Agenda packet — Oxnard City Council, February 18, 2025 (part 1 of 5)

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

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

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

OXNARD CITY COUNCIL

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY

OXNARD FINANCING AUTHORITY

OXNARD HOUSING AUTHORITY
Meeting Location: Council Chambers, 305 West Third Street February 18, 2025
Closed Session - 4:30 PM
Regular Meeting - 6:00 PM
Zoom details to call-in for public comment during a meeting:

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

2. Enter Meeting ID: 810 0641 3064

3. Passcode: 613291
If you wish to speak during public comments or a particular item on the agenda, please sign-on by following the zoom call-in steps listed above. Once the presiding officer calls for public speakers, press *9 to raise your hand to inform the City Clerk you would like to speak during the public speaking section for that particular item on the agenda, while in the zoom waiting room. Press *6 when asked to unmute. Listen to the instructions provided virtually on the phone while on hold in the zoom waiting room. Please note that there is a slight time delay when viewing the meeting via television.

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

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

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

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

YOU MAY PARTICIPATE IN THE MEETING IN THE FOLLOWING WAYS:

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

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

AMENDED AGENDA
Info/consent items K-8 and K-9; Report item M-1 were amended. 1 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY February 18, 2025 PAGE 2

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

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

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

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

CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449
B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, a person may address the legislative body only on matters appearing on the closed session agenda. The presiding officer shall limit public comments to three minutes.

C. CLOSED SESSION (4:30 PM)

1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Government Code Section
54956.9(d)(1))
Name of case: Moving Oxnard Forward, Inc. and Aaron Starr v. City of Oxnard Ventura County Superior Court, Case No. 2023CUWM011768
Legislative Body: City Council

2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Government Code Section
54956.9(d)(1))
Name of case: Justin Martinez v. City of Oxnard
Ventura County Superior Court, Case No. 56-2020-00545134-CU-PO-VTA Legislative Body: City Council

3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Government Code Section 54956.9(d)(2))
Based on existing facts and circumstances, there is significant exposure to litigation against the City in one
potential case.

Legislative Body: City Council
D. OPENING CEREMONIES (6:00 PM)
Pledge of allegiance to the flag of the United States.
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY February 18, 2025 PAGE 3
E. CEREMONIAL ITEMS
F. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
A person may address the legislative body only on matters not appearing on the agenda and within the subject matter jurisdiction of the legislative body. Speaker requests shall be submitted as set forth on the first page of this agenda. Speakers are limited to three minutes. After 30 minutes, if all speakers have not had the opportunity to speak, the remaining speakers will be given an opportunity to speak prior to adjournment of the meeting. The legislative body cannot enter into a detailed discussion or take action on any items presented during public comments at this time. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion. Persons wishing to speak on public hearing items should do so at the time of the hearing.

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

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

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

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

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

K. INFORMATION/CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the City Council approve the regular minutes of January 21, 2025 and February 4, 2025.

Legislative Body: City Council
Contact: Luly Lopez, (805) 385-7805

2. Public Works Department
SUBJECT: Public Project Agreement 32500403 with Jaynes Brothers Construction, Inc. for Citywide Playground Replacement Project - Ololkoy Beach Park (Rebid), Specification No. PW 25- 49R.

RECOMMENDATION: That the City Council approve and authorize:

1. A total of $489,759.00 in Project funds for the Citywide Playground Replacement Project - 3 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY February 18, 2025 PAGE 4
Ololkoy Beach Park (Rebid), Specification No. PW 25-49R;

2. The Mayor to execute an Agreement with Jaynes Brothers Construction, Inc. in the amount of $408,133.00 and a Project contingency amount of $40,813.00 (~10%) with Jaynes Brothers Construction, Inc. for a total not to exceed value of $448,946.00 for the Project; and

3. A Project allocation amount of $40,813.00 (~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.)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

3. Public Works Department
SUBJECT: Additional Project Contingency Authority to Agreement 32500074 with LDP Associates, Inc. for the Replacement of the City’s Data Center Cooling System.

RECOMMENDATION:

That the City Council approve and authorize an increase of $50,000 in project contingency authority to an agreement with LDP Associates, Inc. for a new not-to-exceed value of $351,663, for use with the Data Center Cooling System Replacement Project IT 24-134. (This item did not originate in Committee as it is a continuation of an item previously approved by the City Council.)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

4. Public Works Department
SUBJECT: Public Project Agreement 32500393 with CSI Services for Central Park Fountain Renovation Project, Specification No. SD 25-23.

RECOMMENDATION: That the City Council approve and authorize:

1. A total of $723,511.00 in Project funds for the Central Park Fountain Renovation Project, Specification No. SD 25-23;

2. The Mayor to Execute an Agreement with CSI Services in the amount of $602,925.00 for the Project and approve a Project contingency amount of $60,293.00 (~10%) with CSI Services for a total not to exceed value of $663,218.00 for the Project;

3. A Project allocation amount of $60,293.00 (~10%) for engineering, inspection, survey and project management for the Project; and

4. A budget appropriation in the amount of $268,511 from the available fund balance in the Community Facilities District (CFD) 5 Fund (120, sub-fund 6050) to the Central Park Fountain Control Room Renovation Project (C2012) 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.)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY February 18, 2025 PAGE 5

5. Public Works Department
SUBJECT: Multiple Agreements for On-Call Geotechnical Engineering/Environmental Material Testing and Inspection Services Professional Engineering Services.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute the following four Agreements, each with an initial term of one year, from February 19, 2025, to February 18, 2026, with options for exercising four consecutive one-year period extensions ending February 18, 2030, for on-call professional engineering geotechnical services:

1. Agreement 32500365 with Earth Systems Pacific for a total amount not to exceed $1,000,000;

2. Agreement 32500368 with Twining, Inc. for a total amount not to exceed $1,000,000;

3. Agreement 32500375 with Geocon West, Inc. for a total amount not to exceed $1,000,000; and

4. Agreement 32500379 with Shannon & Wilson, Inc. for a total amount not to exceed $1,000,000.
(Public Works and Transportation Committee approved 3-0 on January 28, 2025) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

6. Public Works Department
SUBJECT: Multiple Agreements for On-Call Architectural Design Professional Engineering Services.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute the following Agreements, each with an initial term of two years from February 19, 2025, to February 18, 2027, with an option for three consecutive one-year period extensions ending February 18, 2030, for on-call professional engineering services for architectural design:

1. Agreement 32500354 with Black, O’Dowd and Associates, Inc. DBA BOA Architecture for a total amount not to exceed $750,000;

2. Agreement 32500359 with Jeff B. Zook, A Professional Architectural Corporation DBA Coastal Architects for a total amount not to exceed $750,000;

3. Agreement 32500364 with Roesling Nakamura Terada Architects, Inc. for a total amount not to exceed $750,000; and

4. Agreement 32500361 with Wallace Group, A California Corporation for a total amount not to exceed $750,000.
(Public Works and Transportation Committee approved 3-0 on January 28, 2025) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055

7. Human Resources Department
SUBJECT: A Resolution Adding a CalPERS Medical Plan for NonPERS Elected Officials.

RECOMMENDATION: That the City Council adopt a resolution authorizing the City to add a medical plan for NonPERS Elected Officials.
(This item did not originate in Committee)
Legislative Body: City Council
Contact: Steve Naveau, (805) 385-7947

8. Housing Department
5 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY February 18, 2025 PAGE 6
SUBJECT: Community Development Block Grant (CDBG) Loan Agreement for Casa Aliento.

