Agreement No. 32500282
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NOW, THEREFORE, the Parties agree as follows:
1. No Change to 2021 Permit Obligations. Nothing in this MOA, nor any part or portion hereof, shall modify or be interpreted to modify any Party's obligation to comply with, or liability under, the 2021 Permit.
2. 3.
Term. The term of this MOA shall begin on ____ , 2024 and end on ____ ,2027.
Program Administration.
A. The County will be the program administrator responsible for implementing and administering the CIMP's SCR TMDL monitoring and reporting on behalf of the Parties.
B. As the program administrator, the County will be responsible for performing the following work and tasks on behalf of the Parties to implement and administer the CIMP's SCR TMDL monitoring and reporting:
1. Solicit, award, and administer a contract for consultant services to implement the CIMP's SCR TMDL monitoring and reporting and perform all work, and furnish all personnel and materials, so that the Parties comply with their respective 2021 Permit's SCR TMDL monitoring and reporting requirements.
This contract shall require consultant to hold harmless, indemnify and defend all Parties, each Party individually, and each Party's officials, officers, employees and agents. The contract shall further require consultant to have at least the following insurance policies and amounts: commercial general liability insurance, including contractual liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant; business automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant; workers' compensation insurance as required by law; and employer's liability insurance in an amount not less than $1,000,000 per claimant.
2. Prepare and provide the Parties an annual accounting of GIMP SCR TMDL costs within 120 calendar days after the completion of the activities for each calendar year. The County may request an extension of this time period, which shall not be unreasonably withheld, by submitting a written request to the Parties.
3. Prepare and provide to the RWQCB, and the Parties, the SCR TMDL monitoring reports prepared pursuant to the GIMP and required by the 2021 Permit and the SCR TMDLs.
4. To act as the point of contact for the consultant contracted to implement the GIMP SCR TMDL monitoring and reporting on behalf of the Parties; and for the Parties in connection with the 2021 Permit's SCR TMDL monitoring and reporting requirements and administrative and fiscal management of the CIMP's SCR TMDL program.
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4. Program Funding. The Parties agree to share the costs to fund implementation and administration of the CIMP's SCR TMDL program, in accordance with this Section 4.
A. Budget. The budget to implement and administer the CIMP SCR TMDL program for the next three years is included in Exhibit A. The budget consists of estimated actual consultant fees to implement and administer the CIMP SCR TMDL program, a 10% contingency fee for unanticipated/unexpected consultant work and services, and a 5% administrative fee to cover the County's costs to perform the work and tasks described in Section 3(8).
B. Indicator Bacteria TMDL Cost Share. Fillmore, Oxnard, Santa Paula, Ventura, the District, and the County agree to share the CIMP SCR TMDL program costs of implementing and administering the Indicator Bacteria TMDL's monitoring and reporting requirements, as set forth in Exhibit A.
C. Nitrogen Compounds TMDL Cost Share. Fillmore, Santa Paula, the County, and the District agree to share the CIMP SCR TMDL program costs of implementing and administering the Nitrogen Compounds TMDL's monitoring and reporting requirements, as set forth in Exhibit A.
D. Chloride TMDL Cost Share. Fillmore, Santa Paula, the County, and the District agree to share the CIMP SCR TMDL program costs of implementing and administering the Chloride TMDL monitoring and reporting requirements, as set forth in Exhibit A;
E. Payment. The Parties agree to submit payment to the County within 90 calendar days of receiving an invoice from the County for their respective shares of the costs related to this MOA.
5, Withdrawal,
A. Any Party may withdraw from this MOA, with or without case, by giving the other Parties at least 30 calendar days' written notice thereof. The withdrawing Party shall be responsible for its allocated costs under this MOA up to the date of its notice to withdrawal. From the date of a Party's notice to withdrawal, or the date that the withdrawing Party pays all of its allocated costs, whichever is later, that Party shall no longer be bound by any term of this MOA except Section 6, which shall survive the expiration and/or any termination of this MOA.
B. In the event a Party withdraws before the end of the term of this MOA, the Parties agree to meet promptly, but not less than 30 calendar days from receiving notice from the withdrawing Party, to discuss the need to amend this MOA to update the cost share arrangement between the remaining Parties to this MOA.
6. lodemnjficatjon. Each Party shall defend, indemnify and hold harmless the other Parties and each of their officials, officers, employees and agents from and against any and all actions, damages, liability or claims for death, injury, loss, damage or expense to persons or property to the extent arising from or related to the negligent or willful acts or omissions of the indemnifying and defending Party in connection with CIMP SCR TMDL monitoring and reporting activities, except to the extent such actions, damages, liabilities or claims arise from or relate to the negligent or willful acts or omissions of any indemnified Party or Parties, as determined by
188
agreement of all Parties or by judgment by a court of competent jurisdiction. The Parties agree that none of them shall request a jury apportionment.
7. Disclosure of Program Data. To the extent permitted by law, all GIMP SCR TMDL data collected by the Parties and any consultant contract pursuant to Section 3(8) will remain confidential and in draft form until finalized and submitted to the RWQCB. Each Party agrees not to disclose GIMP SCR TMDL data to any person or entity without first notifying the other Parties, unless otherwise required by court order. If any Party is required to disclose GIMP SCR TMDL data without first notifying the other Parties, the disclosing Party shall notify the other Parties of the disclosure as soon as possible.
8. Waiver. Waiver by a Party of any one or more of the conditions of performance under this MOA shall not be a waiver of any other condition of performance under this MOA. In no event shall the making by any Party of any payment constitute or be construed as a waiver by that Party of any breach of covenant or any default that may then exist on the part of any other Party, and the making of any such payment by a Party shall in no way impair or prejudice any right or remedy available to that Party or any other Party with regard to such breach or default.
9. Entire Agreement; Integration. This MOA, including all exhibits attached hereto and any other documents incorporated herein by specific reference, constitutes the entire integrated agreement of the Parties regarding the subject matter described herein. This MOA supersedes all prior oral or written communications, negotiations, representations, agreements and promises, including (without limiting the generality of the foregoing) that certain agreement between the Parties, dated March 21, 2023.
10. Amendment. This MOA may not be modified or amended, nor any provision or breach waived, except in a writing signed by all Parties which expressly refers to this MOA.
11. Assignment. No Party shall assign or transfer any interest in this MOA or any part thereof, whether by assignment or novation, without every other Party's prior written consent. Any purported assignment without written consent shall be null, void, and of no effect.
12. Notices. Any notice pursuant to this MOA shall be made by certified mail or registered letter, return receipt requested, or by overnight courier to all Parties at the following addresses:
If to County: If to District:
Ventura County Public Works Agency Ventura County Public Works Agency Attn: Hayley Luna Attn: Arne Anselm
800 South Victoria Avenue 800 South Victoria Avenue
Ventura, CA 93009-1610 Ventura, CA 93009-1610
PHONE: (805) 662-6737 PHONE: (805) 654-3942
If to Fillmore: If to Oxnard:
City of Fillmore City of Oxnard
Attn: City Manager/City Engineer Attn: Badaoui Mouderres, Public Work 250 Central Avenue Department/Wastewater Collection
Fillmore, CA 93015 6001 Perkins Road
PHONE: (805) 524-1500 Oxnard, CA 930033
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PHONE: (805) 385-8153
If to Santa Paula: If to Ventura:
City of Santa Paula City of Ventura
Attn: Clete Saunier Attn: Joe Yahner
P.O. Box569 P.O. Box99
Santa Paula, CA 93061-0569 Ventura, CA 93002-0099
PHONE: (805) 933-4212 PHONE: (805) 652-4558
13 . Interpretation: Venue. The validity, interpretation, and performance of this MOA shall be controlled by and construed under the laws of the State of California, excluding California's choice of law rules. Venue for any such action or dispute involving or relating to this MOA shall be in the Ventura County Superior Court.
14 . Authority to Execute. Any person executing this MOA on behalf of a Party warrants and represents that he or she has the authority to execute this MOA on behalf of that Party and has the authority to bind that Party to the performance of its obligations hereunder. 15 . Counterparts. This MOA may be executed in one or more counterparts, each of which shall be deemed to be an original and all of which, when taken together, shall be deemed to be one and the same agreement. A signed copy of this MOA transmitted by email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this MOA for all purposes. [SIGNATURES ON FOLLOWING PAGE]
190
IN WITNESS WHEREOF, the Parties hereto have executed this MOA as of the dates set out below.
COUNTY OF VENTURA
By: ___________ _
Name: ------------
Title: ____________ _
Date: ____________ _
CITY OF FILLMORE
By: ___________ _
Name: ___________ _
Title: ____________ _
Date: -------------
ATTEST:
_______, City Clerk
CITY OF SANTA PAULA
By: ___________ _
Name: ------------
Title: ____________ _
Date: ____________ _
ATTEST:
_______, City Clerk
VENTURA COUNTY
PROTECTION DISTRICT
WATERSHED
By: ___________ _
Name: ------------
Title: ____________ _
Date: ____________ _
CITY OF OXNARD
By: ___________ _
Name: ___________ _
Title: ____________ _
Date: -------------
ATTEST:
CITY OF SAN BUENAVENTURA
By: ___________ _
Name: ------------
Title: ____________ _
Date: ____________ _
ATTEST:
_______, City Clerk
_______, City Clerk
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Exhibit A
Budget and Cost Sharing
A. Budgets. Estimated actual costs of implementing and administering the CIMP's SCR Indicator Bacteria TMDL, Nitrogen Compounds TMDL, and Chloride TMDL monitoring and reporting requirements are set forth in the following tables. Note estimated actual costs for the Nitrogen Compounds TMDL and the Chloride TMDL are combined into a single table because the same Parties are responsible parties for these two TMDLs. As provided in Section 4 of the MOA, budgets include the estimated actual costs of consultancy fees to implement and administer the CIMP SCR TMDL program for the next three years, a 10% contingency fee for unanticipated/unexpected CIMP SCR TMDL work and services, and a 5% administrative fee to cover the County's costs to perform the work and tasks described in Section 3(8) of the MOA.
Table A-1: Indicator Bacteria TMDL Budget
Monitoring CIMP Costs: Contingency Administrative SCR Indicator Bacteria Totals Year TMDL Component Fee (10%) Fee (5%) Year1 $77,970.00 $7,797.00 $4,288.35 $90,055.35
Year2 $80,710.00 $8,071.00 $4,439.05 $93,220.05
Year3 $83,560.00 $8,356.00 $4,595.80 $96,511.80
TOTALS $242,240.00 $24,224.00 $13,323.20 $279,787.20
Table A-2: Nitrogen Compounds TMDL and Chloride TMDL Budgets CIMP Costs:
Monitoring SCR Nitrogen Compounds Contingency Administrative Totals Year TMDL & Chloride TMDL Fee (10%) Fee (5%) Components
Year1 $4,900.00 $490.00 $269.50 $5,659.50
Year2 $5,090.00 $509.00 $279.95 $5,878.95
Year3 $5,280.00 $528.00 $290.40 $6,098.40
TOTALs $15,270.00 $1,527.00 $839.85 $17,636.85
[CONTINUED ON NEXT PAGE]
192
B. Cost Share. The Parties agree to share the costs of implementing and administering the CIMP's SCR Indicator Bacteria TMDL, Nitrogen Compounds TMDL, and Chloride TMDL monitoring and reporting provisions as set forth in the following tables.
Table B-1: Indicator Bacteria TMDL Cost Share
Cost Share
Party Totals
Year1 Year2 Year3
County $15,009.23 $15,536.68 $16,085.30 $46,631.20
District $15,009.23 $15,536.68 $16,085.30 $46,631.20
Fillmore $15,009.23 $15,536.68 $16,085.30 $46,631.20
Oxnard $15,009.23 $15,536.68 $16,085.30 $46,631.20
Ventura $15,009.23 $15,536.68 $16,085.30 $46,631.20
Santa Paula $15,009.23 $15,536.68 $16,085.30 $46,631.20 TOTALS $90,055.35 $93,220.05 $96,511.80 $279,787.20
Table B-2: Nitrogen Compounds TMDL and Chloride TMDL Cost Share Cost Share
Party Totals
Year1 Year2 Year3
County $1,414.88 $1,469.74 $1,524.60 $4,409.21
District $1,414.88 $1,469.74 $1,524.60 $4,409.21
Fillmore $1,414.88 $1,469.74 $1,524.60 $4,409.21
Santa Paula $1,414.88 $1,469.74 $1,524.60 $4,409.21
TOTALS $5,659.50 $5,878.95 $6,098.40 $17,636.85
193
Agreement No. A-7917
MEMORANDUM OF AGREEMENT
AMONG
CITY OF FILLMORE, CITY OF OXNARD, CITY OF SANTA PAULA, CITY OF SAN
BUENAVENTURA, AND COUNTY OF VENTURA (PARTIES)
TO PROVIDE EQUAL COST SHARING FOR SANTA CLARA RIVER BACTERIA MONITORING
AND REPORTING PROGRAM
This Memorandum of Agreement (Agreement or MOA) is entered into effect on October 5, 2016 among the following entities: City of Fillmore, City of Oxnard, City of Santa Paula, City of San Buenaventura, and County of Ventura (collectively referred to as the "Parties" and individually a "Party").
RECITALS
WHEREAS, on July 10, 2010, under Resolution No. R10-006, the Los Angeles Regional Water Quality Control Board (RWQCB) amended the Water Quality Control Plan for the Los Angeles Region (Basin Plan) to incorporate a Total Maximum Daily Load (TMDL) for Indicator Bacteria in the Santa Clara River (SCR) Estuary and Reaches 3, 5, 6, and 7; WHEREAS, on October 4, 2011, the State Water Resources Control Board approved the TMDL, which went into effect on March 21, 2012;
WHEREAS, the SCR Bacteria TMDL listed the cities of Santa Clarita, Fillmore, Santa Paula, and San Buenaventura and the Counties of Los Angeles and Ventura as responsible parties for Municipal Separate Storm Sewer System (MS4) Waste Load Allocations (WLAs). The California Department of Transportation (Caltrans) has been also identified as responsible party. In addition, MS4 Permittees that discharge to Reaches 1 and 2 have WLAs based on allowable exceedance days for the Estuary. Cities and counties that have co-mingled stormwater in the MS4 are jointly and severally responsible for meeting the WLAs assigned to MS4 discharges, unless the dischargers demonstrate that their discharges did not cause or contribute to the exceedances.
Consistent with 40 C.F.R. § 122.26(a)(3)(vi), each co-permittee is only responsible for discharges from the MS4s for which it is an operator;
WHEREAS, the Parties are required to initiate receiving water monitoring on October 11 , 2016 in accordance with approved In-Stream Compliance Monitoring Plan for Santa Clara River Estuary and Reach 3 Bacteria Total Maximum Daily Load (Final In-Stream Compliance Monitoring Plan) dated May 10, 2016, or as amended; and
WHEREAS, sometime in the future, the RWQCB may require the Parties to initiate outfall water monitoring within 6 months after receipt of RWQCB comments on the "Indicator Bacteria Total Maximum Daily Load Draft Implementation Plan for Lower Santa Clara River Watershed" submitted by the Parties to RWQCB on March 21, 2015, or as amended; and WHEREAS, sometime in the future, the Caltrans may wish to join this MOA to collaboratively implement required Santa Clara River Bacteria Monitoring and Reporting Program.
In such event, Caltrans will be subject to conditions of this MOA including cost share contributions adjusted as appropriate.
COii NC)\., Ptf P,Oi/.t �
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194
NOW, THEREFORE, for valuable consideration, receipt for which is hereby acknowledged, the Parties agree as follows:
195
AGREEMENT
1. The term of this Agreement shall begin on October 5, 2016 and end on October 4, 2021.
2. The Parties agree to actively support the monitoring and reporting efforts as required by the SCR Bacteria TMDL during the term of this Agreement by funding equal contributions of the total cost of the water monitoring described in the Final In-Stream Compliance Monitoring Plan, which is incorporated herein by this reference, shall not exceed a total of $32,026.48 (thirty two thousand twenty six and forty eight cents) per year for the Santa Clara River Bacteria TMDL monitoring and reporting activities in accordance with proposed budget in Exhibit A, which is attached hereto and incorporated herein by this reference.
3. Each of the Parties agrees to submit payment within 90 calendar days of receipt of an invoice from the Lead Agency to fund its share of the SCR Bacteria TMDL water monitoring efforts.
4. County of Ventura shall act as the Lead Agency under this Agreement and do all of the following:
A. To award and administer a contract for consultant services to conduct the SCR Bacteria TMDL water monitoring during the term of this Agreement. This contract shall require consultant to hold harmless, indemnify and defend all Parties, each Party individually, and each Party's officials, officers, employees and agents. The contract shall further require consultant to have at least: commercial general liability insurance, including contractual liability, in an amount not less than $1 ,000,000 combined single limit for bodily injury and property damage for each claimant; business automobile liability insurance in an amount not less than $1 ,000,000 combined single limit for bodily injury and property damage for each claimant; workers' compensation insurance as required by law; and employer's liability insurance in an amount not less than $1 ,000,000 per claimant.
B. To furnish the Parties a final accounting of the cost of the SCR Bacteria TMDL water monitoring, within one hundred twenty (120) calendar days after the completion of the activities set forth for that year, provided however, the Parties may grant in writing an extension of time to complete the final accounting.
C. To furnish monitoring data to the RWQCB and provide a copy to the Parties as set forth in the Final In-Stream Compliance Monitoring Plan.
D. During the term of this Agreement, to act as the Lead Agency for contract management and fiscal coordination in connection with the SCR Bacteria TMDL monitoring.
5. Caltrans may join this Agreement by giving notice in the manner provided in Exhibit B, which is attached hereto and incorporated herein by this reference, to all Parties. Once Caltrans provides such notice, the joining date listed in the notice shall be the effective date of this amendment to the Agreement to include Caltrans; if such joining date is not listed, the effective date of this amendment to the Agreement to include Caltrans shall be thirty (30) calendar days after the date of notice. If Caltrans joins this MOA, Caltrans agrees to pay the County of Ventura for the monitoring and reporting services not exceeding $5,337.75 (five thousand three hundred thirty seven dollars and seventy five 196
cents) per year as shown in Exhibit A and based on the cost allocation formula and the total estimated annual cost, attached hereto and made part of the Agreement by this reference. After Caltrans joins this MOA, the first cost share will be prorated to reflect the actual cost to be encumbered by the Parties with Caltrans participation, with a not to exceed Caltrans' cost share of $5,337. 75 (five thousand three hundred thirty seven dollars and seventy five cents) per year. If Caltrans joins this Agreement after the other Parties have already paid the Lead Agency based on the calculation without Caltrans, within ninety (90) calendar days of receipt of Caltrans's payment, the Lead Agency shall submit to each Party a payment for the difference between what that Party actually paid and what that Party owes once Caltrans is a party to the Agreement. Caltrans funding encumbered under this Agreement is evidenced by the signature of its District Budget Manager certifying as to funds in the maximum sum of and not exceeding $5,337. 75 (five thousand three hundred thirty seven dollars and seventy five cents) per year for the SCR Bacteria TMDL monitoring and reporting related activities in accordance with proposed budget as shown at the bottom of Exhibit A and adjusted to include Caltrans in the future to represent Caltrans' share of the work costs. Any cost to be invoiced above this sum will require an amendment to this Agreement.
6. Each of the Parties agrees to pay a five (5) percent administration fee to the Lead Agency for preparing and managing the contracts and budget for SCR Bacteria TMDL monitoring.
The administration fee will be calculated from the total consultant contract amount and equally cost shared among the Parties. In any case, this administrative fee, when added to the costs of monitoring and reporting, shall not exceed each Party's contribution amount listed in Exhibit A.
7. Any Party may withdraw from this Agreement for any reason or for no reason at all by giving the other Parties at least thirty (30) calendar days' written notice thereof. The withdrawing Party shall be responsible for its allocated costs up to the date of its withdrawal. The Lead Agency shall notify in writing RWQCB within fourteen (14) calendar days of receiving written notice from any Party that intends to withdraw from this Agreement. From the date of a Party's withdrawal or the date that the withdrawing Party pays all of its allocated costs, whichever is later, that Party shall no longer be bound by any term of this Agreement other than the indemnification and hold harmless provision. If a Party elects to withdraw from cost sharing of SCR Bacteria TMDL monitoring and reporting services before the end of the term of the Agreement, it is agreed that the remaining cost share will be distributed among other Parties based on the existing cost allocation formula. Each Party maximum liability for the MOA defined monitoring and reporting costs shall be limited to the amount reflected in Exhibit A, and incurred by the County up to the date of termination.
8. Each Party shall assume the defense of, indemnify and hold harmless the other Parties and each of their officials, officers, employees and agents from and against any and all actions, damages, liability or claims for death, injury, loss, damage or expense to persons or property to the extent arising from or related to the negligent or willful acts or omissions of the indemnifying and defending Party in connection with SCR Bacteria monitoring and reporting activities, except to the extent such actions, damages, liabilities or claims have arisen from or relate to the negligent or willful acts or omissions of any indemnified Party or Parties, as determined by agreement of all Parties or by judgment by a court of competent jurisdiction. No party shall request a jury apportionment. 197
9. If Caltrans joins this Agreement, all obligations of Caltrans under the terms of this Agreement are subject to the appropriation of the resources by the Legislature and the allocation of resources by the California Transportation Commission. This Agreement has been written before ascertaining the availability of federal or State legislative appropriation of funds, for the mutual benefit of the Parties in order to avoid program and fiscal delays that would occur if the Agreement was executed after that determination was made. If Caltrans joins the Agreement, it is valid and enforceable as to Caltrans as if sufficient funds have been made available to Caltrans by the United States Government or California State Legislature for the purposes set forth in this Agreement. If Caltrans joins the Agreement and later learns that the United States Government or the California State Legislature does not appropriate sufficient funds for Caltrans to participate in this Agreement, Caltrans has the option to withdraw from this Agreement by giving notice in the manner provided in Exhibit C, which is attached hereto and incorporated herein by this reference, to all Parties. Should Caltrans exercise its option to withdraw from this Agreement, Caltrans shall remain responsible for its share of liability, if any, incurred while participating in this Agreement, and the indemnification and hold harmless provision in the Agreement. Once the Parties receive written notice from Caltrans that it has opted to withdraw from this Agreement, the written withdrawal date in the notice, or if such withdrawal date is not listed, thirty (30) calendar days after the date of notice, this Agreement shall automatically revert to the language of the Agreement before Caltrans joined-although all amendment language adopted after Caltrans joined the Agreement that does not specifically relate to Caltrans joining the Agreement shall remain validwithout any further action by the Parties.
10. If Caltrans joins the Agreement, any Party intending to enter onto a Caltrans right of way to effectuate the terms of this Agreement shall first make a written request to Caltrans, identifying the site location, extent of access by persons (and equipment, if any), dates and times of entry, as well as an explanation of the purpose of that entry. Caltrans shall thereafter determine, within ten (10) working days, if that entry will be allowed without a formal Encroachment Permit issued by the District Permit Engineer as an authorized presence of non-Caltrans parties not interfering with or threatening the safety of the traveling public or the integrity of the Caltrans infrastructure. In such case, Caltrans shall condition that right of entry on the accompaniment of a Caltrans representative who shall be empowered to restrict or limit the access of those permittees, as deemed necessary, at the sole discretion of Caltrans. Where adverse impacts to traffic or the traveled way can be anticipated by Caltrans, Caltrans may require the requesting Party to submit a formal Encroachment Permit application, to be filed and completed together with Traffic Control Plans when necessary (which must be prepared by or under the supervision of a traffic engineer licensed in the State of California) with the District Permit Engineer. An Encroachment Permit may require as much as six (6) weeks to be issued depending upon the extent of coordination and development of traffic controls required for that access. Caltrans will endeavor, in good faith, to satisfy all requests for access as promptly as possible.
11. Monitoring data collected will remain in draft form until finalized and submitted to the RWQCB. Prior to such disclosure, no Party may share the monitoring data generated from the Program with members of the public without first notifying the Lead Agency, unless so required by law or court order.
12. Waiver by a Party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this 198
Agreement. In no event shall the making by any Party of any payment constitute or be construed as a waiver by that Party of any breach of covenant or any default that may then exist on the part of any other Party, and the making of any such payment by a Party shall in no way impair or prejudice any right or remedy available to that Party or any other Party with regard to such breach or default.
13. This Agreement, including any other documents incorporated herein by specific reference, constitutes the entire and integrated agreement of the Parties regarding the subject matter described herein. This Agreement supersedes all prior oral or written communications, negotiations, representations, agreements and promises. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by all Parties which expressly refers to this Agreement.
14. No Party shall assign or transfer any interest in this Agreement or any part thereof, whether by assignment or novation, without every other Party's prior written consent. Any purported assignment without written consent shall be null, void, and of no effect.
15. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California's choice of law rules. Venue for any such action relating to the Agreement shall be in the Ventura County Superior Court.
16. Any person executing this Agreement on behalf of a Party warrants and represents that he or she has the authority to execute this Agreement on behalf of that Party and has the authority to bind that Party to the performance of its obligations hereunder.
17. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and all of which, when taken together, shall be deemed to be one and the same agreement. A signed copy of this Agreement transmitted by email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes.
18. Any notice pursuant to this Agreement shall be made by certified mail or registered letter, return receipt requested, or by overnight courier to all Parties at the following addresses:
To the Lead AgencyEwelina Mutkowska
County of Ventura
800 S Victoria Avenue
Ventura, California 93009-1610
Phone: (805) 645-1382
To the City of Santa Paula -
Brian Yanez
City of Santa Paula
PO Box 569
Santa Paula, CA 93061-0569
Phone(805)933-4212
To the City of OxnardDaniel Rydberg
To the City of Fillmore -
City Manager & City Engineer
City of Fillmore
250 Central Avenue
Fillmore, CA 93015
Phone: (805) 524-1500 x. 11 4
To the City of San Buenaventura -
Joe Yahner
CITY OF SAN BUENAVENTURA
PO Box 99
Ventura, CA 93002-0099
Phone: (805) 652-4558
To California Department of
Transportation (if elects to join in the
199
City of Oxnard
305 West Third Street
Oxnard, CA 93030
Phone: (805) 385-8280
future)
District 07
Design Division, Storm Water Unit
Alberto A. Angelini
100 South Main Street, Suite 100, MS 13
Los Angeles, Ca 90012
200
MEMORANDUM Of AGREEMENT
AMONG
CITY OF FILLMORE, CITY OF OXNARD, CITY OF SANTA PAULA, CITY OF SAN
BUENAVENTURA, AND COUNTY OF VENTURA (PARTIES)
TO PROVIDE EQUAL COST SHARING FOR SANTA CLARA RIVER BACTERIA
MONITORING AND REPORTING PROGRAM
Signature Page
By the authorized signatures below the COUNTY Of VENTURA agrees to the Agreement and agrees to provide for equal cost sharing for the next five years of the required SCR Bacteria TMDL monitoring and reporting.
Signature:
Public Works
201
MEMORANDUM OF AGREEMENT
AMONG
CITY OF FILLMORE, CITY OF OXNARD, CITY OF SANTA PAULA, CITY OF SAN
BUENAVENTURA, AND COUNTY OF VENTURA (PARTIES)
TO PROVIDE EQUAL COST SHARING FOR SANTA CLARA RIVER BACTERIA
MONITORING AND REPORTING PROGRAM
Signature Page
By the authorized signatures below the CITY OF FILLMORE agrees to the Agreement and agrees to provide for equal cost sharing for the next five years of the required SCR Bacteria TMDL monitoring and reporting.
Signature:
ATTEST:
----c�f\!::Wrv, --�-��----w_ Date: q /).. 7) f l,,
Diane McCall, Mayor 1
54 202
MEMORANDUM OF AGREEMENT
AMONG
CITY OF FILLMORE, CITY OF OXNARD, CITY OF SANTA PAULA, CITY OF SAN
BUENAVENTURA, AND COUNTY OF VENTURA (PARTIES)
TO PROVIDE EQUAL COST SHARING FOR SANTA CLARA RIVER BACTERIA
MONITORING AND REPORTING PROGRAM
Signature Page
By the authorized signatures below the CITY OF OXNARD agrees to the Agreement and agrees to provide for equal cost sharing for the next five years of the required SCR Bacteria TMDL monitoring and reporting.
Tim Flynn, Mayor
ATTEST.
APPROVED AS TO FORM:
APPROVED AS TO INSURANCE:
APPROVED AS TO CONTENT:
203
MEMORANDUM OF AGREEMENT
AMONG
CITY OF FILLMORE, CITY OF OXNARD, CITY OF SANTA PAULA, CITY OF SAN BUENAVENTURA, AND COUNTY Of VENTURA {PARTIES)
TO PROVIDE EQUAL COST SHARING FOR SANTA CLARA RIVER BACTERIA
MONITORING AND REPORTING PROGRAM
Signature Page
By the authorized signatures below the CITY OF SANTA PAULA agrees to the Agreement and agrees to provide for equal cost sharing for the next five years of the required SCR Bacteria TMDL monitoring and reporting.
Date: 1 /9 /t7 I
JOHN C COTTI, City Attorney
I
204
MEMORANDUM OF AGREEMENT
AMONG
CITY OF FILLMORE, CITY OF OXNARD, CITY OF SANTA PAULA, CITY OF SAN
BUENAVENTURA, AND COUNTY OF VENTURA (PARTIES)
TO PROVIDE EQUAL COST SHARING FOR SANTA CLARA RIVER BACTERIA
MONITORING AND REPORTING PROGRAM
Signature Page
By the authorized signatures below the CITY ·OF SAN BUENAVENTURA agrees to the Agreement and agrees to provide for equal cost sharing for the next five years of the required SCR Bacteria TMDL monitoring and reporting.
Signature: __ C __ �_j-=--� .......... ��'"""'""--\..;a,;-..'--- Date: � t,-. r g1 · 2...vt k.
Erik Nasarenko, Mayor
ATTEST:
Antoinette M. Mann, City Clerk
APPROVED AS TO FORM
Gregory G. Diaz, City Attorney
By: ..L...-/..-1-.:::::...!��.....,c.���""'
M. R beca Mendoza
Assistant City Attorney
205
Exhibit A
Cost Sharing Distribution Table
Monitoring and Reporting Period:
October 11, 2016-0ctober 10, 2017
12-month Monitoring and Reporting estimate
Contingency (20%)
County of Ventura 5% Administrative Fee
TOTAL
MOA Parties
County of Ventura
CITY of San Buenaventura
City of Fillmore
City of Santa Paula
City of Oxnard
Total
Contract
Amount
$ 25,417.84
$ 5,083.57
$ 1,525.07
$ 32,026.48
Contribution
Amount
$ 6,405.30
$ 6,405.30
$ 6,405.30
$ 6,405.30
$ 6,405.30
$ 32,026.48
Future Adjusted Cost Sharing Distribution Table (if Caltrans Joins Agreement) Monitoring and Reporting Period:
To Be Determined
Contract
Amount
12-month Monitoring and Reporting estimate $ 25,417.84
Contingency (20%) $ 5,083.57
County of Ventura 5% Administrative Fee $ 1,525.07
TOTAL $ 32,026.48
Contribution
MOA Parties Amount
County of Ventura $ 5,337.75
CITY of San Buenaventura $ 5,337.75
City of Fillmore $ 5,337.75
City of Santa Paula $ 5,337.75
City of Oxnard $ 5,337.75
Caltrans $ 5,337.75
Total $ 32,026.48
206
Exhibit B
Notice to All Parties of Caltrans' Election to Join the Agreement Date of Notice:
-�---------
Pursuant to Section 5 of the agreement titled "Memorandum of Agreement among City of Fillmore, City of Oxnard, City of Santa Paula, CITY OF SAN BUENAVENTURA, and County of Ventura (Parties) to Provide Equal Cost Sharing for Santa Clara River Bacteria Monitoring and Reporting Program," entered into effect on October 5. 2016 (Agreement). which is incorporated herein by this reference, the California Department of Transportation (Caltrans) elects to join the Agreement. In joining the Agreement, Caltrans agrees to all provisions of the Agreement, including all of the benefits and burdens bestowed upon Caltrans due to the provisions of the Agreement. and Caltrans asserts that it shall comply with all provisions in the Agreement. Thus.
Caltrans shall become a party to the Agreement such that the term "Party" used therein shall apply to Caltrans and the term "Parties" used therein shall include Caltrans.
The date whereby Caltrans shall join the Agreement. which in any case shall be at least fifteen ( 15) calendar days after the date of notice listed above, is:
To effectuate this election, Caltrans shall provide this Notice to all other parties to the Agreement in the manner required by Section 18 of the Agreement.
By __ �--�--�---
District Director
APPROVED AS TO FORM AND PROCEDURE:
By--------�---
Attorney
CERTIFIED AS TO FUNDS:
By _
District Budget Manager
Date:-----------
CERTIFIED AS TO FINANCIAL TERMS AND CONDITIONS:
By _
Accounting Administrator
207
Exhibit C
Notice to All Parties of Caltrans' Election to Withdraw from the Agreement Date of Notice: �����������
Pursuant to Section 11 of the agreement titled "Memorandum of Agreement among City of Fillmore, City of Oxnard, City of Santa Paula, CITY OF SAN BUENAVENTURA, and County of Ventura (Parties) to Provide Equal Cost Sharing for Santa Clara River Bacteria Monitoring and Reporting Program," entered into effect on October 5, 2016 (Agreement), which is incorporated herein by this reference, the California Department of Transportation (Caltrans) elects to withdraw from the Agreement. In withdrawing from the Agreement, Caltrans shall remain responsible for its share of liability, if any, incurred while participating in this Agreement.
The date whereby Caltrans withdraws from the Agreement. which in any case shall be at least fifteen (15) calendar days after the date of notice listed above, is:
To effectuate this election, Caltrans shall provide this Notice to all other parties to the Agreement in the manner required by Section 18 of the Agreement.
District Director
APPROVED AS TO FORM AND PROCEDURE:
Attorney
CERTIFIED AS TO FUNDS:
District Budget Manager
CERTIFIED AS TO FINANCIAL TERMS AND CONDITIONS:
Accounting Administrator
208
Agreernent No, A-7917
Iúq
Agreement No. 20f6-055.1
August 6, 2018
AMENDMENT No. 1 To THE MEMoR,ANDUM oF AGREEMENT
AMONG
CITY OF FILLMORE, GITY OF OXNARD, CITY OF SANTA PAULA, CITY OF SAN
BUENAVENTURA, AND COUNTY OF VENTURA
TO PROVIDE EQUAL COST SHARING FOR SANTA CLARA RIVER BACTERIA
MONITORING AND REPORTING PROGR,AM
This Amendment No. 1 to the Memorandum of Agreement ("First Amendment") to Provide Equal Cost Sharing for Sant4 Clara River Bacteria Monitoring and Reporting Program (Agreement) is entered into effective September 14. 2018. among the following entities: City of Fillmore, City of Oxnard, City of Sunta paula, City oi San Buenaventura, and County of Ventura (collectively referred to as the "Parties" and individually as "Party")' REC¡TALS
WHEREAS, the Agreement, attached hereto and incorporated herein by reference' was executed for cost sharing of required receiving water monitoring and reporting activities in accordance with the approved "Final ln-Stream Compliance Monitoring Plan for Santa Clara River Estuary and Reach 3 Bacteria Total Maximum Daily Load," dated May 10, 2016, or as amended; and
WHEREAS, on December 26, 2017, the Los Angeles Regional Water Quality Control Board (RWOCB) approved "lndicator Bacteria Total Maximum Daily Load Draft lmplementation plan for the Lower Santa Clara River Watershed," dated March 21, 2015, including Appendix A, ,,Outfall Monitoring Plan," which implementation was extended to begin on September 17,2018' WHEREAS, the Parties desire to amend the Agreement (Exhibit A-2) to include equal cost sharing for implementation of Outfall Monitoring Plan'
THEREFORE, in consideration of these recitals and other consideration set forth below, it is mutually agreed that:
1. A new Section 2.5 is added to the Agreement to read, in its entirety, as follows:
,,The parties agree to actively support the efforts of the outfall monitoring and reporting activities for the Lower Santa Clara River Watershed indicator Bacteria Total Maximum Daily Load during the term of the Agreement by funding equat contributions of the total cost for the implementation of the Outfall Monitoring Plan, the total cost of which shall not exceed $65,059.10 (sixty-five thousand fifty-nine dollars and ten cents) per year for the outfall monitoring and reporting activities in accordance with the proposed budget in Exhibit A-1, attached hereto and incorporated herein bY reference"'
Z. Section 3 of the Agreement is replaced in its entirety, to read as follows:
01148.00011473428.1
Page I of9
209
"Each of the Parties agrees to submit annual payment of not to exceed $13,011.82 (thirteen thousand eleven dollars and eighty two cents) within 90 calendar days of receipt of the invoice from the Lead Agency to fund outfall monitoring and reporting efforts during the term. ln the event the total costs exceed the amount estimated in ExhibitA, the Parties agree to further amend this Agreement to increase the annual contributions or take such other steps as are necessary to ensure that the Parties are equally sharing in the total cost of the outfall monitoring and reporting efforts.
3. Section 4 of the Agreement is revised to add the following provisions to the County of Ventura's Lead Agency responsibilities:
"8. To award contracts for consultant services to implement the Outfall Monitoring Plan, to execute and administer the contracts, and to act on behalf of the Parties in all matters pertaining to the Agreement and this First Amendment.
F. To furnish the Parties a final accounting of the cost of the Outfall Monitoring Plan implementation, within one hundred twenty (120) calendar days after the completion of the activities set forth for that year, provided however, that the Parties may grant an extension of time to complete the final accounting upon agreement of the Parties.
G. To furnish monitoring data to the RWQCB and provide a copyto the Parties as set forth in the Outfall Monitoring Plan."
4. Except as specifically provided herein, all other provisions of the Agreement shall remain in full force and effect.
01148.0001t473428.1 Page2 of9
210
AMENDMENT NO. 1 TO THE MEMORANDUM OF AGREEMENT
AMONG
CITY OF FILLMORE, CITY OF OXNARD, CITY OF SANTA PAULA, CITY OF SAN
BUENAVENTURA, AND COUNTY OF VENTURA
TO PROVIDE EQUAL COST SHARING FOR SANTA CLARA RIVER BACTERIA
MONITORING AND REPORTING PROGRAM
Signature Page
By the authorized signatures below the GITY OF FILLMO-BE_ agrees to the First Amendment and agrees to provide for equal cost sharing for the Outfall Monitoring Plan implementation through October 4,2021.
City of Fillmore
( 1t¿/tr
Date
45 0t t48.000t/473428 I Page 3 of9
211
AMENDMENT NO. I TO THE MEMORANDUM OF AGREEMENT
AMONG
CITY OF FILLMORE, CITY OF OXNARD, CITY OF SANTA PAULA, CITY OF SAN
BUENAVENTURA, AND COUNTY OF VENTURA
TO PROVIDE EQUAL COST SHARING FOR SANTA CLARA RIVER BACTERIA
MONITORING AND REPORTING PROGRAM
Signature Page
By the authorized signatures below the Q[f[.'1Q$MBD agrees to the First Amendment and agrees to provide for equal cost sharing for the Outfall Monitoring Plan implementation through October 4,2021.
