.42$ -$ -$ -$ -$ 1,638.60$ 12,998.02$ TOTAL CONTRACT AMOUNT 180,325.77$
Task 7: Construction Phase Support
Task 6: Final PS&E
Agreement No. A-8248

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Contract Amendment and Budget Appropriation
for Design Activities for the Campus Park
Activation Project
City Council
November 19, 2024
Jennie Ibanez
Sr. Construction Project Manager
640
2 RECOMMENDATION
That the City Council approve and authorize the Mayor to:

1. Execute a Third Amendment with Moore, Iacofano, Goltsman, Inc. in the amount of $180,325.77 for a new not-to-exceed amount of $1,280,264.52 to perform landscape architecture and design services for the Campus Park Activation Project PW 20-95; and

2. Authorize a $65,000 budget appropriation, and corresponding transfer in revenue in the same amount, in the Capital Outlay Fund (301) of the Campus Park Activation Project (C2104), funded from a transfer of existing FY2024-25 General Fund (101) appropriation
641
• June 4, 2019: City Council approved the submission of an application for $8.5M in Statewide Park Development and Community Revitalization Program (SPP) grant funds for the Campus Park Activation Project.
• February 20, 2020: the City was notified that the grant was being awarded for the full $8.5M.
• Following the Grant award, the City sought a consultant team to provide landscape architecture and engineering design services for the Campus Park Activation Project (C2104). The project scope involves public outreach and participatory community design, cost analysis, engineering design, and preparation of plans and specifications for the proposed improvements at Campus Park.

BACKGROUND
642
• The Campus Park Activation Project includes the Park design to incorporate elements including but not limited to:
• Bicycle pump track
• Skate Park
• Playground
• Basketball Courts
• Pelota mixteca court
• Performing arts amphitheater/pavilion, multi-use field/meadow • Community garden
• Public art
• Walking trails
• Stormwater improvements
• Lighting and landscaping throughout the park
• Renovations to the existing parking lot

BACKGROUND
643

CAMPUS PARK ACTIVATION MASTER PLAN
644
• Amendment to Agreement A-8248 for Campus Park for Park Design will support additional tasks to complete project design through plan check and permitting. Tasks include:
• Stormwater infiltration borings and testing
• Soil engineering analysis
• Updated geotechnical report
• Aircraft hazards and land use assessment
• Fire flow model
• The federal ORLP grant requires the completion of an environmental review under National Environmental Policy Act (NEPA) and National Historic Preservation Act of 1966 (NHPA) Section 106, and these are required to be approved by the National Park Service (NPS) before development can begin.

DISCUSSION
645
• T otal value of Third Amendment with MIG is $180,325.77 with a new contract not to exceed value is $1,280,264.52
• The Campus Park Activation Project (C2104) is currently funded with the SPP grant.
• T o cover the required environmental studies that are not SPP grant eligible, $65,000 is requested to be transferred from the FY 2024-25 Adopted General Fund Engineering Program
(1013101-53200) to the Campus Park Activation Project (C2104).

FINANCIAL IMPACT
646
Questions?
647

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. J.5

DATE: November 19, 2024

TO: City Council

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

SUBJECT: Annual Purchase Orders with SWARCO McCain, Inc., for Traffic Signal Equipment for the Traffic Signal Modernization Project. (10 minutes)

RECOMMENDATION

That the City Council approve and authorize the Purchasing Agent to execute annual purchase orders with SWARCO McCain, Inc. for a not-to-exceed amount of $3,120,000 for a term of three years for specialized traffic signal equipment for Citywide signalized intersections.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/JXEOvMdB7wI

BACKGROUND

The Traffic Engineering Division is responsible for the maintenance of 167 signalized intersections across the City.

Ensuring the optimal performance of traffic signals is a critical component of our daily operations, involving careful oversight of installation, design, and monitoring to maintain safe and efficient traffic flow.

Following the adoption of the City’s Intelligent Transportation System (ITS) Master Plan in 2008, SWARCO McCain Inc.’s signal-related equipment and products were established as the City’s standard. Since then, SWARCO McCain has provided traffic signal control cabinets, controller systems (motherboards, electronic components, and wiring), software and push button technology used for managing traffic signal timing.

The equipment is programmable, loaded, and runs with industry-unique SWARCO McCain Inc. firmware and software.

These integrated, matched systems are crucial to efficiently manage signal operations and address any issues or malfunctions promptly. In the case of the City’s traffic signal it is essential to use a unified system with highly compatible, matched equipment, firmware, and software from the same manufacturer.