RECOMMENDATION: That the City Council adopt a resolution authorizing the Housing Director or Designee to execute a $792,999 CDBG Loan Agreement (32500402), and any and all related documents thereto, with Casa Aliento LP for the rehabilitation and conversion of an existing motel into 70 Permanent Supportive Housing Units located at 1245 N. Oxnard Boulevard. (The Community Services, Public Safety, Housing & Development Committee approved 3-0 on January 28, 2025.)
Legislative Body: City Council
Contact: Brenda Lopez, (805) 385-8092

9. Housing Department
SUBJECT: CDBG and In-Lieu Loan Agreement for Dolores Huerta Gardens Apartments, a 58-Unit Affordable Rental Project located at 2161 Etting Road.

RECOMMENDATION: That the City Council:

1. Adopt a resolution authorizing the Housing Director or Designee to execute a $268,074 CDBG Loan Agreement (32500404) and a $631,900 In-Lieu Loan Agreement (32500406), and any and all related documents thereto, with Etting Road LLC for the construction of fifty-eight affordable rental units located at 2161 Etting Road; and

2. Approve and authorize a budget appropriation of $631,900 from the Affordable Housing In-Lieu Fees Fund to support the $631,900 In-Lieu Loan Agreement. (As of the date of this City Council agenda being posted there is not yet an outcome from the Februrary 11, 2025 Community Services, Public Safety, Housing and Development Committee) Legislative Body: City Council
Contact: Brenda Lopez, (805) 385-8092
L. PUBLIC HEARINGS

1. Housing Department
SUBJECT: Fiscal Year 2020-2021 Annual Action Plan Amendment - Community Development Block Grant CARES Act. (10 minutes)
RECOMMENDATION: That the City Council:

1. Conduct a public hearing regarding the fiscal year 2020-2021 Annual Action Plan Amendment;

2. Approve the fiscal year 2020-2021 Annual Action Plan Amendment for the CARES Act reallocations;

3. Authorize the City Manager, and his designees, to incorporate the amended grant allocations into the 2020-2021 Annual Action Plan Amendment for the CARES Act, and allow adjustments within ten percent of the grant allocation or $200,000, whichever is greater;

4. Authorize the City Manager, and his designees, to execute the required documents to submit the 2020-2021 Annual Action Plan Amendment to the United States Department of Housing and Urban Development; and,
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY February 18, 2025 PAGE 7

5. Authorize the City Manager, and his designees, to execute all of the agreements necessary for the implementation of the 2020-2021 Annual Action Plan Amendment. (This is a Public Hearing, therefore this item did not originate in Committee.) Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/mbATWRWzL4E
Legislative Body: City Council
Contact: Brenda Lopez, (805) 385-8092
M. REPORTS

1. Housing Department
SUBJECT: Second Amendment and Extension of the Agreement with the County of Ventura and local hotel operators in support of the Encampment Resolution Funding Program. (10 minutes) RECOMMENDATION: That the City Council:

1. Approve and authorize the Mayor to execute a Second Amendment to Agreement No. 32400434 with the County of Ventura for partnership in delivery of encampment response outreach and case management services via the Ventura County Health Care Agency in the amount of $250,000 for a total agreement amount not to exceed $1,558,614.34, and to extend the term of the agreement to August 31, 2025;

2. Authorize the City Manager, or designee, to negotiate and execute agreements with local hotel operators through August 31, 2025 to offer non-congregate shelter. (This item did not originate in Committee because it is a continuation of an item previously approved by City Council.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/2wV7xKHPq7I
Legislative Body: City Council
Contact: Brenda Lopez, (805) 385-8092

2. Cultural & Community Services Department
SUBJECT: Amendment to Extend the Operating Agreement for the Oxnard Performing Arts & Convention Center Auditorium and Meeting Rooms. (10 minutes) RECOMMENDATION: That the City Council authorize the Mayor to execute the facility management agreement between the City and Sterling Venue Ventures (A-8209 and (A-8210) for:

1. A five (5) year amendment extension for the operation, maintenance, and management of the Oxnard Performing Arts and Convention Center Auditorium and Meeting Rooms. (This item did not originate in Committee)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/n3SoEPOCKEw
Legislative Body: City Council
Contact: Terrel Harrison, (805) 385-7994

3. Finance Department
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OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY February 18, 2025 PAGE 8
SUBJECT: FY 2024-25 Mid-Year Budget. (15 minutes)
RECOMMENDATION: That the City Council:

1. Receive an update on the FY 2024-25 revenue and expenditure projections for major funds; and

2. Approve budget amendments to the General Fund (101), Street Maintenance Infrastructure Use Fee Fund (105), Special Districts Fund (120), Transportation Development Act Fund (212), Capital Outlay Fund (301), Developer & Other Deposits Fund (541), Environmental Resources Operating Fund (631), Public Liability and Property Insurance Fund (701), and the Facilities Maintenance Fund (735) as explained in this report.
(This item did not originate in Committee)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/5G_rb22P0TI
Legislative Body: City Council
Contact: Javier Chagoyen-Lazaro, (805) 200-5400

4. Human Resources Department
SUBJECT: Memorandum of Understanding - Oxnard Public Safety Managers Association. (10 minutes)
RECOMMENDATION: That the City Council of the City of Oxnard adopt a Resolution approving the attached tentative agreement between the City of Oxnard and the Oxnard Public Safety Managers Association (OPSMA) that are proposed to be integrated with the terms of the existing Memorandum of Understanding (MOU) between the City and OPSMA. The integrated document shall be the successor MOU for the term July 1, 2024 through June 30, 2027. (This item did not originate in Committee)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/giD9fekDQVA
Legislative Body: City Council
Contact: Steve Naveau, (805) 385-7947

5. City Attorney Department
SUBJECT: Implementation of Specific Provisions of the Court of Appeal's Decision Regarding the City Treasuer
RECOMMENDATION: That the City Council:

Approve the first reading by title only and waive further reading of an ordinance titled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD AMENDING