Gity of Oxnard
¿\fu rolz,.ltß
Lisa Boerner_, Purchásing Manager
APPROVED AS TO FORM:
%;' í ^(; .>
Date
sHpnelr¡#Èér, City Attorney Date
0t 148.0001/473428.1 Page 4 of9
212
AMENDMENT NO. I TO THE MEMORANDUM OF AGREEMENT
AMONG
CITY OF FILLMORE, GITY OF OXNARD, CITY OF SANTA PAULA, CITY OF SAN
BUENAVENTURA, AND COUNTY OF VENTURA
TO PROVIDE EQUAL COST SHARING FOR SANTA CLARA RIVER BACTERIA MONITOR¡NG AND REPORTING PROGRAM
Signature Page
Bytheauthorizedsignaturesbelowthe@agreestotheFirstAmendment and agrees to províde for equal cost sharing for the Outfall Monitoring Plan implementation through October 4, 2021.
City of Santa Paula
?- 7ty
Date Michael K. Rock, City Manager
01148.00011473428.1 Page 5 of9
213
AMENDMENT NO. 1 TO THE MEMORANDUM OF AGREEMENT
AMONG
CITY OF FILLMORE, CITY OF OXNARD, CITY OF SANTA PAULA, CITY OF SAN
BUENAVENTURA, AND COUNTY OF VENTURA
TO PROVIDE EQUAL COST SHARING FOR SANTA CLAR,A RIVER BACTERIA
MONITORING AND REPORTING PROGRAM
Signature Page
By the authorized signatures below the CITY OF SAN BUENAVENTURA agrees to the First Amendment and agrees to provide for equal cost sharing for the Outfall Monitoring Plan implementation through October 4, 2021 .
Signature D ala' August 6, 2018
Nea drews, Mayor
ATTEST
Antoinette M. Mann, MMC, CRM
City Clerk
APPROVED AS TO FORM
Gregory G. Diaz, City Attorney
By: Date
Mendoza
Assistant City Attorney
01148.0001/4'13428.1 Page 6 of9
214
AMENDMENT NO. I TO THE MEMORANDUIT'I OF AGREEMENT
AMONG
CITY OF FILLMORE, CITY OF OXNARD, CITY OF SANTA PAULA, CITY OF SAN
BUENAVENTURA, AND COUNTY OF VENTURA
TO PROVIDE EQUAL COST SHAR¡NG FOR SANTA CLARA RIVER BACTERIA
MONITORING AND REPORTING PROGRAM
Signature Page
By the authorized signatures below the GOUNTY OF VENTURA agrees to the First Amendment and agrees to provide for equal cost sharing for the Outfall Monitoring Plan implementation through October 4, 2021.
Ventura County Public Works Agency
l8
01148.0001/473428.r Page 7 of9
215
AMENDMENT NO. I TO THE MEMORANDUM OF AGREEMENT
AMONG
CITY OF FILLMORE, CITY OF OXNARD, CITY OF SANTA PAULA, CITY OF SAN
BUENAVENTURA, AND COUNTY OF VENTURA
TO PROVIDE EQUAL COST SHARING FOR SANTA CLARA RIVER BACTERIA
MONITORING AND REPORTING PROGRAM
Exh¡b¡t A-1
Cost Sharing Distribution Table
Outfall Monitoring Plan lmplementation Period:
Annual (July lstthrough June 30th)
Contact
Amunt
12-month outfall monitoring and reporting estimate
12-month optional cost for additional Los Angeles /Ventura County Line sampling location (optional)
Contingency (20%)
$
$
$
$
48,311.20
3,323.00
10,326.85
of Ventura 5olo Adminis{rative Fee
Partlcs
of Oxnard
of Santa Paula
of San Buenaventura
of Ventura
$
$
$
Contribution Amount
05 t0
13,011.82
13,01't.82
13,01',t.82
13,011.82
1.82 TOTAL $ ô5,059.10
01148.000U473428.1 Page I of9
216
AMENDMENT NO. I TO THE MEMORANDUM OF AGREEMENÏ
AMONG
CITY OF FILLMORE, CITY OF OXNARD, CITY OF SANTA PAULA, CITY OF SAN
BUENAVENTURA, AND COUNTY OF VENTURA
TO PROVIDE EQUAL COST SHARING FOR SANTA CLARA RIVER BACTERIA
MONITORING AND REPORTING PROGRAM
Exhibit A-2
Memorandum of Agreement Among Gity of Fillmore, City of Oxnard, Gity of Santa Paula, City of San Buenaventura, and County of Ventura
To Provide Equal Cost Sharing for Santa Clara River Bacteria Monitoring and Reporting Program
Effective October 5, 2016
01148.0001/473428.1 Page 9 of9
217
HETORANDUT OF AGREEHENT
ATONG
ctw oF FtLLtoRE, ctw oF oxt{ARD, ctw oF SANTA PAULA, Gtw oF sAN
BUENAVENTURA, AND COUNTY OF VENTURA (PARTIESI
TO PROVIDE EQUAL COST SHARING FOR SANTA GLARA RIVER BACTERIA TONITORING AND REPORTII{G PROGRAT
This Memorandum of Agreement (Agreement or MOA) is entered into effect on Qglgþgl!,2t!-Ê among the following entities: City of Fillmore, City of Oxnard, City of Santa Paula, City of San Buenaventura, and County of Ventura (collectively refened to as the nParties" and individually a 'Part!t').
RECITALS
WHEREAS, on July 10, 2010, under Resolution No. R10-006, the Los Angeles Regional Water Qualig Control Board (RWOCB) amended the Water Quali$ Control Plan forthe Los Angeles Region (Basin Plan) to incorporate a Total Maximum Daily Load (TMDL) for lndicator Bacteria in the Santa Clara River (SCR) Estuary and Reaches 3, 5, 6, and 7; WHEREAS, on October 4,2011, the State Water Resources Control Board approved the TMDL, which went into effect on March 21,2O12;
WHEREAS, the SCR Bacteria TMDL listed the cities of Santa Clarita, Fillmore, Santa Paula, and San Buenaventura and the Counties of Los Angeles and Ventura as r€sponsible parties for Municipal Separate Storm Sewer System (MS4) Waste Load Allocations (W-As). The Califomia Department of Transportation (Caltrans) has been also identified as responsible party. ln addition, MS4 Permittees that discharge to Reaches 1 and 2 have WLl{s based on allowable exceedance days for the Estuary. Cities and counties that have co-mingled stormwater in the MS4 are jointly and severally responsible for meeting the Wl,As assigned to MS4 discharges, unless the dischargers demonstrate that their discharges did not cause or contribute to the exceedances. Gonslstent with 40 C.F.R. $ 122.26(aX3Xvi), each co-permittee is only responsible for discharges from the MS¿ls for which it is an opcrator;
WHEREAS, the Parties are required to initiate receiving water monitoring on Oc'tober 11, 2016 in accordance with approved ln-Stream Compliance Monitoring Plan for Santa Clara River Estuary and Reach 3 Bacteria Total Maximum Daily Load (Final ln-Stream Compliance Monitoring Plan) dated May 10, 2016, or as amended; and
WHEREAS, sometime in the future, the RWQGB may require the Parties to initiate outfall water monitoring within 6 months after receÍpt of RWQCB comments on the "lndicator Bacteria Total Maximum Daily Load Draft lmplementation Plan for Lower Santa Clara RiverWatcrshed" submitted by the Parties to RWQCB on March 21,2015, or as amended; and WHEREAS, sometime in the future, the Caltrans may wish to join this MOA to collaboratively implement required Santa Clara River Bacteria Monitoring and Reporting Program. In such event, Caltrans will b€ subject to conditions of this MOA including cost share contributions adjusted as appropriate.
NOW THEREFORE, for valuable consideration, receipt forwhich is hereby acknowledged, the Parties agree as follorrc:
218
AGREETENT
1, The term of this Agreement shall begin on October 5, 2016 and end on October 4,2021
2. The Parties agree to actively support the monitoring and reporting efforts as required by the SCR Bacteria TMDL during the term of this Agreement by funding equal contributions of the total cost of the water monitoring described in the Final In-Stream Compliance Monitoring Plan, which is incorporated herein by this reference, shall not exceed a totalof $32,026.48 (thirty two thousand twenty six and forty eight cents) per year for the Santa Clara River Bacteria TMDL monitoring and reporting activities in accordance with proposed budget in Exhibit A, which is attached hereto and incorporated herein by this reference.
3. Each of the Parties agrees to submit payment within 90 calendar days of receipt of an invoice from the Lead Agency to fund its share of the SCR Bacteria TMDL water monitoring efforts.
4. County of Ventura shall act as the Lead Agency under this Agreement and do all of the following:
A. To award and administer a contract for consultant services to conduc't the SCR Bacteria TMDL water monitoring during the term of this Agreement. This contract shall require consultant to hold harmless, indemnify and defend all Parties, each Party individually, and each Party's officials, officers, employees and agents. The contract shallfurther require consultant to have at least: commercial general liability insurance, including contractual liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant; business automobile liability insurance In an amount not lees than $1,000,000 combined single limit for bodily injury and property damage for each claimant; workerc' compensation insurance as required by law; and employeds liability insurance in an amount not less than $1,000,000 per claimant.
B. To fumish the Parties a final accounting of the cost of the SCR Bacteria TMDL water monitoring, within one hundred twenty (120) calendar days afrer the completlon of the activities set forth for that year, provided however, the PartieE may grant in writing an extension of time to complete the final accounting.
C. To furnish monitoring data to the RWQGB and provide a copy to the Parties as set forth in the Final ln-Stream Gompliance Monitoring Plan.
D. During the term of this Agreement, to ac't as the Lead {gency for contract management and fiscal coordination in connection with the SCR BacÍeria TMDL monitoring.
5. Caltrans may join this Agreement by giving notice in the manner provided in Exhibit B, which is attached hereto and incorporated herein by this reference, to all Parties. Once Galtrans provides such notice, the joining date listed in the notice shall be the effective date of this amendment to the Agreement to include Caltrans; if such joining date is not listed, the effective date of this amendment to the Agreement to include Caltrans shall be thirty (30) calendar days after the date of notice. lf Caltrans joins this MOA, Caltrans agrees to pay the County of Ventura for the monitoring and reporting services not exceeding $5,337.75 (five thousand three hundred thirty seven dollars and seventy five cents) per year as shown in Exhibit A and based on the cost allocation formula and the total estimated 219
annual cost, attached hereto and made part of the Agreement by this reference. After Caltrans joins this MOA, the first cost share will be prorated to reflect the actual coet to be encumbered by the Parties with Caltrans participation, with a not to exceed Galtrans'cost share of $5,337.75 (five thousand three hundred thirty seven dollars and seventy five cents) per year. lf Caltrans joins this Agreement after the other Parties have already paid the Lead Agency based on the calculation without Caltrans, within ninety (90) calendar days of receipt of Caltrans's payment, the Lead Agency shall submit to each Party a payment for the difference between what that Party actually paid and what that Party owes once Caltrans is a party to the fig¡'eement. Caltrans funding encumbered under this Agreement is evidenced by the signature of its Distric't Budget Manager certifying as to funds in the maximum sum of and not exceeding $5,337.75 (five thousand three hundred thirty seven dollars and seventy f¡ve cents) per year for the SCR Bacúeria TMDL monitorlng and reporting related activities in accordance with proposed budget as shown at the bottom of Exhibit A and adjusted to include Caltrans in the future to represent Caltrans' share of the work costs, Any cost to be invoiced above this sum will require an amendment to this Agreement,
6. Each of the Parties agrêes to pay a five (5) percent administration fee to the Lead Agency for preparing and managing the contracts and budget for SCR Bacteria TMDL monitoring.
The administration fee will be calculated from the total consultant contract amount and equally cost shared among the Parties. ln any case, this administrative fee, when added to the costs of monitoring and reporting, shall not exceed each Party's contribution amount listed in Exhibit A.
7 . Any Party may withdraw from this Agreement for any reason or for no reason at all by giving the other Parties at least thirty (30) calendar days'written notice thereof. The withdrawing Party shall be responsible for its allocated costs up to the date of its withdrawal. The Lead Agency shall notify in writing RWQCB within fourteen (14) calendar days of receiving written notice from any Party that intends to withdraw from this Agreement. From the date of a Party's withdrawal or the date that the withdrawing Party pays all of its allocated costs, whichever is later, that Party shall no longer be bound by any term of this Agreement other than the indemnification and hold harmless provision. lf a Party elects to withdrawfrom cost sharing of SCR Bacteria TMDL monitoring and reporting services before the end of the term of the Agreement, ¡t is agreed that the remaining cost share will be distributed among other Parties based on the existing cost allocation formula. Each Pafi maximum liability forthe MOA defined monitoring and reporting costs shall be limited to the amount reflected in Exhibit A, and incuned by the County up to the date of termination.
8. Each Party shall assume the defense of, indemniff and hold harmless the other Parties and each of their officials, officers, employees and agents from and against any and all actions, damages, liability or claims for death, injury, loss, damage or expense to persons or property to the extent arising from or related to the negligent or willful acts or omissions of the indemnifying and defending Party in connection with SGR Bacteria monitoring and reporting activities, except to the extent such ac{ions, damages, liabilities or claims have arisen from or relate to the negligent or willful asts or omissions of any indemnified Party or Parties, as determined by agreement of all Parties or by judgment by a court of competent jurisdiction. No party shall request a jury apportionment.
9. lf Galtrans joins this Agreement, all obligations of Caltrans under the terms of this Agreement are subject to the appropriation of the resources by the Legislature and the allocation of resources by the California Transportation Commission. This Agreement has 220
been written before agcertaining the availability of federal or State legislative appropriation of funds, for the mutual benefit of the Parties in order to avoid program and fiscal delays that would occur if the Agreement was executed afrer that determination was made. lf Caltrans joins the Agreement, it is valid and enforceable as to Caltrans as if sufficient funds have been made available to Caltrans by the United States Govemment or Califomia State Legislature for the purposes set forth in this Agreement. lf Caltrans joins thc Agrcement and later learns that the United States Govemment or the Califomia State Legislature does not appropriate sufficient funds for Caltrans to participate in this Agreement, CaÌtrans has the option to withdraw from this Agreement by giving notice ln the manner provided in Exhibit C, which is attached hereto and incorporated herein by this reference, to all Parties.
Should Caltrans exercise its option to withdraw from this Agreement, Caltrans shall remain responsible for its share of liability, if any, incuned while participating in this Agreement, and the indemnification and hold harmless provision in the Agreement. Once the Parties receive written notice from Caltrans that it has opted to withdraw from this Agreement, the written withdrawal date in the notice, or if such withdrawal date is not listed, thirty (30) calendar days after the date of notice, this Agreement shall arfomatically revert to the language of the Agreement before Caltrans joined<lthough all amendment language adopted after Caltrans joined the Agreement that does not specifically relate to Galtrans joining the Agreement shall remain valid-r¡vithout any further action by the Parties.
10. lf Caltrans joins the Agreement, any Party intending to enter onto a Caltrans right of way to effectuate the terms of this Agreement shall firct make a written request to Caltrans, identifying the site location, extent of access by persons (and equipment, if any), dates and times of entry, as well as an explanation of the purpose of that entry. Caltrans shall thereafter determine, within ten (10) working days, if that entry will be allowed without a formal Encroachment Permit issued by the Distriot Permit Engineer as an authorized prêsance of non-Caltrans parties not interfering with or threatenlng the safety of the traveling public or the integrþ of the Caltrans infrastructure. ln such case, Caltrans shall condition that right of entry on the accompaniment of a Galtrans representative who shall be empowered to restrict or limit the access of those pemittees, as deemed necessary, at the sole discretion of Caltrans. Where adverse impacts to traffic or the traveled way can be anticipated by Caltrans, Caltrans may require the requesting Party to submit a fonnal Encroachment Permit application, to be filed and completed together with Traffic Control Plans when necessary (which must be prepared by or under the supervision of a trafüc engineer licensed in the State of California) with the District Permit Engineer. An Encroachment Permit may require as much as six (6) weeks to be issued depending upon the extent of coordination and development of traffic controls required for that access.
Caltrans will endeavor, in good faith, to satisfy all requests for access as promptly as possible.
11. Monitoring data collected will remain in drafr form until finalized and submiüed to the RWQCB. Prior to such disclosure, no Party may share the monitoring data generated from the Program with members of the public without first notifying the Lead Agency, unlesE Eo required by law or court order.
12. Waiver by a Party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performanoe under this Agreement. ln no event shall the making by any Party of any payment constitute or be construed as a waiver by that Party of any breach of covenant or any default that may then exiet on the part of any other Pafi, and the making of any such payment by a Party shall 221
in no way impair or prejudice any right or remedy available to that Party or any other Party with regard to such breach or default.
13. This Agreement, including any other documents incorporated herein by specific reference, constitutes the entire and integrated agreement of the Parties regarding the subject matter described herein. This Agreement supercedes all prior oral or written communications, negotiations, representations, agreements and promises. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by all Parties which expressly refers to this Agreement.
14. No Pafi shall assign ortransfer any interest in this Agreement or any part the¡cof, whether by assignment or novation, without every other Party's priorwritten consent. Any purported assignment without written consent shall be null, vold, and of no effec't.
15. The vatidity, interpretation, and performance of this Agrecment shall be controlled by and construed under the laws of the State of Califomia, excluding Califomia's choice of law rules, Venue for any such action relating to the Agreement shall be in the Ventura Coun$ Superior Court.
16. Any person executing this Agreement on behalf of a Party warrants and represents that he or shc has the authority to execute this Agreement on behalf of that Party and has the authority to bind that Party to the performance of its obligations hereunder.
17. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an origlnal and all of which, when taken together, shall be deemed to bs one and the same agreement. A signed copy of this Agreement transmitted by email or other meens of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes.
18. Any notice pursuant to this Agreement shall be made by certified mail or registered letter, retum receipt requested, or by ovemight courier to all Parties at the following addresses:
To the Lcad Agcnoy
- Ewelina Mutkowska
Gounty of Ventura
800 S Victoria Avenuc
Ventura, Califomia 93009-1 61 0
Phone: (805) 645-1382
To the City of Sant¡ Paula
-
Brian Yanez
City of Santa Paula
PO Box 569
Santa Paula, CA 93061-0569
Phone (805) 9334212
To thc Clty of Oxnrrd
- Daniel Rydberg
City of Oxnard
305 West Third Street
Oxnard, CA 93030
To the Glty of FillmorcCity Manager & City Engineer
City of Flllmore
250 GentralAvenue
Fillmore, CA 93015
Phone: (E05) 524-1500x. 114
To thc Clty of S¡n Buen¡vcntu¡¡
-
Joe Yahner
CITY OF SAN BUENAVENTURA
PO Box 99
Ventura, CA 93002-0099
Phone: (E05) 652-4558
To Grllfomir DcpeÉment of
Trenrportrtlon (if clcctr to join in thc
futurr)
District 07
Desþn Division, Storm Water Unit
222
Phone: (805) 38S'8280 Alberto A. Angelini
100 South Main Street, Suite 100, MS 13
Los Angclcs, Ca 90012
223
TETORANDUT OF AGREETENT
ATONG
CITY OF FILLTORE, GITY OF OXNARD, CITY OF SANTA PAULA, CITY OF gAN
BUENAVENTURA, AND COUNTY OF VENTURA (PARTIES)
TO PROVIDE EQUAL COST SHARING FOR SANTA CLARA RIVER BACTERIA
TONITORING AND REPORTING PROGRAT
Slgnrturc Pego
Bytheauthorizedsignaturesbelowthe@agree8totheAgreementand agrees to provide for equal cost sharing for the next five years of the required SCR Bac{eria TMDL monitoring and reporting.
Signature:
Ag
224
MEMORANDUII¡I OF AGREEMENT
AMONG
ctTY oF FILLMORE, CITY OF OXNARD, CITY OF SANTA PAULA, ClrY OF sAN
BUENAVENTURA, AND GOUNTY OF VENTURA (PARTIES)
TO PROVIDE EQUAL GOST SHARING FOR SANTA CLARA RIVER EACTERIA MONITORING AND REPORTING PROGRA]II
Signature Page
Bytheauthorizedslgnaturesbelowthe@agreestotheAgreementand egrees to provideforequaloost sharing forthe noxtfive yoars of the reguired SGR Bac'teria TMDL monitoring and reporting.
Signature:
L. Interim Pi¡blic Works
Engineer
LUCY BLANCO, City Clerk
Mayor
//////T
.l -- L/
JOHN C/COTTI, City Attorney
ô
r
.Å
(\
v
-i
225
MEMORANDUM OF AGREEMENT
AMONG
ctTY oF F|LLMORE, C|TY OF OXNARD, CtrY OF SANTA PAULA, ClrY OF SAN
BUENAVENTURA, AND COUNTY OF VENTURA (PARTIES)
TO PROVIDE EQUAL COST SHARING FOR SANTA GLARA RIVER BACTERIA
MONITORING AND REPORTING PROGRAM
Slgnature Page
Bythe authorized signatures belowtheÇIüQff!ÆEagreestotheAgreementand agrees to provide for equal cost sharing for the next five years of the required SCR Bacteria TMDL monitoring and reporting.
Signature:
q )7
Diane McCall, Mayor
ATTESÏ:
(
mpeartrice,
54 226
TETORANDUT OF AGREENENT
ATONG
CITY OF FILLTORE, CITY OF OXHARD, CITY OF SANTA PAULA, CITY OF SAN
BUENAVENTURA, AND COUNTY OF VENTURA (PARTIES)
TO PROVIDE EQUAL COST SHARING FOR SANTA CLARA RIVER BACTERIA
TONITORING AND REPORTING PROGRAT
Slgnature Pegc
Bytheauthorizedsignaturesbelowthe@agreestotheAgreementand egrees to provide for equal cost sharing for the next five years of the required SCR Bacteria TMDL monitoring and reporting,
l/W"
Tim Flynn, Mayor
ATTEST:
Martinez.
APPROVED AS TO FORM
Attorney
APPROVED AS TO INSURANCE:
Risk
APPROVED AS TO CONTENT:
r, UtDaniel Rydberg,
Page l0 of 15
227
TUIEMORANDU III OF AGREETIENT
AIUIONG
ctTY oF F|LLIUORE, CITY OF OXNARD, CITY OF SANTA PAULA CITY OF SAN tsUENAVENTURA, AND COUNTY OF VENTURA (PARTIES)
TO PROVIDE EQUAL COST SHARING FOR SANTA CLARA RIVER BACTERIA
MOMTORING AND REPORTING PROGRAM
Signature Page
By the authorized signatures below the CITY'OF SAN BUENAVENTURA agrees to the Agreement and agrees to provide for equal cost sharing for the next five years of the required SGR Bacteria TMDL monitoring and reporting.
Signature .^¡*rL- Þ- Lut L
Erik Nasarenko, Mayor
ATTEST:
Antoinette M. Mann, Ci$ Glerk
APPROVED AS TO FORM
Gregory G. Diaz, City Attorney
M Mendoza
Assistant City Attorney
By:
228
Exhibit A
Cost Sharing Distribution Table
Monitodng and Reporting Period:
October 11,2016 - October 10,2017
Gontræt
Amount
12-month Monitoring and Reporting estimate
Contingency (20o/o)
County of Ventura 57o Administrative Fee
J26117.U
s,5,083.57
$ 1.52s.07
TOTAL 3 32.020J8
tOA Prrtlel
County of Ventura
CITY of San Bueneventura
City of Fillmore
Gity of Santa Paula
Amount
$ 6,405.30
$ 6,405.30
$ 6,405.30
$ 6,405.30
of Oxnard
Tobl
Future Adjusted Cost Sharing Dlstribution Table (if Caltrans Joins Agreement) Monitoring and Reporting Period
To Be Determined
Gontnct
Amount
12-month Monitodng and Reporting estlmate
Gontingency (20o/o)
County of Ventura 5olo Administrative Fee
s 25,a17.84
$ 5,083.57
$ 1.525.07
TOTAL t 32.02t.,t8
tOA Prrtlcl
County of Ventura
CITY of San Buenavontura
City of Fillmore
Gity of Santa Paula
Cl$ of Oxnard
Caltrans
Amount
$ 5,337.75
$ 5,337.75
$ 5,337.75
$ 5,337.75
$ 5,337.75
Totrl t
229
Exhibit B
Notice to All Partieo of G¡ltrrn¡' Election to Join the Agrccment Date of Notice:
Pursuant to Section 5 of the agreement titled 'Memorandum of Agreement among City of Fillmore, City of Oxnard, City of Santa Paula, CITY OF SAN BUENAVENTURA, and County of Ventura (Parties) to Provide Equal Cost Sharing for Santa Clara River Bacteria Monitoring and Reporting Program,'entered into effect on Oqtober 5. 2016 (Aoreement). which is incoroorated herein bY applv to Caltrans and the term úParties" used thercin shall include Caltrans.
The date wherebv Galtrans shalljoin the Aoreement. which in anv case shall be at least fifreen (15ì calendar davs after the date of notice listed above. is:
To effectuate this election, Caltrans shall provide this Notice to all other parties to the Agreement in the manner required by Section 18 of the Agreement.
By Date:
District Director
APPROVED AS TO FORM AND PROCEDURE:
Attorney
CERTIFIED AS TO FUNDS:
District Budget Manager
CERTIFIED AS TO FINANCIAL TERMS AND CONDITIONS:
By
By
By
Accou nting Administrator
230
Exhibit C
Notlce to All P¡rüc¡ of Grltr¡nr' Ebction to Withdr¡w from tlrc Agnccmcnt Date of Notice:
Pursuant to Section f of the agreement titled 'Memorandum of Agreement among City of Fillmore, Gity of Oxnard, City of Santa Paula, CITY OF SAN BUENAVENTURA, and County of Ventura (Parties) to Provide Equal Cost Sharing for Santa Clara River Bacteria Monitoring and Rcporting Program," entered into efrect on
remain responsible for its
To cfþctuatc this electlon, Caltrans shall providc this Notice to all other parties to thc Agreement in thc mannêr required by Section 18 of the Agreement.
By Date:
District Director
APPROVED AS TO FORM AND PROCEDURE:
By
Attorney
CERTIFIED AS TO FUNDS:
By
Distrist Budget Manager
CERT¡FIED AS TO FINANCIAL TERMS AND CONDITIONS:
Accounting Administrator
By
231
01148.0001/720528.1 TJI Page 1 of 9
AMENDMENT NO. 2 TO THE MEMORANDUM OF AGREEMENT
AMONG
CITY OF FILLMORE, CITY OF OXNARD, CITY OF SANTA PAULA, CITY OF SAN
BUENAVENTURA, COUNTY OF VENTURA, AND VENTURA COUNTY
WATERSHED PROTECTION DISTRICT
TO PROVIDE EQUAL COST SHARING FOR SANTA CLARA RIVER BACTERIA
MONITORING AND REPORTING PROGRAM
This Amendment No. 2 (“Second Amendment”) to the Memorandum of Agreement to Provide Equal Cost Sharing for Santa Clara River Bacteria Monitoring and Reporting Program (“Agreement”) is entered into effective October 4, 2021, among the following entities: City of Fillmore, City of Oxnard, City of Santa Paula, City of San Buenaventura, County of Ventura, and Ventura County Watershed Protection District (collectively referred to as the “Parties” and individually as “Party”).
RECITALS
WHEREAS, the Agreement, attached hereto and incorporated herein by reference, was executed for cost sharing of required receiving water monitoring and reporting activities in accordance with the approved “Final In-Stream Compliance Monitoring Plan for Santa Clara River Estuary and Reach 3 Bacteria Total Maximum Daily Load,” dated May 10, 2016, or as amended; and
WHEREAS, on December 26, 2017, the Los Angeles Regional Water Quality Control Board (RWQCB) approved the “Indicator Bacteria Total Maximum Daily Load Draft Implementation Plan for the Lower Santa Clara River Watershed,” dated March 21, 2015, including Appendix A, “Outfall Monitoring Plan,” which implementation was extended to begin on September 17, 2018; and
WHEREAS, the First Amendment to the Agreement, attached hereto and incorporated herein by reference, was executed for cost sharing of required municipal stormwater outfall monitoring in accordance with the approved Outfall Monitoring Plan for Santa Clara River Bacteria TMDL; and
WHEREAS, the Agreement is currently set to expire on October 4, 2021; and WHEREAS, the Parties desire to continue their support for the Santa Clara River Bacteria TMDL Monitoring and Reporting Program by extending the term of the Agreement for an additional 18 months, through March 21, 2023; and
WHEREAS, the Parties desire to add Ventura County Watershed Protection District as a Party to the Agreement, as amended.
NOW, THEREFORE, in consideration of these recitals and other consideration set forth below, it is mutually agreed by the Parties that:
232
01148.0001/720528.1 TJI Page 2 of 9
1. Ventura County Watershed Protection District (“District”) is hereby added as a party to the Agreement, as amended, and shall equally cost share the Santa Clara River Bacteria TMDL Monitoring and Reporting Program with the other Parties for the period commencing on October 4, 2021, and ending on March 21, 2023. Except as otherwise provided herein, wherever “Parties” or “Party” appears in the Agreement, as amended, such term shall include the District.
2. The term of the Agreement, in Section 1, is extended for 18 months, ending on March 21, 2023.
3. A new Section 3.1 of the Agreement is added to the Agreement, to read as follows:
Each of the Parties agrees to submit payments of not to exceed $13,895.00 (thirteen thousand eight hundred and ninety five dollars) in Fiscal Year 2021-22 and not to exceed $13,895.00 (thirteen thousand eight hundred and ninety five dollars) in Fiscal Year 2022-23 within 90 calendar days of receipt of the invoice from the Lead Agency to fund in-stream and outfall monitoring and reporting efforts in accordance with the “Final In-Stream Compliance Monitoring Plan for Santa Clara River Estuary and Reach 3 Bacteria Total Maximum Daily Load,” dated May 10, 2016; and “Outfall Monitoring Plan” in Appendix A of “Indicator Bacteria Total Maximum Daily Load Draft Implementation Plan for the Lower Santa Clara River Watershed,” dated March 21, 2015, during the period commencing on October 4, 2021, and ending on March 21, 2023.”
4. Section 18 of the Agreement is revised to include the following:
To Ventura County Watershed Protection District -
Arne Anselm
Ventura County Public Works Agency – Watershed Protection 800 S. Victoria Avenue
Ventura, California, 93009-1610
Phone: (805) 654-3942
5. Except as specifically provided herein, all provisions of the Agreement shall remain in full force and effect.
233
01148.0001/720528.1 TJI Page 3 of 9
AMENDMENT NO. 2 TO THE MEMORANDUM OF AGREEMENT
AMONG
CITY OF FILLMORE, CITY OF OXNARD, CITY OF SANTA PAULA, CITY OF SAN
BUENAVENTURA, COUNTY OF VENTURA, AND VENTURA COUNTY
WATERSHED PROTECTION DISTRICT
TO PROVIDE EQUAL COST SHARING FOR SANTA CLARA RIVER BACTERIA
MONITORING AND REPORTING PROGRAM
Signature Page
By the authorized signature(s) below the CITY OF FILLMORE agrees to the Second Amendment and agrees to provide for equal cost sharing for the Santa Clara River Monitoring and Reporting Program implementation through March 21, 2023.
City of Fillmore
ATTEST:
___________________________________
Date
234
235
01148.0001/720528.1 TJI Page 5 of 9
AMENDMENT NO. 2 TO THE MEMORANDUM OF AGREEMENT
AMONG
CITY OF FILLMORE, CITY OF OXNARD, CITY OF SANTA PAULA, CITY OF SAN
BUENAVENTURA, COUNTY OF VENTURA, AND VENTURA COUNTY
WATERSHED PROTECTION DISTRICT
TO PROVIDE EQUAL COST SHARING FOR SANTA CLARA RIVER BACTERIA
MONITORING AND REPORTING PROGRAM
Signature Page
By the authorized signature(s) below the CITY OF SANTA PAULA agrees to the Second Amendment and agrees to provide for equal cost sharing for the Santa Clara River Monitoring and Reporting Program implementation through March 21, 2023.
City of Santa Paula
Date
236
01148.0001/720528.1 TJI Page 6 of 9
AMENDMENT NO. 2 TO THE MEMORANDUM OF AGREEMENT
AMONG
CITY OF FILLMORE, CITY OF OXNARD, CITY OF SANTA PAULA, CITY OF SAN
BUENAVENTURA, COUNTY OF VENTURA, AND VENTURA COUNTY
WATERSHED PROTECTION DISTRICT
TO PROVIDE EQUAL COST SHARING FOR SANTA CLARA RIVER BACTERIA
MONITORING AND REPORTING PROGRAM
Signature Page
By the authorized signature(s) below the CITY OF SAN BUENAVENTURA agrees to the Second Amendment and agrees to provide for equal cost sharing for the Santa Clara River Monitoring and Reporting Program implementation through March 21, 2023.
Signature: _______________________________ Date:___________________ Sofia Rubalcava, Mayor
ATTEST:
________________________________
Antoinette M. Mann, MMC, CRM
City Clerk
APPROVED AS TO FORM
Gregory G. Diaz, City Attorney
By: _________________________________ Date:___________________ Miles P. Hogan
Assistant City Attorney II
237
01148.0001/720528.1 TJI Page 7 of 9
AMENDMENT NO. 2 TO THE MEMORANDUM OF AGREEMENT
AMONG
CITY OF FILLMORE, CITY OF OXNARD, CITY OF SANTA PAULA, CITY OF SAN
BUENAVENTURA, COUNTY OF VENTURA, AND VENTURA COUNTY
WATERSHED PROTECTION DISTRICT
TO PROVIDE EQUAL COST SHARING FOR SANTA CLARA RIVER BACTERIA
MONITORING AND REPORTING PROGRAM
Signature Page
By the authorized signature(s) below the COUNTY OF VENTURA agrees to the Second Amendment and agrees to provide for equal cost sharing for the Santa Clara River Monitoring and Reporting Program implementation through March 21, 2023.
Ventura County Public Works Agency
Jeff Pratt, Director
Date
238
01148.0001/720528.1 TJI Page 8 of 9
AMENDMENT NO. 2 TO THE MEMORANDUM OF AGREEMENT
AMONG
CITY OF FILLMORE, CITY OF OXNARD, CITY OF SANTA PAULA, CITY OF SAN
BUENAVENTURA, COUNTY OF VENTURA, AND VENTURA COUNTY
WATERSHED PROTECTION DISTRICT
TO PROVIDE EQUAL COST SHARING FOR SANTA CLARA RIVER BACTERIA
MONITORING AND REPORTING PROGRAM
Signature Page
By the authorized signature(s) below the VENTURA COUNTY WATERSHED PROTECTION DISTRICT agrees to the Second Amendment and agrees to provide for equal cost sharing for the Santa Clara River Monitoring and Reporting Program implementation through March 21, 2023.
Ventura County Watershed Protection District
Glenn Shephard, Director
Date
239
01148.0001/720528.1 TJI Page 9 of 9
AMENDMENT NO. 2 TO THE MEMORANDUM OF AGREEMENT
AMONG
CITY OF FILLMORE, CITY OF OXNARD, CITY OF SANTA PAULA, CITY OF SAN
BUENAVENTURA, COUNTY OF VENTURA, AND VENTURA COUNTY
WATERSHED PROTECTION DISTRICT
TO PROVIDE EQUAL COST SHARING FOR SANTA CLARA RIVER BACTERIA
MONITORING AND REPORTING PROGRAM
Exhibit A-1
Cost Sharing Distribution Table
(October 4, 2021 through March 21, 2023)
Second Amendment Cost Items Amount
18‐month Monitoring and Reporting estimate $158,800.00
County of Ventura 5% Administrative Fee $7,940.00
TOTAL $166,740.00
Second Amendment Parties Total Contribution
Amount
FY
2021‐22
FY
2022‐23
County of Ventura $27,790.00 $13,895.00 $13,895.00
Ventura County Watershed
Protection District $27,790.00 $13,895.00 $13,895.00
City of San Buenaventura $27,790.00 $13,895.00 $13,895.00 City of Fillmore $27,790.00 $13,895.00 $13,895.00
City of Santa Paula $27,790.00 $13,895.00 $13,895.00
City of Oxnard $27,790.00 $13,895.00 $13,895.00
Total $166,740.00 $83,370.00 $83,370.00
240
01148.0001/720528.1 TJI Page A-2-1
AMENDMENT NO. 2 TO THE MEMORANDUM OF AGREEMENT
AMONG
CITY OF FILLMORE, CITY OF OXNARD, CITY OF SANTA PAULA, CITY OF SAN
BUENAVENTURA, COUNTY OF VENTURA, AND VENTURA COUNTY
WATERSHED PROTECTION DISTRICT
TO PROVIDE EQUAL COST SHARING FOR SANTA CLARA RIVER BACTERIA
MONITORING AND REPORTING PROGRAM
Exhibit A-2
Memorandum of Agreement Among City of Fillmore, City of Oxnard, City of Santa Paula, City of San Buenaventura, and County of Ventura
To Provide Equal Cost Sharing for Santa Clara River Bacteria Monitoring and Reporting Program
Effective October 5, 2016
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
01148.0001/720528.1 TJI Page A-3-1
AMENDMENT NO. 2 TO THE MEMORANDUM OF AGREEMENT
AMONG
CITY OF FILLMORE, CITY OF OXNARD, CITY OF SANTA PAULA, CITY OF SAN
BUENAVENTURA, COUNTY OF VENTURA, AND VENTURA COUNTY
WATERSHED PROTECTION DISTRICT
TO PROVIDE EQUAL COST SHARING FOR SANTA CLARA RIVER BACTERIA
MONITORING AND REPORTING PROGRAM
Exhibit A-3
Amendment No. 1 to Memorandum of Agreement Among City of Fillmore, City of Oxnard, City of Santa Paula, City of San Buenaventura, and County of Ventura To Provide Equal Cost Sharing for Santa Clara River Bacteria Monitoring and Reporting Program
Effective September 14, 2018
256
Agreernent No, A-7917
Iúq
Agreement No. 20f6-055.1
August 6, 2018
AMENDMENT No. 1 To THE MEMoR,ANDUM oF AGREEMENT
AMONG
CITY OF FILLMORE, GITY OF OXNARD, CITY OF SANTA PAULA, CITY OF SAN
BUENAVENTURA, AND COUNTY OF VENTURA
TO PROVIDE EQUAL COST SHARING FOR SANTA CLARA RIVER BACTERIA
MONITORING AND REPORTING PROGR,AM
This Amendment No. 1 to the Memorandum of Agreement ("First Amendment") to Provide Equal Cost Sharing for Sant4 Clara River Bacteria Monitoring and Reporting Program (Agreement) is entered into effective September 14. 2018. among the following entities: City of Fillmore, City of Oxnard, City of Sunta paula, City oi San Buenaventura, and County of Ventura (collectively referred to as the "Parties" and individually as "Party")' REC¡TALS
WHEREAS, the Agreement, attached hereto and incorporated herein by reference' was executed for cost sharing of required receiving water monitoring and reporting activities in accordance with the approved "Final ln-Stream Compliance Monitoring Plan for Santa Clara River Estuary and Reach 3 Bacteria Total Maximum Daily Load," dated May 10, 2016, or as amended; and
WHEREAS, on December 26, 2017, the Los Angeles Regional Water Quality Control Board (RWOCB) approved "lndicator Bacteria Total Maximum Daily Load Draft lmplementation plan for the Lower Santa Clara River Watershed," dated March 21, 2015, including Appendix A, ,,Outfall Monitoring Plan," which implementation was extended to begin on September 17,2018' WHEREAS, the Parties desire to amend the Agreement (Exhibit A-2) to include equal cost sharing for implementation of Outfall Monitoring Plan'
THEREFORE, in consideration of these recitals and other consideration set forth below, it is mutually agreed that:
1. A new Section 2.5 is added to the Agreement to read, in its entirety, as follows:
,,The parties agree to actively support the efforts of the outfall monitoring and reporting activities for the Lower Santa Clara River Watershed indicator Bacteria Total Maximum Daily Load during the term of the Agreement by funding equat contributions of the total cost for the implementation of the Outfall Monitoring Plan, the total cost of which shall not exceed $65,059.10 (sixty-five thousand fifty-nine dollars and ten cents) per year for the outfall monitoring and reporting activities in accordance with the proposed budget in Exhibit A-1, attached hereto and incorporated herein bY reference"'
Z. Section 3 of the Agreement is replaced in its entirety, to read as follows:
01148.00011473428.1
Page I of9
257
"Each of the Parties agrees to submit annual payment of not to exceed $13,011.82 (thirteen thousand eleven dollars and eighty two cents) within 90 calendar days of receipt of the invoice from the Lead Agency to fund outfall monitoring and reporting efforts during the term. ln the event the total costs exceed the amount estimated in ExhibitA, the Parties agree to further amend this Agreement to increase the annual contributions or take such other steps as are necessary to ensure that the Parties are equally sharing in the total cost of the outfall monitoring and reporting efforts.