Capital Improvement Program (CIP) Reference:

Project No. C2006, Traffic Signal Modernization Project, CIP 2025-2029 - Adopted June 4, 2024, Page 125.

DISCUSSION

As part of the Capital Improvement Program, the City Council has approved the Traffic Signal Modernization project, with a phased project implementation, which includes:
• System-wide upgrades to the City’s traffic signals
648
• Replacement of aging infrastructure to ensure system reliability and compatibility with future signal technologies • Enhancement of system reliability, maintaining connectivity with the City’s traffic management center, and improving compatibility with new technologies

Specifying and purchasing SWARCO McCain Inc. equipment is essential not only for advancing this CIP project but also for maintaining and repairing traffic infrastructure when equipment breaks down and ensuring technical compatibility throughout the City’s traffic signal network. This is vital for public safety in both routine and emergency scenarios. This sole-source purchase is consistent with California Contract Code 3400, where such procurement is allowed “In order to match other products in use on a particular public improvement either completed or in the course of completion”.

By setting up a purchase order for this equipment at negotiated prices, the City can maximize its buying power, secure discounts, and streamline administrative processes. Moreover, having easier access to this specialized equipment accelerates repairs and reduces downtime at signalized intersections, preventing prolonged disruptions to traffic flow. The City’s traffic signal technicians will be responsible for installing the equipment purchased from SWARCO McCain.

For these reasons, it is essential to continue to use a cohesive system with uniform equipment, firmware, and software from the same manufacturer. To accomplish this, staff has relied upon the City's Purchasing Ordinance which allows the City to buy directly from a selected vendor capable of meeting City requirements of the traffic signal system. SWARCO McCain was selected as the sole provider of this equipment since the ITS Master Plan was adopted and deemed the equipment for the Traffic Signal Modernization Project. The Traffic Engineering Division negotiated prices with Swarco Mccain for a sole source list of equipment.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

The total cost for this Purchase Order with SWARCO McCain Inc. shall not exceed $3,120,000 for a term of three years.

It will be funded from the Traffic Signal Modernization Project (C2006) utilizing available budget appropriations from the following funding sources.

FUND FUND NAME AVAILABLE PROJECT BUDGET
350 Development Impact Fees Fund $1,675,335
104 Measure O Fund $1,000,000
101 General Fund $1,000,000
Total $3,675,335

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.

Prepared by: Morgan Kessler, City Engineer, Kawkeb Said, Senior Engineer

ATTACHMENTS

1. Quote-Sole Source List- Swarco McCain

2. Presentation

649
____________________________________________

QUOTATION
Estimator: Melissa Lanini
Quote #: MRL061424F (760)734-5086
Agency: Oxnard City of [email protected]
Job Name:Blanket- 332L-Flex- Signals
Bid Date: 8/12/24
Bid Item Qnty Description Price 1-9 qty Price 10+ qty

CONTROLLER EQUIPMENT
1 FLEX RACK MOUNT CONTROLLER,

WIFI/ W OMNI
$3,818.00 $3,643.00
1 352i ATCC-HV,(2)IA-24CH,(2)FITA-
24CH,OA-16CH,FOTA-16CH,SA,
ANODIZED.
$15,407.00 $15,191.00
1 CMU,2212-HV-MC (ip), 32 CH W/ ETHERNET

PORT, ATC
3 SIU,2218-MC SERIAL INTERFACE UNIT, ATC
2 ISO, DC, 242L, EDI ISOLATOR
9 LS,2202-HV-MC, HDSP/FLASHER UNIT, ATC
1 CMU DATAKEY PROGRAMMER, EDI

MONITORKEY-USB
2 LOCK MT ASSY,BEST,332/4/6 LEFT/RIGHT
(UNIVERSAL MT), STD
1 CERTIFICATION OF COMPLIANCE
1 332L CABINET, ANODIZED W/BEST
LOCKS
$11,259.00 $11,096.00
1 FILTER,AIR,POLYPROP MEDIA W/ GALVANIZED
FRAME
1 CMU, 2010ECLIP W/10/100 ETHERNET PORT,
EDI
1 RED MONITOR KIT
1 P2 PED MONITORING HARNESS
2 204 FLASHER
3 242L ISOLATOR, EDI
4 430 F.T.R.
12 200 LOAD SWITCH
1 LAMP KIT, 2 LED M73249 JKL, FRONT & REAR