SPECIFIC PROVISIONS OF THE OXNARD CITY CODE TO TRANSFER THE DUTIES

RELATING TO THE COLLECTION OF FEES AND TAXES FROM THE CITY TREASURER

TO THE POLICE CHIEF, AND MODIFY THE PROCEDURE FOR THE PAYMENT OF

DEMANDS, WARRANTS AND CHECKS SO THAT CERTAIN DUTIES HELD BY THE CITY

TREASURER ARE TRANSFERRED TO THE ASSISTANT CITY TREASURER or
Alternatively, although not recommended by City staff, direct staff to return with the necessary proposed ordinance and resolution to reorganize and reinstate the duties of the City Treasurer, so the 8 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY

OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY February 18, 2025 PAGE 9
person in that position will serve as the administrative head of staff now associated with the separate Division of Billing and Licensing and as a department head. (This item did not originate in Committee)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/iLBNrcxJ9GA
Legislative Body: City Council
Contact: Stephen Fischer, (805) 385-7483
N. ADJOURNMENT
9 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.1
DATE: February 18, 2025
TO: City Council
FROM: Luly Lopez, City Clerk, (805) 385-7805, [email protected] SUBJECT: Approval of Minutes.

RECOMMENDATION
That the City Council approve the regular minutes of January 21, 2025 and February 4, 2025.

BACKGROUND

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

FINANCIAL IMPACT
There is no financial impact.

COMMITTEE OUTCOME
This item did not originate in Committee.

Prepared by: Luly Lopez, City Clerk

ATTACHMENTS

1. Minutes of the Regular City Council meeting of January 21, 2025

2. Minutes of the Regular City Council meeting of February 4, 2025 10 AGENDA

OXNARD CITY COUNCIL
January 21, 2025
A. ROLL CALL, POSTING OF AGENDA
At 5:30 p.m., Chair Luis Mc Arthur presided and called to order the regular meeting of the Oxnard City Council in the City Hall Council Chambers at 305 West Third Street, Oxnard, California.

Councilmembers Gabriela Basua; Luis Mc Arthur; Bert E. Perello; Michaela Perez; Gabriela Rodriguez; Aaron Starr and Gabriel Teran were present. The City Clerk stated that the agenda was posted on Thursday, January 9, 2025 at the Library, City Hall kiosk, City Administrative Offices and on the website.

CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449
B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
No public comments were received.

At 5:32 p.m., the City Council recessed into a closed session.

C. CLOSED SESSION (5:30 PM)

1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Government Code Section 54956.9(d)(1))
Name of case: Jeff Muzzin v. City of Oxnard
Workers' Compensation Case No.: ADJ14304792
Legislative Body: City Council
D. OPENING CEREMONIES (6:00 PM)
At 6:02 p.m. Chair Luis Mc Arthur presided and called to order the regular meeting of the Oxnard City Council in the City Hall Council Chambers at 305 West Third Street, Oxnard, California.

Councilmembers Luis Mc Arthur; Bert E. Perello; Michaela Perez; Gabriela Rodriguez; Aaron Starr; Gabriel Teran and Gabriela Basua were present.

Stephen Fischer, City Attorney announced that no reportable actions resulted from the closed session.

The meeting opened with the pledge of allegiance to the flag of the United States led by Karina Cortes, followed by a moment of silence in honor of Simi Valley Mayor Fred Thomas who passed away.

Staff members present were Alexander Nguyen, City Manager; Ashley Golden, Assistant City Manager; Stephen Fischer, City Attorney; Michael Wolfe, Public Works Director; Javier Chagoyen-Lázaro, Chief Financial Officer; Jennifer Hiraoka, Senior Manager, Internal Controls; Brenda Lopez, Interim Housing Director; and Lourdes A. López, City Clerk.

E. CEREMONIAL ITEMS
11 January 21, 2025 OXNARD CITY COUNCIL PAGE 2
F. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Public comments were received from Mark Spellman (security issues in Downtown); Lang Martinez (homelessness); Lucy Cartagena (sober living home in La Colonia); Angela Whitecomb (downtown issues); Pattie Braga (Ventura County Leadership Academy); Ozzie Lopez (downtown issues); Adam Vega (community outreach); Abel Velasquez (crime victims); Vanessa Valdez (immigration); Maria Elena Saldana (role models); Greg Runyon (various issues); Lorenzo Castillo (security issues in downtown); Jason Mc Comb (sober living home); Kelly Lank (supports brother); caller ending 9809 (sober living home); Doug Partello (various issues); Roy Ford (sober living home); Phillip Molina (restoring his role); Helena Marino (recent fire); Jesed Pando (sober living home); The Mayor read written comments received from: Heather Schmidt and Carol Mechanick.

G. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
Julie Estrada with Cultural and Community Services described the MLK mural which is displayed in the Council Chambers and includes the 6 principles of nonviolence.

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

BUSINESS/COMMITTEE REPORTS
The members of the Council provided brief announcements regarding their various activities.

Request for future agenda items:

1. Explore developing a narrowly tailored ordinance that bans violent felons from operating group homes and sober living facilities (Councilman Starr)

2. Propose that the City Council conduct a workshop with the City Treasurer to restore his duties as required under State law (Councilman Starr)

3. How we can better regulate nitrous oxide (Mayor Pro Tem Teran) I. REVIEW OF INFORMATION/CONSENT AGENDA
J. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
Pat Brown (restroom in downtown).

K. INFORMATION/CONSENT AGENDA

1. City Clerk Department
SUBJECT: Minutes of the regular City Council meeting of December 17, 2024; and Minutes of the special City Council meeting of December 30, 2024.

RECOMMENDATION: That the City Council approve the minutes.

2. Finance Department
SUBJECT: Update on the Financial Corrective Action Plan (FCAP) For Closing Past Audit Findings.

RECOMMENDATION: That the City Council receive and file the update on the Financial Corrective Action Plan (FCAP) for closing past audit findings. (Finance and Governance Committee approved 3-0 on December 10, 2024) 12 January 21, 2025 OXNARD CITY COUNCIL PAGE 3

3. Public Works Department
SUBJECT: Public Project Agreement 32500302 with Jaynes Brothers Construction, Inc. for the Citywide Playground Replacement Project - Carty Park Specification No. PW 24-125.