3. Section 4 of the Agreement is revised to add the following provisions to the County of Ventura's Lead Agency responsibilities:
"8. To award contracts for consultant services to implement the Outfall Monitoring Plan, to execute and administer the contracts, and to act on behalf of the Parties in all matters pertaining to the Agreement and this First Amendment.
F. To furnish the Parties a final accounting of the cost of the Outfall Monitoring Plan implementation, within one hundred twenty (120) calendar days after the completion of the activities set forth for that year, provided however, that the Parties may grant an extension of time to complete the final accounting upon agreement of the Parties.
G. To furnish monitoring data to the RWQCB and provide a copyto the Parties as set forth in the Outfall Monitoring Plan."
4. Except as specifically provided herein, all other provisions of the Agreement shall remain in full force and effect.
01148.0001t473428.1 Page2 of9
258
AMENDMENT NO. 1 TO THE MEMORANDUM OF AGREEMENT
AMONG
CITY OF FILLMORE, CITY OF OXNARD, CITY OF SANTA PAULA, CITY OF SAN
BUENAVENTURA, AND COUNTY OF VENTURA
TO PROVIDE EQUAL COST SHARING FOR SANTA CLARA RIVER BACTERIA
MONITORING AND REPORTING PROGRAM
Signature Page
By the authorized signatures below the GITY OF FILLMO-BE_ agrees to the First Amendment and agrees to provide for equal cost sharing for the Outfall Monitoring Plan implementation through October 4,2021.
City of Fillmore
( 1t¿/tr
Date
45 0t t48.000t/473428 I Page 3 of9
259
AMENDMENT NO. I TO THE MEMORANDUM OF AGREEMENT
AMONG
CITY OF FILLMORE, CITY OF OXNARD, CITY OF SANTA PAULA, CITY OF SAN
BUENAVENTURA, AND COUNTY OF VENTURA
TO PROVIDE EQUAL COST SHARING FOR SANTA CLARA RIVER BACTERIA
MONITORING AND REPORTING PROGRAM
Signature Page
By the authorized signatures below the Q[f[.'1Q$MBD agrees to the First Amendment and agrees to provide for equal cost sharing for the Outfall Monitoring Plan implementation through October 4,2021.
Gity of Oxnard
¿\fu rolz,.ltß
Lisa Boerner_, Purchásing Manager
APPROVED AS TO FORM:
%;' í ^(; .>
Date
sHpnelr¡#Èér, City Attorney Date
0t 148.0001/473428.1 Page 4 of9
260
AMENDMENT NO. I TO THE MEMORANDUM OF AGREEMENT
AMONG
CITY OF FILLMORE, GITY OF OXNARD, CITY OF SANTA PAULA, CITY OF SAN
BUENAVENTURA, AND COUNTY OF VENTURA
TO PROVIDE EQUAL COST SHARING FOR SANTA CLARA RIVER BACTERIA MONITOR¡NG AND REPORTING PROGRAM
Signature Page
Bytheauthorizedsignaturesbelowthe@agreestotheFirstAmendment and agrees to províde for equal cost sharing for the Outfall Monitoring Plan implementation through October 4, 2021.
City of Santa Paula
?- 7ty
Date Michael K. Rock, City Manager
01148.00011473428.1 Page 5 of9
261
AMENDMENT NO. 1 TO THE MEMORANDUM OF AGREEMENT
AMONG
CITY OF FILLMORE, CITY OF OXNARD, CITY OF SANTA PAULA, CITY OF SAN
BUENAVENTURA, AND COUNTY OF VENTURA
TO PROVIDE EQUAL COST SHARING FOR SANTA CLAR,A RIVER BACTERIA
MONITORING AND REPORTING PROGRAM
Signature Page
By the authorized signatures below the CITY OF SAN BUENAVENTURA agrees to the First Amendment and agrees to provide for equal cost sharing for the Outfall Monitoring Plan implementation through October 4, 2021 .
Signature D ala' August 6, 2018
Nea drews, Mayor
ATTEST
Antoinette M. Mann, MMC, CRM
City Clerk
APPROVED AS TO FORM
Gregory G. Diaz, City Attorney
By: Date
Mendoza
Assistant City Attorney
01148.0001/4'13428.1 Page 6 of9
262
AMENDMENT NO. I TO THE MEMORANDUIT'I OF AGREEMENT
AMONG
CITY OF FILLMORE, CITY OF OXNARD, CITY OF SANTA PAULA, CITY OF SAN
BUENAVENTURA, AND COUNTY OF VENTURA
TO PROVIDE EQUAL COST SHAR¡NG FOR SANTA CLARA RIVER BACTERIA
MONITORING AND REPORTING PROGRAM
Signature Page
By the authorized signatures below the GOUNTY OF VENTURA agrees to the First Amendment and agrees to provide for equal cost sharing for the Outfall Monitoring Plan implementation through October 4, 2021.
Ventura County Public Works Agency
l8
01148.0001/473428.r Page 7 of9
263
AMENDMENT NO. I TO THE MEMORANDUM OF AGREEMENT
AMONG
CITY OF FILLMORE, CITY OF OXNARD, CITY OF SANTA PAULA, CITY OF SAN
BUENAVENTURA, AND COUNTY OF VENTURA
TO PROVIDE EQUAL COST SHARING FOR SANTA CLARA RIVER BACTERIA
MONITORING AND REPORTING PROGRAM
Exh¡b¡t A-1
Cost Sharing Distribution Table
Outfall Monitoring Plan lmplementation Period:
Annual (July lstthrough June 30th)
Contact
Amunt
12-month outfall monitoring and reporting estimate
12-month optional cost for additional Los Angeles /Ventura County Line sampling location (optional)
Contingency (20%)
$
$
$
$
48,311.20
3,323.00
10,326.85
of Ventura 5olo Adminis{rative Fee
Partlcs
of Oxnard
of Santa Paula
of San Buenaventura
of Ventura
$
$
$
Contribution Amount
05 t0
13,011.82
13,01't.82
13,01',t.82
13,011.82
1.82 TOTAL $ ô5,059.10
01148.000U473428.1 Page I of9
264
AMENDMENT NO. I TO THE MEMORANDUM OF AGREEMENÏ
AMONG
CITY OF FILLMORE, CITY OF OXNARD, CITY OF SANTA PAULA, CITY OF SAN
BUENAVENTURA, AND COUNTY OF VENTURA
TO PROVIDE EQUAL COST SHARING FOR SANTA CLARA RIVER BACTERIA
MONITORING AND REPORTING PROGRAM
Exhibit A-2
Memorandum of Agreement Among Gity of Fillmore, City of Oxnard, Gity of Santa Paula, City of San Buenaventura, and County of Ventura
To Provide Equal Cost Sharing for Santa Clara River Bacteria Monitoring and Reporting Program
Effective October 5, 2016
01148.0001/473428.1 Page 9 of9
265
HETORANDUT OF AGREEHENT
ATONG
ctw oF FtLLtoRE, ctw oF oxt{ARD, ctw oF SANTA PAULA, Gtw oF sAN
BUENAVENTURA, AND COUNTY OF VENTURA (PARTIESI
TO PROVIDE EQUAL COST SHARING FOR SANTA GLARA RIVER BACTERIA TONITORING AND REPORTII{G PROGRAT
This Memorandum of Agreement (Agreement or MOA) is entered into effect on Qglgþgl!,2t!-Ê among the following entities: City of Fillmore, City of Oxnard, City of Santa Paula, City of San Buenaventura, and County of Ventura (collectively refened to as the nParties" and individually a 'Part!t').
RECITALS
WHEREAS, on July 10, 2010, under Resolution No. R10-006, the Los Angeles Regional Water Qualig Control Board (RWOCB) amended the Water Quali$ Control Plan forthe Los Angeles Region (Basin Plan) to incorporate a Total Maximum Daily Load (TMDL) for lndicator Bacteria in the Santa Clara River (SCR) Estuary and Reaches 3, 5, 6, and 7; WHEREAS, on October 4,2011, the State Water Resources Control Board approved the TMDL, which went into effect on March 21,2O12;
WHEREAS, the SCR Bacteria TMDL listed the cities of Santa Clarita, Fillmore, Santa Paula, and San Buenaventura and the Counties of Los Angeles and Ventura as r€sponsible parties for Municipal Separate Storm Sewer System (MS4) Waste Load Allocations (W-As). The Califomia Department of Transportation (Caltrans) has been also identified as responsible party. ln addition, MS4 Permittees that discharge to Reaches 1 and 2 have WLl{s based on allowable exceedance days for the Estuary. Cities and counties that have co-mingled stormwater in the MS4 are jointly and severally responsible for meeting the Wl,As assigned to MS4 discharges, unless the dischargers demonstrate that their discharges did not cause or contribute to the exceedances. Gonslstent with 40 C.F.R. $ 122.26(aX3Xvi), each co-permittee is only responsible for discharges from the MS¿ls for which it is an opcrator;
WHEREAS, the Parties are required to initiate receiving water monitoring on Oc'tober 11, 2016 in accordance with approved ln-Stream Compliance Monitoring Plan for Santa Clara River Estuary and Reach 3 Bacteria Total Maximum Daily Load (Final ln-Stream Compliance Monitoring Plan) dated May 10, 2016, or as amended; and
WHEREAS, sometime in the future, the RWQGB may require the Parties to initiate outfall water monitoring within 6 months after receÍpt of RWQCB comments on the "lndicator Bacteria Total Maximum Daily Load Draft lmplementation Plan for Lower Santa Clara RiverWatcrshed" submitted by the Parties to RWQCB on March 21,2015, or as amended; and WHEREAS, sometime in the future, the Caltrans may wish to join this MOA to collaboratively implement required Santa Clara River Bacteria Monitoring and Reporting Program. In such event, Caltrans will b€ subject to conditions of this MOA including cost share contributions adjusted as appropriate.
NOW THEREFORE, for valuable consideration, receipt forwhich is hereby acknowledged, the Parties agree as follorrc:
266
AGREETENT
1, The term of this Agreement shall begin on October 5, 2016 and end on October 4,2021
2. The Parties agree to actively support the monitoring and reporting efforts as required by the SCR Bacteria TMDL during the term of this Agreement by funding equal contributions of the total cost of the water monitoring described in the Final In-Stream Compliance Monitoring Plan, which is incorporated herein by this reference, shall not exceed a totalof $32,026.48 (thirty two thousand twenty six and forty eight cents) per year for the Santa Clara River Bacteria TMDL monitoring and reporting activities in accordance with proposed budget in Exhibit A, which is attached hereto and incorporated herein by this reference.
3. Each of the Parties agrees to submit payment within 90 calendar days of receipt of an invoice from the Lead Agency to fund its share of the SCR Bacteria TMDL water monitoring efforts.
4. County of Ventura shall act as the Lead Agency under this Agreement and do all of the following:
A. To award and administer a contract for consultant services to conduc't the SCR Bacteria TMDL water monitoring during the term of this Agreement. This contract shall require consultant to hold harmless, indemnify and defend all Parties, each Party individually, and each Party's officials, officers, employees and agents. The contract shallfurther require consultant to have at least: commercial general liability insurance, including contractual liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant; business automobile liability insurance In an amount not lees than $1,000,000 combined single limit for bodily injury and property damage for each claimant; workerc' compensation insurance as required by law; and employeds liability insurance in an amount not less than $1,000,000 per claimant.
B. To fumish the Parties a final accounting of the cost of the SCR Bacteria TMDL water monitoring, within one hundred twenty (120) calendar days afrer the completlon of the activities set forth for that year, provided however, the PartieE may grant in writing an extension of time to complete the final accounting.
C. To furnish monitoring data to the RWQGB and provide a copy to the Parties as set forth in the Final ln-Stream Gompliance Monitoring Plan.
D. During the term of this Agreement, to ac't as the Lead {gency for contract management and fiscal coordination in connection with the SCR BacÍeria TMDL monitoring.
5. Caltrans may join this Agreement by giving notice in the manner provided in Exhibit B, which is attached hereto and incorporated herein by this reference, to all Parties. Once Galtrans provides such notice, the joining date listed in the notice shall be the effective date of this amendment to the Agreement to include Caltrans; if such joining date is not listed, the effective date of this amendment to the Agreement to include Caltrans shall be thirty (30) calendar days after the date of notice. lf Caltrans joins this MOA, Caltrans agrees to pay the County of Ventura for the monitoring and reporting services not exceeding $5,337.75 (five thousand three hundred thirty seven dollars and seventy five cents) per year as shown in Exhibit A and based on the cost allocation formula and the total estimated 267
annual cost, attached hereto and made part of the Agreement by this reference. After Caltrans joins this MOA, the first cost share will be prorated to reflect the actual coet to be encumbered by the Parties with Caltrans participation, with a not to exceed Galtrans'cost share of $5,337.75 (five thousand three hundred thirty seven dollars and seventy five cents) per year. lf Caltrans joins this Agreement after the other Parties have already paid the Lead Agency based on the calculation without Caltrans, within ninety (90) calendar days of receipt of Caltrans's payment, the Lead Agency shall submit to each Party a payment for the difference between what that Party actually paid and what that Party owes once Caltrans is a party to the fig¡'eement. Caltrans funding encumbered under this Agreement is evidenced by the signature of its Distric't Budget Manager certifying as to funds in the maximum sum of and not exceeding $5,337.75 (five thousand three hundred thirty seven dollars and seventy f¡ve cents) per year for the SCR Bacúeria TMDL monitorlng and reporting related activities in accordance with proposed budget as shown at the bottom of Exhibit A and adjusted to include Caltrans in the future to represent Caltrans' share of the work costs, Any cost to be invoiced above this sum will require an amendment to this Agreement,
6. Each of the Parties agrêes to pay a five (5) percent administration fee to the Lead Agency for preparing and managing the contracts and budget for SCR Bacteria TMDL monitoring.
The administration fee will be calculated from the total consultant contract amount and equally cost shared among the Parties. ln any case, this administrative fee, when added to the costs of monitoring and reporting, shall not exceed each Party's contribution amount listed in Exhibit A.
7 . Any Party may withdraw from this Agreement for any reason or for no reason at all by giving the other Parties at least thirty (30) calendar days'written notice thereof. The withdrawing Party shall be responsible for its allocated costs up to the date of its withdrawal. The Lead Agency shall notify in writing RWQCB within fourteen (14) calendar days of receiving written notice from any Party that intends to withdraw from this Agreement. From the date of a Party's withdrawal or the date that the withdrawing Party pays all of its allocated costs, whichever is later, that Party shall no longer be bound by any term of this Agreement other than the indemnification and hold harmless provision. lf a Party elects to withdrawfrom cost sharing of SCR Bacteria TMDL monitoring and reporting services before the end of the term of the Agreement, ¡t is agreed that the remaining cost share will be distributed among other Parties based on the existing cost allocation formula. Each Pafi maximum liability forthe MOA defined monitoring and reporting costs shall be limited to the amount reflected in Exhibit A, and incuned by the County up to the date of termination.
8. Each Party shall assume the defense of, indemniff and hold harmless the other Parties and each of their officials, officers, employees and agents from and against any and all actions, damages, liability or claims for death, injury, loss, damage or expense to persons or property to the extent arising from or related to the negligent or willful acts or omissions of the indemnifying and defending Party in connection with SGR Bacteria monitoring and reporting activities, except to the extent such ac{ions, damages, liabilities or claims have arisen from or relate to the negligent or willful asts or omissions of any indemnified Party or Parties, as determined by agreement of all Parties or by judgment by a court of competent jurisdiction. No party shall request a jury apportionment.
9. lf Galtrans joins this Agreement, all obligations of Caltrans under the terms of this Agreement are subject to the appropriation of the resources by the Legislature and the allocation of resources by the California Transportation Commission. This Agreement has 268
been written before agcertaining the availability of federal or State legislative appropriation of funds, for the mutual benefit of the Parties in order to avoid program and fiscal delays that would occur if the Agreement was executed afrer that determination was made. lf Caltrans joins the Agreement, it is valid and enforceable as to Caltrans as if sufficient funds have been made available to Caltrans by the United States Govemment or Califomia State Legislature for the purposes set forth in this Agreement. lf Caltrans joins thc Agrcement and later learns that the United States Govemment or the Califomia State Legislature does not appropriate sufficient funds for Caltrans to participate in this Agreement, CaÌtrans has the option to withdraw from this Agreement by giving notice ln the manner provided in Exhibit C, which is attached hereto and incorporated herein by this reference, to all Parties.
Should Caltrans exercise its option to withdraw from this Agreement, Caltrans shall remain responsible for its share of liability, if any, incuned while participating in this Agreement, and the indemnification and hold harmless provision in the Agreement. Once the Parties receive written notice from Caltrans that it has opted to withdraw from this Agreement, the written withdrawal date in the notice, or if such withdrawal date is not listed, thirty (30) calendar days after the date of notice, this Agreement shall arfomatically revert to the language of the Agreement before Caltrans joined<lthough all amendment language adopted after Caltrans joined the Agreement that does not specifically relate to Galtrans joining the Agreement shall remain valid-r¡vithout any further action by the Parties.
10. lf Caltrans joins the Agreement, any Party intending to enter onto a Caltrans right of way to effectuate the terms of this Agreement shall firct make a written request to Caltrans, identifying the site location, extent of access by persons (and equipment, if any), dates and times of entry, as well as an explanation of the purpose of that entry. Caltrans shall thereafter determine, within ten (10) working days, if that entry will be allowed without a formal Encroachment Permit issued by the Distriot Permit Engineer as an authorized prêsance of non-Caltrans parties not interfering with or threatenlng the safety of the traveling public or the integrþ of the Caltrans infrastructure. ln such case, Caltrans shall condition that right of entry on the accompaniment of a Galtrans representative who shall be empowered to restrict or limit the access of those pemittees, as deemed necessary, at the sole discretion of Caltrans. Where adverse impacts to traffic or the traveled way can be anticipated by Caltrans, Caltrans may require the requesting Party to submit a fonnal Encroachment Permit application, to be filed and completed together with Traffic Control Plans when necessary (which must be prepared by or under the supervision of a trafüc engineer licensed in the State of California) with the District Permit Engineer. An Encroachment Permit may require as much as six (6) weeks to be issued depending upon the extent of coordination and development of traffic controls required for that access.
Caltrans will endeavor, in good faith, to satisfy all requests for access as promptly as possible.
11. Monitoring data collected will remain in drafr form until finalized and submiüed to the RWQCB. Prior to such disclosure, no Party may share the monitoring data generated from the Program with members of the public without first notifying the Lead Agency, unlesE Eo required by law or court order.
12. Waiver by a Party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performanoe under this Agreement. ln no event shall the making by any Party of any payment constitute or be construed as a waiver by that Party of any breach of covenant or any default that may then exiet on the part of any other Pafi, and the making of any such payment by a Party shall 269
in no way impair or prejudice any right or remedy available to that Party or any other Party with regard to such breach or default.
13. This Agreement, including any other documents incorporated herein by specific reference, constitutes the entire and integrated agreement of the Parties regarding the subject matter described herein. This Agreement supercedes all prior oral or written communications, negotiations, representations, agreements and promises. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by all Parties which expressly refers to this Agreement.
14. No Pafi shall assign ortransfer any interest in this Agreement or any part the¡cof, whether by assignment or novation, without every other Party's priorwritten consent. Any purported assignment without written consent shall be null, vold, and of no effec't.
15. The vatidity, interpretation, and performance of this Agrecment shall be controlled by and construed under the laws of the State of Califomia, excluding Califomia's choice of law rules, Venue for any such action relating to the Agreement shall be in the Ventura Coun$ Superior Court.
16. Any person executing this Agreement on behalf of a Party warrants and represents that he or shc has the authority to execute this Agreement on behalf of that Party and has the authority to bind that Party to the performance of its obligations hereunder.
17. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an origlnal and all of which, when taken together, shall be deemed to bs one and the same agreement. A signed copy of this Agreement transmitted by email or other meens of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes.
18. Any notice pursuant to this Agreement shall be made by certified mail or registered letter, retum receipt requested, or by ovemight courier to all Parties at the following addresses:
To the Lcad Agcnoy
- Ewelina Mutkowska
Gounty of Ventura
800 S Victoria Avenuc
Ventura, Califomia 93009-1 61 0
Phone: (805) 645-1382
To the City of Sant¡ Paula
-
Brian Yanez
City of Santa Paula
PO Box 569
Santa Paula, CA 93061-0569
Phone (805) 9334212
To thc Clty of Oxnrrd
- Daniel Rydberg
City of Oxnard
305 West Third Street
Oxnard, CA 93030
To the Glty of FillmorcCity Manager & City Engineer
City of Flllmore
250 GentralAvenue
Fillmore, CA 93015
Phone: (E05) 524-1500x. 114
To thc Clty of S¡n Buen¡vcntu¡¡
-
Joe Yahner
CITY OF SAN BUENAVENTURA
PO Box 99
Ventura, CA 93002-0099
Phone: (E05) 652-4558
To Grllfomir DcpeÉment of
Trenrportrtlon (if clcctr to join in thc
futurr)
District 07
Desþn Division, Storm Water Unit
270
Phone: (805) 38S'8280 Alberto A. Angelini
100 South Main Street, Suite 100, MS 13
Los Angclcs, Ca 90012
271
TETORANDUT OF AGREETENT
ATONG
CITY OF FILLTORE, GITY OF OXNARD, CITY OF SANTA PAULA, CITY OF gAN
BUENAVENTURA, AND COUNTY OF VENTURA (PARTIES)
TO PROVIDE EQUAL COST SHARING FOR SANTA CLARA RIVER BACTERIA
TONITORING AND REPORTING PROGRAT
Slgnrturc Pego
Bytheauthorizedsignaturesbelowthe@agree8totheAgreementand agrees to provide for equal cost sharing for the next five years of the required SCR Bac{eria TMDL monitoring and reporting.
Signature:
Ag
272
MEMORANDUII¡I OF AGREEMENT
AMONG
ctTY oF FILLMORE, CITY OF OXNARD, CITY OF SANTA PAULA, ClrY OF sAN
BUENAVENTURA, AND GOUNTY OF VENTURA (PARTIES)
TO PROVIDE EQUAL GOST SHARING FOR SANTA CLARA RIVER EACTERIA MONITORING AND REPORTING PROGRA]II
Signature Page
Bytheauthorizedslgnaturesbelowthe@agreestotheAgreementand egrees to provideforequaloost sharing forthe noxtfive yoars of the reguired SGR Bac'teria TMDL monitoring and reporting.
Signature:
L. Interim Pi¡blic Works
Engineer
LUCY BLANCO, City Clerk
Mayor
//////T
.l -- L/
JOHN C/COTTI, City Attorney
ô
r
.Å
(\
v
-i
273
MEMORANDUM OF AGREEMENT
AMONG
ctTY oF F|LLMORE, C|TY OF OXNARD, CtrY OF SANTA PAULA, ClrY OF SAN
BUENAVENTURA, AND COUNTY OF VENTURA (PARTIES)
TO PROVIDE EQUAL COST SHARING FOR SANTA GLARA RIVER BACTERIA
MONITORING AND REPORTING PROGRAM
Slgnature Page
Bythe authorized signatures belowtheÇIüQff!ÆEagreestotheAgreementand agrees to provide for equal cost sharing for the next five years of the required SCR Bacteria TMDL monitoring and reporting.
Signature:
q )7
Diane McCall, Mayor
ATTESÏ:
(
mpeartrice,
54 274
TETORANDUT OF AGREENENT
ATONG
CITY OF FILLTORE, CITY OF OXHARD, CITY OF SANTA PAULA, CITY OF SAN
BUENAVENTURA, AND COUNTY OF VENTURA (PARTIES)
TO PROVIDE EQUAL COST SHARING FOR SANTA CLARA RIVER BACTERIA
TONITORING AND REPORTING PROGRAT
Slgnature Pegc
Bytheauthorizedsignaturesbelowthe@agreestotheAgreementand egrees to provide for equal cost sharing for the next five years of the required SCR Bacteria TMDL monitoring and reporting,
l/W"
Tim Flynn, Mayor
ATTEST:
Martinez.
APPROVED AS TO FORM
Attorney
APPROVED AS TO INSURANCE:
Risk
APPROVED AS TO CONTENT:
r, UtDaniel Rydberg,
Page l0 of 15
275
TUIEMORANDU III OF AGREETIENT
AIUIONG
ctTY oF F|LLIUORE, CITY OF OXNARD, CITY OF SANTA PAULA CITY OF SAN tsUENAVENTURA, AND COUNTY OF VENTURA (PARTIES)
TO PROVIDE EQUAL COST SHARING FOR SANTA CLARA RIVER BACTERIA
MOMTORING AND REPORTING PROGRAM
Signature Page
By the authorized signatures below the CITY'OF SAN BUENAVENTURA agrees to the Agreement and agrees to provide for equal cost sharing for the next five years of the required SGR Bacteria TMDL monitoring and reporting.
Signature .^¡*rL- Þ- Lut L
Erik Nasarenko, Mayor
ATTEST:
Antoinette M. Mann, Ci$ Glerk
APPROVED AS TO FORM
Gregory G. Diaz, City Attorney
M Mendoza
Assistant City Attorney
By:
276
Exhibit A
Cost Sharing Distribution Table
Monitodng and Reporting Period:
October 11,2016 - October 10,2017
Gontræt
Amount
12-month Monitoring and Reporting estimate
Contingency (20o/o)
County of Ventura 57o Administrative Fee
J26117.U
s,5,083.57
$ 1.52s.07
TOTAL 3 32.020J8
tOA Prrtlel
County of Ventura
CITY of San Bueneventura
City of Fillmore
Gity of Santa Paula
Amount
$ 6,405.30
$ 6,405.30
$ 6,405.30
$ 6,405.30
of Oxnard
Tobl
Future Adjusted Cost Sharing Dlstribution Table (if Caltrans Joins Agreement) Monitoring and Reporting Period
To Be Determined
Gontnct
Amount
12-month Monitodng and Reporting estlmate
Gontingency (20o/o)
County of Ventura 5olo Administrative Fee
s 25,a17.84
$ 5,083.57
$ 1.525.07
TOTAL t 32.02t.,t8
tOA Prrtlcl
County of Ventura
CITY of San Buenavontura
City of Fillmore
Gity of Santa Paula
Cl$ of Oxnard
Caltrans
Amount
$ 5,337.75
$ 5,337.75
$ 5,337.75
$ 5,337.75
$ 5,337.75
Totrl t
277
Exhibit B
Notice to All Partieo of G¡ltrrn¡' Election to Join the Agrccment Date of Notice:
Pursuant to Section 5 of the agreement titled 'Memorandum of Agreement among City of Fillmore, City of Oxnard, City of Santa Paula, CITY OF SAN BUENAVENTURA, and County of Ventura (Parties) to Provide Equal Cost Sharing for Santa Clara River Bacteria Monitoring and Reporting Program,'entered into effect on Oqtober 5. 2016 (Aoreement). which is incoroorated herein bY applv to Caltrans and the term úParties" used thercin shall include Caltrans.
The date wherebv Galtrans shalljoin the Aoreement. which in anv case shall be at least fifreen (15ì calendar davs after the date of notice listed above. is:
To effectuate this election, Caltrans shall provide this Notice to all other parties to the Agreement in the manner required by Section 18 of the Agreement.
By Date:
District Director
APPROVED AS TO FORM AND PROCEDURE:
Attorney
CERTIFIED AS TO FUNDS:
District Budget Manager
CERTIFIED AS TO FINANCIAL TERMS AND CONDITIONS:
By
By
By
Accou nting Administrator
278
Exhibit C
Notlce to All P¡rüc¡ of Grltr¡nr' Ebction to Withdr¡w from tlrc Agnccmcnt Date of Notice:
Pursuant to Section f of the agreement titled 'Memorandum of Agreement among City of Fillmore, Gity of Oxnard, City of Santa Paula, CITY OF SAN BUENAVENTURA, and County of Ventura (Parties) to Provide Equal Cost Sharing for Santa Clara River Bacteria Monitoring and Rcporting Program," entered into efrect on
remain responsible for its
To cfþctuatc this electlon, Caltrans shall providc this Notice to all other parties to thc Agreement in thc mannêr required by Section 18 of the Agreement.
By Date:
District Director
APPROVED AS TO FORM AND PROCEDURE:
By
Attorney
CERTIFIED AS TO FUNDS:
By
Distrist Budget Manager
CERT¡FIED AS TO FINANCIAL TERMS AND CONDITIONS:
Accounting Administrator
By
279
280
281
282
283
284
285
286
287
288
289
290
291
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.10
DATE: December 17, 2024
TO: City Council
FROM: Alexander Nguyen, City Manager, (805) 385-7430, [email protected] SUBJECT: List of City Manager Approved Contracts - Informational Only.
RECOMMENDATION
That the City Council receive and file the list of City Manager approved contracts for the period June 13, 2024 through December 5, 2024.
(This item did not originate in Committee.)
BACKGROUND
Per City Code Chapter 4: Public Projects; Purchasing and Contracting allows the City Manager to approve any procurement contract or purchase order up to $200,000 annually. Additionally, the City Manager may approve any amendment that, collectively with the original purchase order or contract and all amendments thereto, does not exceed $200,000 annually. The attached list of contracts, purchase orders and amendments meet the criteria of amounts of being between $101,000 to $200,000 annually (including all prior amendments) for the period between June 13, 2024 through December 5, 2024.
STRATEGIC PRIORITIES
This agenda item supports the Organizational Effectiveness strategy. The purpose of the Organizational Effectiveness strategy is to reinforce, stabilize, improve, and strengthen the organizational foundation of the City in order to build a modern, high-functioning City government that effectively and efficiently supports the operating departments in providing high-quality services and programs for our residents and businesses.
FINANCIAL IMPACT
There is no financial impact.
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Luly Lopez, Executive Assistant
ATTACHMENTS
1. City Manager Contract List 2024
292
293
294
295
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. J.11
DATE: December 17, 2024
TO: City Council
FROM: Emilio Ramirez, Housing Director, (805) 385-8094, [email protected] SUBJECT: Ground Lease Agreement between the City of Oxnard and Catalyst Family Incorporated.
RECOMMENDATION
That the City Council:
Approve and authorize the Mayor to execute a five-year ground lease between the City of Oxnard and Catalyst Family, Inc, a non-profit California public benefit corporation, at a monthly lease rate of $3,645.83, for a 17,500 square foot area in Colonia Park located at 170 North Juanita Avenue for the purpose of childcare services. (This item did not originate in Committee.)
BACKGROUND
Catalyst Family Incorporated, (Catalyst Family), formerly known as Continuing Development, is a 501(c)3 nonprofit organization that operates over 160 centers throughout the State of California, serving over 20,000 children. Catalyst Family partners with thirty-four school districts to provide before and after school programs, preschool, camps and family resources. Their centers are licensed by the California Department of Social Services, Community Care Licensing Divisions, the agency charged with health and safety reviews of child care centers.
In 2001, the City of Oxnard entered into a ground lease agreement, allowing Catalyst Family to utilize a portion of Colonia Park to operate its Green Valley Childcare facility located at 170 North Juanita Avenue. The 2001 agreement allowed for the use of 17,500 square feet of outdoor area at Colonia Park in exchange for $1 per year. All utilities, repairs and maintenance costs were the responsibility of Catalyst Family. Catalyst Family has since improved the land by adding modular child care facilities, playground equipment and fixtures.
The 2001 agreement was amended three times to extend the term, with the most recent amendment expiring on February 12, 2017. Catalyst Family has been occupying the property as a holdover tenant on a month to month basis since February 2017.
DISCUSSION
City staff have worked with Catalyst Family to negotiate and prepare a new agreement, which is memorialized in the proposed and attached agreement. Staff and Catalyst Family have agreed to terms for Catalyst’s lease and occupancy of approximately 17,500 square feet of real property, which has previously been improved by Catalyst Family. Catalyst Family proposes to continue to use the property in the same manner as their current operation of the Green Valley Childcare center.
The proposed lease agreement has a term of five years commencing on December 17, 2024 and maturing on December 31, 2029. Catalyst Family has agreed to a monthly rent of $3,645.83, which has been determined by our real property consultant at CBRE to be the current market rental rate. The proposed lease agreement allows for the use of 17,500 296
square feet of outdoor area at Colonia Park. All costs related to permits, utilities, repairs and maintenance of the land and improvements will continue to be the responsibility of Catalyst Family.
The proposed lease agreement does not offer any options to extend beyond the maturity date of December 31 2029.
The entire proposed lease agreement is attached to this report (Attachment 1).
The partnership between Catalyst Families and the City of Oxnard provides a unique opportunity to leverage resources to provide critical services to the families and children of Oxnard, therefore, staff fully supports this recommendation.
ENVIRONMENTAL IMPACT
Entering into the Ground Lease Agreement will not result in a direct or reasonably indirect potential change in the environment. (CEQA Guidelines Section 15060(c)(2).
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 City of Oxnard General Fund will benefit from a monthly rental revenue of $3,645.83 over a five-year term, which will be recorded to lease revenue. The total lease revenue is estimated to be $218,749.80.
For Finance Use Only: General Fund (Org. 1011001 Obj. 43310)
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Emilio Ramirez, Housing Director
ATTACHMENTS
1. Lease Agreement
297
Agreement Number 9966-24-HO
GROUND LEASE
This Ground Lease ("Lease") is made and entered into in the County of Ventura, State of California on December 17, 2024 by and between the City of Oxnard, a municipal corporation ("Lessor" or "City"), and Catalyst Family Inc., a nonprofit California public benefit corporation ("Lessee"), as follows:
1. Description of Property
a. Lessor hereby leases to Lessee the use of 17,500 square feet of outdoor area at Colonia Park as more particularly described in Exhibit A, attached hereto and incorporated herein in full by this reference ("Land").
b. This Lease confers no benefits or privileges with respect to property in the public park, other than the Land. The Lessee shall have the same rights as, and shall be subject to the same restrictions as, the general public with respect to use of the public park.
2. Improvements
a. The Lessee has constructed improvements on the Land ("Improvements"). The Improvements are two Lessee-owned modular child care facilities (here in “Modular Units”), playground equipment, and fixtures, as more particularly described on Exhibit B, attached hereto and incorporated herein in full by this reference. b. The Lessee shall obtain, at the Lessee's expense, all permits and entitlements required by the City or any other agency in connection with construction of the Improvements and shall continuous comply with the requirements of all permits, entitlements and all applicable local regulations and ordinances plus applicable state and federal laws and regulations.
c. The Lessee shall maintain the Land and Improvements in compliance with all permits, entitlements and all applicable local regulations and ordinances plus applicable state and federal laws and regulations.
d. The terms of this Lease will govern the use, and operation of the Improvements and the exercise of the Lessee's and the Lessor's rights with respect thereto. In Lessor’s discretion, upon termination of this Lease by the expiration of the Lease term, or after five years, or by default of Lessee, or for any reason, title to all Improvements will pass in fee simple absolute from the Lessee to the Lessor without compensation to the Lessee or the requirement of any additional action by the Lessor or the Lessee. e. The Improvements, and any equipment, machinery and fixtures at any time constructed, placed, or maintained by or on behalf of Lessee on any party of the Land shall be and remain the property of Lessee during the Term, and Lessee shall have the right to remove the same at any time during the Term, whether or not said items are considered fixtures and attachments to real property under applicable laws. Lessor agrees that upon expiration of the Term, or upon earlier termination of this Lease, all moveable equipment, machinery and fixtures, or other personal property (including Modular Units) shall remain the property of Lessee and may be removed by Lessee, at its sole cost and expense, provided that Lessee repairs any damage caused by such removal. Lessor agrees and acknowledges that such equipment, machinery, and fixtures (including the Modular Units) shall remain the personal property of Lessee.
3. Term
a. The term of this Lease shall be for five years commencing on December 17, 2024, and expiring on December 31, 2029, unless sooner terminated as herein provided. 1 | Page
298
Agreement Number 9966-24-HO
4. Use
a. Improvements shall be used for a child care center with at least ninety percent of the children served being certified as eligible for State or federal subsidized programs.
Eligibility shall be in accordance with Education Code sections 8235 California Welfare and Institutions Code (W&IC) Section 10213.5(i).
b. Lessee’s hours of operation are 7:00am to 6:00pm weekdays, a schedule shall be provided to Lessor within forty-eight hours if and when hours of operation change.
Changes to hours of operation must be approved, in writing, by Lessor. Such requests to changes in hours of operation may not be unreasonably withheld. Lessor shall provide Lessee within twenty-four hours advance notice of any intent of Lessor to use the Land and Improvements.
c. Notwithstanding any other provision is this Lease, City shall have the right to use the Land and Improvements for public meetings, City business, or recreational purposes organized or carried on by Lessor, at any time during which child care operations are not being carried on by Lessee. Lessor shall provide Lessee with twenty-four hours advance notice of any intent of Lessor to use the Land and Improvements. Lessor shall be responsible for any costs associated with the use, including but not limited to, maintenance, utilities, security, and clean up.
d. Lessee shall not discriminate against children, persons, or families because of their race, color, religion, ancestry, national origin, disability, sex, marital status, age, or any other status protected by law.
5. Rent
a. Lessee agrees to pay to Lessor as "Rent" $3,645.83 per month for the use of the Land payable on or before the first day of each month during the term of the Lease. b. The Rent shall not be increased during the term of the Lease.
6. Utilities
a. Lessee shall construct and maintain, at its sole cost, proper connections with any and all water, gas, wastewater, solid waste, and electric lines. b. Lessee shall pay for and furnish the following utilities for the Land and Improvements:
water, gas, wastewater, solid waste, electric, heating and air-conditioning suitable for the comfortable use and occupancy of the Land and Improvements. Lessee shall make payments directly to the utility company furnishing the services. c. Lessee shall pay for, furnish, and maintain all telephone and alarm services on and serving the Land during the term of this Lease.
7. Possession
a. Lessee shall have the right to possess the Land during the term of this Lease.
8. Mechanics Lien
a. Lessee shall maintain the Land and Improvements free from any lien arising out of any work performed on the Land for material and labor furnished to the Land or for any obligation incurred by Lessee.