SWITCHES JUMPERED
1 CERTIFICATION OF COMPLIANCE
650
4 3/4"X15"X2" ANCHOR BOLTS
SIGNALS W/ BACKPLATES W/ 2"

TAPE, NO VISORS INCLUDED
1 MAS [RYG]12" $466.29 $455.19
1 MAS [R,Y,G,GA]12" $557.54 $544.01
1 MAT [RYG] $447.25 $436.66
1 SV-1-T [RYG,YA>,GA>]12 LOD $927.15 $903.75
1 SV-1-T [RYG,GA]12 LOD $800.35 $780.34
1 SV-1-T [RYG]12 LOD $662.01 $645.68
1 TV-1-T [RYG,GA]12 LOD $865.37 $843.63
1 TV-1-T [RYG,YA,GA]12 ROD $993.64 $968.47
1 TV-1-T [RYG]12 LOD $715.52 $697.77
1 [RYG]12" $353.48 $345.38
1 [R,Y,G,GA]12" $474.40 $463.08
1 [RYG,YA,GA]12 $588.48 $574.12
1 [R,YA,GA,Y,G]12" CLUSTER $697.35 $680.09
1 12" VISOR $6.94 $6.94
1 3 SECTION 12" BACKPLATE $94.23 $93.05
1 4 SECTION 12" BACKPLATE $109.51 $107.93
1 5 SECTION 12" BACKPLATE $109.76 $108.16
1 5 SECTION 12" CLUSTER BACKPLATE $155.36 $152.55

SIGNALS W/ BACKPLATES NO TAPE,

NO VISORS
1 MAS [RYG]12" $416.33 $402.46
1 MAS [R,Y,G,GA]12" $507.60 $490.68
1 MAT [RYG] $397.29 $384.05
1 SV-1-T [RYG,YA>,GA>]12 LOD $877.24 $848.00
1 SV-1-T [RYG,GA]12 LOD $750.43 $725.41
1 SV-1-T [RYG]12 LOD $612.07 $591.67
1 TV-1-T [RYG,GA]12 LOD $815.46 $788.28
1 TV-1-T [RYG,YA,GA]12 ROD $943.74 $912.28
1 TV-1-T [RYG]12 LOD $665.59 $643.40
1 [RYG]12" $303.51 $293.39
1 [R,Y,G,GA]12" $424.44 $410.29
1 [RYG,YA,GA]12 $538.54 $520.58
1 [R,YA,GA,Y,G]12" CLUSTER $647.42 $625.84
1 12" VISOR $6.94 $6.94
1 3 SECTION 12" BACKPLATE $44.24 $42.76
1 4 SECTION 12" BACKPLATE $59.52 $57.54
1 5 SECTION 12" BACKPLATE $59.76 $57.77
651
1 5 SECTION 12" CLUSTER BACKPLATE $105.37 $101.86

CALTRANS FRAMEWORK WITH GALV

PIPE AND FITTINGS, PER CITY OF
OXNARD. 316 SS HARDWARE,

SERRATED TOP ELBOWS, WASHERS

INSIDE HOUSING
1 MAS MOUNT ONLY $108.23 $108.23
1 MAT $102.46 $102.46
1 SV-1-T LOD $381.27 $381.27
1 SV-1-T ROD $375.57 $375.57
1 SV-2-TA $518.50 $518.50
1 TV-1-T ROD $449.37 $449.37
1 TV-1-T LOD $449.36 $449.36
1 TV-2-T $563.33 $563.33

PED EQUIPMENT
1 PEDESTRIAN SIGNAL, INSTALLED IN

FRAMEWORK
$55.56 $54.07
1 SP-1-T LOD FRAMEWORK $355.13 $345.58
1 SP-1-T ROD FRAMEWORK $355.13 $345.58
1 SP-2-T FRAMEWORK $364.68 $354.88
1 TP-1-T ROD $430.85 $419.28
1 TP-2-T $396.98 $386.32
1 PPB SIGN R10-3 LEFT/RIGHT ARROW
BLACK ON WHITE, 2-SIDED
$12.46 $12.46
1 PPB SIGN, 9X12 R10-3j (CA) WAVE AT
BUTTON, 2-SIDED
$18.25 $18.25
1 PPB CAP & SWITCH $25.41 $25.73
1 PPB FRAME ASS'Y, ADJUSTABLE, 5X7 $40.53 $39.44
1 PPB FRAME ASS'Y, ADJUSTABLE,
9X12
$128.66 $125.20
PRICING VALID TILL 6/30/2025

PRICING WILL BE EVALUATED

ANNUALLY AND

INCREASED BASED ON CPI, NOT TO
EXCEED 10% PER YEAR

SALES TAX NOT INCLUDED
652
Prices firm for 90 days. Freight included. Add sales tax.