RECOMMENDATION: That the City Council approve and authorize:

1. A total of $203,063.30 in Project funds for the Citywide Playground Replacement Project - Carty Park Specification No. PW 24-125;

2. The Mayor to Execute an Agreement with Jaynes Brothers Construction, Inc. in the amount of $169,219.30 and a Project contingency amount of $16,922 (~10%) for a total not to exceed value of $186,141.30 for the Project; and

3. A Project allocation amount of $16,922 (~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.)

4. Public Works Department
SUBJECT: Trade Service Agreement 32500347 with Premier Property Preservation, LLC for Janitorial Services at City Park Restrooms.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an Agreement with Premier Property Preservation, LLC for an initial term of three years from February 1, 2025, to January 31, 2028, with the option for two one-year extensions ending January 31, 2030, for a total not to exceed amount of $1,860,000 for janitorial services at various City park restrooms. (This item did not originate in Committee)
It was moved by Councilwoman Rodriguez, seconded by Councilwoman Perez, to approve the Information/Consent item as presented. VOTE: Perello, Perez, Rodriguez, Starr, Basua, Mc Arthur, and Teran voted in favor; the motion passed 7-0.

L. PUBLIC HEARINGS

1. Housing Department
SUBJECT: Second Substantial Amendment to the 2023-24 Annual Action Plan. (10 minutes) RECOMMENDATION: That the City Council:

1. Conduct a public hearing and receive comments related to the Substantial Amendment to the Fiscal Year 2023-2024 Annual Action Plan;

2. Approve a Substantial Amendment to the 2023-2024 Annual Action Plan, reallocating Community Development Block Grant and HOME Investment Partnership Program funds;

3. Authorize the City Manager and his designees, to execute the required applications, certifications, and other pertinent documents for the submission of the Amendment to the United States Department of Housing and Urban Development;

4. Authorize the City Manager and his designees, to execute the appropriate agreements with subrecipients, and to adjust any of the funding activities, not to exceed ten percent, if the programs require more or less funding to meet their objectives; and,

5. Authorize the City Manager and his designees, to appropriate and recognize grant revenue, for HOME Investment Partnership Program (Fund 202) and Community Development Block 13 January 21, 2025 OXNARD CITY COUNCIL PAGE 4
Grant (Fund 201) funds to the proposed activities identified in this staff report. (The Community Services, Public Safety, Housing and Development Committee approved 3-0 on December 10, 2024.)
The City Clerk announced the affidavit of publication and stated that no written communications were received.

Councilmembers reported that no ex parte communications were received on this item.

Ashley Golden, Assistant City Manager and Brenda Lopez, Interim Housing Director, were available to answer questions.

Mayor Mc Arthur opened the public testimony portion of the public hearing. Public comments were received from Barbara Macri Ortiz (Dolores Huerta project).

Assistant City Manager Golden presented an email that was submitted by Larry Stein. Mayor Mc Arthur read the written comment from Larry Stein which is being incorporated into the record.

With no further requests to speak and without objection, the Council approved closing the public testimony portion of the public hearing. Discussion ensued among the Council and staff.

It was moved by Councilwoman Perez, seconded by Councilmember Perello, to approve the recommended actions as presented. VOTE: Perez, Rodriguez, Starr, Teran, Basua, Mc Arthur, and Perello voted in favor; the motion passed 7-0.

M. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Mc Arthur adjourned the meeting at 8:33 p.m.
________________________________ ________________________________ LOURDES A. LÓPEZ LUIS MC ARTHUR
City Clerk Mayor
14 AGENDA

OXNARD CITY COUNCIL
February 4, 2025
A. ROLL CALL, POSTING OF AGENDA
At 4:39 p.m., Chair Luis Mc Arthur presided and called to order the regular meeting of the Oxnard City Council convened in the Council Chambers at 305 West Third Street, Oxnard, California concurrently with the Oxnard Housing Authority Board of Commissioners.

Councilmembers Gabriela Basua; Luis Mc Arthur; Bert E. Perello; Michaela Perez; Gabriela Rodriguez; Aaron Starr and Gabriel Teran were present. The City Clerk stated that the agenda was posted on Thursday, January 23, 2025 at the Library, City Hall kiosk, City Administrative Offices and on the website.

CONSIDERATION OF TELECONFERENCE PARTICIPATION PURSUANT TO ASSEMBLY BILL 2449
B. PUBLIC COMMENTS ON CLOSED SESSION ITEMS
No public comments were received.

At 4:41 p.m., the City Council recessed into a closed session.

C. CLOSED SESSION (4:30 PM)

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (Government Code section 54956.9(d)(2))
Based on existing facts and circumstances, there is significant exposure to litigation against the City and Housing Authority in one potential case.

Legislative Body: City Council and Oxnard Housing Authority Board of Commissioners

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

Name of case: Dean Basler v. City of Oxnard
Ventura County Superior Court, Case No. 56-2019-00537598-CU-PA-VTA Legislative Body: City Council
D. OPENING CEREMONIES (6:00 PM)
At 6:17 p.m. Chair Luis Mc Arthur presided and called to order the regular meeting of the Oxnard City Council in the City Hall Council Chambers at 305 West Third Street, Oxnard, California. Councilmembers Luis Mc Arthur; Bert E. Perello; Michaela Perez; Gabriela Rodriguez; Aaron Starr; Gabriel Teran and Gabriela Basua were present. The City Clerk stated that the agenda was posted on Thursday, January 23, 2025 at the Library, City Hall kiosk, City Administrative Offices and on the website.

Stephen Fischer, City Attorney announced that no reportable actions resulted from the closed session.
15 February 4, 2025 OXNARD CITY COUNCIL PAGE 2
The meeting opened with the pledge of allegiance to the flag of the United States led by Adilene Avila, followed by a moment of silence in remembrance of the tragic aircraft accidents in Washington DC and in Philadelphia.

Staff members present were Alexander Nguyen, City Manager; Eric Sonstegard, Assistant City Manager; Stephen Fischer, City Attorney; Michael Wolfe, Public Works Director; Javier Chagoyen-Lázaro, Chief Financial Officer; Brenda Lopez, Interim Housing Director; and Lourdes A. López, City Clerk.

E. CEREMONIAL ITEMS

1. SUBJECT: Presentation of Resolution No. 15,845 Commending Clark Owens for Eight Years of Exemplary Service as a Senior Services Commissioner.

Mayor Mc Arthur read Resolution No. 15,845 and presented it to Clark Owens, who followed with a few words. Marisue Eastlake, Recreation Supervisor congratulated Commissioner Owens and thanked him for the years of dedicated service to the City of Oxnard Senior Services Commission.

It was moved by Mayor Mc Arthur, seconded by Councilwoman Rodriguez, to approve the resolution as presented. VOTE: Perello, Perez, Rodriguez, Starr, Basua, Mc Arthur, and Teran voted in favor; the motion passed 7-0.

2. SUBJECT: Presentation of a Proclamation Designating the Month of February, 2025 as "Black History Month."
ACTION: Mayor Mc Arthur read the proclamation and presented to: LaRita Montgomery with the Martin Luther King, Jr. Committee of Ventura County; Dr.