9. Indemnity
2 | Page
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Agreement Number 9966-24-HO
a. Lessee agrees to indemnify, hold harmless and defend Lessor, its City Council and each member thereof, and every officer, employee, representative or agent of Lessor from all liability, claims, demands, actions, damages (whether in contract or tort, including personal injury, death at any time, or property damage), costs, and financial loss, including all costs and expenses and fees of litigation or arbitration, that are caused by the wrongful or negligent acts or omissions of Lessee, its agents, employees, and subcontractors while Lessee is performing under this Lease, or from the use of the Land and Improvements by Lessee, its agents, employees, and subcontractors except in cases of negligence on the part of Lessor, its City Council and each member thereof, and every officer, agent, employee, or subcontractor of Lessor.
b. Lessor agrees to indemnify, hold harmless and defend Lessee, and every officer, employee, representative or agent of Lessee, from all liability, claims, demands, actions, damages (whether in contract or tort, including personal injury, death at any time, or property damage), costs, and financial loss, including all costs and expenses and fees of litigation or arbitration, that are caused by the wrongful or negligent acts or omissions of Lessor, its City Council and each member thereof, and every officer, agent and employee of Lessor while Lessee is performing under this Lease, or from the Lessor's failure to personally maintain and repair areas not part of the Land and under the control of the Lessor or its officers, employees, agents or subcontractors.
10. Insurance
a. Lessee shall obtain and maintain during the term of this Lease the insurance coverages as specified in Exhibit INS-N, attached hereto and incorporated herein by this reference, issued by a company satisfactory to the Risk Manager, unless the Risk Manager waives, in writing, the requirements that Lessee obtain and maintain such insurance coverages.
b. Lessee shall, prior to the use of the Property, file with the Risk Manager evidence of insurance coverage as specified in Exhibit INS-N. Evidence of insurance coverage shall be forwarded to the Risk Manager, addressed as specified in Exhibit INS-N. c. Maintenance of proper insurance coverages by Lessee is a material element of this Lease. Lessee's failure to maintain or renew insurance coverages or to provide evidence of renewal may be considered as a material breach of this Lease. d. 30-day prior written notice of insurance policy changes shall apply only to General Liability.
11. Maintenance and Repair
a. Throughout the term of the Lease, Lessee will maintain the Land and Improvements in good and clean order and condition, and will promptly make all repairs, renewals and replacements (whether interior or exterior, structural or nonstructural, ordinary or extraordinary, foreseen or unforeseen), necessary or appropriate to maintain the Land and Improvements in at least as good condition as their original condition, reasonable wear and tear excepted. All repairs, replacements and renewals will be reasonably equal in quality to the original Improvements. All such actions will be performed at the sole expense of Lessee, and Lessor will not be required to maintain, alter, repair, rebuild or replace all or any part of the Land or the Improvements in any way, or to suffer any expense on account of any such actions. Lessee expressly waives any right to make repairs at the expense of the Lessor which might be provided for in law now or hereafter in effect.
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b. Lessor reserves the right to inspect the Land and the Improvements on a semiannual basis to ensure preventive and routine maintenance of the Land and the Improvements are being performed in an acceptable manner.
c. Lessee shall be responsible for any capital improvements on the Land during the term of the Lease.
d. If the Improvements are damaged or destroyed during the term of the Lease, Lessee will, as soon as practicable after the casualty, restore the Improvements to substantially the same condition which existed immediately prior to such damage or destruction.
Lessee will not be entitled to any offset or abatement in rent or to any termination or extension of the term of the Lease as a result of deprivation or limitation of use of the Improvements occasioned by any casualty, or by repairs or replacements required by this section; however, failure of Lessee to restore the Improvements shall be an event of default under this Lease, which will entitle Lessor to exercise its remedies for default. e. Lessee, at the Lessee's option, may continue the occupancy of the Land if the damage or destruction to the Land does not totally impair the Lessee's use of the Land. f. Insurance proceeds shall be applied by Lessee to the payment of the costs of restoration as such costs are incurred by Lessee. Lessee shall not apply insurance proceeds to any use other than restoration of the Improvements or Land.
12. Taxes and Assessments
a. Lessee shall pay all real property and possessory interest taxes and assessments levied or assessed against the Land and Improvements or Lessee's interest in and occupancy of the Land and Improvements.
13. Assignment Subletting
a. Lessee shall not sublease the Land and Improvements or any part thereof, nor shall Lessee assign any interest in this Lease without first obtaining the written consent of Lessor. Lessor will not unreasonably withhold Lessor's consent, however, no use other than the use described in Section 4. shall be permitted, and Lessor shall not be under any obligation to consent to a sublease or assignment to any entity other than a non-profit entity with financial strength and operational capabilities at least equivalent to those of Lessee. Assignment for purposes of this Lease means, in addition to the assignment of all or any interest in this Lease, any merger, consolidation, reorganization, business combination, or other transaction wherein or whereby twenty-percent or more of the ownership or membership interests in Lessee, or in any parent company of Lessee, pursuant to which control of Lessee will change or be subject to change. As used herein, "control" means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of Lessee.
Lessor's consent to any assignment, subletting, occupation or use by persons other than Lessee shall not be deemed to be a consent to any subsequent assignment, subletting, or grant of permission for use.
b. Lessor and Lessee agree that this Lease shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of Lessor and Lessee.
14. Entry by Lessor
a. Lessee shall permit Lessor, its agents or employees to enter into and upon the Land and Improvements at all reasonable times for the purpose of inspections of any portion of the Property. Lessor agrees that such right of entry shall not be exercised in such a 4 | Page
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manner as to unreasonably interfere with any services or activities conducted by the Lessee on the Land and Improvements.
15. Waiver
a. A waiver by Lessor of any default by Lessee in the performance of any covenant, term or condition of the Lease shall not constitute or be deemed a waiver of any default.
16. Notices
a. Except as otherwise provided, any communication between Lessor and Lessee and notices provided for herein shall be given in writing by personal delivery or mail:
i. Lessor: Catalyst Family Inc.
350 Woodview Avenue, Suite 100
Morgan Hill CA 95037
Attn: Contracts Department
ii. Lessee: City Manager
300 South D Street
Fourth Floor
Oxnard, CA 93030
iii. Copy: City Attorney
305 West Third Street, Suite 100E
Oxnard, CA 93030
17. Holding Over
a. After expiration of this Lease, holding over by Lessee, with or without consent of Lessor, shall be deemed as a tenancy from month-to-month subject to all the terms and conditions herein provided.
18. Governing Law
a. Lessor and Lessee agree that the construction and interpretation of this Lease and the rights and duties of the Lessor and Lessee hereunder shall be governed by the laws of the State of California.
19. Frustration of Purpose
a. At any time during the term of this Lease, if the governing body of any political subdivision having competent jurisdiction over the Land should enact any valid zoning ordinance, law or regulation which prohibits the use of the whole or substantial part of the Land for the purposes as provided in this Lease, Lessor agrees that Lessee may elect, within 120 days after the effective date of such ordinance, law or regulation, to cancel this Lease and surrender possession of the Land and all Improvements. Any such cancellation and surrender shall act to release and discharge Lessee from any further obligation under this Lease, and Lessee may move the Improvements, at Lessee's sole expense, to another location so long as this Lease has not expired, or ten years have passed as discussed in this Lease.
20. Condemnation
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a. In case the whole of the Land or such part thereof as shall substantially interfere with Lessee's use and occupancy thereof shall be taken by any lawful power or authority by exercise of the right of eminent domain, or sold to prevent such taking, either Lessee or Lessor may terminate this Lease effective as of the date possession is required to be surrendered to such authority, and Lessee may move the Improvements, at Lessee's sole expense, to another location so long as this Lease has not expired, or five years have passed as discussed in this Lease. Lessee shall not, because of such taking, assert any claim against Lessor or the taking authority for any compensation because of such taking, and Lessor shall be entitled to receive the entire amount of any award without deduction for any estate or interest of Lessee except as provided below. b. In the event the amount of the Land or the type of estate taken shall not substantially interfere with the conduct of Lessee's business, Lessor shall be entitled to the entire amount of the award without deduction for any estate or interest of Lessee. In such event, Lessor shall promptly proceed to restore the Land and Improvements to substantially their condition prior to such partial taking and the Lease shall remain in effect. In no event, however, shall Lessee be required to incur expense greater than compensation received by Lessor and in no event shall Lessor be required to expend funds prior to receipt of compensation.
21. Severability
a. Lessor and Lessee agree that the invalidity in whole or in part of any provision of this Lease shall not void or affect the validity of any other provision and the balance of this Lease shall remain in full force and effect.
22. Expenses of Enforcement
a. Lessor and Lessee agree that the prevailing party's reasonable costs, attorneys' fees (including the reasonable value of the services rendered by the City Attorney's Office) and expenses, including investigation fees, and expert witness fees, shall be paid by the non-prevailing party in any dispute involving the terms and conditions of this Lease.
23. Time of Essence
a. Lessor and Lessee agree that time is of the essence in regard to performance of any of the terms or conditions of this Lease.
24. Default
a. In addition to the breach of any term or condition of this Lease, the occurrence of any of one or more of the following events shall constitute a default hereunder by Lessee:
i. The abandonment of the Land or the Improvements by Lessee. Abandonment is herein defined to include, but is not limited to, any absence by Lessee from the Land or Improvements for thirty (30) days or longer while in default of any provision of this Lease.
ii. The failure by Lessee to make the payment of Rent, as and when due, where such failure shall continue for a period of ten business days after written notice thereof from Lessor to Lessee.
iii. The failure by Lessee to observe or perform any of the express or implied material covenants or provisions of this Lease to be observed or performed by Lessee, other than as specified in subsections a. and b. above, where such failure shall continue for a period of ten days after written notice thereof from Lessor to Lessee.
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iv. The appointment of a trustee of receiver to take possession of substantially all of Lessee's assets located on the Land or of Lessee's interest in this Lease, where possession is not restored to Lessee within 90 days.
v. The attachment, execution or other judicial seizure of substantially all of Lessee's assets located on the Land or of Lessee's interest in this Lease, where such attachment, execution or seizure is not discharged within 90 days. vi. The failure by Lessee to observe or perform any express or implied material covenants or provisions (including payment provisions) of any agreement with any third party for which the Improvements are security, or the breach of which could result in claims by the third party of title to an interest in the Improvements.
25. Remedies
a. In the event of any default by Lessee as defined herein, Lessor may exercise the following remedies:
i. With or without notice or process of law and using such force as is reasonably deemed necessary under the circumstances, and without terminating this Lease or otherwise relieving Lessee of any obligation hereunder in the absence of express written notice of Lessor's election to do so as set forth herein, Lessor may re-enter and take possession of the Land and of all property of Lessee, including the Improvements, or any other person which is located therein.
Under no circumstances shall Lessor be held liable in damages or otherwise by reason of such proper re-entry or eviction, or by reason of the exercise by Lessor of any other remedy provided in this subparagraph. ii. Lessor may terminate this Lease by express written notice to Lessee of Lessor's election to do so. Such termination shall not relieve Lessee of any obligation hereunder which has accrued prior to the date of such termination. iii. Lessor may recover from Lessee, and Lessee shall pay to Lessor upon demand, such reasonable expenses as Lessor may incur in recovering possession of the Land, placing the same in good order and condition and altering or repairing the same for reletting, as well as all other reasonable expenses, leasing or real estate commissions and charges incurred by Lessor in exercising any remedy provided herein or as a result of any default by Lessee hereunder. iv. Lessor may exercise any remedy or right now or hereafter available to Lessor against a defaulting Lessee under the laws of the State of California and not otherwise specifically reserved herein.
v. Lessor shall be under no obligation to observe or perform any covenant of this Lease on its part to be observed or performed which accrues after the date of any default by Lessee hereunder.
vi. Any legal action by Lessor to enforce any obligation of Lessee or in pursuance of any remedy hereunder shall be deemed timely filed if commenced at any time prior to one year after the expiration of the term hereof or prior to four years after the cause of action accrues, whichever period expires later. vii. Lessee hereby waives any right of redemption or relief from forfeiture in the event Lessee is evicted or Lessor takes possession of the Land by reason of any default by Lessee hereunder.
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26. Amendment
a. Lessor and Lessee agree that the terms and conditions of this Lease may be reviewed or modified at any time. Any amendments to this Lease shall be effective only when agreed to in writing by both Lessor, which is subject to approval by the City Council of the City of Oxnard (unless otherwise delegated to the City Manager) and Lessee.
27. Termination
a. Lessor or Lessee may exercise the right to terminate this Agreement for any or no reason by giving the other party written notice no less than six (6) months in advance. b. In the event that subsidized funding to Lessee for the operation of its licensed childcare program is reduced, suspended, or terminated, so that Lessee must terminate the operation of the Programs being conducted on the Land, Lessee may terminate this Lease on reasonable notice to Lessor, which notice shall not be less than thirty (30) calendar days.
28. Exhibits
a. The following exhibits form a part of this Lease and are incorporated herein by this reference.
i. Description of the Land
ii. Description of the Improvements
iii. INS-N Insurance coverages
29. Entire Agreement
a. Lessor and Lessee agree that this Lease constitutes the entire agreement of Lessor and Lessee regarding the subject matter described herein and supersedes all prior communications, agreements and promises either oral or written.
30. Execution
a. Lessor and Lessee agree that this Lease may be transmitted and signed by electronic or digital means by either/any or both/all parties and that such signatures shall have the same force and effect as original signatures, in accordance with California Government Code Section 16.5 and California Civil Code Section 1633.7. b. LESSOR AND LESSEE FURTHER ACKNOWLEDGE THAT EACH RECEIVED A COPY OF THIS LEASE AT THE TIME OF EXECUTING THE SAME.
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IN WITNESS WHEREOF, Lessor and Lessee each hereby represent that each has read this Lease, understands it, and hereby executes this Lease.
LESSOR AND LESSEE FURTHER ACKNOWLEDGE THAT EACH RECEIVED A COPY OF THIS LEASE AT THE
TIME OF SIGNING SAME
City of Oxnard Catalyst Family Inc.
Luis McArthur, Mayor Susan Dumars
President
ATTEST
Lourdes A. López, City Clerk
City Clerk
APPROVED AS TO FORM
Stephen M. Fischer
City Attorney
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EXHIBIT A
Leased area is located at the North West corner of Colonia Park. The area to be leased totals 17,500 square feet of outdoor area. The image below is not drawn to scale and has the intent of depicting the shaded area subject to this lease.
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Exhibit B
Improvements
The Tenant Improvements to the Land will include the following: Tenant-owned two (2) prefabricated modular units with raised concrete foundations within in the area identified in Exhibit A hereto. The Tenant has installed landscaping, irrigation and made all necessary utility connections.
The Improvements, prefabricated modular units, the raised foundation, the landscaping/irrigation and utility connections have all been constructed in accordance within all City codes and standards. 11 | Page
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EXHIBIT C
INS-N Insurance coverages.
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EXHIBIT C (continued)
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EXHIBIT C (continued)
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EXHIBIT C (continued)
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CITY COUNCIL AGENDA REPORT
REPORTS
AGENDA ITEM NO. K.1
DATE: December 17, 2024
TO: City Council
FROM: Emilio Ramirez, Housing Director, (805) 385-8094, [email protected] SUBJECT: Consultant and Professional Services Agreement for Real Estate Services with CBRE. (10 minutes)
RECOMMENDATION
That the City Council:
1. Approve and authorize the Mayor to execute a Consultant and Professional Services Agreement (Agreement No. 325001360) with CBRE for Real Property Services for an initial term of 18 months with three one year options to extend, for an agreement amount not to exceed $675,000
(This item did not originate in committee because it is a continuation of an item previously approved by the City Council.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/hUfnSxIGLTw
BACKGROUND
The City of Oxnard has contracted with CBRE for real estate services since December of 2019. CBRE provides full service commercial real estate services, which include real property evaluations, listing, representation and negotiation of properties for potential acquisition or disposition by the City of Oxnard and its other City Authorities, Boards and Commissions. Previously, the City and CBRE entered into Professional Services Agreement No. 9576-22-HO, which was extended three times and will expire in January of 2025. CBRE has provided a myriad of specialized real estate services to the City, including successfully negotiating the acquisition and disposition of several properties on behalf of the City of Oxnard.
DISCUSSION
In anticipation of the expiration of Agreement No. 9576-22-HO, staff issued a Request for Proposals (RFP) for contract real estate services. CBRE was the only respondent to the City’s RFP. Staff reviewed and determined that the proposal from CBRE was responsive and cost-effective. Additionally, staff has had a positive experience in its contractual history with CBRE and recommends the City enter into a new agreement with CBRE to continue real estate services with the following terms:
• An 18 month initial term starting January 1, 2025 and maturing on June 30, 2026 • Three consecutive (1) one year options to extend the agreement which would allow a potential term through June 30, 2029
• A total contract amount of $675,000
o This total contract about is based on the following annual compensations:
▪ CBRE shall invoice the City of Oxnard on a monthly basis in the amount of $8,333.33 for the scope of services contemplated in this agreement.
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▪ Consultant shall invoice subcontractor / third party vendor costs, on a cost as incurred basis for services authorized by the City, which is estimated at $50,000 for each twelve month period ▪ This is a City wide agreement that may be utilized by different departments such as Housing and Public Works.
• Scope of services including (See Exhibit A of Attachment 1 for a full scope of work):
o evaluating, listing, representation and negotiation of properties for potential acquisition or disposition by the City of Oxnard and any affiliate;
o procuring reports and third-party services needed in consideration of potential real property transactions including, but not limited to, property inspections, appraisals, title reports, development capacity studies, requests for proposals, marketing and advertising, title and escrow services; and o preparation of plans and market analysis for various City-owned properties in order to either lease, sell, or otherwise realize capital appreciation.
STRATEGIC PRIORITIES
This agenda item supports the Quality of Life strategy. The purpose of the Quality of Life strategy is to restore and increase quality services and programs that enrich Oxnard's diverse community, promotes safe neighborhoods, encourages community engagement, and supports our residents in their efforts to improve their quality of life.
FINANCIAL IMPACT
There is sufficient FY2024-25 funding available in the General Fund (101) Housing department's operating budget financial impacts associated with the monthly and potential third party vendors of this agreement. Funding of future fiscal years will be included in the recommended budget of each Fiscal Year.
The Housing Department and Public Works will continue to work with the Finance Department to ensure the availability of funds prior to assignment of each major task under the agreement.
COMMITTEE OUTCOME
(This item did not originate in committee because it is a continuation of an item previously approved by the City Council.)
Prepared by: Emilio Ramirez, Housing Director
ATTACHMENTS
1. Agreement
2. Presentation
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Agreement No. 32500136
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF OXNARD AND CBRE Inc.
By this Professional Services Agreement (“Agreement”), the City of Oxnard (“City”) agrees to engage the Services of CBRE Inc. (“Consultant”), and Consultant agrees to perform the Services for City as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. City and Consultant may be individually referred to as “Party” or collectively as the “Parties.”
1. [Reserved]
2. SUMMARY DESCRIPTION OF SERVICES. Strategic planning, market analysis, real estate consulting services, sale and acquisition of properties, lease services, landlord-based commissions (acquire transactions) and financial advisory services.
3. PARTIES.
City of Oxnard, a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030.
CBRE, Inc., a corporation of the State of California, located at 2761 Park View Court, Oxnard, CA 93036.
4. TERM OF AGREEMENT: From (Date): January 15, 2025 To (Date): June 30, 2026 A. Time is of the essence in this Agreement
B. The City shall have the option to exercise (3) consecutive (1) one-year term extensions, in accordance with the scope of work and terms and conditions of this Agreement. Any price negotiations, if allowed, shall be negotiated at the time of contract extension.
C. This Agreement shall not exceed a total of five (5) years (including the initial term and any options to extend). The City in its sole discretion may exercise the option terms upon sixty (60) days written notice to the Consultant (or any other time if the parties so agree) in accordance with Section 12 of this Agreement. The option term shall be commenced by an amendment to this agreement.
D. All Services required of Consultant under this Agreement shall be completed on or before the end of the term of the Agreement.
5. AGREEMENT AMOUNT NOT TO EXCEED: $675,000.00 (Six Hundred Seventy-Five Thousand Dollars)
6. AGREEMENT EXHIBITS. The following documents memorialized below are the only exhibits to this Agreement and are incorporated by reference as though fully set forth herein. In the event of a conflict between the Exhibits and this Agreement, the Agreement controls.
Exhibit A: Scope of Services & Task Orders
Exhibit B: Schedule of Compensation
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Exhibit C: Insurance Requirements: City Insurance Exhibit INS-A Exhibit D: Living Wage Policy
7. DESIGNATED REPRESENTATIVES. The Designated Representatives listed below shall be authorized to act on behalf of the named Party, be responsible for negotiations and contractual matters, and coordinate with each other to perform the Services under this Agreement. Additionally, Consultant’s Services shall be performed or immediately supervised by the Consultant’s Representative:
City Designated Representative
Alexander Nguyen
City Manager
805.385.7449
[email protected]
Consultant Designated Representative
Brian Hutcherson
Regional Manager
805.405.6109
[email protected]
8. CONTRACTUAL PREREQUISITES. This Agreement must first be executed by the Consultant, after which the Agreement shall be approved as to form by the City Attorney, then executed by the Mayor, or an authorized person on behalf of the City, and if executed by the Mayor shall also be executed by the City Clerk.
A. Consultant is advised that any recommendation for Agreement award is not binding on City until the Agreement is fully executed and approved by City.
B. A request for modification of the terms, prior to execution of the Agreement, must be made in writing and presented to the Designated Representative of the City prior to the time this Agreement is executed.
C. All proof of a City tax certificate, insurance, and W-9 forms is required prior to execution of this Agreement.
D. Consultant shall not perform any work under this Agreement until a proof of insurance has been provided to the City as required under Section 24 of this Agreement.
9. CONSULTANT’S SERVICES.
A. Consultant shall perform the tasks, obligations, and Services set forth in the “Scope of Services,” attached to and incorporated into this Agreement as “Exhibit A.” Once this Agreement is executed, the Scope of Services may only be modified by written Amendment pursuant to Section 13 of this Agreement.
B. The Services shall be coordinated with the designated City Project Manager set forth in Exhibit A subject to the direction of the City Manager or Department Director. Consultant hereby designates its Project Manager as set forth in “Exhibit A” as the person responsible for the Services who pg. 2
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shall coordinate with City’s Project Manager in executing the Scope of Services under this Agreement.
C. Consultant shall perform certain services pursuant a Task Order issued under this Agreement. Task Orders may only be modified in writing by the City’s Designated Representative. Under no circumstances shall the Consultant exceed the amount stated in the City’s Task Order or perform additional work or services that are not included in the task order.
10.COMPENSATION. City shall pay Consultant for the Services performed pursuant to the terms of this Agreement and the “Schedule of Compensation,” attached to and incorporated into this Agreement as “Exhibit B.” City shall pay Consultant an amount not to exceed the amount is listed in Section 5 of this Agreement. Once this Agreement is executed, the Schedule of Compensation may only be modified by written Amendment pursuant to Section 13 of this Agreement, and may be subject to approval by the City Council.
A. Once this Agreement is executed, the Schedule of Compensation may only be modified by written Amendment pursuant to Section 13 of this Agreement, and may be subject to approval by the City Council.
10.1 Commissions for related transactions
Commissions for related transactions will be based on the information included in Exhibit B. Commissions that result in an amount due to the consultant higher than the remaining value of the contract shall be approved by City Council at the time of the approval of the transaction.
11.PAYMENT and INVOICES. The City shall pay all undisputed portions of any applicable invoice within thirty (30) days after receipt of an invoice. In the event the City disputes one or more items in an invoice, the City shall, within thirty (30) days after receipt of such invoice, notify the Consultant of the item(s) being disputed and the reason(s) therefore. The City may withhold payment for such disputed items until resolution of the dispute.
A. Payment Request. Consultant shall submit a payment request to CITY by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month. Invoices may be emailed to: [email protected].
B. Consultant’s acceptance of final payment made pursuant to this Agreement shall constitute a release of City from all claims and liabilities for compensation to Consultant for anything completed, finished or relating to the Services. City’s payment shall not constitute nor be deemed a release of the responsibility and liability of Consultant for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by City for any defect or error in the Services performed by Consultant and its employees, agents and subcontracted Consultants.
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C. Consultant shall provide City with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the Services performed by Consultant or materials or products provided to City by Consultant, Consultant shall pay the sales tax. City shall not reimburse Consultant for sales taxes paid by Consultant.
D. Non-Appropriation of Funds. Payments to be made to Consultant by City for the Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered appropriation of City. In the event City does not appropriate sufficient funds for payment of the Services beyond the current fiscal year, this Agreement shall cover payment for the Services only up to the conclusion of the last fiscal year in which City appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.
12.OPTION TO EXTEND AGREEMENT. When in the City’s best interest, this Agreement may only be extended, if the City, in its discretion, exercises an option term in accordance with Section 4 subparagraphs (B) and (C) of this Agreement.
The initial term, plus any option to extend shall not exceed a total of five (5) years. If no option to extend the Agreement appears in section 4(B), then this Agreement shall not be extended.
13.MODIFICATION OF AGREEMENT. This Agreement may be amended, modified, or otherwise altered, or its provisions waived, only upon mutual consent of the Parties by written amendment, and as authorized by the Oxnard City Code, Sections 4-59 and 4-60. The City may request that the Consultant perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper completion of the project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. A written amendment signed by both Parties shall be required to authorize performance of and payment for Extra Services.
14.TERMINATION OF AGREEMENT. City may terminate this Agreement at any time, with or without cause and without penalty, upon fifteen (15) calendar days’ prior written notice pursuant to Section 22 of this Agreement. Such termination shall be effective on the date specified in the notice, or if no date is specified, then fifteen (15) calendar days from the date of the notice. City shall be liable to Consultant only for work done by Consultant up to and including the date of termination of this Agreement unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law. Consultant may terminate this Agreement at any time during the term of the Agreement by giving the City sixty (60) calendar days’ prior written notice.
15.[INTENTIONALLY OMITTED]
16.INDEPENDENT CONTRACTOR. Consultant is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its employees or agents shall have control over the conduct of Consultant or any of its employees, pg. 4
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except as stated in this Agreement. Consultant has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting Consultant. This Agreement shall not be interpreted to prevent or preclude Consultant from rendering any Services for Consultant’s own account or to any other person or entity as Consultant in its sole discretion shall determine; provided, however, that performing such Services shall not materially interfere with the Services the Consultant shall perform for the City. The City retains the right to provide general instructions to and observe the Consultant in the performance of all Services done on behalf of the City.
Consultant and its employees, subconsultants, and agents have no authority, express or implied, to act on behalf of City in any capacity, to incur any debt, obligation or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent. Consultant and its employees are not employees of City.
Consultant and its employees are not entitled to receive from City any of the benefits or rights afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long-term disability and workers’ compensation insurance benefits. Consultant shall not, at any time or in any manner, represent that it or any of its agents, subconsultants, or employees are in any manner agents, subconsultants, or employees of City.
17.LAWFUL PERFORMANCE. Consultant shall abide by all federal, state, and local laws and regulations as may be related to the performance of duties under this Agreement. Consultant, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of Services under this Agreement.
18.SAFETY REQUIREMENTS. Consultant shall not perform any Services for the City when the Consultant is impaired by alcohol or a controlled substance. When there is reasonable cause to believe that any person has violated this provision, that person shall be immediately removed from the premises and be subject to any applicable civil and/or criminal penalties under the City’s Code and/or under state law. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public. The City reserves the right to issue restraining or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The acceptance of Consultant 's work by City shall not operate as a release of the Consultant from such standard of care and workmanship.
19.STANDARD OF PERFORMANCE; WARRANTY. Consultant agrees to perform all Services required by this Agreement in a professional and competent manner, in accordance with the degree of skill and diligence which is normally employed by reputable professionals performing similar Services under similar conditions in the same or similar locality. Such Services shall also be performed in a manner which is reasonably satisfactory to City Project Manager, or designee (hereinafter the “Project Manager”), provided that discretion in determining what is satisfactory shall not alter the foregoing standard of care.
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A. In accordance with the standard of care set forth in the first sentence of Section 19, the Consultant agrees that it:
(1) Has thoroughly reviewed and considered the services and work to be performed; and
(2) Has reviewed the issues regarding the Scope of Services to be provided; and
(3) Has carefully considered how the services and related work should be performed; and
(4) Fully understands the facilities, difficulties and restrictions associated with performance of the services required by this Agreement.
20.OWNERSHIP OF CONSULTANT’S WORK PRODUCT, CONFIDENTIALITY & DISCLOSURE, RECORDS & WARRANTY. City shall be the owner of any and all technical documents and records, including, computations, plans, correspondence, and/or other pertinent data and information, both hard copy and electronic, gathered or prepared by Consultant in performance of this Agreement and shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when the same may be requested by City.
A. Ownership of Documents. Every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by the Consultant pursuant to or in connection with this Agreement shall be the exclusive property of the City.
B. Deliverables. Consultant shall deliver to the City the studies, plans, specifications, or other documents as are identified in the Scope of Services; and Consultant shall, upon completion of all work or termination of this Agreement, submit to the City all information developed in the course of the Consultant 's services. Consultant shall, in such time and in such form as the City may require, furnish reports concerning the status of Services required under this Agreement.
Consultant shall, upon request by City and upon completion or termination of this Agreement, deliver to the City all material furnished to Consultant by the City.
C. Records and Inspections. The Consultant shall maintain full and accurate records, with respect to all Services and matters covered under this Agreement. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.
The City shall have free access at all reasonable times to such records, both hard copy and electronic, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities.
D. Confidentiality. Information that is exempt from disclosure to the public is confidential. This includes information relating to the past, present, or future affairs of the City or information belonging to a third party whose information is in the City’s possession or control under obligations of pg. 6
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confidentiality. Consultant may be granted access to information that is exempt from disclosure to the public (Government Code Section 7920.505) and may contain “trade secrets” (see Government Code Section 7924.510(f)) when it is necessary for Consultant to perform its obligations pursuant to this Agreement. If Consultant is granted such access to confidential information, Consultant shall not be considered to be a member of the public as that term is used in Government Code Section 7920.515.
E. Disclosure of Information. Consultant shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the projects assigned to Consultant by the City or other information to which the Consultant has had access during the term of this Agreement without the prior written approval of the City’s Designated Representative during the term of this Agreement and for a period of two (2) years after the termination of this Agreement.
F. No Warranty. Other than an obligation upon the City to deal in good faith, the City makes no warranties and shall bear no liability or responsibility for errors or omissions in any Confidential Information disclosed under this Agreement or for any business decisions made by Consultant in reliance on any Confidential Information disclosed under this Agreement.
21.NOTICE OF BREACH AND OPPORTUNITY TO CURE. Neither Party will be in breach of this Agreement where the breach is capable of being cured, or until written notice of the breach is received from the non-breaching Party. The Party charged with breach will have fifteen (15) calendar days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other Party within fifteen (15) days from the date on which the breaching Party received notice of breach, the non-breaching Party may terminate this Agreement. Notice shall be given in the manner set forth in section 22.
22.NOTICE. All notices given or required to be given pursuant to this Agreement shall be in writing and may be given by personal delivery or by first-class mail. Notice sent by mail shall be addressed to each Party’s Designated Representative as set forth above in Section 7. When addressed in accordance with this Section, such notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices shall be deemed given at the time of actual delivery.
Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section.
23.INDEMNIFICATION, HOLD HARMLESS & DEFENSE. Except as set forth in Subsection b of this Section 23, and to the fullest extent permitted by law, Consultant shall immediately defend, indemnify, and hold harmless the City, its officers, employees, representatives, and agents (the “City Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, pg. 7
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deaths, or property damage, including property owned by the City (collectively “Claims”) which may arise out of Consultant's negligence or willful misconduct in the performance of the services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the City Indemnitees.
A. The provisions of this Subsection b apply only in the event that Consultant is a design professional within the meaning of California Civil Code section 2782.8 (“Design Professional”). The term Design Professional, as defined in said section, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code.
(1) Notwithstanding the provisions of Section 23 above, to the extent that the services to be provided under this Agreement are those of a Design Professional, Consultant's duty to indemnify, hold harmless, and defend the City Indemnitees shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or subconsultants in the performance of the services described in this Agreement.
(2) In no event shall the costs of defense charged to Consultant exceed the Consultant’s proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this reference. Nothing in this Subsection b shall be construed to require Consultant to provide indemnification for Claims caused by the active negligence or willful misconduct of the City Indemnitees.
B. The City does not and shall not waive any rights that it may have against Consultant under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section 23 shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.
C. The obligation to indemnify and defend, as set forth in this Section 23, is binding on the successors, assigns, or heirs of Consultant and shall survive the expiration or any early termination of this Agreement.
24.INSURANCE. Consultant shall obtain and maintain during the performance of any Services under this Agreement the insurance coverages listed within “Exhibit C”, which is attached hereto and incorporated herein by this reference, unless the Risk Manager waives, in writing, the requirement that Consultant obtain and maintain such insurance coverages. Such insurance must be issued by a company satisfactory to the Risk Manager. Consultant shall, before performance of any Services pursuant to this Agreement, file with the Risk Manager evidence of pg. 8
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insurance coverage as specified in “Exhibit C”. Maintenance of insurance coverages by Consultant is a material element of this Agreement. Consultant’s failure to maintain or renew insurance coverages or to provide renewal evidence shall be considered a material breach of this Agreement.
25.LIVING WAGE REQUIREMENTS. During the term of this Agreement, Consultant understands and agrees that if Living Wages are applicable, subject to the 2002 Oxnard City Council Living Wage Policy, attached as “Exhibit D” to this Agreement, Consultant will pay and/or provide the wages and/or benefits required therein to all of its employees engaged in whole or in part in performing the Services provided for by this Agreement. The Living Wage is updated on July 1 of each year, and the duty to pay the correct wage is the responsibility of the Consultant.
26.[INTENTIONALLY OMITTED]
27.[RESERVED]
28.SUBCONTRACTING. If Consultant requires the assistance of a subcontractor to render any Services under this Agreement, Consultant shall obtain prior written consent from the City before a subcontractor performs any service pursuant to this Agreement. All subcontractors shall be identified in the Scope of Work attached to this Agreement as “Exhibit A”. Consultant is fully responsible for satisfactory completion of all its subcontractors’ work. All subcontractors shall be properly licensed and insured; and bonded, if applicable. Consultant shall be responsible for all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with subcontractors performance pursuant to this Agreement or subcontractors failure to comply with any of its obligations in connection with this Agreement.
29.CONFLICT OF INTEREST. Consultant covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Consultant’s Services under this Agreement.
Consultant further covenants that in the performance of Services under this Agreement, no officer, employee or agent of Consultant having such interest shall be employed by it. In the event the City determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk. Acquisition or maintenance of a conflicting interest by Consultant may result in termination of this Agreement by the City.
30.DISPUTES. Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this Agreement, shall be decided by the City’s Designated Representative, who shall reduce this decision to writing and mail a copy to the Consultant. The decision of the City’s Designated Representative shall be final and conclusive unless Consultant requests mediation within ten (10) calendar days. Pending final decision of a dispute, the Consultant shall proceed diligently with the performance of the Agreement and in accordance with the decision of the City’s Designated Representative.
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31.DISPUTE RESOLUTION. Should an unresolved dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within a reasonable time not to exceed forty-five (45) days of a request.
The mediator shall be agreed to by the mediating Parties. In the absence of an Agreement on a mediator, the Parties shall each submit one name from mediators listed by the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a “blindfold” process. The cost of mediation shall be borne equally by both Parties. Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until Agreement is reached by the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.
32.ASSIGNMENT. This Agreement is for the professional Services of Consultant. Any attempt by Consultant to assign the benefits or burdens of this Agreement without the prior written approval of City shall be prohibited and shall be null and void.
Consultant's Services pursuant to this Agreement shall be provided by the Consultant’s Designated Representative or directly under his/her supervision, and Consultant shall not assign another to supervise the Consultant 's performance of this Agreement without the prior written approval of City, by and through the City’s Designated Representative.
33.CARE OF WORK. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by the City, Consultant shall immediately inform the City of such fact and shall not provide any Services, except at Consultant’s risk, until written instructions are received from the Project Manager.
34.REPORTS. Upon request by the Project Manager or as otherwise required by this Agreement, including but not limited to, the Scope of Services set forth in Exhibit “A”, Consultant shall prepare and submit reports to the City concerning Consultant's performance of the Services required by this Agreement.
35.AUDIT. City shall have the option of inspecting, auditing and/or reproducing all records and other written materials used by Consultant in preparing its billings to City as a condition precedent to any payment to Consultant, or for other purposes relating to the Agreement. Consultant will promptly furnish all documents requested by City. Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit Consultant for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, Consultant shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by City, whichever occurs later. Consultant shall maintain all such records in City or to promptly reimburse City for all reasonable costs incurred in conducting the audit at a location other than in City, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. Consultant shall include a copy of this Section in all contracts with its subcontractors, and Consultant pg. 10
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shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or City.
36.ADVERTISING AND PUBLICITY. Consultant shall not use the name of or refer to City directly or indirectly in any advertisement, news release, or professional or trade publication without prior written approval from the City Manager. This Section shall survive the termination of this Agreement.
37.NONDISCRIMINATORY EMPLOYMENT. Consultant shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status. Consultant understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, Consultant shall be responsible for such subcontractor’s compliance with this Section.
38.COVENANTS AND CONDITIONS. Each term and each provision of this Agreement to be performed by Consultant shall be construed to be both a covenant and a condition.
39.WAIVER. City’s review or acceptance of, or payment for, work product prepared by Consultant under this Agreement will not be construed to operate as a waiver of any rights City may have under this Agreement or of any cause of action arising from Consultant’s performance. A waiver by City of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
40.FORCE MAJEURE. Neither the Consultant nor the City shall be responsible for any delay caused by any contingency beyond their control, including, but not limited to, war or insurrection, walkouts by the Party’s own employees, fires, natural calamities, riots, or demands or requirements of governmental agencies other than the City.
41.GOVERNING LAW. The terms of this Agreement shall be interpreted according to the laws of the State of California. Should litigation occur, venue shall be in the Superior Court of California, County of Ventura.
42.SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect and be enforceable.
43.INTEGRATED AGREEMENT. This Agreement and the attached exhibits referenced herein to this Agreement represent the entire understanding between the Parties. No verbal Agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the Parties to this Agreement and any subsequent successors and assigns.
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44.NO THIRD-PARTY BENEFICIARY. This Agreement shall not be construed to be an Agreement for the benefit of any third-party or parties, and no third party or parties shall have any claim or right of action under this Agreement.
45.AUTHORITY TO EXECUTE. Each Party hereto expressly warrants and represents that the signatories to this Agreement have the authority to execute this Agreement on behalf of its corporation, partnership, business entity, or governmental entity, and warrants and represents that the signatories have the authority to bind each Party to the performance of its obligations hereunder.
46.EXECUTION – COUNTERPARTS. This Agreement may be executed in any number of counterparts and each such duplicate counterpart shall constitute an original, but they shall not be effective nor enforceable unless and until it is executed with the handwritten signature or electronic signature of an authorized representative of each of the relevant Parties. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterpart executed by the other Party to this Agreement is in the physical possession of the Party seeking enforcement thereof.
47.INCONSISTENT OR CONFLICTING TERMS. In the event of any contradictions or inconsistencies between any attached documents or exhibits incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control. Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the City are not binding upon the City and City’s Designated Representative unless specifically agreed to in writing, and initiated by City’s Designated Representative, as to each additional contractual term or condition.
48.CAPTIONS AND HEADINGS. The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content, scope, or intent of the provisions described under the respective caption or heading.