Sale is subject to Swarco's standard terms and conditions.

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or legally privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. ,
If you received this in error, please contact the sender and delete the material from any computer. 653
Annual Purchase Orders with SWARCO
McCain Inc., for Traffic Signal Equipment for
the Traffic Signal Modernization Project
City Council
November 19, 2024
Kawkeb Said, Interim City Traffic Engineer
Traffic Engineering Division
1 654
RECOMMENDATION 2
That the City Council approve and authorize the Purchasing Agent to execute annual purchase orders with SWARCO McCain, Inc. for a not-to-exceed amount of $3,120,000 for a term of three years for specialized traffic signal equipment for Citywide signalized intersections.
655

BACKGROUND
• The Traffic Engineering Division is responsible for the maintenance of 167 signalized intersections across the City.
• Ensuring the optimal performance of traffic signals is a critical component of our daily operations, involving careful oversight of installation, design, and monitoring to maintain safe and efficient traffic flow.
• Following the adoption of the City’s Intelligent Transportation System (ITS) Master Plan in 2008, SWARCO McCain Inc.’s
signal-related equipment and products were established as the City’s standard.
3 656

BACKGROUND
• Since then, SWARCO McCain has provided traffic signal control cabinets, controller systems (motherboards, electronic components, and wiring), software and push button technology used for managing traffic signal timing.
• The equipment is programmable, loaded and runs with industry-unique SWARCO McCain Inc. firmware and software.
• These integrated, matched systems are crucial to efficiently manage signal operations and address any issues or malfunctions promptly. • In the case of the City’s traffic signal it is essential to use a unified system with highly compatible, matched equipment, firmware, and software from the same manufacturer.
4 657

DISCUSSION
• As part of the Capital Improvement Program, the City Council has approved the Traffic Signal Modernization Project (C2006), with a phased project implementation, which includes:
• System-wide upgrades to the City’s traffic signals
• Replacement of aging infrastructure to ensure system reliability and compatibility with future signal technologies
• Enhancement of system reliability, maintaining connectivity with the City’s traffic management center, and improving compatibility with Smart Cities new technologies
• Purchasing SWARCO McCain Inc. equipment is essential not only for advancing the CIP project but also for maintaining and repairing traffic infrastructure when equipment breaks down. This is vital for public safety in both routine and emergency scenarios.
5 658

DISCUSSION
Flex Controllers
6 Flex Controllers
Traffic Signal Cabinet
Signal Heads
Pedestrian Signal Heads
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DISCUSSION
• This sole-source purchase is consistent with California Contract Code 3400, where such procurement is allowed “In order to match other products in use on a particular public improvement either completed or in the course of completion”.
• By setting up a purchase order for this equipment at negotiated prices, the City can maximize its buying power, secure
discounts, and streamline administrative processes.
• Having easier access to this specialized equipment accelerates repairs and reduces downtime at signalized intersections, preventing prolonged disruptions to traffic flow.
• The City’s traffic signal technicians will be responsible for installing the equipment purchased from SWARCO McCain.
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DISCUSSION
• It is essential to continue to use a cohesive system with uniform equipment, firmware, and software from the same manufacturer. • Staff has relied upon the City's Purchasing Ordinance which allows the City to buy directly from a selected vendor capable of meeting City requirements of the traffic signal system. • SWARCO McCain was selected as the sole provider of this equipment since the ITS Master Plan was adopted and deemed the equipment for the Traffic Signal Modernization Project. • The Traffic Engineering Division negotiated prices with Swarco Mccain for a sole source list of equipment.
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FINANCIAL IMPACT
The total cost for the annual Purchase Orders with SWARCO McCain Inc. shall not exceed $3,120,000 for a term of three years. It will be funded from the Traffic Signal Modernization Project (C2006) utilizing available budget appropriations from the following funding sources. 9 FUND NO. FUND NAME AVAILABLE PROJECT
BUDGET
350 Development Impact Fees Fund $1,675,335
104 Measure O Fund $1,000,000
101 General Fund $1,000,000
Total $3,675,335
662
End of Presentation
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Oxnard City CouncilNovember 19, 2024

Oxnard City Council
November 19, 2024