Martha McQueen-Legohn, President of the Alpha Kappa Alpha Sorority Oxnard/Ventura Chapter; Lekishia White, President of Ventura County Alumnae Chapter of Delta Sigma Theta Sorority, Inc.; Julia Dixon, President of the 20th Century Onyx Club; Bruce Stewart accept a proclamation on behalf of Juneteenth Committee of Ventura County, Omega Psi Phi Fraternity, Inc., Ventura County NAACP; Eric Hicks with Shrine, Illustrious Potentate; Solomon Williams of the Masons as the Worshipal Master of Unity Lodge Number 22; and Gary L. Harbour member of Kappa Alpha Psi Ventura Alumni Chapter who thanked the City Council for the recognition.

F. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Public comments were received from Chris Cisneros, Luis Guereca, Crystal Lopez, Jesiah Henricksen, Victor Valadez, Leo Martinez, Vanessa Valdez, Gabriel Hoffman, Amba Norton, Rosie Cervantes, Myriah Ramos, Adrienne Francisco, Elizabeth España, Veronica Hernandez Prado, Miguel Mote Hernandez, Jorge Toledano Ortiz, Alondra Mendoza Martinez, Eulalia Mendoza, Juan Carlos Diaz, Raul Lopez, Erica Valenzuela, Heather Naxu Luhn, Daisy Sampablo, Ilien Tolteca, Mayra Tamayo, Justin Tolteca, Josue Vasquez, Claudia G, Karla Alejandra, Ludi, Jazmin, Briana Becerra, Martin Cazarez, Greg Runyon, Noemi Tungu, Gerardo Santos, Javier Garnica, Carlos Munoz, Arely Garcia, Alina Ramiez, Eduardo Huerta, Vanessa Teran, Santino Mendez, Stanley Espinosa, Jason Mc Comb, Pat Brown, Marco Lopez, Julie Pena, Arthur Valenzuela, Jr., Alejandra Valencia, Alexes, Cristian, Marisol Starr, 16 February 4, 2025 OXNARD CITY COUNCIL PAGE 3
Isabel, Nidia Bello, Caller 2981, Douglas Partello, and Mia Hernandez.

G. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
The City Manager stated that our Police Department does not cooperate with ICE and that it’s not only a City policy but also a California State law. He provided an update on the availability of sandbags throughout the City.

H. CITY COUNCIL BUSINESS/COMMITTEE REPORTS
RECESS
At 9:28 p.m., the City Council recessed and at 9:35 p.m., the City Council reconvened.

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

Councilwoman Perez requested: 1) requested staff to consider vetting for credible resources and creating a section on the City of Oxnard's website for know your rights information that contains pertinent information to know your rights in multiple languages; 2) asked that the City Manager meet with and consider providing a grant to a local non-profit for them to provide community education to inform our residents of their rights; and 3) asked staff to work with our community organizations to review the current language of our resolution and conduct research relevant to our 2025 policies.

Councilman Starr requested: 1) staff maintain a list of open future agenda item requests that are being considered be recorded each meeting with the tentative dates; 2) anti-camping ordinance (update); 3) sober living facilities ordinance.

Mayor Mc Arthur requested: 1) update on his previous requests; 2) creating a committee to explore the differences between a Safe and Sanctuary City; 3) creating a historic district committee; 4) landscape maintenance district; lighting on Oxnard Boulevard between Gonzales and Colonia Road; 5) solar lighting at parks; and 6) signage on Oxnard Boulevard coming into our City.

At 9:58 p.m., the Council voted to continue the meeting past 10:00 p.m., and take action on the remainder of the items on the agenda.

I. REVIEW OF INFORMATION/CONSENT AGENDA
Item Nos. K-2, K-3, K-4, K-5, K-7 and K-8 were reviewed and discussed among the Council and staff.

J. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
No public comments were received.

K. INFORMATION/CONSENT AGENDA
17 February 4, 2025 OXNARD CITY COUNCIL PAGE 4

1. City Clerk Department
SUBJECT: Minutes of the Oxnard City Council.

RECOMMENDATION: That the City Council approve the regular meeting minutes of Oxnard City Council for January 7, 2025.

3. Public Works Department
SUBJECT: Public Project Agreement 32500358 with At Your Service Construction & Energy, Inc., for Restroom Improvement Project - College Estates Park, Specification No. PW 23-28.

RECOMMENDATION: That the City Council approve and authorize:

1. A total of $458,160 in Project funds for the Restroom Improvement Project - College Estates Park, Specification No. PW 23-28;

2. The Mayor to Execute an Agreement with At Your Service Construction & Energy, Inc. in the amount of $381,800 and a Project contingency amount of $38,180 (10%) for a total not to exceed contract value of $419,980 for the Project; and

3. A Project allocation amount of $38,180 (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.)

4. Public Works Department
SUBJECT: Trade Service Agreement 32500297 with County First Fire, LLC (dba County Fire Protection) for Fire Extinguisher Services, Specification No. PW 25-46.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an Agreement with County First Fire, LLC (dba County Fire Protection) for a two-year term from February 5, 2025 to February 4, 2027, for a total contract amount not to exceed $200,000 for fire extinguisher services in various City facilities, vehicles, and equipment.
(As of the date of this City Council agenda being posted, there is not yet an outcome from the January 28, 2025 Public Works and Transportation Committee. Staff is available to answer any questions.)

5. Public Works Department
SUBJECT: Public Project Agreement 32500337 with Langkilde’s Fire Protection Inc. for Maintenance, Inspections and On-Call Minor Repairs for Fire Suppression Systems, Specification No. PW 25-08R.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute an Agreement with Langkilde’s Fire Protection Inc. for a three-year term for a total contract amount not to exceed $700,000 for maintenance, inspections, and minor repairs to fire suppression systems at City-owned facilities. (As of the date of this City Council agenda being posted, there is not yet an outcome 18 February 4, 2025 OXNARD CITY COUNCIL PAGE 5
from the January 28, 2025 Public Works and Transportation Committee. Staff is available to answer any questions.)

6. Public Works Department
SUBJECT: Lease and License Agreement A-8566 with Oxnard Drainage District #1.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a Lease and License Agreement with Oxnard Drainage District No. 1 for an initial term of five years with additional five-year extension term provisions. (As of the date of this City Council agenda being posted, there is not yet an outcome from the January 28, 2025 Public Works and Transportation Committee. Staff is available to answer any questions.)

7. Public Works Department
SUBJECT: Multiple Agreements for On-Call Professional Engineering Services for Water, Wastewater, and Recycled Water Systems.