49.ACKNOWLEDGEMENT. By signing below, Consultant acknowledges that it has reviewed the City’s Professional Services Agreement terms and conditions and insurance requirements and that Consultant hereby agrees to full compliance. [Signatures on next page]
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IN WITNESS WHEREOF, the Parties have entered into this Agreement effective on the date as written in Section 4 and upon signature of all Parties.
CITY OF OXNARD CBRE, Inc.
☐Luis Mc Arthur, Mayor1 Date John Frager, Date
Executive Manager Director
ATTEST:
Lourdes A. López, City Clerk Date
APPROVED AS TO FORM:
Stephen M. Fischer, CITY Date
Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $200,000. pg. 13
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EXHIBIT A
PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and CBRE, Inc.)
SCOPE OF SERVICES
Consultant shall:
1) Evaluate properties owned or to be purchased by the City of Oxnard; Successor Agency, Oxnard Housing Authority; Oxnard Parking Authority or related entity as identified and directed by City staff
2) Develop strategies for sale and purchase of properties as identified and directed by City staff
3) Provide a value estimate or potential rent of real property 4) Negotiate the purchase and sale of real property as identified and directed by City staff
5) Procure and provide real estate services and reports needed in consideration of a potential real property transaction including but not limited to property inspections, appraisals, title reports, development capacity studies, requests for proposals, marketing and advertising, title and escrow services
6) Procure and provide real estate transaction closings 7) Complete other customary activities and services associated with real estate transactions
8) Consult with City staff and City Council relating to the purchase and sale of real estate
9) Present at public meetings as requested by City staff 10)Prepare and produce marketing materials and advertisements 11)Preparation (or assist in the preparation) of a plan for various City-owned properties in order to either lease, sell, or otherwise realize capital appreciation 12)Prepare or review market analysis of a site or proposed uses 13)Prepare promotional advertising materials (including use of Social Media) for City owned property or City commercial development projects
14)Advise on the highest and best use for sites, specific to local market conditions and other economic factors
15)Identify and screen prospective business partners (including investors, owners and tenants)
16)Coordinate solicitations for real estate development with brokers, tenants, owners and developers
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17)Cooperate with the City’s representative for the development of City-owned property 18)Provide expertise and consulting as it relates to a wide variety of potential real estate transactions
19)Review and analyze impacts of federal, state and local laws as it pertains to (project specific) real estate development and activity pursued by the City 20)Provide regularly written progress reports and updates on brokerage activity (upon request from the City)
21)Schedule and attend meetings and conferences with prospective third parties, including brokers, tenants, businesses and property owners. 22)Attend and prepare presentations for public meetings (i.e. City Council Meetings) 23)Perform any other work related to real estate brokerage and consulting services as it may occur.
CITY PROJECT MANAGER FOR THIS AGREEMENT:
Alexander Nguyen, 805.385.7449, [email protected] Licensing and Professional Certification
Required
Real Estate License issued by the California Department of Real Estate General Specifications
Safety
All work conducted by the Consultant and its representative shall conform to current applicable California Occupational Safety and Health Administration (CAL-OSHA) laws and regulations. Consultant shall maintain safety certifications and provide City with copies of training records.
Consultant must provide staff that has current confined space and hazardous materials training. Consultant must provide and Personal Protective Equipment (PPE) to staff as needed for working conditions.
Consultant must strive to maintain good public relations at all times. The work must be conducted in a manner, which will cause the least possible interference and annoyance to the public. Work must be performed by competent employees and supervised by an experienced, foreman or supervisor.
Accident Reporting
Consultant shall immediately notify the City of any accident, regardless of whether or not injury or damage is evident, involving the Consultant’s staff, vehicles, or equipment while on the work site. Consultant shall take photo documentation of damage and immediately report to appropriate City contact. Consultant shall document any damage that exists before the onset of work. The Consultant shall take photographs of existing damage and report to appropriate City contact prior to commencing any work. Any damage caused as a result of the Consultant’s actions shall be the sole responsibility of the Consultant to repair or pay in full for damages.
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Invoicing and Billing
Invoicing for services rendered is required for proper payment. The work must be identified on the invoice.
Subcontracting
Consultant, when required, may employ third party vendors or subcontractors to complete certain services or Task Orders required or issued by the City. Consultant is solely responsible for oversight and payment of subcontracts, pursuant to Section 28 of the Agreement.
pg. 16
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EXHIBIT B
PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and CBRE Inc.)
SCHEDULE OF COMPENSATION
1. CBRE shall invoice the City of Oxnard on a monthly basis in the amount of $8,333.33 for a total annual compensation of $100,000 for the regular and monthly scope of services contemplated in this agreement.
2. Consultant shall invoice subcontractor / third party vendor costs, on a cost as incurred basis for services authorized by the City.
SCHEDULE OF COMPENSATION AND COMMISSIONS FOR TRANSACTIONS Job Classification Wage Hourly Rate
Account Lead $ 350.00
Deputy Account Lead $ 275.00
Marketing Support $ 175.00
Broker Team $ 350.00
Commissionable Events:
In the event a transaction is completed on behalf of the City, CBRE will first seek a third-party commission from either a third- party property owner or lessor. If a third-party owner or lessor is unwilling to pay CBRE a commission on a transaction, CBRE will then seek to be compensated a commission from the City only when approved by the City. These fees reflect commission payable to CBRE only. Any outside brokers or buyer representation will be responsible for seeking commissions from their principals, unless the City believes it to be prudent to offer a supplemental outside representation fee at its discretion. Commissions will be charged per transaction as set forth within the tables included within this agreement. Commissions shall be paid through property sale proceeds and not the Agreement fund balance.
Commission Credit and Rebate:
When any transaction is successfully completed and commissions are received, CBRE will credit back 15% of the commission to the City as part of that transaction. pg. 17
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EXHIBIT C
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and CBRE Inc.)
INSURANCE REQUIREMENTS
Prior to contract approval and beginning of services under this agreement, Consultant must procure, agree to maintain and supply evidence of insurance at the levels listed and in accordance with the other provisions listed in this document.
ATTACHED CITY’S INSURANCE FORM HERE:
INS-A
pg. 20
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EXHIBIT D
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and CBRE Inc.)
LIVING WAGE POLICY
Pursuant to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in all standard Consultant/Professional Services contracts that may be governed by the Living Wage Policy.
A. Consultant shall compensate any employee of Consultant who provides Services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit. While this Agreement is in effect, Consultant shall pay such employee no less than $19.51 per hour for each hour that such employee provides Services under this Agreement. In addition, while this Agreement is in effect, Consultant shall provide to such employee no less than 96 hours of paid leave per calendar year.
B. Consultant agrees to post, at a location readily accessible to those employees providing Services to the City, a copy of the Living Wage Policy adopted by City Council on July 9, 2002 and effective October 1, 2002.
C. If Consultant fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to Consultant, effective immediately.
D. In addition, if Consultant fails to comply with the Living Wage Policy in any manner, Consultant shall pay to City a fine of $500 and shall pay to any employee providing Services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Consultant shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to Consultant of the amount owed. pg. 26
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CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2024
Consultant shall compensate any employee of Consultant who provides Services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit D. While this Agreement is in effect, Consultant shall pay such employee no less than $19.51 per hour for each hour that such employee provides Services under this Agreement. This hourly rate shall be adjusted on July 1, 2024, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982-84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, Consultant shall provide to such employee no less than 96 hours of paid leave per calendar year.
a. Consultant agrees to post, at a location readily accessible to those employees providing Services to the City, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002 and effective October 1, 2002. b. If Consultant fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to Consultant, effective immediately.
c. In addition, if Consultant fails to comply with the Living Wage Policy in any manner, Consultant shall pay to City a fine of $500 and shall pay to any employee providing Services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Consultant shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to Consultant of the amount owed. pg. 27
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Emilio Ramirez
Housing Director
City Council
December 17, 2024
Consultant and Professional Services
Agreement for Real Property Services
with CBRE
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Background
2 1. The City of Oxnard has contracted with CBRE for real estate services since December of 2019
2. CBRE provides full service commercial real estate services, which include real property evaluations, listing, representation and negotiation of properties for potential acquisition or disposition by the City of Oxnard and its affiliates
3. Previously, the City and CBRE entered into Professional Services Agreement No. 9576-22-HO, which was extended three times and will expire in January of 2025
4. CBRE has provided a myriad of specialized real estate services to the City, including successfully negotiating the acquisition and disposition of several properties on behalf of the City of Oxnard
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Prior Performance
3 Staff has had a positive experience in its contractual history with CBRE and recommends the City enter into a new agreement with CBRE to continue real estate services
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Proposed Agreement with CBRE
4 1. Staff issued a Request for Proposals for contract real estate services
2. CBRE was the only respondent to the City’s RFP and staff determined that the proposal from CBRE was responsive and cost-effective
3. An 18 month initial term from January 1, 2025 to June 30, 2026
4. Three consecutive (1) one year options to extend the agreement which would allow a potential term through June 30, 2029
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Proposed Agreement with CBRE
5 1. A total contract amount of $675,000
2. Annual amount of $100,000 for each twelve month period for the services described in the scope of services
3. An additional amount $50,000 for each twelve month period designated for CBRE to contract directly with third party vendors as needed to complete all task orders from the City of Oxnard
4. This is a City wide agreement that may be utilized by different departments such as Housing and Public Works
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Scope of Services
6 Scope of services include
1. Evaluating, listing, representation and negotiation of properties for potential acquisition or disposition by the City of Oxnard and any affiliate;
2. Procuring reports and third-party services needed in consideration of potential real property transactions including, but not limited to, property inspections, appraisals, title reports, development capacity studies, requests for proposals, marketing and advertising, title and escrow services; and
3. Preparation of plans and market analysis for various City-owned properties in order to either lease, sell, or otherwise realize capital appreciation. 347
Financial Impact
7 1. There is sufficient FY2024-25 funding available in the General Fund (101) Housing department's operating budget financial impacts associated with the monthly and potential third party vendors of this agreement. Funding of future fiscal years will be included in the recommended budget of each Fiscal Year.
2. The Housing Department and Public Works will continue to work with the Finance Department to ensure the availability of funds prior to assignment of each major task under the agreement.
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Recommendation
8 That the City Council
Approve and authorize the Mayor to execute a Consultant and Professional Services Agreement (Agreement No. 325001360) with CBRE for Real Property Services for an initial term of 18 months with three one year options to extend, for an agreement amount not to exceed $675,000
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Thank you
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CITY COUNCIL AGENDA REPORT
REPORTS
AGENDA ITEM NO. K.2
DATE: December 17, 2024
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Public Project Agreement 32500276 with Ayala Engineering, Inc. for Eastern Trunk Sewer Manhole Rehabilitation, Phase 1 (Rebid No. 2), Specification No. PW 22-25R2. (10 minutes)
RECOMMENDATION
That the City Council approve and authorize:
1. A total of $3,427,200 in Project funds for the Eastern Trunk Sewer Manhole Rehabilitation, Phase 1,(Rebid-2), Specification No. PW 22-25R2;
2. The Mayor to Execute an Agreement with Ayala Engineering, Inc. for $2,856,000 and a Project contingency amount of $285,600 (10%) for a total not to exceed value of $3,141,600 for the Project; and
3. A Project allocation amount of $285,600 (10%) for engineering, inspection, survey and project management for the Project.
(This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.) Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/vWfTNB04v_k
BACKGROUND
The City of Oxnard owns and operates a wastewater system that consists of a 31.7 million gallons per day (MGD) wastewater treatment plant, approximately 400 miles of gravity sewer system and 15 lift stations. The gravity sewer system includes three major trunk lines – the Redwood Trunk, Central Trunk and Eastern Trunk. Manholes on the Eastern Trunk have exhibited high rates of corrosion and deterioration resulting in a number of failures. Eastern Trunk receives inflows from industrial and commercial customers resulting in variable flow rates, turbulence, and release of hydrogen sulfide, which deteriorates the concrete manholes. After a thorough condition assessment was completed it was determined that several repairs are necessary.
The Eastern Trunk Sewer Manhole Replacement Project Phase I Project includes furnishing all necessary labor, materials, equipment, and other incidentals for the rehabilitation of 150 existing manholes, and the replacement of 152 existing cast iron manhole frames and covers.
Capital Improvement Program (CIP) Reference:
Project No. C2234 – Eastern Trunk Sewer Manhole Rehabilitation, Phase 1 (Rebid No. 2), Specification No. PW 22- 25R2 - CIP 2025-2029 - Adopted June 4, 2024 – Page 146.
DISCUSSION
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The Project includes varying degrees of rehabilitation including concrete repair, coating, and replacement of manhole frames and covers. The work is tentatively scheduled to begin in early calendar year of 2025 and continue into the early calendar year 2026 (260 working days) absent any delays due to supply chain issues, unforeseen site conditions or weather. Staff will work closely with the neighborhood councils to keep them informed of the schedule and will also work closely with the businesses and residents directly impacted by the work to keep them informed of the project schedule. As designed, sewer service to all customers is anticipated to not be interrupted.
The notice inviting formal bids (NIFB) on the Project was published on September 26, 2024, and all bids were due and opened on October 29, 2024. The City received the following bid:
Ayala Engineering, Inc.: $2,856,000
The sole bidder is Ayala Engineering, Inc. and its bid is responsive to the City’s NIFB. Following this determination, procurement staff reviewed all documentation received from Ayala Engineering, Inc. The bid is within 5% of the engineer’s estimate of $3,019,000. 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. Ayala Engineering, Inc. previously completed the Central Trunk Sewer Manhole Rehabilitation Project. Thus, staff recommends that the City Council award the contract for this Project to Ayala Engineering, Inc.
In addition to the project award amount of $2,856,000, Staff recommends authorizing $571,200 for the project, which includes $285,600 for project contingency (10% of the contract costs) and $285,600 for the cost of engineering services and City staff (10% of the contract cost). Engineering services include the following activities during construction:
engineering, inspection, survey and project management. These recommendations bring the total estimated cost of the project to $3,427,200.
STRATEGIC PRIORITIES
This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.
FINANCIAL IMPACT
The total cost for this Project shall not exceed $3,427,200 which includes the construction agreement, contingency, and project allocation. The Eastern Trunk Sewer Manhole Rehabilitation Project, Phase 1, Project C2234 has a total available project budget balance of approximately $3.77M in the Wastewater Capital Fund (612), funded from the Wastewater Operating Fund (611), to fund this Project.
COMMITTEE OUTCOME
This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.
Prepared by: Timothy Beaman, Assistant Public Works Director
ATTACHMENTS
1. Agreement 32500276 Ayala Eng PW 22-25R2
2. Presentation
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Agreement No. 32500276
1 CONSTRUCTION CONTRACT FOR
EASTERN TRUNK SEWER MANHOLE REHABILITATION PROJECT, PHASE 1 (REBID 2)
SPECIFICATION NO. PW 22-25R2
BY AND BETWEEN
THE CITY OF OXNARD
AND AYALA ENGINEERING, INC.
THIS CONSTRUCTION CONTRACT (the “Contract”) is made and entered this 17th day of December, 2024 (“Effective Date”), by and between the CITY OF OXNARD, a California municipal corporation (“City”) and Ayala Engineering, Inc. (“Contractor”), a California corporation.
Contractor’s license number is 959385. The City and Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.” WHEREAS, the City requires construction of the Eastern Trunk Sewer Manhole Rehabilitation Project, Phase 1 (Rebid 2) as more fully described in the bid package issued by the City for Specification No. PW 22-25R2 (the “Project”); and
WHEREAS, on September 26, 2024 the City issued a Notice Inviting Bids and Contract Documents to prospective bidders for the Project. In response, Contractor submitted a Bid which the City determined to be the lowest responsive and responsible bid; and WHEREAS, Contractor is a duly organized corporation in good standing in the State of California, and represents that it has the background, knowledge, experience, expertise and resources to perform the Work and other obligations encompassed by this Contract; and WHEREAS, at its meeting held on December 17, 2024, the Oxnard City Council duly accepted Contractor’s Bid Proposal for the Project and directed that a written agreement for the Project be entered into with Contractor; the Public Works Department accepted the Contractor’s Bid Proposal for the Project and directed that a written agreement for the Project be entered into with Contractor; and
WHEREAS, in light of the facts set forth above and the certifications made by Contractor as part of its Bid, the City desires to retain Contractor to perform the construction Work for the Project as set forth in this Contract and in the Contract Documents, as hereinafter described.
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO AGREE AS FOLLOWS:
1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Contract by this reference, as though set forth herein.
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2 2. CONTRACT DOCUMENTS; ORDER OF PRECEDENCE
A. Contract Documents. The Contract Documents consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference.
Said Contact Documents are complementary; what is called for in one is binding as if called for in all, and together constitutes Contractor’s performance obligations:
1. Special Provisions;
2. General Provisions;
3. Appendices;
4. Plans;
5. Regulatory Permits from other agencies as may be required by law;
6. Contract and its attached Exhibits, subject to the limitations in Sections 10 (“Prevailing Wage”) and 24 (“Ambiguities”) with respect to Exhibit “A” (Contractor’s submitted Bid Proposal as accepted by the City);
7. Change Orders issued and approved by the City;
8. Bid Addenda issued by the City;
9. Notice Inviting Bids and Instructions to Bidders;
10. Bid Forms and attachment thereto;
11. Performance Bond;
12. Payment Bond.
3. CONTRACTOR’S OBLIGATIONS
A. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents, and to the satisfaction of the Public Works Director or his/her designee (hereinafter the “Project Manager”).
B. Until the acceptance of the Work, the Contractor shall have the responsible charge and care of the Work and of the materials to be used therein, (including materials for which partial payment has been received or materials which have been furnished by the Owner), and shall bear the risk of injury, loss or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the nonexecution of the Work.
C. The Contractor shall rebuild, repair, restore, and make good all injuries, losses, damages to any portion of the Work or the materials occasioned by any cause before its completion and acceptance, and shall bear the expense thereof. Where necessary to protect the Work or materials from damage, the Contractor shall, at the Contractor’s expense, provide suitable drainage and erect such temporary structures as are necessary to protect the Work or materials from damage.
D. The suspension of the Work from any cause whatever shall not relieve the Contractor of his responsibility for the Work and materials as herein specified. If ordered by the Owner’s Representative, the Contractor shall, at the Contractor’s sole cost and expense, properly 354
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3 store materials which have been partially paid for by the Owner or which have been furnished by the Owner. Such storage by the Contractor shall be on behalf of the Owner, and the Owner shall, at all times, be entitled to the possession of such materials, and the Contractor shall promptly return the same to the site for the work when requested. The Contractor shall not dispose of any of the materials so stored, except with written authorization from the Owner.
E. In an emergency affecting the safety of life or property, including adjoining property, the Contractor, without special instructions or authorizations, is authorized to act at the Contractor’s discretion to prevent such threatened loss or injury, and shall so act as though instructed to do so by the Owner.
F. Notwithstanding the foregoing provisions of this article, the Contractor shall not be responsible for the cost of repairing or restoring damage to the work, which damage is determined to have been proximately caused by an Act of God, in excess of five (5) percent of the contracted amount, provided the work is built in accordance with accepted and applicable building standards and the approved Plans and Specifications.
1. “Acts of God” shall include earthquakes in excess of a magnitude of 3.5 on the Richter Scale, wildfires and tidal waves.
4. LICENSES REQUIRED
A. The Contractor shall possess a valid Class A Contractor’s license issued by California State Contractors License Board.
B. If traffic control in a construction zone is required, it must be performed by a State of California Construction Zone Traffic Control Contractor, Specialty License Classification C-31.
C. In accordance with Section 7028.15 of the Business and Professions Code, all Contractors shall be licensed in accordance with the laws of the State of California and any Contractor or Subcontractor not so licensed is subject to the penalties imposed by such laws.
D. The Contractor will also be required to possess a City of Oxnard business license at the time of Contract award.
5. CONTRACT PRICE; PAYMENT AND RETENTION
A. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor two million, eight hundred and fifty-six thousand dollars ($2,856,000) (the “Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with Contractor’s Bid Proposal (attached hereto as Exhibit “A”) subject to the provisions of this Contract and the Contract Documents.
B. Procedures relating to payment and retention are set forth in the Special Provisions.
6. CONTRACT TIME; NOTICE TO PROCEED; TERM
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4 A. Contract Time. The Work under this Agreement shall be diligently prosecuted to completion before expiration of two hundred sixty (260) Working Days, after the issuance of the Notice to Proceed. The City will not issue a Notice to Proceed to the Contractor until this Contract, including payment and performance bonds, insurance documents, business tax certificate have been executed and/or approved by the City.
B. Notice to Proceed. No work, service, material, or equipment shall be performed or furnished under this Contract unless and until a Notice to Proceed has been given to the Contractor by the City. Contractor shall commence Work pursuant to the Contract Documents and as directed by the City in the Notice to Proceed, and diligently execute the same to completion within the Contract Time. Any Work that is done by the Contractor in advance of such time shall be considered as being done at the Contractor’s own risk and responsibility, and as a consequence will be subject to rejection.
C. Term. The Contract is effective as of the Effective Date listed, and shall remain in full force and effect until the Contractor has completed all Work pursuant to the Contract Documents, the City has accepted all Work, and the Contract Term has ended, unless the Contract has been otherwise terminated by the City.
7. DISPUTE RESOLUTION AND CLAIMS PROCEDURES
A. Public Contract Code Section 9204. For purposes of any Public Works Claims filed by a Contractor or Subcontractor (as those terms are defined in Public Contract Code Section 9204) under this Contract, the claims procedures in Public Contract Code Section 9204 (“Section 9204”) and the provisions of this Section shall apply.
1. In the event of a Section 9204 Public Works Claim, Contractor may not stop working pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work during the Section 9204 process.
2. Any Public Works Claims not resolved by the Section 9204 procedures (and/or any tort claims) shall be subject to the provisions of the Government Claims Act (Government Code section 810 et seq.).
B. Public Contract Code Section 20104 et al. For purposes of any Public Works Claims of three hundred and seventy-five thousand dollars ($375,000) or less filed by a Contractor or Subcontractor (as those terms are defined in Public Contract Code Section 9204), the claims procedures in Public Contract Code Section 20104.2 and the provisions of this Section shall apply.
1. In the event of a Section 20104 Public Works Claim, Contractor may not stop working pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work during the Section 20104.2 process.
2. Any Public Works Claims not resolved by the Section 20104.2 procedures (and/or any tort claims) shall be subject to the provisions of Section 20104.4 and the Government Claims Act (Government Code section 810 et seq.).
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5 C. For disputes or claims that do not constitute Public Works Claims, City and Contractor agree to comply with the following process:
1. Each Party shall designate a senior management or executive level representative to negotiate any dispute.
2. The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.
3. If the issue remains unresolved after ten (10) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by negotiation between the legal counsel for each Party. If the above process fails, the Parties may mutually agree to engage in non-binding mediation or arbitration in which the Parties equally share the costs of any mediator or arbitrator, or may proceed with suit or other remedies, subject to the provisions of subparagraph (5) of this Subsection and other applicable provisions and laws.
4. The alternative dispute resolution process set forth herein is a material condition to Contract and must be exhausted as an administrative remedy prior to either Party initiating legal action.
5. The provisions of the Government Claims Act (Government Code section 810 et seq.) are also required prior to initiating suit against the City.
8. TERMINATION OF AGREEMENT FOR CONVENIENCE
A. The City may, by providing thirty (30) days' advance written notice to Contractor, terminate this Agreement in whole or in part, whenever the City shall determine that such termination is in the best interests of the City, or when it becomes impracticable or impossible to proceed, or because of conditions or events beyond the control of the City. Any such termination shall be effected by delivery to Contractor of a Notice of Termination for Convenience, specifying the extent to which performance of Work under this Agreement is terminated, and the date upon which such termination becomes effective. Upon such termination, the obligations of the Contractor for portions of the Work already performed shall continue.
B. Upon receipt of a Notice of Termination for Convenience, the Contractor shall, unless the notice directs otherwise, do the following:
1. Immediately discontinue the Work to the extent specified in the notice.
2. Place no further orders or subcontracts for materials, equipment, services, or facilities, except as may be necessary to complete such portion(s) of the Work that are not to be discontinued.
3. Promptly cancel, on the most favorable terms reasonably possible, all subcontracts to the extent that they relate to the performance of the discontinued portion of the Work.
4. Thereafter do only such Work as may be necessary to preserve and protect the Work already in progress and to protect materials, plants, and equipment on the Project site or in transit thereto.
C. Upon such termination, the Contractor will be paid without duplication for:
1. Work completed in accordance with the Contract Documents prior to the effective date of the Notice of Termination for Convenience;
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6 2. Reasonable costs incurred in settlement of terminated contracts with Subcontractors, suppliers and others; and
3. Reasonable expenses directly attributable to termination.
The Contractor shall submit a final termination settlement proposal to the City no later than ninety (90) days from the effective date of termination, unless extended in writing by the City, upon written request by the Contractor. If the Contractor fails to submit a proposal, the City may determine the amount, if any, due the Contractor as a result of the termination. The City will pay the Contractor the amount it determines is reasonable. If the Contractor disagrees with the amount determined by the City as being reasonable, the Contractor shall provide notice to the City within thirty (30) Days of receipt of payment. Any amount due shall be subject to the dispute resolution provisions set forth in the Contract Documents.
D. Contractor shall include provisions in all of its subcontracts, purchase orders, and other contracts permitting termination for convenience by Contractor on terms that are consistent with this Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor under this Section 7.
9. TERMINATION FOR CONTRACTOR’S DEFAULT
A. Default. The City may terminate this Contract for Contractor’s default as set forth in this Section. The City will consider the Contractor in default of this Contract if, prior to the City’s acceptance of the Work, the Contractor:
1. becomes insolvent, assigns its assets for the benefit of its creditors, is unable to pay its debts as they become due, or is otherwise financially unable to complete the Work;
2. abandons the Work by failing to report to the Work site and diligently prosecute the Work to completion;
3. disregards written instructions from the City or materially violates provisions of the Contract Documents;
4. fails to prosecute the Work according to the schedule approved by the Engineer,
5. disregards laws or regulations of any public body having jurisdiction, or
6. commits continuous or repeated violations of regulatory or statutory safety requirements.
Notices, and other written communications regarding default between the Contractor, the City, and the Surety shall be transmitted in accordance with Section 25 (“NOTICES”) of this Contract.
B. Notice and Opportunity to Cure. The City will issue a written notice to cure the default to the Contractor and its Surety. The Contractor shall commence satisfactory corrective actions within five (5) Working Days after receipt. If the Contractor fails to commence satisfactory corrective action within five (5) Working Days after receipt of the notice to cure, or to diligently continue satisfactory and timely correction of the default thereafter, the City will consider the Contractor in default of the Contract and:
1. will terminate the Contractor’s right to perform under the Contract by issuing a written notice of termination for default to the Contractor and its Surety; 358
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7 2. may use any materials, equipment, tools or other facilities furnished by the Contractor to secure and maintain the Work site, and
3. may furnish labor, equipment, and materials the City deems necessary to secure and maintain the Job Site;
C. Remedies Cumulative. The provisions of this Section shall be in addition to all other legal rights and remedies available to the City. Termination of this Contract will not relieve the Surety of its obligation for any just claims arising out of the Work performed.
10. PREVAILING WAGE
A. Compliance with State Prevailing Wage Requirements. Pursuant to Labor Code Section 1773, the City has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in Ventura County, California from the Director of the Department of Industrial Relations (DIR) for each craft, classification, or type of worker needed to perform the Work required under this Contract. A copy of these prevailing wage rates are on file at the City’s Finance Department/Purchasing Division and shall be made available for review to any interested party on request. In addition, a copy of the prevailing rate of per diem wages may be obtained via the internet at:
http://www.dir.ca.gov/DLSR/PWD. Contractor and all Subcontractors shall pay not less than said specified State of California rates to all workers employed by them in the execution of the Work contemplated by this Contract, including workers performing Work covered by under Labor Code Sections 1720 and 1720.9. Contractor shall be responsible for using the correct and current prevailing wage rates. Contractor shall be solely responsible for using the correct wage decision or determination and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct prevailing wage.
B. Conflict. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the terms of this Section 10 and the provisions of Exhibit “A”, the terms of this Section 10 shall control and nothing herein shall be considered as an acceptance of the terms of Contractor’s Submitted Bid Proposal conflicting with the requirements of this Section 10.
C. Payroll Records. Contractor must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, including without limitation, those set forth in Title 8 of the California Code of Regulations, Section 16000 et seq. (hereinafter the “Regulations”), which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR.
1. Contractor and Subcontractor Obligations. Contractor and each Subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct; and 359
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8 b. Contractor or the Subcontractor has complied with the requirements of Labor Code §§ 1771, 1811, and 1815 for any Work performed by its employees on the Project.
2. Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to City, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code.
3. Enforcement. Upon notice of noncompliance with Labor Code § 1776, Contractor or Subcontractor has ten days in which to comply with the requirements of this section.
If Contractor or Subcontractor fails to do so within the ten-day period, Contractor or Subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Contractor.
D. Apprentices. Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated by reference.
E. Notices. Pursuant to Labor Code section 1771.4, Contractor is required to post all Job Site notices, including prevailing wage rates and other notices as required by regulation.
F. Other Labor Requirements. Contractor has the responsibility for and shall comply with all other requirements of California Labor Code Section 1720 et seq., the Regulations, and all other applicable State labor laws. Contractor further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor will require the same of all its Subcontractors.
G. Statutory Penalties. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced as follows:
1. Pursuant to Labor Code section 1775, the Contractor and any Subcontractor under it shall forfeit as a penalty to the City not more than two hundred dollars ($200.00), for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under this Contract by it or by any Subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.
2. The Contractor or Subcontractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Contract by the respective contractor or Subcontractor for each calendar day during which the worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of this Subsection. In awarding any contract for public work, Contractor must forfeit to City twenty-five dollars 360
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9 ($25.00) per day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day.
H. DIR Monitoring. Pursuant to Labor Code § 1771.4, the Contract for this Project is subject to compliance monitoring and enforcement by the DIR.
I. DIR Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its Subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all Subcontractors are registered at the time this Contract is entered into and maintain registration for the duration of the Project.
11. LIQUIDATED DAMAGES
If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of two hundred fifty dollars ($250) per day for each Calendar Day of unexcused delay in completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.
12. COMPLIANCE WITH LAWS
Contractor shall comply with all Laws applicable to the performance of the Work required by the Contract Documents, including any rule, regulation, or bylaw governing the conduct or performance of Contractor, its employees, officers, board members, agents, independent contractors, and Subcontractors. Unless otherwise specified in the Contract Documents, all required permits and licenses, including a City business license, shall be held or obtained by the Contractor at its sole expense and prior to commencing any Work hereunder.
13. WORKERS’ COMPENSATION CERTIFICATION
Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”
14. INSURANCE
Contractor shall procure and maintain at its own expense at all times during the period covered by this Contract (and through the one-year guarantee period following the date of City’s acceptance of the Project) the following policies of insurance as approved by the City’s Risk Manager as set forth in INS-G attached as Exhibit B to this Contract.
15. [RESERVED]
16. TIME OF THE ESSENCE
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10 Time is of the essence in the performance of this Contract.
17. INDEMNIFICATION
A. Notwithstanding the limits of any insurance and to the fullest extent permitted by law, Contractor shall indemnify the City, its elected or appointed officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (hereinafter "Claims or Liabilities") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the performance of the Work, operations, or activities of Contractor, its agents, employees, Subcontractors, or invitees on the Project, or arising or alleged to arise from the acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's performance of or failure to perform any term, provision, covenant or condition of this Contract, but excluding such Claims or Liabilities or portion of such Claims or Liabilities arising or alleged to arise from the active negligence, sole negligence, or willful misconduct of the City, its elected or appointed officials, officers, agents, volunteers, or employees, and in connection therewith:
1. Contractor will defend any action or actions filed in connection with any of said Claims or Liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
2. Contractor will promptly pay any judgment rendered against the City, its elected or appointed officials, officers, agents, volunteers, or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', Subcontractors' or invitees') performance of or failure to perform such Work, operations or activities hereunder; and Contractor agrees to save and hold the City, its elected or appointed officials, officers, agents, volunteers and employees harmless therefrom;
3. In the event the City, its elected or appointed officials, officers, agents, volunteers, or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the performance of or failure to perform the Work, operation, or activities of Contractor hereunder, Contractor shall pay to the City, its elected or appointed officials, officers, agents ,volunteers, or employees, any and all costs and expenses incurred by the City, its elected or appointed officers, officials, agents, volunteers, or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City;
4. Contractor's duty to defend, indemnify, and hold harmless as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of, or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to, the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, 362
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11 Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances Control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the PorterCologne Water Quality Control Act, as any of those statutes may be amended from time to time.
B. City will timely notify Contractor upon receipt of any third-party claim relating to the Contract, as required by Public Contract Code § 9201. The Contractor's indemnification and defense obligations pursuant to this Section shall survive the termination of this Contract. Contractor shall require the same indemnification from all Subcontractors.
18. THIRD PARTY CLAIMS
The City shall have full authority to compromise or otherwise settle any claim relating to the Project at any time. The City shall timely notify the Contractor of the receipt of any third-party claim relating to the Project. The City shall be entitled to recover its reasonable costs incurred in providing this notice.
The Contractor shall not have any authority to compromise or otherwise settle any claim relating to the Project; any effort by the Contractor to do so shall be deemed a breach of the Contract, and the City will not participate in any such compromise or settlement. Within five (5) Calendar Days of the date that the Contractor receives any third-party claim relating to this Project, the Contractor shall provide written notice thereof and a copy of the claim to the City Attorney.
19. CONFLICTS OF INTEREST
The Contractor shall not accept any employment or representation during the Contract Term or within twelve (12) months thereafter that is or may likely make the Contractor “financially interested,” as provided in Government Code Sections 1090 and 87100, in any decisions made by the City on any matter in connection with which the Contractor has been retained pursuant to the Contract Documents.”
20. REPORTS; BOOKS AND RECORDS; AUDIT
A. Upon request by the Project Manager, Contractor shall prepare and submit reports concerning Contractor's performance of the Work required by this Contract.
B. Contractor shall keep such books and records as shall be necessary to perform the work required by this Contract and enable the Project Manager to evaluate the cost and the performance of such Work.
C. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles, and Contractor and its subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred Project costs and matching funds by line item for the Project. The Project Manager and designees 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. 363
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12 D. Records and supporting documents pertaining to the use of funds paid to Contractor hereunder shall be retained by Contractor and made available to the Project Manager for purposes of performing an audit for a period of five (5) years from the termination of this Contract.
21. NONDISCRIMINATORY EMPLOYMENT
A. The Contractor shall not unlawfully discriminate against any individual based on race, religion or religious creed, color, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, immigration status, citizenship or military and veteran status. The Contractor shall comply with the nondiscrimination mandates of all statutes, ordinances and regulations.
B. For every Subcontractor who will perform Work on the Project, the Contractor shall be responsible for such Subcontractor’s compliance with this Section. The Contractor shall include in the written contract between itself and each Subcontractor a copy of the provisions in this Section and a requirement that each Subcontractor shall comply with those provisions. The Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure Subcontractor’s compliance. The Contractor shall diligently take corrective action to halt or rectify any failure to comply.
22. MODIFICATIONS AND AMENDMENTS
This Contract may be modified or amended only by written Change Orders as specified in the Contract Documents or a written instrument signed by both Parties.
23. ENTIRE AGREEMENT
A. This Contract supersedes any and all prior or contemporaneous agreements, either oral or written, between the City and Contractor with respect to the subject matter of this Contract.
B. The Contract Documents contain all of the covenants and agreements between the Parties with respect to the subject matter herein, and each Party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Contract and the Contract Documents incorporated herein.
C. No agreement, statement, or promise with respect to the subject matter of the Contract Documents, which is not contained in the Contract Documents, or in a valid modification or amendment to the Contract Documents, shall be valid or binding on either Party.
24. AMBIGUITIES
This Contract is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them. Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Contract. Notwithstanding the 364
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13 foregoing, the Parties agree that Exhibit “A” is attached hereto for reference purposes, and to the extent there are any ambiguities, inconsistencies, or conflicts between the terms of this Contract and Exhibit “A”, the terms of this Contract shall control and nothing set forth in Exhibit “A” shall be deemed to supersede any of the provisions of this Contract.
25. NOTICES
A. Any notice to be provided pursuant to this Contract shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:
TO CITY: City of Oxnard Public Works Dept.
6001 Perkins Rd
Oxnard, CA 93033
Attn: Project Manager – PW 22-25R2
TO CONTRACTOR: Ayala Engineering, Inc.
8482 E Meadowridge St
Anaheim, CA 92808
Attn: Ricardo Ayala, C.E.O.
B. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
C. Either Party, or the surety, may change its address by giving notice in writing to all other parties listed above, and thereafter notices shall be addressed and transmitted to such new address.
26. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES
No officer or employee of the City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Contractor or to its successor(s), or for any breach of any obligation of the terms of this Contract.
27. REVIEW BY ATTORNEYS
Each Party hereto has had its attorneys review this Contract and all related documents. Each Party hereto has consulted with its attorneys and has negotiated the terms of this Contract based on such consultation.
28. BONDS
Concurrently with the execution of this Contract by the Contractor, and before the commencement of any Work, Contractor shall furnish to the City a Performance Bond, and a Payment Bond (Labor and Materials Bond) each in an amount equal to one hundred percent (100%) of the Contract Price written on the forms included in the Contract Documents. These bonds must remain in force until the later of (a) the expiration of the one-year guarantee period; or (b) one year from the date 365
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14 of completion of the corrective Work. Such bonds must be issued by a responsible corporate Surety, licensed and authorized to issue such bonds in the State of California.
29. CARE OF WORK
Contractor must adopt reasonable methods during the life of the Contract to furnish continuous protection to the Work, and the equipment, materials, papers, documents, plans, studies, and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the Work by the City, except those losses or damages as may be caused by the City’s own negligence. The performance of the Work by Contractor or the payment of money by the City shall not relieve Contractor from any obligation to correct any incomplete, inaccurate, or defective Work (including the obligation to remedy any defective Work or materials during the one-year guarantee period after the City’s acceptance thereof) at no further cost to the City.
30. CAPTIONS AND HEADINGS
The captions and headings contained in this Contract are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
31. OWNERSHIP OF DOCUMENTS
No portion of the Contract Documents may be used for any purpose other than construction of the Project, without prior written consent from City. Contractor is deemed to have conveyed the copyright in any designs, drawings, specifications, Shop Drawings, or other documents (in paper or electronic form) developed by Contractor for the Project, and City will retain all rights to such works, including the right to possession.
32. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Contract shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties. This Contract may not be assigned or transferred by Contractor without the concurrence of the surety and express written consent of the City.
33. GENDER; PLURAL
In this Contract, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
34. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Contract and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.
35. GOVERNING LAW
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15 The validity of this Contract and any of its terms or provisions, as well as the rights and duties of the Parties under this Contract, shall be construed pursuant to and in accordance with California law.
36. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Contract, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
37. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Contract and all proceedings involving any enforcement action related to this Contract shall be initiated and conducted in the applicable court or forum in Ventura County, California.
38. EFFECTIVENESS OF CONTRACT
This Contract shall not be binding upon the City until signed by the authorized representative(s) of Contractor, approved by the City’s Risk Manager and as to form by the City Attorney, and executed by the authorized City personnel or the Mayor.
39. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING CONTRACT Each of the Parties to this Contract hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Contract a binding obligation of each of the Parties hereto. The persons executing this Contract warrant that they are duly authorized to execute this Contract on behalf of and bind the Parties each purports to represent.