RECOMMENDATION: That the City Council approve and authorize the Mayor to execute the following Agreements, each with an initial term of one year from February 5, 2025, to February 4, 2026, with an option for four consecutive one-year period extensions ending February 4, 2030, for on-call professional engineering services for Water, Wastewater, and Recycled Water Systems:

1. Agreement 32500306 AECOM Technical Services, Inc. for a total amount not to exceed $1,000,000;

2. Agreement 32500307 Brown & Caldwell for a total amount not to exceed $1,000,000;

3. Agreement 32500308 Carollo Engineers, Inc. for a total not-to-exceed amount of $1,000,000;

4. Agreement 32500309 Dudek for a total amount not to exceed $1,000,000;

5. Agreement 32500310 GHD, Inc. for a total amount not to exceed $1,000,000;

6. Agreement 32500311 Kennedy Jenks Consultants, Inc., for a total amount not to exceed $1,000,000;

7. Agreement 32500326 Michael K. Nunley & Associates, Inc. DBA MKN for a total amount not to exceed $1,000,000;

8. Agreement 32500328 MNS Engineers, Inc. for a total amount not to exceed $1,000,000;

9. Agreement 32500312 Stantec Consulting Services, Inc. for a total amount not to exceed $1,000,000; and

10. Agreement 32500313 Woodard & Curran for a total amount not to exceed $1,000,000.
(As of the date of this City Council agenda being posted, there is not yet an outcome from the January 28, 2025 Public Works and Transportation Committee. Staff is available to answer any questions.)

8. Finance Department
19 February 4, 2025 OXNARD CITY COUNCIL PAGE 6
SUBJECT: Monthly Investment Report as of December 31, 2024.

RECOMMENDATION: This is an information item for the City Council to receive and file.
(This item did not originate in Committee.)
Consent Items K.1 – K.8
It was moved by Councilmember Perello, seconded by Councilwoman Basua, to approve the Information/Consent item as presented. VOTE: Perello, Basua, Mc Arthur, Perez, Rodriguez, Starr, and Teran voted in favor; the motion passed 7-0.

L. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Mc Arthur adjourned the meeting at 10:43 p.m.
________________________________ ________________________________ LOURDES A. LÓPEZ LUIS MC ARTHUR
City Clerk Mayor
20 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.2
DATE: February 18, 2025
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Public Project Agreement 32500403 with Jaynes Brothers Construction, Inc. for Citywide Playground Replacement Project - Ololkoy Beach Park (Rebid), Specification No. PW 25-49R.

RECOMMENDATION
That the City Council approve and authorize:

1. A total of $489,759.00 in Project funds for the Citywide Playground Replacement Project - Ololkoy Beach Park (Rebid), Specification No. PW 25-49R;

BACKGROUND
The existing playground equipment at Ololkoy Beach Park has reached the end of its useful life and is in need of replacement. The new playground equipment and resilient rubber surface will improve the park's amenities and enhance children's enjoyment of using the playground.

The specific work for this Project includes furnishing all necessary labor, materials, equipment, and other incidental and appurtenant Work to remove and dispose of existing playground equipment and replace it with a new playground system and resilient rubber safety surfacing. Additionally, the new playground specifications include an ADA-compliant design with ten dedicated inclusive features such as swings, spinners, and activity panels.

The work is tentatively scheduled to begin in the early calendar year 2025 and be completed within 90 working days absent any delays due to supply chain issues, unforeseen site conditions, or inclement weather.

Staff will work closely with the Oxnard Shores Neighborhood Council 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. General project information will be disseminated to help keep the public informed as well.

Capital Improvement Program (CIP) Reference:

Project No. C2239 – Playground Replacement - CIP 2025-2029 - Adopted June 4, 2024 – Page 81.

DISCUSSION
21 The Notice Inviting Formal Bids (NIFB) on the Project was originally published on November 7, 2024, with all bids due on November 21, 2024. The NFIB was posted on multiple platforms, including the City’s website, and distributed directly to 26 potential bidders. However, all bids were rejected due to a technical error in the project specifications. The project was rebid on December 12, 2024, with all new bids due on January 16, 2025. The NFIB was again posted on multiple platforms including the City’s website, and distributed directly to 33 potential bidders. The City received the following bids:

Jaynes Brothers Construction, Inc.: $408,133.00
R.E. Schultz Construction, Inc.: $408,660.00
Pacific Tide Construction: $444,391.02
The lowest bidder is Jaynes Brothers Construction, Inc. and its bid is responsive to the City’s NIFB. Following this determination, procurement staff reviewed all documentation received from Jaynes Brothers Construction, Inc. and its subcontractor. 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 Jaynes Brothers Construction, Inc.

In addition to the project award amount of $408,133, Staff recommends authorizing $81,626 for the project, which includes $40,813 for project contingency (~10% of the contract costs) and $40,813 for the cost for engineering services and City staff (~10% of the contract cost). Engineering services include the following activities during construction:
engineering, inspection, survey and project management. These recommendations bring the total estimated cost of the project to $489,759.

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 is $489,759.00 which includes the construction agreement, contingency and project allocation. The Citywide Playground Replacements Project (C2239), which includes Ololkoy Beach Park, is funded by the American Rescue Plan Act (ARPA) Fund (204) / Lost Public Sector Revenue Fund (320) and the General Fund (101) and with a project budget allocation of approximately $3.99M in FY 2024-25 of which $400,000 was estimated for this project utilizing ARPA funds.

Citywide Playground Replacements Project (C2239 ) FY 2024-25 Project Budget ARPA Fund (204) / Lost Public Sector Revenue Fund (320) $2.85M General Fund (101) $1.14M
TOTAL $3.99M
The ongoing maintenance cost for the Ololkoy Park playground will have no new impact on the Parks Division’s Operating budget compared to the annual operating cost for the existing park playground.

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. 22 Prepared by: Morgan Kessler, City Engineer

ATTACHMENTS

1. 32500403_PW 25-49R Jaynes Brothers Const Inc

2. C2239_Playground Replacement_Budget Tracking
23 Agreement No. 32500403
1 CONSTRUCTION CONTRACT FOR

CITYWIDE PLAYGROUND REPLACEMENT PROJECT
OLOLKOY (OXNARD) BEACH PARK (REBID), SPECIFICATION NO. PW 25-49R

BY AND BETWEEN

THE CITY OF OXNARD
AND JAYNES BROTHERS CONSTRUCTION, INC.

THIS CONSTRUCTION CONTRACT (the “Contract”) is made and entered this ______ day of _____________, 2025 (“Effective Date”), by and between the CITY OF OXNARD, a California municipal corporation (“City”) and Jaynes Brothers Construction, Inc. (“Contractor”). Contractor’s license number is 896407. 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 CITYWIDE PLAYGROUND REPLACEMENT PROJECT-OLOLKOY (OXNARD) BEACH PARK (REBID) as more fully described in the bid package issued by the City for SPECIFICATION NO. PW 25-49R (the “Project”); and WHEREAS, on December 12, 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, 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.

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. 24 Agreement No. 32500403
2 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. Contract and its attached Exhibits, subject to the limitations in Sections 10 (“Prevailing Wage”) and 24 (“Ambiguities”) with respect to Exhibit “A” (Contractor’s submitted Bid Proposal as accepted by the City);

2. Change Orders issued and approved by the City;

3. Bid Addenda issued by the City;

4. Notice Inviting Bids and Instructions to Bidders;

5. Special Provisions

6. General Provisions

7. Appendices

8. Plans

9. Bid Forms and attachment thereto;

10. Performance Bond;

11. Payment Bond.

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

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

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

D. The suspension of the Work from any cause whatever shall not relieve the Contractor of his responsibility for the Work and materials as herein specified. If ordered by the Owner’s Representative, the Contractor shall, at the Contractor’s sole cost and expense, properly store materials which have been partially paid for by the Owner or which have been furnished by the Owner. Such storage by the Contractor shall be on behalf of the Owner, and the Owner shall, at all times, be entitled to the possession of such materials, and the Contractor shall promptly return the same to the site for the work when requested. The 25 Agreement No. 32500403
3 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 B 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 FOUR HUNDRED AND EIGHT THOUSAND, ONE HUNDRED AND THIRTY-THREE DOLLARS, ($408,133.00) (the “Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with Contractor’s Bid Proposal (attached hereto as Exhibit “A”) subject to the provisions of this Contract and the Contract Documents.

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

6. CONTRACT TIME; NOTICE TO PROCEED; TERM
A. Contract Time. The Work under this Agreement shall be diligently prosecuted to completion before expiration of ninety (90) 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, 26 Agreement No. 32500403
4 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.).

C. For disputes or claims that do not constitute Public Works Claims, City and Contractor agree to comply with the following process:
27 Agreement No. 32500403
5 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;

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

3. Reasonable expenses directly attributable to termination. 28 Agreement No. 32500403
6 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;

2. may use any materials, equipment, tools or other facilities furnished by the Contractor to secure and maintain the Work site, and
29 Agreement No. 32500403
7 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 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. 30 Agreement No. 32500403
8 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 ($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. 31 Agreement No. 32500403
9 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 and 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. FEDERAL GRANT CONTRACT PROVISIONS
Contractor acknowledges that the Project is being funded in full or in part with Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) by the Treasury Department under the American Rescue Plan Act (ARPA) and further acknowledges and agrees to the provisions in the “Federal Grant Contract Addendum” attached to this Contract as Exhibit “E” and incorporated by 32 Agreement No. 32500403
10 reference as if fully set forth herein. The “Master Grant Agreement” is attached to the Contract as Exhibit “F” and incorporated by reference as if fully set forth herein.

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

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

C. COMPLIANCE WITH FEDERAL LAW REGULATIONS, AND EXECUTIVE ORDERS.

This is an acknowledgement that ARPA financial assistance will be used to fund all or a portion of the Contract. The Contractor will comply with all applicable Federal laws, regulations, executive orders, and ARPA policies, procedures, and directives.

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

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

16. TIME OF THE ESSENCE
Time is of the essence in the performance of this Contract.

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 33 Agreement No. 32500403
11 to arise from Contractor's performance of or failure to perform any term, provision, covenant or condition of this Contract, but excluding such Claims or Liabilities or portion of such Claims or Liabilities arising or alleged to arise from the active negligence, sole negligence, or willful misconduct of the City, its elected or appointed officials, officers, agents, volunteers, or employees, and in connection therewith:

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

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

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

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

B. City will timely notify Contractor upon receipt of any third-party claim relating to the Contract, as required by Public Contract Code § 9201. The Contractor's indemnification and defense obligations pursuant to this Section shall survive the termination of this Contract. Contractor shall require the same indemnification from all Subcontractors. 34 Agreement No. 32500403
12 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.

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

20. REPORTS; BOOKS AND RECORDS; AUDIT
A. Upon request by the Project Manager, Contractor shall prepare and submit reports concerning Contractor's performance of the Work required by this Contract.

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

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

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

21. NONDISCRIMINATORY EMPLOYMENT
A. The Contractor shall not unlawfully discriminate against any individual based on race, religion or religious creed, color, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual 35 Agreement No. 32500403
13 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 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:
36 Agreement No. 32500403
14 TO CITY: City of Oxnard, Public Works Department
305 W Third St, East Wing, Third Fl
Oxnard, CA 93030
Attn: Project Manager – PW 25-49R
TO CONTRACTOR: Jaynes Brothers Construction, Inc.
996 Lawrence Drive, Suite 201
Newbury Park, CA 91320
Attn: Chase Jaynes
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.

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

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

29. CARE OF WORK
Contractor must adopt reasonable methods during the life of the Contract to furnish continuous protection to the Work, and the equipment, materials, papers, documents, plans, studies, and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the Work by the City, except those losses or damages as may be caused by the City’s own negligence. The performance of the Work by Contractor or the payment of money by the City shall not relieve Contractor from any obligation to correct any incomplete, inaccurate, or defective Work (including the obligation to remedy any defective Work 37 Agreement No. 32500403
15 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.

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

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

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

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

37. VENUE
38 Agreement No. 32500403
16 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.

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

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

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

44. ATTORNEY'S FEES
39 Agreement No. 32500403
17 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]
40 Agreement No. 32500403
18 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 JAYNES BROTHERS CONSTRUCTION, INC.

☒ Luis Mc Arthur, Mayor1 Date Chase Jaynes, President & CFO 2 Date ☐ Purchasing Agent
ATTEST:

Lourdes A. López, City Date
Clerk (only if Mayor signs)
APPROVED AS TO FORM:
________________________ __________
Stephen M. Fischer Date
City Attorney (always required)
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. 41 Agreement No. 32500403
19 EXHIBITS
Exhibit A: Contractors Bid Proposal.

Exhibit B: Form INS-G: Insurance Requirements.

Exhibit C: [RESERVED - NOT USED]
Exhibit D: Small/Minority/Women’s Business Enterprises and Labor Surplus Area Firm Outreach Plan
Exhibit E: Federal Grant Contract Addendum
Exhibit F: Grant Master Agreement
Bonds
The corresponding exhibits and forms contained within follow. 42 Agreement No. 32500403
20 EXHIBIT A
CONTRACTOR’S BID PROPOSAL
43 Agreement No. 32500403
EX. B-1

EXHIBIT B
FORM INS-G: INSURANCE REQUIREMENTS
(INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS (WITHOUT BUILDER’S RISK REQUIREMENT)

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. 44 Agreement No. 32500403
EX. B-2

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. 45 Agreement No. 32500403
EX. B-3

ACORD CERTIFICATE OF INSURANCEISSUE 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

46 Agreement No. 32500403
EX. B-4

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
 O

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
47 Agreement No. 32500403
EX. B-5

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.