40. WAIVER
No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default under this Contract shall impair such right or remedy or be construed as a waiver. A Party's consent to or approval of any act by the other Party requiring the Party's consent or approval shall not be deemed to waive or render unnecessary the other Party's consent to or approval of any subsequent act. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Contract.
41. INDEPENDENT CONTRACTOR STATUS
Contractor is an independent contractor. All persons working for or under the direction of the Contractor are the Contractor's employees, agents, or subcontractors, and they shall not be deemed agents, servants, or employees of the City.
42. COUNTERPARTS
This Contract may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Contract. 367
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16 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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17 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 AYALA ENGINEERING, INC.
☒ Luis McArthur, Mayor1 Date Ricardo Ayala, C.E.O. 2 Date ☐ Purchasing Agent
Ricardo Ayala, C.F.O. Date
ATTEST:
Lourdes A. López, City Clerk Date
(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. 369
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18 EXHIBITS
Exhibit A: Contractors Bid Proposal.
Exhibit B: Form INS-G: Insurance Requirements.
Exhibit C: Iran Contracting Act Certification Form completed by Contractor.
Bonds
The corresponding exhibits and forms contained within follow. 370
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19 EXHIBIT A
CONTRACTOR’S BID PROPOSAL
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20 372
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21 EXHIBIT B
FORM INS-G
INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS
(WITHOUT BUILDER’S RISK REQUIREMENT)
1. Contractor shall obtain and maintain during the performance of any services under this Contract the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Contractor, its agents, representatives, employees or subcontractors. a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $2,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project location or shall be twice the occurrence amount;
b. Business Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;” c. If architectural, engineering, or electrical work will be performed under the Contract, Professional Liability/Errors and Omissions Insurance appropriate to the work being done in an amount not less than $1,000,000, with neither Contractor nor listed subcontractors having less than $500,000 individually. The Professional Liability/Errors and Omissions Insurance must be project specific with at least a one-year extended reporting period, or longer upon request.
d. Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.
2. Contractor shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-G. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before work commences. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email. If you have not received your request or are having difficulty with electronic upload, contact [email protected]
3. Contractor agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled by either party, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.
4. Contractor agrees that the Commercial General Liability and Business Automobile Liability Insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-G or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).
5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance or self-insurance coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
6. Any deductibles or self-insured retentions must be declared to and approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its City Council, officers, employees and volunteers, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
7. All insurance standards applicable to Contractor shall also be applicable to Contractor’s subcontractors. Contractor agrees to maintain appropriate agreements with subcontractors and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.
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22 INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS Certificates of Insurance
The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample.
Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.
Endorsement Forms
Original endorsements are required for general liability and automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that you use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the attached.
INS-G.doc
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23 ACORD CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
CODESUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE
INSURED COMPANY
LETTER A SPECIFY COMPANY NAMES IN THIS SPACE
COMPANY
LETTER B
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DD/YY)
LIMITS
A GENERAL LIABILITY
[x] COMMERCIAL GENERAL LIABILITY [
] CLAIMS MADE [x] OCCUR.
[x] OWNER’S & CONTRACTOR’S PROT.
GENERAL AGGREGATE $2,000,000
PRODUCTS COMP/OP AGG. $2,000,000
PERSONAL & ADV. INJURY $2,000,000
EACH OCCURRENCE $2,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $
A AUTOMOBILE LIABILITY
[x] ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
COMBINED SINGLE $1,000,000 LIMIT
BODILY INJURY $
(Per person)
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $
A EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
EACH OCCURRENCE $
AGGREGATE $
A WORKERS’ COMPENSATION
AND
EMPLOYERS’ LIABILITY
STATUTORY LIMITS
EACH ACCIDENT $1,000,000
DISEASE-POLICY LIMIT $1,000,000
DISEASE-EACH EMPLOYEE $1,000,000
A OTHER
Errors and omissions insurance or malpractice insurance available for the insured’s profession; if architectural, engineering or electrical work will be performed under the Contract
Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
CERTIFICATE HOLDER
CITY OF OXNARD ℅ Evident ID, Inc. 8520
Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED
TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
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
SAMPLE
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24 GENERAL LIABILITY SPECIAL ENDORSEMENT SUBMIT IN DUPLICATE FOR THE CITY OF OXNARD (the City) ENDORSEMENT NO. ISSUE DATE (MM/DD/YY) PRODUCER POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to NAMED INSURED coverage. Per Occurrence Per Claim (which) APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered: CITY
AGREEMENTS/PERMITS
TYPE OF INSURANCE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
COMPREHENSIVE GENERAL LIABILITY
OWNERS & CONTRACTORS PROTECTIVE
Claims Made
Retroactive Date
Occurrence
OTHER PROVISIONS
COVERAGES
LIABILITY LIMITS IN THOUSANDS $
EACH OCCURRENCE AGGREGATE
GENERAL
PRODUCTS/COMPLETED OPERATIONS
PERSONAL & ADVERTISING INJURY
FIRE DAMAGE
CLAIMS: Underwriter=s representative for claims pursuant to this insurance.
Name:
Address:
Telephone: ( )
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured=s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED=S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Commercial General Liability Coverage, occurrence@ form CG0001; or b. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.
Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US
AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter
I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.
Signature
(original signature required)
Telephone: ( ) Date Signed
SAMPLE
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25 AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT SUBMIT IN DUPLICATE FOR THE CITY OF OXNARD (the City) ENDORSEMENT NO. ISSUE DATE (MM/DD/YY) PRODUCER POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
NAMED INSURED coverage. Per Occurrence Per Claim (which) APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE OTHER PROVISIONS
COMMERCIAL AUTO POLICY
BUSINESS AUTO POLICY
OTHER
LIMIT OF LIABILITY CLAIMS: Underwriter=s representative for claims pursuant to this insurance.
Name:
Address:
Telephone: ( )
$ per accident, for bodily injury and property damage.
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured=s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSUREDS DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Automobile Liability Coverage, occurrence” form CA0001, code (any auto); or b. If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).
Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD ℅ Evident ID, Inc. 8520
Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US
AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter
I (print/type name), warrant that I have authority to
bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.
Signature
(original signature required)
Telephone: ( ) Date Signed
SAMPLE
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26 EXHIBIT C
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27 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:
Ayala Engineering, Inc., 8482 Meadowridge Street, Anaheim, CA 92808 (“Principal”) (Name and address of Contractor)
a contract (the “Contract”) for the Work described as EASTERN TRUNK SEWER MANHOLE REHABILITATION PROJECT, PHASE 1 (REBID 2) SPECIFICATION NO. PW 22-25R2.
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 Two Million, Eight Hundred and Fifty-Six Thousand Dollars ($2,856,000), 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 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.
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Agreement No. 32500276
28 The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, including all incorporated documents, shall in any manner affect its obligations on this Bond. The Surety hereby waives notice of any such change, extension, alteration, or addition.
Additionally, the Surety hereby waives California Civil Code 2845 and 2849 as well as any statutes of limitation, statutes of repose and laches as they may apply to an action on this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
Ayala Engineering, Inc._______________
8482 Meadowridge Street_____________
Anaheim, CA 92808
By:
Ricardo Ayala
Its: C.E.O.
(Seal)
“Surety”
By:
Its:
By:
Its
(Seal)
Notes: This Bond must be executed and dated, all Surety signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Date of Bond must not be before the Effective Date of the Contract. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California.
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Agreement No. 32500276
29 Bond No. __________
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Oxnard (“Agency”), has awarded to:
Ayala Engineering, Inc., 8482 Meadowridge Street, Anaheim, CA 92808 (“Principal”) (Name and address of Contractor)
a contract (the “Contract”) for the Work described as EASTERN TRUNK SEWER MANHOLE REHABILITATION PROJECT, PHASE 1 (REBID 2) SPECIFICATION NO. PW 22-25R2.
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
,
(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Agency in the penal sum of Two Million, Eight Hundred and Fifty-Six Thousand Dollars ($2,856,000), 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. The Surety hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. Surety hereby waives California Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto. 381
Agreement No. 32500276
30 IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
Ayala Engineering, Inc._______________
8482 E. Meadowridge St______________
Anaheim, CA 92808_________________
By:
Ricardo Ayala
Its: C.E.O.
(Seal)
“Surety”
By:
Its:
By:
Its
(Seal)
Notes: This Bond must be executed and dated, all Surety signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Date of Bond must not be before the Effective Date of the Contract. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State of California.
382
Eastern Trunk Sewer Manhole Rehabilitation
Project - Phase 1 PW 22-25
City Council
December 17, 2024
Tim Beaman, P.E.
Interim Assistant Public Works Director
383
RECOMMENDATION 2
That the City Council approve and authorize:
1. A total of $3,427,200 in Project funds for the Eastern Trunk Sewer Manhole Rehabilitation, Phase 1,(Rebid-2),
Specification No. PW 22-25R2;
2. The Mayor to Execute an Agreement with Ayala
Engineering, Inc. for $2,856,000 and a Project
contingency amount of $285,600 (10%) for a total not to exceed value of $3,141,600 for the Project; and
3. A Project allocation amount of $285,600 (10%) for
engineering, inspection, survey and project management
for the Project.
384
BACKGROUND
3 • The City of Oxnard gravity sewer system includes three major trunk lines • Redwood Trunk
• Central Trunk (manhole rehabilitation completed in 2022) • Eastern Trunk
• Manholes on the Eastern Trunk have exhibited high rates of corrosion and deterioration resulting in a number of failures.
• Eastern Trunk receives primarily commercial and industrial inflows resulting in flow fluctuations, turbulence, and release of hydrogen sulfide. • A condition assessment was completed to determine the scope of repairs. • The Project includes rehabilitation of 150 existing manholes, and the replacement of 152 existing cast iron manhole frames and covers. 385
DISCUSSION
• The Request for Bid (RFB) PW 22-25
• Released September 26, 2024
• Due date October 29, 2024
• RFB PW 22-25 Received one submittal from the following:
• Ayala Engineering, Inc.
• The bid is within 5% of the engineer’s estimate of $3,019,000 • The bid was reviewed by City Staff with the determination that it was complete and responsive
4 386
FINANCIAL IMPACT
• Total cost for this Project shall not exceed
$3,427,200 which includes the construction
agreement, contingency, and project allocation.
• The Eastern Trunk Sewer Manhole Rehabilitation
Project, Phase 1, Project C2234 has a total
available project budget balance of approximately
$3,774,000 from the Wastewater Capital Fund 612
to fund this Project.
5 387
End of Presentation
388
CITY COUNCIL AGENDA REPORT
REPORTS
AGENDA ITEM NO. K.3
DATE: December 17, 2024
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Public Project Agreement 32500284 with California Skateparks for Design-Build of the Skate Park at Del Sol Park Specification No. PW 23-35. (10 minutes)
RECOMMENDATION
That the City Council approve and authorize:
1. A total of $4,500,000 in Project funds for the Design-Build of the Skate Park at Del Sol Park Specification No. PW 23- 35;
2. The Mayor to Execute an Agreement with California Skateparks in the amount of $4,090,909 with California Skateparks;
3. A Project allocation amount of $409,091 (~10%) for engineering, inspection, survey and project management; and
4. A budget appropriation in the amount of $100,000 from the available fund balance in the Development Impact Fee Fund (350, sub-fund 8020) to the Skatepark in Colonia Capital Improvement Project (C2249) and corresponding Capital Outlay Fund (301) transfer in/appropriation in the same amount. (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/V6V5N9oyYsQ
BACKGROUND
The Skatepark in Colonia Project will utilize approximately 2.5 acres of existing park space on the northeast side of Del Sol Park at the corner of North Rose Ave and Camino Del Sol in the La Colonia neighborhood. For this Project, the City desires an Olympic-quality skatepark design that will include areas for all abilities. The design includes street obstacles and a bowl. The project also proposes native and drought-tolerant landscaping and utilizes existing green infrastructure (bio-retention and bio-infiltration areas) that slows, cleans, and infiltrates runoff. The Design includes accessible pathways and skatepark lighting. The Skatepark is anticipated to be roughly 40,000 square feet in area.
Location Map:
389
Capital Improvement Program (CIP) Reference:
Project No. C2249 – Skatepark in Colonia Project - CIP 2025-2029 - Adopted June 4, 2024 – Page 89.
DISCUSSION
The work is tentatively scheduled to begin in early calendar year 2025 and continue into early 2027, absent any delays due to supply chain issues, unforeseen site conditions, or weather. Since this contract will utilize the design-build delivery method, the initial phase of work includes the contractor designing the skatepark, with input from the community and other stakeholders via outreach meetings. Construction will start after the design is complete, or substantially complete, and this phase will be controlled by the contractor’s schedule. Staff will work closely with the La Colonia Neighborhood Council 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 February 1, 2024. Three firms submitted their prequalification packets, these being California Skateparks, Grindline Skateparks, Inc., and Spohn Ranch, Inc.; all three of the firms were prequalified on March 13, 2024. The Request for Proposals (RFP) on the Design-Build Project was published on August 15, 2024, and proposals were due on October 10, 2024. The City received proposals from the following two of the three prequalified firms:
• California Skateparks
• Spohn Ranch
Pursuant to State requirements, the proposals were consistent with the City’s RFP which identified the guaranteed contract price of $4,090,909. Because this is a Design-Build procurement, the proposals had to adhere to a Guaranteed Maximum Price (GMP), which is a guarantee that the cost for the project will not exceed the amount established in the 390
RFP unless there is a change in scope approved by the City, or dramatic unforeseen circumstances are encountered during construction.
Each proposal had three components: a written proposal, a graphic (concept level) proposal, and a presentation of the proposal and graphic elements. The proposals were evaluated based on seven scoring criteria: (1) Proposal Quality, (2) Technical Design and Construction Expertise, (3) Approach, (4) Availability and Schedule, (5) Project Understanding, (6) Life-Cycle Costs Over 15 or More Years, and (7) Guaranteed Maximum Price.
The City utilized a review and scoring panel that included a local professional Skateboarder, along with City employees from the Cultural and Community Services and Public Works departments. City employees who reviewed the proposals are the Cultural Arts Program Manager, Cultural & Recreation Services Manager, Civil Engineer, Senior Project Manager, and Senior Construction Inspector. After thorough review and discussion, the proposal from California Skateparks scored the highest based on the evaluation criteria.
Once the scoring step was completed, procurement staff reviewed all documentation received from California Skateparks 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 California Skateparks.
Staff recommends authorizing $4,500,000 for the project, which in addition to the project award amount of $4,090,909, includes the cost of engineering services and City staff services of $409,091 (10% of the contract cost). 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 $4,500,000.
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 $4,500,000, which includes the construction agreement and project allocation. The Skatepark in Colonia Project (C2249) has a project budget balance of $4.4M from the America Rescue Plan Act (ARPA) Fund (320). In addition to the ARPA funding, the Skatepark in Colonia Project (C2249) currently has Development Impact Fees identified in the AB1600 annual report to support the development and completion of this project. It is recommended that the Developer Impact Fees, in the amount of $100,000, be added to the project budget to cover the cost of the skatepark construction.
Approval of the recommended action will add $100,000 from the available fund balance in the Development Impact Fee Fund (350, Parks Development Fees sub-fund 8020) to the Skatepark in Colonia Capital Improvement Project (C2249) and corresponding Capital Outlay Fund (301) transfer in/appropriation in the same amount. After this added appropriation, a total of $4.5M will be available to complete the design-build project.
For Finance Use Only: Development Impact Fees Fund (Fund 350 Org. 80203301 Obj. 59800), Capital Outlay Fund (Org. 3013301 Obj. 49300 / 53200) Project C2249
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
391
1. Agreement 32500284 California Skateparks PW 23-35
2. Presentation
392
Agreement No. 32500284
1 DESIGN BUILD CONTRACT FOR
SKATEPARK IN COLONIA
SPECIFICATION NO. PW 23-35
BY AND BETWEEN
THE CITY OF OXNARD
AND
CALIFORNIA SKATEPARKS
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 CALIFORNIA SKATEPARKS (“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 February 1, 2024 to obtain information from design build entities with skatepark design and construction experience and three (3) design build entities responded and the City qualified three (3) design build entities that would be eligible to submit proposal for the Skatepark in Colonia Project; and
WHEREAS, the City subsequently issued a Request for Proposal on August 15, 2024 to obtain proposals from the pre-qualified design build entities and two (2) design build entities responded and the City selected one (1) design build entity that would design and construct the Skatepark in Colonia 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:
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Agreement No. 32500284
2 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:
1. Contract, subject to the limitations in Sections 12 (“Prevailing Wage”) and 26 (“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 394
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3 any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the nonexecution of the Work.
D. The 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 suitable 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 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 Geologists and/or California Architects Board
B. The Design/Builder or its subcontractor responsible for the construction work shall possess a valid A, B, and C27 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.
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4 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 FOUR MILLION NINETY THOUSAND NINE HUNDRED NINE DOLLARS (4,090,909.00) (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 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 the 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) 396
Agreement No. 32500284
5 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 resolve 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 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 execution 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 attached here as Exhibit C. This preliminary schedule shall serve as the framework for the 397
Agreement No. 32500284
6 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 five hundred (500) 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 Design/Builder necessitated by errors and 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 thereof, 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 report 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. 398
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7 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.).
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 administrative remedy prior to either Party initiating legal action.
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8 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 favorable terms reasonably possible, all subcontracts to the extent that they relate to the performance of the discontinued portion of the Work.
4. Thereafter do only such Work as may be necessary to preserve and protect the Work already in progress and to protect materials, plants, and equipment on the Project site or in transit thereto.
C. Upon such termination, the Design/Builder will be paid without duplication for:
1. Work completed in accordance with the Contract Documents prior to the effective date of the Notice of Termination for Convenience;
2. Reasonable costs incurred in settlement of terminated contracts with 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 400
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9 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.
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 27 (“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 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.
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10 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 12 and the provisions of Exhibit “A”, the terms of this Section 12 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.
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 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.
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11 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 for any public work done under this Contract by it or by any Subcontractor under it.
The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the 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 403
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12 (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 liquidated 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 § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake selfinsurance 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.”
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 404
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13 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.
17. FEDERAL GRANT CONTRACT PROVISIONS Design/Builder acknowledges that the Project is being funded in part with 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, FEMA administrator, 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 FEMA Administrator or his authorized representative access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with the Disaster Recovery Act of 2018, the City of Oxnard and the Design/Builder acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA 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 FEMA pre-approval.
c. COMPLIANCE WITH FEDERAL LAW REGULATIONS, AND EXECUTIVE ORDERS. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The Design/Builder will comply with all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives.
d. NO OBLIGATION BY FEDERAL GOVERNMENT. The Federal Government is not a party to this Contract and is not subject to any obligations or liabilities to the nonFederal 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. 405
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14 18. TIME OF THE ESSENCE
Time is of the essence in the performance of this Contract.
19. INDEMNIFICATION
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 proceeding, 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 406
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15 consequence of, or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to, the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances Control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the PorterCologne Water Quality Control Act, as any of those statutes may be amended from time to time.
B. City will timely notify 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
20. 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. 407
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16 21. CONFLICTS OF INTEREST
The Design/Builder shall not accept any employment 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.”
22. 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 subcontractorshall 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.
23. 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 those 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.
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17 24. 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.
25. 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.
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.
26. 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.
27. 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: California Skateparks
273 N. Benson Avenue
Upland, CA 91786
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18 Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
B. 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.
28. 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 breach 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.
29. REVIEW BY ATTORNEYS
Each Party hereto has had its attorneys review this Contract and all related documents.
Each Party hereto has consulted with its attorneys and has negotiated the terms of this Contract based on such consultation.
30. 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.
31. 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 during the one-year guarantee period after the City’s acceptance thereof) at no further cost to the City.
32. 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.
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19 33. 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, specifications, 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.
34. SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Contract shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties and, likewise, shall inure to the benefit of 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.
35. GENDER; PLURAL
In this Contract, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.
36. 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.
37. 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.
38. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Contract, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
39. VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Contract and all proceedings involving any enforcement action related 411
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20 to this Contract shall be initiated and conducted in the applicable court or forum in Ventura County, California.
40. 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.
41. 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.
42. WAIVER
No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default under this Contract shall impair such right or remedy or be construed as a waiver. A Party's consent to or approval of any act by the other Party requiring the Party's consent or approval shall not be deemed to waive or render unnecessary the other Party's consent to or approval of any subsequent act. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Contract.
43. 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.
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Agreement No. 32500284
21 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. 32500284
22 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 CALIFORNIA SKATEPARKS
☐ , Mayor1 Date Joe Ciaglia Jr., President 2 Date
☐ Purchasing Agent
Stephani Ciaglia, Date
ATTEST: Board Secretary
, Date
City 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. 414
Agreement No. 32500284
23 EXHIBITS
Exhibit A: Design/Builder’s Proposal.
Exhibit B: Project Description, Project Budget, 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- G: Insurance Requirements.
Exhibit I: Federal Grant Funded Addendum
Exhibit J: Byrd Anti-Lobbying Certification
Exhibit K: Certification Regarding Debarment, 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
415
Agreement No. 32500284
EXHIBIT A
DESIGN BUILDER’S PROPOSAL
416
Badalona Skatepark
Professional Skatepark Design-Build Services
X
La Colonia Skatepark Project // Oxnard, California
417
Transmittal Cover Letter
October 10, 2024
Oxnard City Hall
300 West Third Street, Fourth Floor
Oxnard, California, 93030
Attention: City Clerk
Re: Request For Proposal
Design and Construction of a Skatepark at Del Sol Park
La Colonia Skatepark | Public Works Specification No. 23—35 On behalf of our entire team, California Skateparks is thrilled to join with our key partners, Encompass Consultant Group (ECG), Earth Systems, Lucci & Associates, and Musco Sports Lighting, to deliver a World Class Skatepark to the City of Oxnard. We are your 100% local team, with passion and pride driving our efforts to meet and exceed the City’s expectations.
California Skateparks has been designing and building award-winning municipal skateparks since 1998. Our extensive and diverse portfolio of skatepark projects has helped us develop many of the world’s most iconic skateparks with unparalleled construction design and detailing focused on safety, affordability, durability, and environmental sensitivity. Based on our understanding of the project, we believe the success of the La Colonia Skatepark will depend on attention to the following considerations:
Community Based Design
Although the primary stakeholders for the skatepark are the future park users, our communityoutreach approach acknowledges that the stakeholders also include adjacent residents, businesses, schools, churches, and various City Departments, including EMS, Police, Parks, and Maintenance. As you will read, our proposed community-input process includes multiple online surveys and broad public-engagement workshops.
Olympic Quality
California Skateparks has significantly contributed to the format for modern-day competitive skateboarding. As the design and build team for most of the national and international skatepark competitions, and as the team that developed the Tokyo 2020 and Paris 2024 Olympic Skatepark Venues, California Skateparks is eager to work with the City of Oxnard to create an Olympic Quality skatepark capable of hosting any caliber competition.
All Access Skatepark
The Hallmark of California Skateparks’ design process is our approach to creating compelling skateparks that serve all skaters, including adaptive skaters and wheelchair athletes. While most skaters won’t notice the design enhancements, the La Colonia Skatepark will include features accessible to visually-impaired skaters and wheelchair athletes, a concept championed by California Skateparks called All Access Skateparks. The La Colonia Skatepark will not only be more accessible to adaptive athletes, it’ll be more fun, inclusive, and safer for everyone. 2 418
Transmittal Cover Letter
Thank you for your consideration of California Skateparks for this critically important project for the City of Oxnard. It is our sincere desire that the information and references contained herein will illustrate the energy, attention to detail, and enthusiasm that we will employ in helping make the La Colonia Skatepark a flourishing asset for the entire community! Please feel free to email me at ([email protected]) or call me on my cell phone, (909) 721-7642, with any questions you may have.
Respectfully Submitted,
Joe Ciaglia
President
California Skateparks
3 Proposal Acknowledgments
1. All minimum standards and performance requirements of the RFP have been met by this Proposal.
2. This proposal shall remain valid for ninety (90) days from the Proposal date.
3. The key personnel identified within the proposal will be committed to perform the required tasks throughout the duration of the contract.
4. The only person, persons, company, or parties interested in the Proposal as principals, are named herein; the Proposal is made without collusion with any other person, persons, company, or parties submitting a proposal; it is in all respects fair and in good faith without collusion or fraud.
5. California Skateparks is agreeable without exception to the City Standard Contract. “The Oxnard Skatepark was designed and built by the California Skateparks Team in 2003. The same team is excited to be working together on the new La Colonia Skatepark over 20 years later!” - Joe Ciaglia 419
Table of Contents
Transmittal Cover Letter ....................................................................................................... Pg 2 Table of Contents .................................................................................................................. Pg 4 Design-Build Team Profile ................................................................................................... Pg 5 Key Personnel .................................................................................................................... Pg 11 Understanding of Project ................................................................................................. Pg 19 Community Engagement Approach and Experience ..................................................... Pg 25 Project Milestone Schedule .............................................................................................. Pg 26 Capacity .............................................................................................................................. Pg 27 Warranty .............................................................................................................................. Pg 27 Thank you ........................................................................................................................... Pg 27 Graphic Submittal (Preliminary Concept Design) ......................................................... Pg 28 4 Paris 2024 Street
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Design-Build Team Profile
5 Skatepark Designer and Landscape Architect
Lead Consultant
Sub-Consultants
Geotechnical Engineer
Electrical Engineer
Civil Engineer
Lighting Engineer
California Skateparks’ Team and Resumes
California Skateparks is comprised of some the most experienced individuals throughout the international skatepark industry and action sports community, all of which have dedicated their lives to developing spaces for action sports. Furthermore, California Skateparks has built professional relationships with leading firms and has compiled a team of highly experienced consultants to successfully develop the La Colonia Skatepark project. California Skateparks is confident in its team’s ability to deliver a world-class Olympic quality skatepark project.
The following pages outline the California Skateparks design-build team and highlights key team members who are essential in developing this project. Each team member plays a highly specialized role, which has been refined through years of experience, and is prepared to provide their expertise as needed. California Skateparks’ design-build team possesses the experience and knowledge needed to successfully complete the La Colonia Skatepark project to international skatepark standards, on budget and within the proposed time frame. 421
Vans Park Series Montreal
Design-Build Team Profile
California Skateparks Zachary Wormhoudt
273 N. Benson Ave. (Project Manager and Landscape Architect) Upland, California 91786 849 Almar Avenue, Suite 280
(800) 227-5283 Santa Cruz, California 95060
[email protected] (831) 334-4022
www.californiaskateparks.com [email protected]
California Skateparks (CSP) is a full-service design/build corporation based in Upland, California specializing in the development of public and private environments for action sports throughout the United States and around the world. Founded by Joe Ciaglia in 1998, California Skateparks has over 25 years of experience creating a diverse range of public and private skateparks, training facilities, competition courses, plazas, skate spots, bowls, and landscape projects. These projects have not only increased opportunities for a variety of action sports, but have contributed to the environmental, social, and economic sustainability of the communities in which they are located.
California Skateparks is a fully licensed, bonded, and insured contractor specializing in all aspects of skatepark development. What sets California Skateparks apart from other skatepark providers is our impeccable attention to aesthetics and details, in parallel with our understanding of skateboarding and the action-sports industry. We have adapted traditional construction standards and practices to skatepark construction, and developed some of our own; thus giving us a real-world understanding of skatepark development and enabling us to meet the expectations of all action sports athletes.
Through experience and selective recruiting, we have formed a disciplined company comprised of an award-winning design team, diligent construction managers, and comprehensive administrators—all of whom will ensure a successful project and a great Client experience.
Our staff of over 145 experienced and creative professional employees includes registered landscape architects, general contractors, civil and structural engineers, skatepark designers, graphic designers, professional athletes, construction professionals, event coordinators, business-development managers, sponsorship facilitators, and other practitioners who all possess the skills and experience to successfully complete high-quality projects on time and within budget. Together, we are the world’s most experienced and respected skatepark design/build team with more than 400 highly recognized projects and 3.5-million square feet of skatepark construction over the last decade.
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Design-Build Team Profile
California Skateparks
Some of the most notable, world-class facilities that our team at California Skateparks has created includes numerous public concrete skateparks and private projects for Rob Dyrdek, Tony Hawk, Nyjah Huston, Leticia Bufoni, Camp Woodward, Nike, RedBull, and municipalities all over the world. In addition, we currently produce high-profile event courses for World Skate, Street League Skateboarding, Dew Tour, X Games, Vans Park Series, and many others. We take great pride in our work and have gained the reputation for developing skateparks with the highest craftsmanship possible.
While our work speaks for itself, our design and construction processes are the primary reason for our success. Through the utilization of state-of-the-art technology, combined with attention to aesthetics and detail, California Skateparks delivers a focused, cohesive effort from concept to completion. Our professionalized services fully encompass the wide range of needs necessary to build architecture and landscapes for all action sports. Whether we are the general contractor—or a sub to a general contractor—our passion, knowledge, and expertise go hand-in-hand to deliver a superior product to our competitors. California Skateparks follows a construction process and uses sustainable design-build practices that have been proven to be efficient and effective through years of experience developing successful skateparks, large-scale public works, multi-use park facilities, and residential / commercial landscapes.
Equally as important to quality workmanship, is our attention to Client satisfaction and stakeholder collaboration. California Skateparks prides itself on developing and maintaining strong, healthy, and progressive relationships to ensure projects are delivered to the expectations of the stakeholders. From pre-planning workshops to community participation seminars, from detailed design charrettes through to construction, and on to grand openings and maintenance programs, our diverse team is committed to delivering a top-quality experience and producing best-in-class facilities that exceed project objectives. California Skateparks is committed to creating high-quality skateparks for our Clients, the community, and for the future of action sports.
X Games Ventura
7 423
Design-Build Team Profile
8 Earth Systems
5917 Olivas Park Drive, Suite F
Ventura, California 93003
(805) 642-6727
[email protected]
www.earthsystems.com
With over 50 years of experience in California and an office in Ventura, Earth Systems brings detailed knowledge of soil, groundwater, and geologic conditions to the project. They offer a full range of expert services in the fields of geotechnical engineering, engineering geology, geophysical surveys, and materials testing and inspection. Their local staff consists of registered geotechnical engineers, engineering geologists, soil technicians, and special inspectors. Their geotechnical engineering and geology professionals have established an excellent reputation for providing thorough, high quality geotechnical and geology services.
Earth Systems maintains a fully accredited materials testing laboratory with the capacity to perform hundreds of tests upon soils, concrete, asphalt, steel, and other building materials.
Earth Systems has provided geotechnical services for many skatepark projects throughout Southern California with components such as concrete slabs, ramps, bowls, retaining walls, stairs, and other concrete skate features as well as associated hardscape, landscape, and site lighting. They maintain a successful working relationship with California Skateparks, having worked together on several skatepark projects in the past, including Westpark Skate Park (Ventura), Watts Skatepark (Los Angeles), and Venice Skatepark. Earth Systems is also familiar with the soil and geologic conditions at Del Sol Park, having previously provided geotechnical engineering services for the community garden and restroom building. For both projects, Earth Systems drilled borings and conducted laboratory testing on the soil samples, provided geotechnical analysis, and recommendations in geotechnical engineering reports.
Venice Skatepark
424
Design-Build Team Profile
9 Lucci & Associates, Inc.
3251 Corte Malpaso, #511
Camarillo, California 93012
(805) 389-6520
[email protected]
Lucci & Associates Incorporated has been a leading Electrical Engineering Design Facility in Ventura County providing innovative design and exceptional electrical engineering consulting services since 1988. They also provide on-call Electrical Engineering Services for City of Port Hueneme, City of Redondo Beach, County of Ventura, Moorpark Community College, and Ventura Community College.
Furthermore, Lucci & Associates has provided Electrical Designs for projects across the United States and in Europe, Asia, Middle East, South America, and New Zealand. They have also been instrumental in the Electrical Design of Theme Parks (Universal Studios, Great American, Cedar Fair, Legoland, and Disneyland), Sound Stages/Studios (Universal Studios, Netflix, Google, ABQ Studios, Manhattan Beach Studios, Culver Studios, Deep South Studios, etc.), and Studio Complex Electrical Designs for over 30 years. They are registered in over 35 states and provide our design/consulting services on a vast variety of projects. Lucci & Associates has won numerous awards from organizations like THEA (Themed Entertainment Association), Architectural Digest, and Lighting Design and Application.
They are registered in over 35 states and provide our design/consulting services on a vast variety of projects. Lucci & Associates has enjoyed long relationships with many of its clients, some for over 30 years. They believe our success is a product of these partnerships, and they continue to be committed to fostering their relationships.
Encompass Consultant Group (ECG)
333 N. Lantana, Suite 287
Camarillo, California 93010
(805) 322-4443
[email protected]
www.ecgcivil.com
Encompass Consultant Group, Inc. (ECG) is a local firm established in 2016. A 100% employee-owned company, we are committed to providing quality Civil Engineering, Land Surveying and Land Planning services to both public and private clients throughout Ventura, Santa Barbara, and Los Angeles Counties.
Since 2017, ECG has held on-call service contracts with the City of Oxnard, contributing to numerous successful City projects by providing expert civil engineering and hydrology designs, survey and mapping services, and map plan checks. Our team has consistently delivered high-quality services, including support for the design of multiple parks, with a deep understanding of the City’s policies and procedures to ensure projects progress smoothly and efficiently.
425
Design-Build Team Profile
10 Musco Lighting
3002 Dow Ave. Ste. 504
Tustin, California 92780
(213) 440-5784
[email protected]
www.musco.com
Since 1976, Musco Lighting has specialized in the design and manufacture of sports lighting, with innovations in glare reduction and light control responsible to the needs of facility owners, users, neighbors, and the night sky. Musco’s Total Light Control – TLC for LED™ technology delivers a level of light control and uniformity that can’t be matched, and is the solution of choice for neighborhood Little League® fields, collegiate and professional stadiums and arenas, international airports, rail yards, the Olympic Games, landmarks, and some of the largest ports around the world. Musco has a global team of experts that partner with customers to plan, complete, and maintain a cost-effective, trouble-free lighting solution for their facility.
In preparation for the La Colonia Skatepark project, California Skateparks coordinated with Musco Lighting to perform a preliminary photometric study and illumination summary of the site and initial design (as seen below). Furthermore, the completed preliminary concept design and renderings of the La Colonia Skatepark can be found in the “Graphic Submittal” section of this proposal.
426
Joe Ciaglia
President // CEO
Qualifications
Years of Experience: 25 years
Certifications: Contractors
State License Board Contractor
License #962150
Experience
For over two decades, Joe has pioneered and revolutionized the way skateparks are designed, built, and viewed by the general public. Whether it be from his involvement in hundreds of elite-level projects or reputable public skateparks, Joe has developed experience that is unmatched within the industry.
Paris 2024 Olympic Games
Tokyo 2020 Olympic Games
World Skate OQS Budapest
World Skate OQS Shanghai
World Skate Dubai 2024
World Skate Tokyo 2023
54 Street League Courses
X Games Ventura
X Games Southern California
Powder Springs Skatepark
Aljada Skatepark
Pizzey Park Skatepark
Lauridsen Skatepark
Parc Olympique Skatepark
Vans Salt Lake City Skatepark
Vans “Off The Wall” Skatepark
Lai Chi Kok Skatepark
Tinnell Memorial Sports Park
Kennesaw Skatepark
Badalona Skatepark
Oxnard Skatepark
Jacksonville Art Walk Skatepark
Linda Vista Skatepark
A Gathering Place Skatepark
Thousand Oaks Skatepark
Etnies Skatepark
Stoner Skate Plaza
Venice Beach Skatepark
Camp Woodward
Nyjah Huston Training Facility
Fantasy Factory
S e l e c t e d
Projects
11 427
Zach Wormhoudt
Project Manager // Landscape Architect of Record
Qualifications
Years of Experience: 25 years
Education: B.S. Landscape
Architecture, California
Polytechnic State University
Certifications: Licensed
Landscape Architect #4305
Paris 2024 Olympic Games
Tokyo 2020 Olympic Games
World Skate OQS Budapest
World Skate OQS Shanghai
World Skate Dubai 2024
16 Vans Park Series Courses
X Games Ventura
X Games Southern California
Dew Tour Des Moines
Powder Springs Skatepark
Pizzey Park Skatepark
Lauridsen Skatepark
Parc Olympique Skatepark
Vans Salt Lake City Skatepark
Vans “Off The Wall” Skatepark
Tinnell Memorial Sports Park
Jacksonville Art Walk Skatepark
Linda Vista Skatepark
A Gathering Place Skatepark
Riverside NYC Skatepark
Oxnard Skatepark
Venice Beach Skatepark
Lake Cunningham Skatepark
San Luis Obispo Skatepark
Milpitas Skatepark
Louisville Skatepark
Tuttle Skatepark
Thousand Oaks Skatepark
South San Francisco Skatepark
Woodward Tahoe Skatepark
Tribeca Skatepark
Experience
As a Landscape Architect for nearly thirty years, Zach has become known within the industry as one of the most
experienced and knowledgeable developers. From his
involvement in the world’s first public skatepark, to serving as a Project Manager for countless world-class projects, Zach has gained an unparalleled reputation within the industry.
S e l e c t e d
Projects
12 428
Miki Vuckovich
Director of Strategic Initiatives
Qualifications
Years of Experience: 20 years
Education: B.A. Writing,
University of California San Diego
M.A. Nonprofit Leadership and
Management, University of
San Diego
Experience
As a leader in the skatepark-advocacy movement over the past 20 years, Miki has worked with cities and community groups across the U.S. to plan, fundraise, and open more than 600 public skateparks. Miki’s experience researching and understanding the role of skateparks has helped to tailor each one to meet the needs of the community it serves.
Paris 2024 Olympic Games
World Skate OQS Budapest
World Skate OQS Shanghai
World Skate Dubai 2024
World Skate Tokyo 2023
World Skate Rome 2023
X Games Ventura
X Games Southern California
Dew Tour Des Moines
Powder Springs Skatepark
Aljada Skatepark
Lauridsen Skatepark
Vans Salt Lake City Skatepark
Vans “Off The Wall” Skatepark
Tinnell Memorial Sports Park
Kennesaw Skatepark
Lakewood Skatepark
San Luis Obispo Skatepark
Tuttle Skatepark
Linda Vista Skatepark
Dodge Skatepark
La Colonia Skatepark
Stoner Skate Plaza
Pier 62 Hudson River Park
LES Skatepark
Watts Skatepark
Chandler Park Skatepark
Lynch Family Skatepark
Peck Park Skatepark
Prince Park Skatepark
Park De La Cruz Skatepark
S e l e c t e d
Projects
13 429
Jaxon Statzell
Landscape / Skatepark Designer // Lead Designer
Qualifications
Years of Experience: 15 years
Education: Bachelors of Arts,
Environmental Design
University of Colorado, Boulder
Experience
Growing up in the mountains of Colorado, Jaxon became
obsessed with searching out new skate terrain and
learning the intricacies of skatepark design. Jaxon’s years of experience designing world-class skateparks has given him an unmatched understanding of spatial relationships, proportions, and design innovation.
Paris 2024 Olympic Games
Tokyo 2020 Olympic Games
World Skate OQS Budapest
World Skate OQS Shanghai
World Skate Dubai 2024
World Skate Tokyo 2023
36 Street League Courses
X Games Ventura
X Games Southern California
Powder Springs Skatepark
Aljada Skatepark
Pizzey Park Skatepark
Lauridsen Skatepark
Parc Olympique Skatepark
Vans Salt Lake City Skatepark
Vans “Off The Wall” Skatepark
Lai Chi Kok Skatepark
Tinnell Memorial Sports Park
Kennesaw Skatepark
Badalona Skatepark
Jacksonville Art Walk Skatepark
Linda Vista Skatepark
A Gathering Place Skatepark
Chandler Park Skatepark
La Colonia Skatepark
Tribeca Skatepark
Riverside Skatepark
Erie Community Skatepark
Surprise Farms Skatepark
El Sereno Skatepark
Upcounty Maui Skatepark
S e l e c t e d
Projects
14 430
Kord McKinney
Landscape / Skatepark Designer // Lead Draftsman
Qualifications
Years of Experience: 6 years
Education: B.S. Landscape
Architecture, Minor in
Sustainable Environments,
California Polytechnic State
University San Luis Obispo
Experience
As California Skateparks’ lead Draftsman, Kord is well versed on the many technical programs required to effectively
create and portray complex skatepark designs. Additionally, Kord is highly knowledgeable on the spatial relationships, proportions, and design innovations that are required to create successful skatepark projects.
Powder Springs Skatepark
Aljada Skatepark
Pizzey Park Skatepark
Lauridsen Skatepark
Parc Olympique Skatepark
Vans Salt Lake City Skatepark
Kwok Shui Road Skatepark
Chandler Park Skatepark
Lakewood Skatepark
Hermiston Skatepark
Shiga Training Facility
Jacksonville Art Walk Skatepark
Madar Phase II Skatepark
Lake Oswego Skatepark
Tuttle Skatepark
Watts Skatepark
Thousand Oaks Skatepark
Scotty Lapp Skatepark
Hanoi Skatepark
Unicorn House
Woodward Town Centre
South San Francisco Skatepark
Paris 2024 Olympic Games
Tokyo 2020 Olympic Games
World Skate OQS Budapest
World Skate OQS Shanghai
World Skate Dubai 2024
World Skate Tokyo 2023
World Skate Rome 2023
X Games Ventura
Dew Tour Des Moines
S e l e c t e d
Projects
15 431
Mario Rodriguez
General Contractor // Construction Superintendent
Qualifications
Years of Experience: 30 years
Certifications: Contractor
License #962150
Certified Construction Team:
ACI Shotcrete Nozzle-man;
Brian Pino #01190829
Experience
As a Licensed Contractor and California Skateparks’ lead Construction Manager, Mario has arguably spent more
time on skatepark construction sites than anyone else in the industry. From his immense time on the job site, Mario has gain unprecedented experience in construction / crew management, planning, estimating, and scheduling.
Merida Skatepark
Powder Springs Skatepark
Aljada Skatepark
Queretaro Skatepark
Lauridsen Skatepark
Parc Olympique Skatepark
Vans Salt Lake City Skatepark
Vans “Off The Wall” Skatepark
Tinnell Memorial Sports Park
Kennesaw Skatepark
Badalona Skatepark
Oxnard Skatepark
San Luis Obispo Skatepark
Lake Oswego Skatepark
Watts Skatepark
Alcanfores Skatepark
Stoner Skate Plaza
Milpitas Skatepark
Nipomo Skatepark
Nike Templo Mayor
La Mexicana Skatepark
Park De La Cruz Skatepark
Paris 2024 Olympic Games
Tokyo 2020 Olympic Games
World Skate OQS Budapest
World Skate OQS Shanghai
World Skate Dubai 2024
World Skate Tokyo 2023
X Games Ventura
X Games Southern California
Dew Tour Des Moines
S e l e c t e d
Projects
16 432
Key Personnel
17 Experience
As a registered civil and geotechnical engineer with 38 years of experience, Anthony Mazzei (“Tony”) is known for his excellent project and team management skills, as well as his knowledge and understanding of both the geotechnical engineering and materials testing/inspections of project construction. With many years of experience in the Oxnard and Ventura region, he is familiar with the soil and groundwater conditions in the region and has developed a reputation for innovative, constructible, and cost-effective solutions for potentially adverse site conditions that could otherwise result in construction delays or increased site development costs.
Selected Projects
- Westpark Skatepark - Watts Skatepark - Venice Skatepark - Ojai Skatepark - Grover Beach Skatepark - Solvang Skatepark - Nipomo Skatepark - Santa Rosa Skatepark - Del Sol Park Anthony Mazzei
Managing Principal // Senior Vice President
PE #67802 , GE #2823
Experience
James Fallon has over 25 years of experience on a wide variety of land surveying and geomatics projects. He has been responsible for the direct management and production of survey tasks in support of public works and private land development projects, both in the field and in the office. Work performed includes topographic mapping, monument preservation, public agency map and document review, geodetic control networks, boundary surveys, easement and legal description preparation, subdivision mapping, lot line adjustments, ALTA land title surveys, condominium plans, right of way acquisition surveys, construction staking, and data acquisition for Geographic Information Systems (GIS).
Selected Projects
- Oxnard Survey & Plan Check - Borchard Park Skatepark - Fremont Park - Oxnard Map Review - Campus Park - Del Sol Park
James Fallon
Principal Surveyor
PLS #7807, California
433
Key Personnel
18 Experience
Sal Contreras is a Principal Engineer with over 25 years of civil engineering design experience involving project master planning, public improvement projects, and private land developments.
Mr. Contreras is well versed in the management and preparation of feasibility studies, due diligences, master plans, construction plans, specifications, and estimates, and providing construction administration services. He has extensive experience with potable and recycled water infrastructure, water storage tank design, hydrologic and hydraulic studies, grading and drainage design. Mr. Contreras oversees both technical and professional personnel, interfacing with key public works agencies including state and local agencies.
Selected Projects
- Oxnard Survey & Plan Check - Campus Park - Oxnard Sports Park - Arroyo Verde Park - Oxnard College Park - Ventura Community Park Sal Contreras
Principal Engineer
PE #66720, California
Experience
Ken Lucci graduated Ohio University in 1971 with a degree in Engineering Physics and a masters in EE. After graduation, Ken was employed by the U.S. Navy at a Research Lab located in Port Hueneme. After 9 years at this facility, Ken began employment with Litton Industries as a senior engineer on a project for the Royal Saudi Air Force. Ken was responsible for the electrical portion of the $645M construction project, and after completion of this project, Ken returned to the US and started Lucci & Associates in Camarillo. Ken was named president of the Association of Consulting Electrical Engineers from 1995-96 and the Association of Energy Engineers have since certified Ken Lucci as a Lighting Efficiency Professional.
Selected Projects
- Del Sol Park Restrooms - Borchard Park Skatepark - Simi Valley School District - College Estate Park Restroom - Malibu Skatepark - Oxnard College Kenneth W. Lucci
Principal // President
California PE 1974 E8340
434
Understanding of Project
19 PROJECT APPROACH SCOPE OF WORK | ANTICIPATED WORK PLAN PHASE 1 – DESIGN INITIATION AND ASSESSMENT
1.0 Kick-Off Meeting and Site Visit
To initiate the design process, California Skateparks (CSP) will participate in a project Kick-Off Meeting and Site Visit. The meeting with City Staff and the Design Team will provide a key opportunity to specifically discuss the skatepark design, budget, schedule, issues or concerns, design considerations, etc.
It is anticipated that as part of the Kick-Off Meeting, the California Skateparks Team and City Staff will meet at the project site and do a detailed tour and review of the existing conditions.
Deliverables: Prepare for and participate in one (1) Kick-Off meeting and site visit.
1.1 Preliminary Investigations
Following the Kick-Off Meeting the California Skateparks Team will initiate the Topographic Surveying and Geotechnical Investigations. Both services will be performed based on refined direction gained from the outcome of the Project Kick-Off Meeting.
Deliverables: Project Topographic Survey (dwg & pdf), Project Geotechnical Investigation and Recommendations.
1.2 Project Programing Plan
Based on the outcome of the Kick-Off Meeting and the information derived from the Topographic Survey and Geotechnical Report, California Skateparks will prepare a plan depicting the general location and scale for all of the skatepark improvements.
The Project Programming Plan will serve as the basis for the phase 2 design process.
Deliverables: Programing Summary and Skatepark Boundary Draft Layout.
PHASE 2 – COMMUNITY ENGAGEMENT, DESIGN, AND PERMITTING
2.1 Stakeholder Online Design Survey
To initiate the community engagement process, California Skateparks will prepare a Stakeholder Online Design Survey to introduce the project to the public and solicit design input. The survey will solicit input from all project stakeholders, including future park users, park residential neighbors, adjunct businesses, schools, churches, etc.
Once the Design Survey has been prepared it will be shared with City Staff for review and comment. The survey will be hosted online, then California Skateparks will provide City Staff with the public input analytics.
Deliverables: One (1) Online Design Survey and resulting analytics. 435
Understanding of Project
20 2.2 Public Engagement Meeting #1
Collaborating with City Staff and the Design Team, California Skateparks will conduct a community meeting with the intent of engaging and introducing the public to the concept design process. The goal of the meeting will be to gather project-specific skatepark design input to reflect the local riding styles and other input from the public.
Tentatively, the meeting will consist of the following activities:
• Brief site analysis overview to communicate any physical and policy/planning opportunities and constraints that will influence the design. • Introduction to skatepark-planning process and the project’s specific design options and protocols.
• Focused interactive design and brainstorming session: Interested participants will discuss ideas of features they would like to see included in the skatepark facility.
Deliverables: One (1) Summary of Results Memo.
2.3 Preliminary Concept Plans
Based on direction received from the Stakeholder Online Design Survey, Public Engagement Meeting #1, and City Staff comments; California Skateparks will develop two (2) Preliminary Concepts for the Skatepark and all of the associated park improvements. The Preliminary Concept Plan will illustrate the major Skatepark components and how they relate to each other and the site improvements. The Concept Plan will be a 3D Layout of the Skatepark with all features and terrain of the Skatepark called out. The Plan will be submitted to City Staff for review and comment.
Deliverables: Two (2) Skatepark Concept Plans, One (1) Online meeting.
2.4 Public Engagement Meeting #2
Collaborating with City Staff and the Design Team, California Skateparks will conduct a neighborhood meeting to present the Skatepark Preliminary Concept Plans to the public. During the meeting all aspects of the proposed designs for the skatepark and how it relates to the site will be presented via a Power Point slide show and presentation boards. The public will be encouraged to share any ideas, changes, etc., with the goal of selecting one (1) of the Preliminary Concept Plans for further refinement.
Deliverables: Prepare for one (1) Neighborhood Meeting and Summary of Results Memo.
2.5 Final Concept Plan
Based on comments and direction from City Staff, the Design Team, and input obtained from the second Public Engagement Meeting, California Skateparks will prepare a Final Concept Plan. The Final Skatepark Plan will illustrate the major Skatepark and site improvements and how they relate to each other. The Plan will be submitted to City Staff for review and comment.
Deliverables: Prepare Final Concept Plan.
436
Understanding of Project
21 2.6 Public Hearing Presentations
Coordinating with City Staff, California Skateparks Project Manager will present the Final Concept Plan to the Parks and Recreation Commission, Community Service Commission, City Council and any other governing authorities.
Deliverables: Prepare for and Present the Final Concept Plan to various, Commissions, boards and City Council.
PHASE 3 - CONSTRUCTION DOCUMENTATION AND PERMITTING
3.0 Construction Document Package Contents
California Skateparks will prepare Construction Documents for the Skatepark and all related site improvements for submittal to City Staff at 50% and 70% complete levels.
Horizontal Control Plans
California Skateparks will prepare horizontal control plans, at an appropriate scale for the approved design. The plans will establish all horizontal control for the Skatepark terrain. The plans will also establish construction layout control points and establish a coordinate system for locating the various Skatepark features.
Grading and Drainage Plans
California Skateparks will prepare grading plans, at an appropriate scale, for the construction and drainage of water from the Skatepark. California Skateparks will coordinate with City Staff and the Design Team for all grading work and protocols.
Construction Details
As a companion to the construction plans, California Skateparks will prepare details for all of the construction items illustrated on the construction plans. The details will specify materials and all of the necessary information to construct the various Skatepark design elements.
Technical Specifications
California Skateparks will prepare technical specifications for all of the construction work associated with the project.
Deliverable: Plans and Technical Specifications submitted at 50% and 70% complete levels.
3.1 Permitting
California Skateparks shall manage all submittals to and approvals from local, State and Federal Agencies as required to also include local permitting agencies such as Oxnard Public Works Engineering, Community Development, and Southern California Edison.
Deliverable: Prepare Submittals and Permitting Documentation. 437
Understanding of Project
22 PHASE 4 – CONSTRUCTION
California Skateparks will provide turn-key construction services for the permitted project to include Shop Drawings, Schedules, Weekly On-Site Construction Meetings, monthly construction reports and the following construction general sequencing:
4.1 Off-Site Construction Mobilization
4.2 On-Site Construction Mobilization
4.3 Skatepark and Site Drainage System Install
4.4 Skatepark and Site Structure Retaining Walls
4.5 Skatepark and Site Rough Grading
4.6 Skatepark Interior Walls and Steps
4.7 Skatepark Ornamental Metals (Fabrication & Installation)
4.8 Skatepark Fine Grading
4.9 Skatepark Form Work
4.10 Skatepark Rebar
4.11 Skatepark Shotcrete
4.12 Skatepark Concrete Flatwork
4.13 Skatepark Detailing and Painting
4.14 Skatepark and Site Lighting
4.15 Site Walkways and associated improvements
4.16 Site Landscape, Irrigation and Furnishings
4.17 Demobilization
PROJECT EXCLUSIONS
Below is a list of items that are specifically excluded from the Scope of Work:
• Repairing damaged improvements resulting from vandalism, acts of god / nature • Removal of hazardous materials, soil or water investigation or remediation • Relocation of high-pressure gas lines, fiber optic cables, sewer, water mains, etc. • Water, sewer, gas utility design or modifications
• Acoustical, traffic, or lighting studies
• Park improvements beyond the parking lot, path of travel to the skatepark, and skatepark area
• Development Advisory Committee (DAC) review and response • Construction documentation beyond 70% completion
PROJECT ASSUMPTIONS
The following assumptions shall apply to the proposed scope of work and submitted fees:
• All drawings will be reviewed and stamped by necessary discipline retained by CSP. 438
Understanding of Project
23 Summary of Value-Added Enhancements
California Skateparks is proud to offer several value-added enhancements to ensure the La Colonia Skatepark project surpasses all Client expectations. Not only is California Skateparks confident in the team’s ability to exceed all scheduling requirements, key milestones, and the overall time frame of the project through a proven scheduling methodology (which is further outlined in the “Project Schedule” section of this proposal), but is pleased to provide complementary services to the La Colonia Skatepark to further heighten the local and international perceptions of the project. These value-added enhancements are highlighted below and can be further elaborated on during the Design-Build Team Interviews. “On-Tile” Public Art Program
To help develop a sense of ownership and pride amongst the community for the new skatepark, California Skateparks will lead the community in creating artwork that will be integrated and displayed on the skatepark’s bowl and pool tiles.
World Skate Certification
California Skateparks has designed and built the majority of World Skate certified skateparks, and is highly familiar with the certification process. California Skateparks will complete all the required documents and inspections necessary for obtaining World Skate Certification.
Grand Opening Support
Over the years, California Skateparks has developed an extensive network of event specialists who coordinated with local vendors, skate shops, action sports brands, professional athletes, event series, etc. California Skateparks will provide and connect the Client with these specialists who are key in creating unforgettable grand openings.
Controlling Costs
California Skateparks’ cost management system is highly disciplined and integrated into the entire design-build process. This ensures that all aspects of the project coincide with one another and are accurate in real time. California Skateparks’ cost estimating begins early in the design process and is repeated at each phase of design. To further the accuracy of these cost estimates, California Skateparks utilizes 3D modeling to gather detail material take-offs and on-going construction projects to collect current material costs and labor rates. As the design develops and prices fluctuate, California Skateparks’ management team is able to constantly monitor the cost of the project to guarantee that it is always within budget.
Alaïa Chalet
439
Understanding of Project
24 Design Creativity
California Skateparks is always striving to create projects that are innovative, iconic, and memorable. By working closely with professional athletes and analyzing skatepark industry trends, California Skateparks is able to consistently craft modern and intriguing designs.
These designs not only implement new and creative design solutions, but create parks that are fun and promote progression for all skill levels and action sports disciplines.
Furthermore, California Skateparks takes inspiration from local cultures to develop features that pay homage to the places in which they are located. Take the San Luis Obispo Skatepark for example. This skatepark pays homage to the city’s deep-rooted surfing culture by implementing a large concrete wave into the snake run. Additionally, San Luis Obispo’s natural, Spanish, and skate cultures are all portrayed throughout the many features found within the park. Regardless of the project, park concepts will be thoroughly explored and developed through 3D modeling, and be shared with City Officials and stakeholders for review.
By exploring this design process, California Skateparks ensures that all of our projects will become memorable, iconic, and cultural facilities for all to enjoy.
Another aspect that sets California Skateparks apart from our competitors is our ability to collaborate with local artists to create iconic, action sports friendly sculptures. Not only do these art sculptures add to the usability of our projects, but allow local artists to get involved in the creation of valuable community assets. Additionally, these art pieces provide a perfect opportunity to promote the local culture of the surrounding environment. One recent example when California Skateparks coordinated with local artists to create a memorable action sports friendly art sculpture is the Lauridsen Skatepark in Iowa. Our design team worked closely with a local sculptor and metal worker to create an iconic “WOW” sign that serves as a central focal point for the project. This massive art installation also serves as a ridable feature and was implemented into the design to improve flow and provide users with essential turnaround points. Even though the Lauridsen Skatepark is fairly new, the “WOW” sign has already become an iconic landmark for the City of Des Moines.
Construction Quality
California Skateparks understands that the La Colonia Skatepark demands a level of quality that is aspirational. In addition to our California Skateparks QA/QC inspections, official inspections, engineer’s inspections, and permit inspections, our end product will be judged worldwide by a variety of critical action-sports enthusiasts and spectators. For these reasons, California Skateparks will apply rigorous Quality Assurance and Quality Control measures to ensure the extraordinary attention we give to the design is successfully translated into a highquality and durable product. The California Skateparks team will review the quality of work on a continual basis. No corners will be cut, when a product is delivered to the site that does not meet the standard, it will be rejected. All specialty construction, including metalwork, formwork cutting, and shotcrete blending, will be performed by our leading experienced professionals. Through these strict measures, California Skateparks guarantees that the La Colonia Skatepark will be swiftly built to the utmost quality and be seen by the local and international communities as a prime example for an Olympic quality skatepark development. 440
Online Design Survey Results Public Engagement Meeting
Community Engagement
Community Engagement Approach and Experience
California Skateparks is excited about the opportunity to engage with the community regarding the design of the new La Colonia Skatepark project. The City and stakeholders are the driving force behind this process, and will be included in every aspect of the design phase. California Skateparks fully intends on working closely with the City and action sports athletes to craft a final plan that is responsive to the desires of the community. Online surveys and public meetings are key to this process and will be used to ensure a successful project.
In response to the 2020 COVID-19 Pandemic, California Skateparks developed and utilized online surveys to virtually gather a wide variety of relevant data and demographics from the community in order to help lay a foundation for design. With the success of these surveys and the key analytics gathered from them, our design team has continued to use these online surveys to efficiently gain valuable base information and receive feedback on preliminary designs. Furthermore, the information gathered can be compiled into an info-graphic report so that the data can be easily viewed, understood, and analyzed.
In addition to the use of online surveys, California Skateparks still understands the value that in-person public meetings have on a project. In-person public meetings provide great opportunities for the community to give their personal input and share their thoughts and concerns about the project. By partaking in interactive design stations, open Q & A’s with the design team, one-on-one conversations with the skatepark designers, or preliminary design critiques; the community will have plenty of ways to give feedback to ensure the end product truly reflects the needs of the local community. The combination of both in-person public meetings and online survey ensures a final design that has full community support! 25 441
Activity / Task Name Completion Date
(Duration)
Contract Notice to Proceed February 2025
Design Initiation and Assessment (Kick-Off Meeting and Site Visit, Preliminary Investigations, and Project Programing)
March 2025
(30 Days)
Stakeholder Online Design Survey and
Public Engagement Meeting #1
May 2025
(60 Days)
Preliminary Concept Plans and Public Engagement Meeting #2 July 2025 (60 Days)
Final Concept Plan and Public Hearing Presentations September 2025 (60 Days)
Construction Documentation (50% Complete Levels) October 2025 (30 Days)
Construction Documentation (70% Complete Levels) November 2025 (30 Days)
Construction Documentation and Permitting
(100% Complete Levels)
January 2026
(60 Days)
Construction Phase #1 (Mobilization, Drainage, Walls,
Rough Grading, Ornamental Metals, and Fine Grading)
May 2026
(120 Days)
Construction Phase #2 (Formwork, Rebar, Shotcrete, Concrete Flatwork, Detailing, Landscaping, Furnishing, and Demobilization) October 2026
(150 Days)
Project Substantial Completion,
Commissioning, and Occupancy
October 2026
(20 Months Total)
Schedules & Timelines
Prior to the start of the project, California Skateparks will develop a detailed master schedule to define all design-build tasks; their duration and competition dates; document submittal dates; and allowances for Client review periods. Regularly occurring meetings with the California Skateparks team and the Client will also be scheduled in conjunction with relative tasks and be incorporated into the master schedule. The development of this detailed master schedule not only ensures that California Skateparks and the Client fully understand the projects’ scope and task durations, but is core to California Skateparks’ method of keeping the project on schedule. Below, California Skateparks has developed a simplified Project Milestone Schedule that highlights major project activities / tasks, key deliverable dates, and task durations that California Skateparks is confident will reduce the City’s stated project time frame of 24 months by 4 months.
Project Milestone Schedule
*Schedule shown is preliminary only and subject to change due to unforeseen circumstances* Project Schedule
26 442
A Gathering Place Skatepark
Capacity
California Skateparks strategically schedules design-build teams to each project to ensure appropriate time and staff availability is given to meet all project schedule requirements.
Additionally, California Skateparks’ leadership team constantly manages a handful of incoming and outgoing projects, guaranteeing that every project is given the appropriate resources required to provide first-class service to our Clients.
Warranty
Our confidence in our construction quality is echoed by the enthusiasm of our Clients, and is backed by our comprehensive warranty. California Skateparks guarantees that all work will be free from defect of materials and workmanship for a period of one year from the final acceptance date. Furthermore, California Skateparks agrees to repair and replace, at its own expense, any defective work within a reasonable period of time.
California Skateparks also offers a simple maintenance program to prolong the life of any skatepark project. Outlined in this maintenance program are instructions on how City Staff shall perform routine maintenance and inspections for skatepark projects.
Thank you
From the team at California Skateparks, we would like to thank you for taking the time to read our proposal. California Skateparks is ready to start work on the La Colonia Skatepark Project as soon as possible, and also offer event services to help facilitate a successful grand opening. We look forward to strengthening your action sports community and helping Oxnard celebrate their new skatepark!
Genuine regards,
Joe Ciaglia Zachary Wormhoudt
President / CEO Principle Landscape Architect
California Skateparks California Skateparks
27 Capacity / Warranty / Thank You
443
SNAKE RUN
MULTI-USE STAGE AREA
OLYMPIC QUALITY PARK COURSE
OLYMPIC QUALITY STREET COURSE
INTEGRATED SEATING
OXNARD LETTERS ENTRY MARKER
BACKYARD BOWL
SUSTAINABLE LANDSCAPE
DRINKING FOUNTAIN
MINI RAMP
5 STAIR WITH HUBBA
6 STAIR WITH HANDRAILS & EURO GAP
4 STAIR WITH RAILS & BUMP TO LEDGE
PYRAMID
SCULPTURAL
QUARTERPIPE
FLATBAR
La Colonia Skatepark at Del Sol Park
Overall Site Perspective Concept
PLANTER LEDGE
SHADE AREA WITH TABLES
OXNARD 3D SIGN
BENCH
PLANTER LEDGE
QUARTERPIPES
MANUAL PAD WITH LEDGES & CURB
SMALL RAIL
FUN BOX WITH RAIL & LEDGES
FLAT AREA FOR FREESTYLE
A-FRAME RAIL & LEDGE
FLOATING QUARTERPIPE
EXISTING WALKING PATH
EXISTING WALKING PATH
BANK RAMP
444
La Colonia Skatepark at Del Sol Park
Perspectives Views Concept
Aerial site perspective.
Backyard style pool & sculptural quarterpipe. Perspective view of the lower plaza area.
Perspective of the Olympic quality park & street courses.
Perspective view of the snake run, multi-use stage area & lower plaza.
Backyard style pool. Multi-use stage with a band playing. 445
La Colonia Skatepark at Del Sol Park
Perspective Views Concept
Entry to the Olympic quality park & street courses.
Perspective of the Olympic quality park course.
Perspective of the Olympic quality street course in an event configuration.
Perspective of the Olympic quality park course in an event configuration. 446
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Agreement No. 32500284
Exhibit B
PROJECT DESCRIPTION
The Skatepark in Colonia Project will utilize approximately 2.5 Acres of existing park space on the north east side of Del Sol Park at the corner of North Rose Ave and Camino Del Sol adjacent to one of the City’s oldest and underserved neighborhoods, La Colonia. For this project the City desires an Olympic quality skatepark design that will include areas for all abilities, street obstacles, a bowl, native and drought tolerant landscaping, and utilize existing green infrastructure (bio-retention and bio-infiltration areas) that slows, cleans, and infiltrates runoff.
The Design includes accessible pathways and skatepark lighting. The Skatepark is 40,000 square feet or greater.
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 $363,600.00
Construction Maximum Budget $3,355,408.18
Design and Construction Fee $371,900.82
Total Project Budget $4,090,909.00
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 23-35 for the Design and Construction of a Skatepark at Del Sol Park for general project documents and guidelines.
495
Agreement No. 32500284
EXHIBIT C
PROJECT SCHEDULE
496
LA COLONIA SKATEPARK | PROJECT SCHEDULE
Activity | Task Name Completion Date Duration
Contract Notice to Proceed February 2025 NA
Design Development Phase
Design Initiation
(Kick-OƯ Meeting and Site Visit, Preliminary Investigations, and Project Programing)
March 2025 30 Days
Stakeholder Online Design Survey and
Public Engagement Meeting
April 2025 30 Days
Preliminary Concept Plans May 2025 60 Days
Final Concept Plan and Public Hearing Presentations July 2025 60 Days Construction Documentation
(50% Complete Level)* September 2025 60 Days
Construction Documentation
(70% Complete Level)* November 2025 30 Days
Construction Documentation
(90% Complete Level)* December 2025 30 Days
Construction Documents and Permitting
(100% Complete Level)* January 2026 30 Days
*Assumes three (3) week turnaround for City plan check comments Construction Document Phase
Construction Phase 1
(Mobilization, Drainage, Electrical, Rough Grading Ornamental Metals, and Fine Grading)
March 2026 120 Days
Construction Phase 2
(Formwork, Rebar, Shotcrete, Concrete Flatwork, Detailing, Landscaping, Lighting, Site Furnishings, & Demobilization) October 2026 150 Days
Project Substantial Completion, Commissioning, and
Occupancy February 2027 NA
497
Agreement No. 32500284
EXHIBIT D
SCHEDULE OF SERVICES
498
La Colonia Skatepark Project
Oxnard, CA - United States
November 6, 2024
DESIGN-BUILD COST PROPOSAL BUDGET
Description Units Quantities Unit Prices Budget Amount with Overhead , Profit and General Conditions.
Project Management LS 1 $17,600.00 $17,600.00
Preliminary Investigation LS 1 $59,400.00 $59,400.00
Design and Permitting LS 1 $311,960.00 $311,960.00
Community Engagement LS 1 $11,000.00 $11,000.00
$399,960.00
Survey and Staking LS 1 $23,720.00 $23,720.00
Site Amenities/ Electrical LS 1 $110,000.00 $110,000.00 Underground Detention Basin and Pumps LS 1 $400,000.00 $400,000.00 $533,720.00
Skatepark Illumination to 30 Foot-candles LS 1 $244,500.00 $244,500.00 Estimated Installation of Musco Equipment LS 1 $305,500.00 $305,500.00 $550,000.00
Earthworks - Clearing ,Grubbing and Fine Grading SF 22,000 $4.01 $88,255.00 Irrigation SF 12,000 $6.00 $72,000.00
Planting SF 12,000 $6.50 $78,000.00
Mulch SF 10,000 $1.70 $17,000.00
$255,255.00
Eathworks - Clearing ,Grubbing and Fine Grading SF 40,000 $6.66 $266,200.00 Storm Drain (6" Drain) LF 1,000 $121.00 $121,000.00
Shotcrete SF 12,800 $49.61 $635,008.00
Concrete Flatwork SF 27,200 $22.99 $625,328.00
Walls and ledge Stairs CF 2,900 $96.80 $280,720.00
Pool Coping LF 250 $121.00 $30,250.00
Stainging SF 7,000 $7.26 $50,820.00
Ornamental Metals LF 2,710 $121.00 $327,910.00
Skatepark Drain Inlets Each 27 $545.85 $14,738.00
$2,351,974.00
$399,960.00
$3,690,949.00
$4,090,909.00
Sub-Total Electrical Costs
Preliminary Investigation
Sub-Total Design and Consulting Costs
Construct New Infrastructure
Sub-Total Infrastructure Costs
Construct New Lighting throughout Skatepark
Preconstruction Items Budget
Construction Items Budget
La Colonia Skatepark Project Grand Total
Construct New Landscape throughout the Skatepark
Sub-Total Landscape Costs
Construct New Skatepark
Sub-Total Skatepark Costs
LA COLONIA SKATEPARK PROJECT GRAND TOTAL
499
La Colonia Skatepark Project
Oxnard, CA - United States
November 6, 2024
DESIGN-BUILD COST PROPOSAL BUDGET
Description Units Quantities Unit Prices Budget
Amount
General
Requirements
Fees
Budget Amount
with General
Requirement Fees
Unit Prices with
General
Requirement
Fees
Design and
Construction
Fee
Budget Amount
with Profit,
Overhead and
Genral Conditions
Unit Prices with
Profit, Overhead
and Genral
Conditions
Project Management LS 1 $16,000.00 $16,000.00 $16,000.00 $16,000.00 $1,600.00 $17,600.00 $17,600.00 Preliminary Investigation LS 1 $54,000.00 $54,000.00 $54,000.00 $54,000.00 $5,400.00 $59,400.00 $59,400.00 Design and Permitting LS 1 $283,600.00 $283,600.00 $283,600.00 $283,600.00 $28,360.00 $311,960.00 $311,960.00 Community Engagement LS 1 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $1,000.00 $11,000.00 $11,000.00 $363,600.00 $363,600.00 $36,360.00 $399,960.00
Survey and Staking LS 1 $24,000.00 $24,000.00 $2,400.00 $26,400.00 $26,400.00 $2,640.00 $29,040.00 $29,040.00 Site Amenities/ Electrical LS 1 $77,000.00 $77,000.00 $7,800.00 $84,800.00 $84,800.00 $8,480.00 $93,280.00 $93,280.00 Underground Detention Basin and Pumps LS 1 $340,000.00 $340,000.00 $34,000.00 $374,000.00 $374,000.00 $37,400.00 $411,400.00 $411,400.00 $417,000.00 $44,200.00 $485,200.00 $48,520.00 $533,720.00 Skatepark Illumination to 30 Foot-candles LS 1 $205,000.00 $205,000.00 $20,000.00 $225,000.00 $222,000.00 $22,500.00 $244,500.00 $244,500.00 Estimated Installation of Musco Equipment LS 1 $250,000.00 $250,000.00 $25,000.00 $275,000.00 $278,000.00 $27,500.00 $305,500.00 $305,500.00 $455,000.00 $45,000.00 $500,000.00 $50,000.00 $550,000.00 Eathworks - Clearing ,Grubbing and Fine Grading SF 22,000 $3.20 $70,400.00 $7,045.00 $77,445.00 $3.52 $7,744.50 $85,189.50 $3.87 Irrigation SF 12,000 $5.00 $60,000.00 $6,000.00 $66,000.00 $5.50 $6,600.00 $72,600.00 $6.05 Planting SF 12,000 $5.50 $66,000.00 $6,600.00 $72,600.00 $6.05 $7,260.00 $79,860.00 $6.66 Mulch SF 10,000 $1.46 $14,550.00 $1,455.00 $16,005.00 $1.60 $1,600.50 $17,605.50 $1.76 $210,950.00 $21,100.00 $232,050.00 $23,205.00 $255,255.00 Eathworks - Clearing ,Grubbing and Fine Grading SF 40,000 $5.50 $220,000.00 $22,000.00 $242,000.00 $6.05 $24,200.00 $266,200.00 $6.66 Storm Drain (6" Drain) LF 1,000 $100.00 $100,000.00 $10,000.00 $110,000.00 $110.00 $11,000.00 $121,000.00 $121.00 Shotcrete SF 12,800 $41.00 $524,800.00 $52,480.00 $577,280.00 $45.10 $57,728.00 $635,008.00 $49.61 Concrete Flatwork SF 27,200 $19.00 $516,800.00 $51,680.00 $568,480.00 $20.90 $56,848.00 $625,328.00 $22.99 Walls and ledge Stairs CF 2,900 $80.00 $232,000.00 $23,200.00 $255,200.00 $88.00 $25,520.00 $280,720.00 $96.80 Pool Coping LF 250 $100.00 $25,000.00 $2,500.00 $27,500.00 $110.00 $2,750.00 $30,250.00 $121.00 Stainging SF 7,000 $6.00 $42,000.00 $4,200.00 $46,200.00 $6.60 $4,620.00 $50,820.00 $7.26 Ornamental Metals LF 2,710 $100.00 $271,000.00 $27,100.00 $298,100.00 $110.00 $29,810.00 $327,910.00 $121.00 Skatepark Drain Inlets Each 27 $451.00 $12,177.00 $1,221.18 $13,398.18 $496.23 $1,339.82 $14,738.00 $545.85 $1,943,777.00 $194,381.18 $2,138,158.18 $213,815.82 $2,351,974.00 $363,600.00 $363,600.00
$3,331,398.27 $3,355,408.18
$371,900.82 $371,900.82 $371,900.82
$3,694,998.27 $4,090,909.00 $4,090,909.00
Insurance & Bond Total Budget $ 4,090,909.00 3.00% $122,727.27 Project Management Days 30 $720.00 $21,600.00
Superintendent Days 180 $720.00 $129,600.00
Dumpster Each 5 $700.00 $3,500.00
Fuel Gallon 2,000 $5.00 $10,000.00
Storage Container Each 8 $600.00 $4,800.00
Temporary Office Each 8 $615.00 $4,920.00
Temporary Fence LF 1,520 $4.95 $7,524.00
Sub-Total General Requirements Costs $304,671.27 $304,681.18 Construct New Landscape throughout Skatepark
Sub-Total Landscape Costs
Construct New Skatepark
Sub-Total Skatepark Costs
LA COLONIA SKATEPARK PROJECT GRAND TOTAL
Preconstruction Items Budget
Construction Items Budget
Design and Construction Fees
La Colonia Skatepark Project Grand Total
General Requirements Costs
Sub-Total Electrical Costs
Preliminary Investigation
Sub-Total Design and Consulting Costs
Construct New Infrastructure Costs
Sub-Total Infrastructure Costs
Construct New Lighting thoughout the skatepark
500
Design-Build Team Profile
5 Skatepark Designer and Landscape Architect
Lead Consultant
Sub-Consultants
Geotechnical Engineer
Electrical Engineer
Civil Engineer
Lighting Engineer
California Skateparks’ Team and Resumes
California Skateparks is comprised of some the most experienced individuals throughout the international skatepark industry and action sports community, all of which have dedicated their lives to developing spaces for action sports. Furthermore, California Skateparks has built professional relationships with leading firms and has compiled a team of highly experienced consultants to successfully develop the La Colonia Skatepark project. California Skateparks is confident in its team’s ability to deliver a world-class Olympic quality skatepark project.
The following pages outline the California Skateparks design-build team and highlights key team members who are essential in developing this project. Each team member plays a highly specialized role, which has been refined through years of experience, and is prepared to provide their expertise as needed. California Skateparks’ design-build team possesses the experience and knowledge needed to successfully complete the La Colonia Skatepark project to international skatepark standards, on budget and within the proposed time frame. 501
Vans Park Series Montreal
Design-Build Team Profile
California Skateparks Zachary Wormhoudt
273 N. Benson Ave. (Project Manager and Landscape Architect) Upland, California 91786 849 Almar Avenue, Suite 280
(800) 227-5283 Santa Cruz, California 95060
[email protected] (831) 334-4022
www.californiaskateparks.com [email protected]
California Skateparks (CSP) is a full-service design/build corporation based in Upland, California specializing in the development of public and private environments for action sports throughout the United States and around the world. Founded by Joe Ciaglia in 1998, California Skateparks has over 25 years of experience creating a diverse range of public and private skateparks, training facilities, competition courses, plazas, skate spots, bowls, and landscape projects. These projects have not only increased opportunities for a variety of action sports, but have contributed to the environmental, social, and economic sustainability of the communities in which they are located.
California Skateparks is a fully licensed, bonded, and insured contractor specializing in all aspects of skatepark development. What sets California Skateparks apart from other skatepark providers is our impeccable attention to aesthetics and details, in parallel with our understanding of skateboarding and the action-sports industry. We have adapted traditional construction standards and practices to skatepark construction, and developed some of our own; thus giving us a real-world understanding of skatepark development and enabling us to meet the expectations of all action sports athletes.
Through experience and selective recruiting, we have formed a disciplined company comprised of an award-winning design team, diligent construction managers, and comprehensive administrators—all of whom will ensure a successful project and a great Client experience.
Our staff of over 145 experienced and creative professional employees includes registered landscape architects, general contractors, civil and structural engineers, skatepark designers, graphic designers, professional athletes, construction professionals, event coordinators, business-development managers, sponsorship facilitators, and other practitioners who all possess the skills and experience to successfully complete high-quality projects on time and within budget. Together, we are the world’s most experienced and respected skatepark design/build team with more than 400 highly recognized projects and 3.5-million square feet of skatepark construction over the last decade.
6 502
Design-Build Team Profile
California Skateparks
Some of the most notable, world-class facilities that our team at California Skateparks has created includes numerous public concrete skateparks and private projects for Rob Dyrdek, Tony Hawk, Nyjah Huston, Leticia Bufoni, Camp Woodward, Nike, RedBull, and municipalities all over the world. In addition, we currently produce high-profile event courses for World Skate, Street League Skateboarding, Dew Tour, X Games, Vans Park Series, and many others. We take great pride in our work and have gained the reputation for developing skateparks with the highest craftsmanship possible.
While our work speaks for itself, our design and construction processes are the primary reason for our success. Through the utilization of state-of-the-art technology, combined with attention to aesthetics and detail, California Skateparks delivers a focused, cohesive effort from concept to completion. Our professionalized services fully encompass the wide range of needs necessary to build architecture and landscapes for all action sports. Whether we are the general contractor—or a sub to a general contractor—our passion, knowledge, and expertise go hand-in-hand to deliver a superior product to our competitors. California Skateparks follows a construction process and uses sustainable design-build practices that have been proven to be efficient and effective through years of experience developing successful skateparks, large-scale public works, multi-use park facilities, and residential / commercial landscapes.
Equally as important to quality workmanship, is our attention to Client satisfaction and stakeholder collaboration. California Skateparks prides itself on developing and maintaining strong, healthy, and progressive relationships to ensure projects are delivered to the expectations of the stakeholders. From pre-planning workshops to community participation seminars, from detailed design charrettes through to construction, and on to grand openings and maintenance programs, our diverse team is committed to delivering a top-quality experience and producing best-in-class facilities that exceed project objectives. California Skateparks is committed to creating high-quality skateparks for our Clients, the community, and for the future of action sports.
X Games Ventura
7 503
Design-Build Team Profile
8 Earth Systems
5917 Olivas Park Drive, Suite F
Ventura, California 93003
(805) 642-6727
[email protected]
www.earthsystems.com
With over 50 years of experience in California and an office in Ventura, Earth Systems brings detailed knowledge of soil, groundwater, and geologic conditions to the project. They offer a full range of expert services in the fields of geotechnical engineering, engineering geology, geophysical surveys, and materials testing and inspection. Their local staff consists of registered geotechnical engineers, engineering geologists, soil technicians, and special inspectors. Their geotechnical engineering and geology professionals have established an excellent reputation for providing thorough, high quality geotechnical and geology services.
Earth Systems maintains a fully accredited materials testing laboratory with the capacity to perform hundreds of tests upon soils, concrete, asphalt, steel, and other building materials.
Earth Systems has provided geotechnical services for many skatepark projects throughout Southern California with components such as concrete slabs, ramps, bowls, retaining walls, stairs, and other concrete skate features as well as associated hardscape, landscape, and site lighting. They maintain a successful working relationship with California Skateparks, having worked together on several skatepark projects in the past, including Westpark Skate Park (Ventura), Watts Skatepark (Los Angeles), and Venice Skatepark. Earth Systems is also familiar with the soil and geologic conditions at Del Sol Park, having previously provided geotechnical engineering services for the community garden and restroom building. For both projects, Earth Systems drilled borings and conducted laboratory testing on the soil samples, provided geotechnical analysis, and recommendations in geotechnical engineering reports.
Venice Skatepark
504
Design-Build Team Profile
9 Lucci & Associates, Inc.
3251 Corte Malpaso, #511
Camarillo, California 93012
(805) 389-6520
[email protected]
Lucci & Associates Incorporated has been a leading Electrical Engineering Design Facility in Ventura County providing innovative design and exceptional electrical engineering consulting services since 1988. They also provide on-call Electrical Engineering Services for City of Port Hueneme, City of Redondo Beach, County of Ventura, Moorpark Community College, and Ventura Community College.
Furthermore, Lucci & Associates has provided Electrical Designs for projects across the United States and in Europe, Asia, Middle East, South America, and New Zealand. They have also been instrumental in the Electrical Design of Theme Parks (Universal Studios, Great American, Cedar Fair, Legoland, and Disneyland), Sound Stages/Studios (Universal Studios, Netflix, Google, ABQ Studios, Manhattan Beach Studios, Culver Studios, Deep South Studios, etc.), and Studio Complex Electrical Designs for over 30 years. They are registered in over 35 states and provide our design/consulting services on a vast variety of projects. Lucci & Associates has won numerous awards from organizations like THEA (Themed Entertainment Association), Architectural Digest, and Lighting Design and Application.
They are registered in over 35 states and provide our design/consulting services on a vast variety of projects. Lucci & Associates has enjoyed long relationships with many of its clients, some for over 30 years. They believe our success is a product of these partnerships, and they continue to be committed to fostering their relationships.
Encompass Consultant Group (ECG)
333 N. Lantana, Suite 287
Camarillo, California 93010
(805) 322-4443
[email protected]
www.ecgcivil.com
Encompass Consultant Group, Inc. (ECG) is a local firm established in 2016. A 100% employee-owned company, we are committed to providing quality Civil Engineering, Land Surveying and Land Planning services to both public and private clients throughout Ventura, Santa Barbara, and Los Angeles Counties.
Since 2017, ECG has held on-call service contracts with the City of Oxnard, contributing to numerous successful City projects by providing expert civil engineering and hydrology designs, survey and mapping services, and map plan checks. Our team has consistently delivered high-quality services, including support for the design of multiple parks, with a deep understanding of the City’s policies and procedures to ensure projects progress smoothly and efficiently.
505
Design-Build Team Profile
10 Musco Lighting
3002 Dow Ave. Ste. 504
Tustin, California 92780
(213) 440-5784
[email protected]
www.musco.com
Since 1976, Musco Lighting has specialized in the design and manufacture of sports lighting, with innovations in glare reduction and light control responsible to the needs of facility owners, users, neighbors, and the night sky. Musco’s Total Light Control – TLC for LED™ technology delivers a level of light control and uniformity that can’t be matched, and is the solution of choice for neighborhood Little League® fields, collegiate and professional stadiums and arenas, international airports, rail yards, the Olympic Games, landmarks, and some of the largest ports around the world. Musco has a global team of experts that partner with customers to plan, complete, and maintain a cost-effective, trouble-free lighting solution for their facility.
In preparation for the La Colonia Skatepark project, California Skateparks coordinated with Musco Lighting to perform a preliminary photometric study and illumination summary of the site and initial design (as seen below). Furthermore, the completed preliminary concept design and renderings of the La Colonia Skatepark can be found in the “Graphic Submittal” section of this proposal.
506
Joe Ciaglia
President // CEO
Qualifications
Years of Experience: 25 years
Certifications: Contractors
State License Board Contractor
License #962150
Experience
For over two decades, Joe has pioneered and revolutionized the way skateparks are designed, built, and viewed by the general public. Whether it be from his involvement in hundreds of elite-level projects or reputable public skateparks, Joe has developed experience that is unmatched within the industry.
Paris 2024 Olympic Games
Tokyo 2020 Olympic Games
World Skate OQS Budapest
World Skate OQS Shanghai
World Skate Dubai 2024
World Skate Tokyo 2023
54 Street League Courses
X Games Ventura
X Games Southern California
Powder Springs Skatepark
Aljada Skatepark
Pizzey Park Skatepark
Lauridsen Skatepark
Parc Olympique Skatepark
Vans Salt Lake City Skatepark
Vans “Off The Wall” Skatepark
Lai Chi Kok Skatepark
Tinnell Memorial Sports Park
Kennesaw Skatepark
Badalona Skatepark
Oxnard Skatepark
Jacksonville Art Walk Skatepark
Linda Vista Skatepark
A Gathering Place Skatepark
Thousand Oaks Skatepark
Etnies Skatepark
Stoner Skate Plaza
Venice Beach Skatepark
Camp Woodward
Nyjah Huston Training Facility
Fantasy Factory
S e l e c t e d
Projects
11 507
Zach Wormhoudt
Project Manager // Landscape Architect of Record
Qualifications
Years of Experience: 25 years
Education: B.S. Landscape
Architecture, California
Polytechnic State University
Certifications: Licensed
Landscape Architect #4305
Paris 2024 Olympic Games
Tokyo 2020 Olympic Games
World Skate OQS Budapest
World Skate OQS Shanghai
World Skate Dubai 2024
16 Vans Park Series Courses
X Games Ventura
X Games Southern California
Dew Tour Des Moines
Powder Springs Skatepark
Pizzey Park Skatepark
Lauridsen Skatepark
Parc Olympique Skatepark
Vans Salt Lake City Skatepark
Vans “Off The Wall” Skatepark
Tinnell Memorial Sports Park
Jacksonville Art Walk Skatepark
Linda Vista Skatepark
A Gathering Place Skatepark
Riverside NYC Skatepark
Oxnard Skatepark
Venice Beach Skatepark
Lake Cunningham Skatepark
San Luis Obispo Skatepark
Milpitas Skatepark
Louisville Skatepark
Tuttle Skatepark
Thousand Oaks Skatepark
South San Francisco Skatepark
Woodward Tahoe Skatepark
Tribeca Skatepark
Experience
As a Landscape Architect for nearly thirty years, Zach has become known within the industry as one of the most
experienced and knowledgeable developers. From his
involvement in the world’s first public skatepark, to serving as a Project Manager for countless world-class projects, Zach has gained an unparalleled reputation within the industry.
S e l e c t e d
Projects
12 508
Miki Vuckovich
Director of Strategic Initiatives
Qualifications
Years of Experience: 20 years
Education: B.A. Writing,
University of California San Diego
M.A. Nonprofit Leadership and
Management, University of
San Diego
Experience
As a leader in the skatepark-advocacy movement over the past 20 years, Miki has worked with cities and community groups across the U.S. to plan, fundraise, and open more than 600 public skateparks. Miki’s experience researching and understanding the role of skateparks has helped to tailor each one to meet the needs of the community it serves.
Paris 2024 Olympic Games
World Skate OQS Budapest
World Skate OQS Shanghai
World Skate Dubai 2024
World Skate Tokyo 2023
World Skate Rome 2023
X Games Ventura
X Games Southern California
Dew Tour Des Moines
Powder Springs Skatepark
Aljada Skatepark
Lauridsen Skatepark
Vans Salt Lake City Skatepark
Vans “Off The Wall” Skatepark
Tinnell Memorial Sports Park
Kennesaw Skatepark
Lakewood Skatepark
San Luis Obispo Skatepark
Tuttle Skatepark
Linda Vista Skatepark
Dodge Skatepark
La Colonia Skatepark
Stoner Skate Plaza
Pier 62 Hudson River Park
LES Skatepark
Watts Skatepark
Chandler Park Skatepark
Lynch Family Skatepark
Peck Park Skatepark
Prince Park Skatepark
Park De La Cruz Skatepark
S e l e c t e d
Projects
13 509
Jaxon Statzell
Landscape / Skatepark Designer // Lead Designer
Qualifications
Years of Experience: 15 years
Education: Bachelors of Arts,
Environmental Design
University of Colorado, Boulder
Experience
Growing up in the mountains of Colorado, Jaxon became
obsessed with searching out new skate terrain and
learning the intricacies of skatepark design. Jaxon’s years of experience designing world-class skateparks has given him an unmatched understanding of spatial relationships, proportions, and design innovation.
Paris 2024 Olympic Games
Tokyo 2020 Olympic Games
World Skate OQS Budapest
World Skate OQS Shanghai
World Skate Dubai 2024
World Skate Tokyo 2023
36 Street League Courses
X Games Ventura
X Games Southern California
Powder Springs Skatepark
Aljada Skatepark
Pizzey Park Skatepark
Lauridsen Skatepark
Parc Olympique Skatepark
Vans Salt Lake City Skatepark
Vans “Off The Wall” Skatepark
Lai Chi Kok Skatepark
Tinnell Memorial Sports Park
Kennesaw Skatepark
Badalona Skatepark
Jacksonville Art Walk Skatepark
Linda Vista Skatepark
A Gathering Place Skatepark
Chandler Park Skatepark
La Colonia Skatepark
Tribeca Skatepark
Riverside Skatepark
Erie Community Skatepark
Surprise Farms Skatepark
El Sereno Skatepark
Upcounty Maui Skatepark
S e l e c t e d
Projects
14 510
Kord McKinney
Landscape / Skatepark Designer // Lead Draftsman
Qualifications
Years of Experience: 6 years
Education: B.S. Landscape
Architecture, Minor in
Sustainable Environments,
California Polytechnic State
University San Luis Obispo
Experience
As California Skateparks’ lead Draftsman, Kord is well versed on the many technical programs required to effectively
create and portray complex skatepark designs. Additionally, Kord is highly knowledgeable on the spatial relationships, proportions, and design innovations that are required to create successful skatepark projects.
Powder Springs Skatepark
Aljada Skatepark
Pizzey Park Skatepark
Lauridsen Skatepark
Parc Olympique Skatepark
Vans Salt Lake City Skatepark
Kwok Shui Road Skatepark
Chandler Park Skatepark
Lakewood Skatepark
Hermiston Skatepark
Shiga Training Facility
Jacksonville Art Walk Skatepark
Madar Phase II Skatepark
Lake Oswego Skatepark
Tuttle Skatepark
Watts Skatepark
Thousand Oaks Skatepark
Scotty Lapp Skatepark
Hanoi Skatepark
Unicorn House
Woodward Town Centre
South San Francisco Skatepark
Paris 2024 Olympic Games
Tokyo 2020 Olympic Games
World Skate OQS Budapest
World Skate OQS Shanghai
World Skate Dubai 2024
World Skate Tokyo 2023
World Skate Rome 2023
X Games Ventura
Dew Tour Des Moines
S e l e c t e d
Projects
15 511
Mario Rodriguez
General Contractor // Construction Superintendent
Qualifications
Years of Experience: 30 years
Certifications: Contractor
License #962150
Certified Construction Team:
ACI Shotcrete Nozzle-man;
Brian Pino #01190829
Experience
As a Licensed Contractor and California Skateparks’ lead Construction Manager, Mario has arguably spent more
time on skatepark construction sites than anyone else in the industry. From his immense time on the job site, Mario has gain unprecedented experience in construction / crew management, planning, estimating, and scheduling.
Merida Skatepark
Powder Springs Skatepark
Aljada Skatepark
Queretaro Skatepark
Lauridsen Skatepark
Parc Olympique Skatepark
Vans Salt Lake City Skatepark
Vans “Off The Wall” Skatepark
Tinnell Memorial Sports Park
Kennesaw Skatepark
Badalona Skatepark
Oxnard Skatepark
San Luis Obispo Skatepark
Lake Oswego Skatepark
Watts Skatepark
Alcanfores Skatepark
Stoner Skate Plaza
Milpitas Skatepark
Nipomo Skatepark
Nike Templo Mayor
La Mexicana Skatepark
Park De La Cruz Skatepark
Paris 2024 Olympic Games
Tokyo 2020 Olympic Games
World Skate OQS Budapest
World Skate OQS Shanghai
World Skate Dubai 2024
World Skate Tokyo 2023
X Games Ventura
X Games Southern California
Dew Tour Des Moines
S e l e c t e d
Projects
16 512
Key Personnel
17 Experience
As a registered civil and geotechnical engineer with 38 years of experience, Anthony Mazzei (“Tony”) is known for his excellent project and team management skills, as well as his knowledge and understanding of both the geotechnical engineering and materials testing/inspections of project construction. With many years of experience in the Oxnard and Ventura region, he is familiar with the soil and groundwater conditions in the region and has developed a reputation for innovative, constructible, and cost-effective solutions for potentially adverse site conditions that could otherwise result in construction delays or increased site development costs.
Selected Projects
- Westpark Skatepark - Watts Skatepark - Venice Skatepark - Ojai Skatepark - Grover Beach Skatepark - Solvang Skatepark - Nipomo Skatepark - Santa Rosa Skatepark - Del Sol Park Anthony Mazzei
Managing Principal // Senior Vice President
PE #67802 , GE #2823
Experience
James Fallon has over 25 years of experience on a wide variety of land surveying and geomatics projects. He has been responsible for the direct management and production of survey tasks in support of public works and private land development projects, both in the field and in the office. Work performed includes topographic mapping, monument preservation, public agency map and document review, geodetic control networks, boundary surveys, easement and legal description preparation, subdivision mapping, lot line adjustments, ALTA land title surveys, condominium plans, right of way acquisition surveys, construction staking, and data acquisition for Geographic Information Systems (GIS).
Selected Projects
- Oxnard Survey & Plan Check - Borchard Park Skatepark - Fremont Park - Oxnard Map Review - Campus Park - Del Sol Park
James Fallon
Principal Surveyor
PLS #7807, California
513
Key Personnel
18 Experience
Sal Contreras is a Principal Engineer with over 25 years of civil engineering design experience involving project master planning, public improvement projects, and private land developments.
Mr. Contreras is well versed in the management and preparation of feasibility studies, due diligences, master plans, construction plans, specifications, and estimates, and providing construction administration services. He has extensive experience with potable and recycled water infrastructure, water storage tank design, hydrologic and hydraulic studies, grading and drainage design. Mr. Contreras oversees both technical and professional personnel, interfacing with key public works agencies including state and local agencies.
Selected Projects
- Oxnard Survey & Plan Check - Campus Park - Oxnard Sports Park - Arroyo Verde Park - Oxnard College Park - Ventura Community Park Sal Contreras
Principal Engineer
PE #66720, California
Experience
Ken Lucci graduated Ohio University in 1971 with a degree in Engineering Physics and a masters in EE. After graduation, Ken was employed by the U.S. Navy at a Research Lab located in Port Hueneme. After 9 years at this facility, Ken began employment with Litton Industries as a senior engineer on a project for the Royal Saudi Air Force. Ken was responsible for the electrical portion of the $645M construction project, and after completion of this project, Ken returned to the US and started Lucci & Associates in Camarillo. Ken was named president of the Association of Consulting Electrical Engineers from 1995-96 and the Association of Energy Engineers have since certified Ken Lucci as a Lighting Efficiency Professional.
Selected Projects
- Del Sol Park Restrooms - Borchard Park Skatepark - Simi Valley School District - College Estate Park Restroom - Malibu Skatepark - Oxnard College Kenneth W. Lucci
Principal // President
California PE 1974 E8340
514
EXHIBIT E
REQUIREMENTS FOR SUBMITTALS TO CITY
(a) Insurance and Bonds
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.
1. The program shall include:
A. 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.
B. Specific steps to be taken by the City to ensure all required materials tests and special/deputy inspections are performed at each project phase. The Design-Build Team shall provide a minimum of 72-hours prior notification for any special/deputy inspections to allow for adequate scheduling time.
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 Designer Professional of Record and it’s 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.
A. Include specific material testing requirements during construction that the Design-Build Team will perform and report to the City for concurrence.
B. Include specific material testing requirements during construction that the City will need to perform and share results with the Design-Build Team. (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 515
mobilization plan and schedule shall be reviewed by the City prior to execution of the DesignBuild 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.
ii. The Design-Build Team shall also submit a plan for review and approval of all required construction phase submittals by the Design Professional(s) 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.
516
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 CITYS PROJECT MANAGER
JOBSITE MANAGEMENT AND LOGISTICS PLAN;
INITIAL CONSTRUCTION SCHEDULE DEADLINE;
GMP PROPOSAL SUBMITTAL DEADLINE;
MINIMUM SITE VISITS;
MILEAGE RATES;
DESIGN/BUILDERS OVERHEAD AND PROFIT PERCENTAGE SHALL NOT EXCEED ).)% WITHIN THE GMP AND 0.0% FOR ADD OR CREDIT CHANGE ORDERS. === RESERVED FOR DESIGN BUILD TEAM ===
517
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 CITYS 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 ===
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Agreement No. 32500284
EXHIBIT H
FORM INS-G: INSURANCE REQUIREMENTS
INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS (WITHOUT BUILDER’S RISK
REQUIREMENT)
1. Contractor shall obtain and maintain during the performance of any services under this Contract the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Contractor, its agents, representatives, employees or subcontractors. a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $2,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project location or shall be twice the occurrence amount;
b. Business Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;”
c. If architectural, engineering, or electrical work will be performed under the Contract, Professional Liability/Errors and Omissions Insurance appropriate to the work being done in an amount not less than $1,000,000, with neither Contractor nor listed subcontractors having less than $500,000 individually. The Professional Liability/Errors and Omissions Insurance must be project specific with at least a one year extended reporting period, or longer upon request.
d. Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.
2. Contractor shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-G. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before work commences. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email. If you have not received your request or are having difficulty with electronic upload, contact [email protected]
3. Contractor agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled by either party, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager.
The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.
4. Contractor agrees that the Commercial General Liability and Business Automobile Liability Insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects:
liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-G or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).
5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance or self-insurance coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
6. Any deductibles or self-insured retentions must be declared to and approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its City Council, officers, employees and volunteers, or the Contractor shall procure a bond guaranteeing 519
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payment of losses and related investigations, claim administration and defense expenses.
7. All insurance standards applicable to Contractor shall also be applicable to Contractor’s subcontractors. Contractor agrees to maintain appropriate agreements with subcontractors and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.
INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS
1. Certificates of Insurance
The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample.
Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City=s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.
2. Endorsement Forms
Original endorsements are required for general liability and automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that you use the endorsement forms which are attached.
Substitute forms will be accepted, however, as long as they include provisions comparable to the attached.
INS-G.doc
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ACORD CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
CODESUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE
INSURED COMPANY
LETTER ASPECIFY COMPANY NAMES IN THIS SPACE
COMPANY
LETTER B
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DD/YY) LIMITS
A GENERAL LIABILITY
[x] COMMERCIAL GENERAL LIABILITY [ ]
CLAIMS MADE [x] OCCUR.
[x] OWNER’S & CONTRACTOR’S PROT.
GENERAL AGGREGATE $2,000,000
PRODUCTS COMP/OP AGG. $2,000,000
PERSONAL & ADV. INJURY $2,000,000
EACH OCCURRENCE $2,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $
A AUTOMOBILE LIABILITY [x] ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
COMBINED SINGLE $1,000,000 LIMIT
BODILY INJURY $
(Per person)
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $
A EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM
EACH OCCURRENCE $
AGGREGATE $
A WORKERS’ COMPENSATION AND EMPLOYERS’ LIABILITY
STATUTORY LIMITS
EACH ACCIDENT $1,000,000
DISEASE-POLICY LIMIT $1,000,000
DISEASE-EACH EMPLOYEE $1,000,000
A OTHER
Errors and omissions insurance or malpractice insurance available for the insured’s profession; if architectural, engineering or electrical work will be performed under the Contract
Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
CERTIFICATE HOLDER
CITY OF OXNARD ℅ Evident ID, Inc. 8520
Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED
TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
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GENERAL LIABILITY SPECIAL ENDORSEMENT SUBMIT IN DUPLICATE FOR THE CITY OF OXNARD (the ACity@) 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 NAMED INSURED coverage. ❒Per Occurrence ❒Per Claim (which) APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here ❒ in which case only the following specific agreements and permits with the City are covered: CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE
GENERAL LIABILITY
❒ COMMERCIAL GENERAL LIABILITY
❒ COMPREHENSIVE GENERAL LIABILITY
❒ OWNERS & CONTRACTORS PROTECTIVE
❒ Claims Made
Retroactive Date
❒ Occurrence
OTHER PROVISIONS
COVERAGES
LIABILITY LIMITS IN THOUSANDS $
EACH OCCURRENCE AGGREGATE
❒ GENERAL
❒ PRODUCTS/COMPLETED OPERATIONS
❒ PERSONAL & ADVERTISING INJURY
❒ FIRE DAMAGE
❒
❒
CLAIMS: Underwriter=s representative for claims pursuant to this insurance.
Name:
Address:
Telephone: ( )
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
3. INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.
4. 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.
5. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company=s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
6. 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.
7. 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.
8. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Commercial General Liability Coverage, Aoccurrence@ form CG0001; or b. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.
Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD ℅ Evident ID, Inc.
8520 Allison Pointe Blvd. Ste 223
PMB 5210
Indianapolis, Indiana 462500-4299 US
AUTHORIZED REPRESENTATIVE ❒ Broker/Agent ❒Underwriter ❒ I (print/type name), warrant that I have authority to
bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.
Signature (original signature required)
Telephone: ( ) Date Signed
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AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT SUBMIT IN DUPLICAT FOR THE CITY OF OXNARD (the ACity@) ENDORSEMENT NO. ISSUE DATE (MM/DD 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 $
NAMED INSURED
APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of named insured under all written agreements and permits in force with the City unless check here ❒in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE OTHER PROVISIONS
❒ COMMERCIAL AUTO POLICY
❒ BUSINESS AUTO POLICY
❒ OTHER
LIMIT OF LIABILITY CLAIMS: Underwriter=s representative for claims pursuant to this insurance. Name:
Address:
Telephone: ( )
$ per accident, for bodily injury and property damage.
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or herea attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of suits arising from the operations, produ and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured=s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company=s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30 days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED=S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affe 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, Aoccurrence” form CA0001, code (Aany auto@); or b. If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).
Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsemen 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
bind the above-mentioned insurance company and by my signature hereon do so bind t company to this endorsement.
Signature
(original signature required)
Telephone: ( ) Date Signed
523
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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 524
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 nonFederal 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.)
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(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 526
each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (D) Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance.
8. Prohibition on certain telecommunications and video surveillance services or equipment (Huawei and ZTE)
Contractor is prohibited from obligating or expending loan or grant funds to:
(1) Procure or obtain;
(2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment.
(iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
9. Buy USA - Domestic Preference for certain procurements using federal funds.
Contractor should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section:
(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.
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(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. 528
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
BYRD ANTI-LOBBYING CERTIFICATION
The undersigned [Contractor] certifies, to the best of his or her knowledge, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or 11 cooperative agreement, the undersigned shall complete and submit Standard FormLLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The Contractor, ___________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.
__________________________
Signature of Contractor’s Authorized Official
__________________________
Name and Title of Contractor’s Authorized Official
___________________________
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Exhibit K
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION – LOWER TIER COVERED TRANSACTIONS
(Lower Tier refers to the agency or Contractor receiving Federal funds, as well as any subcontractors that the agency or Contractor enters into contract with using those funds) As required by Executive Order 12549, Debarment and Suspension, and 31 CFR Part 19 and 2 CFR part 180, City may not enter into contract with any entity that is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal Government from participating in transactions involving Federal funds. Contractor is required to sign the certification below which specifies that neither Contractor nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal agency. It also certifies that Contractor will not use, directly or indirectly, any of these funds to employ, award contracts to, engage the services of, or fund any Contractor that is debarred, suspended, or ineligible under 31 CFR Part 19.
Instruction for Certification
1. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
2. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances.
3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definition and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
4. The prospective lower tier participant agrees by submitting this agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
5. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
6. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it 531
determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs.
7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
8. Except for transactions authorized under paragraph 4 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction originated may pursue available remedies, including suspension and/or debarment.
Certification Regarding Debarment, Suspension, Ineligibility an Voluntary Exclusion – Lower Tier Covered Transactions
1. Contractor certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.
2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offence in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsifications or destruction of records, making false statements, or receiving stolen property;
3. Are not presently indicted for, or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with, commission of any of the offenses enumerated in paragraph 2 of this certification, and
4. Have not within a three-year period preceding this application/ proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.
5. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation. __________________________________________
Name (Typed)
__________________________________________
Title and Organization Name (Typed)
__________________________________________
Signature
___________________________________________
Date
532
Exhibit L
S/M/WBE AND LSA FIRM OUTREACH PLAN
Project Number: ______________
Consultant: __________________
Submittal #: __________________
In this section, the Consultant is to provide details regarding strategies and efforts made to solicit, engage and utilize small and minority businesses, women's business enterprises (S/M/WBE) and labor surplus area (LSA) firms to demonstrate responsiveness to 2 CFR § 200.321.
1. Identify the items of work made available to S/M/WBEs and LSAs. Provide a description of the work items, approximate dollar amount and the percentage of the total Contract value.
Description of
Work Item
Contractor
Normally
Performs (Y/N)
Unbundled
from Larger
Scope (Y/N)
If Yes, List
Scope
Amount ($) Percentage of
Contract
2. Describe the outreach efforts to identify S/M/WBEs and LSAs on this Agreement, list agencies/associations/databases consulted and the date, method and result of the outreach efforts (examples include but are not limited to: Small Business Administration, the Minority Business Development Agency, the Department of Commerce, minority business associates, Small Business Development Centers, DGS).
Agency/Associati
on
Chamber/Databas
e Name
Contact
Name
Method of
Outreach
(fax, Email,
Phone, etc.)
Date of
Outreach
Response /
Outcome
533
3. Describe the outreach efforts exerted to ensure that qualified S/M/WBEs and LSAs were solicited and had sufficient information about subcontracting opportunities on this Contract. Include the date and method of the outreach efforts.
S/M/WB
E and
LSA Firm
Name
Contact
Name /
Title
Business
Type
(Small /
Minority /
Women)
Outreach
Method
(Fax,
Email,
Phone,
etc.)
Initial
Outreach
Date
FollowUp Date Response
/
Interested
in Bidding
(Y/N)
4. Detail methods utilized to determine whether S/M/WBEs and LSAs were qualified:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 534
5. What approach was taken to arrange subcontracting work in a way that would encourage the participation of S/M/WBEs and LSAs on this Agreement. Provide examples of how delivery schedules, when permittable, were established in a way that would encourage participation by S/M/WBEs and LSAs.
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________
6. Identify any contractual requirements, incentives, or other measures your team utilized or considered utilizing on this Agreement to promote S/M/WBE and LSA assistance. This may include assistance in meeting insurance limits, bonding requirements, obtaining certifications or licenses that are appropriate in facilitating the type of work the S/M/WBEs and LSAs would be performing. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Note: USE ADDITIONAL SHEETS NECESSARY TO DEMONSTRATE
RESPONSIVENESS.
535
Bond No. __________
Exhibit M
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 SKATEPARK IN COLONIA SPECIFICATION NO. PW 23-35.
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 536
6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.
Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code 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. 537
Bond No. __________
Exhibit N
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 SKATEPARK IN COLONIA SPECIFICATION NO. PW 23-35.
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
a corporation organized and existing under the laws of the State of _________ ______ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Agency in the penal sum of Dollars ($ ), this amount being not less than one hundred percent (100%) of the total Contract Price in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, assignees, successors, executors and administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Agency, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void one (1) year from the date of recordation of the Notice of Completion for the Project; otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred 538
by Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statutes of limitation, statutes of repose and laches as they may apply to an action on this Bond.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, including all incorporated documents, or of the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect the Surety’s obligations under this Bond. The Surety hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. Surety hereby waives California Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.
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.
Bond No. __________
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.
539
Public Project Agreement 32500284 with California
Skateparks for Design Build of the Skate Park at Del
Sol Park Specification No. PW 23-35
Public Works and Transportation Committee
December 17, 2024
Taylor Gambino
Project Manager
540
RECOMMENDATION 2
That the City Council approve and authorize:
1. A total of $4,500,000 in Project funds for the Design-Build of the Skate Park at Del Sol Park Specification No. PW 23-35;
2. The Mayor to Execute an Agreement in the amount of
$4,090,909 with California Skateparks;
3. A Project allocation amount of $409,091 (~10%) for
engineering, inspection, survey and project management; and
4. A budget appropriation in the amount of $100,000 from the available fund balance in the Development Impact Fee Fund (350, sub-fund 8020) to the Skatepark in Colonia Capital Improvement Project (C2249) and corresponding Capital Outlay Fund (301) transfer in/appropriation in the same amount. 541
BACKGROUND
• The Skatepark in Colonia Project will utilize approximately 2.5 acres of existing park space on the northeast side of Del Sol Park in the La Colonia neighborhood.
• The City desires an Olympic-quality skatepark design that will include areas for all abilities. The project also proposes native and drought-tolerant landscaping and utilizes existing green infrastructure.
• The Design includes accessible pathways and skatepark lighting. • The Skatepark is anticipated to be roughly 40,000 square feet in area.
3 542
BACKGROUND
Skatepark Location
4 543
DISCUSSION
• The project is tentatively scheduled to begin in early calendar year 2025 and continue into early 2027.
• This contract will utilize the design-build delivery method, therefore the initial phase of work includes the contractor designing the skatepark, with input from the community and other stakeholders via outreach meetings. • Construction will start after the design is complete. • Staff will work closely with the La Colonia Neighborhood Council 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.
5 544
DISCUSSION
• The Notice of Request for the Pre-Qualification (RFQ) was published on February 1, 2024.
• Three firms submitted their prequalification packets, these being California Skateparks, Grindline Skateparks, Inc., and Spohn Ranch, Inc.; all three of the firms were prequalified on March 13, 2024.
• The Request for Proposals (RFP) on the Design-Build Project was published on August 15, 2024, and proposals were due on October 10, 2024. The City received proposals from the following two of the three prequalified firms:
• California Skateparks and Spohn Ranch, Inc.
• The proposals were consistent with the City’s RFP which identified the guaranteed contract price of $4,090,909.
• This is a Design-Build procurement thus, the proposals had to adhere to a Guaranteed Maximum Price (GMP), which is a guarantee that the cost for the project will not exceed the amount established in the RFP unless there is a change in scope approved by the City, or dramatic unforeseen circumstances are encountered during construction.
6 545
DISCUSSION
Proposal Evaluation Process
• Each proposal had three components:
• A written proposal
• A graphic (concept level) proposal
• A presentation of the proposal and graphic elements
• The proposals were evaluated based on seven scoring criteria:
• (1) Proposal Quality
• (2) Technical Design and Construction Expertise
• (3) Approach
• (4) Availability and Schedule
• (5) Project Understanding
• (6) Life-Cycle Costs Over 15 or More Years
• (7) Guaranteed Maximum Price
• The City utilized a review and scoring panel that included a local professional Skateboarder, along with City employees from the Cultural and Community Services and Public Works departments.
• After thorough review and discussion, the proposal from California Skateparks scored the highest based on the evaluation criteria.
7 546
DISCUSSION
• Staff recommends authorizing $4,500,000 for the project, which includes:
• The project award amount of $4,090,909
• The cost of engineering services and City staff services of $409,091 (10% of the contract cost)
• These recommendations bring the total estimated cost of the project to $4,500,000.
8 547
FINANCIAL IMPACT
• Total cost for this Project shall not exceed $4,500,000, which includes the construction agreement and project allocation.
• Skatepark in Colonia Project (C2249) has a project budget balance of $4.4M from the America Rescue Plan Act (ARPA) Fund (320).
• In addition to the ARPA funding, the Skatepark in Colonia Project (C2249) currently has $100,000 of Development Impact Fees identified in the AB1600 annual report to support the development and completion of this project. It is recommended that the Developer Impact Fees be utilized to cover the cost of the skatepark construction.
• Approval of the recommended action will add $100,000 from the available fund balance in the Development Impact Fee Fund (350, sub-fund 8020) to the Skatepark in Colonia Capital Improvement Project (C2249) and corresponding Capital Outlay Fund (301) transfer in/appropriation in the same amount. After this added appropriation, a total of $4.5M will be available to complete this design-build project.
9 548
QUESTIONS
549
CITY COUNCIL AGENDA REPORT
REPORTS
AGENDA ITEM NO. K.4
DATE: December 17, 2024
TO: City Council
FROM: Alexander Nguyen, City Manager, (805) 385-7430, [email protected] SUBJECT: Accept a grant from the California State Department of Water Resources in the amount of $1,000,000 for the Santa Clara River Levee 3 Construction Project. (10 minutes)
RECOMMENDATION
That the City Council:
1. Adopt a Resolution authorizing the City of Oxnard to enter into Agreement No. 4600015992 with the State of California Department of Water Resources to receive funds for the Santa Clara River Levee Construction Project and authorizing the City Manager or designee to execute the agreement on behalf of the City;
2. Accept a grant from the California State Department of Water Resources in the amount of $1,000,000 for the Santa Clara River Levee Construction Project; and
3. Authorize the City Manager or designee to execute the grant agreement and submit financial reports, grant claims, and approve the necessary budget appropriations for the use of the grant funds.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/3c1yFKsZDgo
BACKGROUND
As part of the State of California (State) Fiscal Year 2023-24 budget process, the City, in partnership with Assemblymember Steve Bennett, Assemblymember Jacqui Irwin, and Senator Monique Limón, successfully obtained $1 million in State funding from the State Department of Water Resources (DWR) for the Santa Clara River 3 (SCR-3) Levee Completion project.
SCR-3, divided by four “Reaches,” or segments, is an earthen levee system constructed by the Ventura County Flood Control District, the predecessor agency to Ventura County Watershed Protection District (VCWPD), in the late 1960s.
The first three Reaches (1-3), completed in February 2018, extend from the downstream limits of the project at Victoria Ave to the point where Ventura Road begins to parallel the Santa Clara River. Reach 4, which is incomplete and is the subject of this report, extends from this point upstream to the Highway 101 crossing (Attachment 1).
In its current condition, Reach 4 does not meet federally mandated levee certification regulations and is, therefore, not currently certifiable by the Federal Emergency Management Agency (FEMA). Upon completion of the project, the SCR3 levee will be able to achieve FEMA levee certification. This $1 million contribution will help provide crucial funding for the completion of Reach 4 of SCR-3.
Primary Responsible Party
The City will act as a pass-through for the $1 million from the State by entering into a yet-to-be-presented funding agreement to City Council between the City and VCWPD for the construction and completion of Reach 4 of the SCR-3 550
levee. This funding agreement will outline the terms and conditions of the funding transfer, the responsibilities of each party, and the timeline for the project. VCWPD, as the lead agency, provides for the control and conservation of flood and storm waters and the protection and maintenance of watercourses, watersheds, levees such as SCR-3, and life and property from damage or destruction from storm flows or flooding throughout Ventura County.
Upon completion, Reach 4 of SCR-3 will provide crucial flood protection to nearly 6,400 residents south of the levee system and vital public infrastructure. This infrastructure includes a former cogeneration plant, a municipal golf course, three municipal landfills, a hotel to the west, the Union Pacific Railroad bridge to the east, two elementary schools, and significant transportation arterial corridors in North Oxnard, including West Gonzales Road and Ventura Road. In total, it is estimated that over 3,800 structures would be at risk during a 1% chance flood event. A 1% chance event is when an area has at least a 1% chance of flooding any given year.
Ventura County Board of Supervisors
Progress on completing SCR-3 is continuing. On October 29, 2024, the Ventura County Board of Supervisors approved VCWPD’s plans and specifications for the SCR-3 levee project and awarded a construction contract to complete Reach 4.
Staff at VCWPD have estimated that construction will begin by the end of 2024 and last approximately two years.
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
There is no match requirement. Grant revenue of $1,000,000 will be recognized and appropriated to the State & Local Grant Fund (210); approval of this agreement has no impact on the General Fund.
City staff will return in early 2025 with a funding agreement between the City and VCWPD to transfer the State DWR funding from the City to VCWPD to help fund the SCR-3 construction project.
COMMITTEE OUTCOME
The Finance and Governance Committee approved 2-0 on November 26, 2024.
Prepared by: Adam Smith, Project Manager
ATTACHMENTS
1. SCR-3 Map
2. Resolution - AB102 Authorizing for State Funds
3. Agreement - 4600015992 Oxnard Santa Clara Levee
4. Presentation - DWR Grant for SCR-3
551
552
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
OXNARD AUTHORIZING THE CITY OF OXNARD TO
ENTER INTO AN AGREEMENT WITH THE STATE OF
CALIFORNIA DEPARTMENT OF WATER RESOURCES TO
RECEIVE FUNDS FOR THE SANTA CLARA RIVER LEVEE
CONSTRUCTION PROJECT AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENT ON BEHALF
OF THE CITY OF OXNARD
WHEREAS, the July 2023 Assembly Bill 102 designated $1,000,000 in funding to the City of Oxnard, for its Santa Clara River Levee Construction Project (the “Project”); and WHEREAS, State Senator Monique Limón, Assemblymember Steve Bennett, and Assemblymember Jacqui Irwin led the efforts to allocate the funding that was also supported by the Ventura County Watershed Protection District and Oxnard city staff; WHEREAS, the responsibility for the administration of the fund, including establishing the necessary procedures for disbursement of the fund, to the California Department of Water Resources (“CDWR”); and
WHEREAS, the Water Authority agrees that the funds should be allocated by CDWR to the City of Oxnard; and
WHEREAS, CDWR requires a resolution from the City of Oxnard authorizing the City of Oxnard to enter into an agreement with CDWR to receive funds and to authorize the City Manager to execute the agreement.
NOW, THEREFORE, the City Council of the City of Oxnard does hereby resolve and find as follows:
Authorizes the City of Oxnard to enter into an agreement with the State of California Department of Water Resources to receive $1,000,000 in funding for its Santa Clara River Levee Construction Project and authorizes the City Manager, or designee, to execute the agreement and any amendments thereto; and to submit any required documents, invoices, and reports required to obtain State funds.
(Continued on next page)
553
Resolution No._______