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
48 Agreement No. 32500403

EXHIBIT C
[RESERVED - NOT USED]
49 Agreement No. 32500403
EX. D-1

EXHIBIT D
50 Agreement No. 32500403
EX. D-2
51 Agreement No. 32500403
EX. E-1

EXHIBIT E
City of Oxnard – US Department of Treasury
under the American Rescue Plan Act (“ARPA”)

CONTRACT ADDENDUM
Notice: The contract or purchase order to which this addendum is attached is made using federal assistance provided to the City of Oxnard by 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.”
Small and Minority Business, and Women’s Business Enterprises (if applicable to this Contract, see SBE/MBE/WBE/LSA form attached below)
Contractor hereby agrees to comply with the following when applicable: The requirements of Executive Orders 11625 and 12432 (concerning Minority Business Enterprise), and 12138 (concerning Women's Business Enterprise), when applicable. Accordingly, the Contractor hereby agrees to take affirmative steps to assure that women and minority businesses are utilized when possible as sources of supplies, equipment, construction and services. Affirmative steps shall include the following:
a. Including qualified women’s business enterprises and small and minority businesses on solicitation lists;
b. Assuring that women’s enterprises and small and minority businesses are solicited whenever they are potential sources;
c. When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum participation by small and minority business, and women’s business enterprises;
d. Where the requirement permits, establishing delivery schedules which will encourage participation by women’s business enterprises and small and minority business; 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 52 Agreement No. 32500403
EX. E-2
f. If any subcontracts are to be let, requiring the prime Contractor to take the affirmative steps in a through e above.

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

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

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

4. Access to Records. (applies to all purchases.)
(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 53 Agreement No. 32500403
EX. E-3
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 each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 54 Agreement No. 32500403
EX. E-4
(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.
(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 55 Agreement No. 32500403
EX. E-5
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. 56 Agreement No. 32500403
EX. E-6

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

57 Agreement No. 32500403
EX. E-7

58 Agreement No. 32500403
EX. E-8

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

59 Agreement No. 32500403
EX. E-9
60 Agreement No. 32500403
EX. F-1

EXHIBIT F

GRANT MASTER AGREEMENT
US Department of Treasury under the American Rescue Plan Act (“ARPA”) 61 Agreement No. 32500403
EX. F-2
62 Agreement No. 32500403
EX. F-3
63 Agreement No. 32500403
EX. F-4
64 Agreement No. 32500403
EX. F-5
65 Agreement No. 32500403
EX. F-6
66 Agreement No. 32500403
EX. F-7
67 Agreement No. 32500403
EX. F-8
68 Agreement No. 32500403
EX. F-9
69 Agreement No. 32500403
EX. F-10
70 Agreement No. 32500403
EX. F-11
71 Agreement No. 32500403
EX. F-12
72 Agreement No. 32500403
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 JAYNES BROTHERS CONSTRUCTION, INC.
996 Lawrence Drive, Suite 201 Newbury Park, CA 91320 (“Principal”) (Name and address of Contractor)
a contract (the “Contract”) for the Work described as CITYWIDE PLAYGROUND REPLACEMENT PROJECT - OLOLKOY (OXNARD) BEACH PARK (REBID) SPECIFICATION NO. PW 25-49R.

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 Four Hundred and Eight Thousand, One Hundred Thirty-Three Dollars ($408,133.00), 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 73 Agreement No. 32500403
Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

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

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

Dated:
“Principal”
JAYNES BROTHERS CONSTRUCTION, INC.
996 Lawrence Drive, Suite 201
Newbury Park, CA 91320
By: ______________________________
Chase Jaynes
Its: President and C.F.O.

(Seal)

“Surety”

By:

Its:

By:

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Oxnard (“Agency”), has awarded to
JAYNES BROTHERS CONSTRUCTION, INC.
996 Lawrence Drive, Suite 201 Newbury Park, CA 91320 (“Principal”) (Name and address of Contractor)
a contract (the “Contract”) for the Work described as CITYWIDE PLAYGROUND REPLACEMENT PROJECT - OLOLKOY (OXNARD) BEACH PARK (REBID) SPECIFICATION NO. PW 25-49R.

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 Four Hundred and Eight Thousand, One Hundred Thirty-Three Dollars ($408,133.00), 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. 75 Agreement No. 32500403
Surety hereby waives California Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

Dated:
“Principal”
JAYNES BROTHERS CONSTRUCTION, INC.
996 Lawrence Drive, Suite 201
Newbury Park, CA 91320
By:

Chase Jaynes
Its: President and C.F.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.
76 Playground Replacement Project C2239
Construction/ Net
Contract Award
Authorized
Contingency
ESPIM Authorized
Funding
Total/Net Project
Value
Budget Balance
Starting Budget Balance $3,992,925.40
Dunkirk Park PW 24-113R
32500253
$126,793.00 $12,679.30 $12,679.30 $152,151.60 $3,840,773.80 Community Center Park West PW 25-51
32500320
$134,000.00 $13,400.00 $13,400.00 $160,800.00 $3,679,973.80 Marina West PW 24-13R ¹
32500251
$83,337.00 $21,853.00 $21,853.00 $127,043.00 $3,552,930.80 College Estates Park PW 24-126
32500303
$199,993.90 $20,000.00 $20,000.00 $239,993.90 $3,312,936.90 Fremont Tot Park PW 25-48
32500304
$321,850.00 $32,185.00 $32,185.00 $386,220.00 $2,926,716.90 Wilson Park PW 20-53R ²
32500341
$145,970.26 $25,426.00 $25,426.00 $196,822.26 $2,729,894.64 Carty Park PW 24-125
32500302
$169,219.30 $16,922.00 $16,922.00 $203,063.30 $2,526,831.34 Ololkoy Beach Park PW 25-49R $408,133.00 $40,813.00 $40,813.00 $489,759.00 $1,873,718.69 Brekke Park PW 24-115R³
32500293
$136,127.65 $13,613.00 $13,613.00 $163,353.65 N/A
¹ Partially funded by Project C1313 utilizing QUIMBY funds ($135,189.00) ² Partially funded by Project C2019 utilizing CDBG funds ($108,296.85) ³ Fully funded by Project C2404 using Measure O funds
77 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.3
DATE: February 18, 2025
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Additional Project Contingency Authority to Agreement 32500074 with LDP Associates, Inc. for the Replacement of the City’s Data Center Cooling System.

RECOMMENDATION
That the City Council approve and authorize an increase of $50,000 in project contingency authority to an agreement with LDP Associates, Inc. for a new not-to-exceed value of $351,663, for use with the Data Center Cooling System Replacement Project IT 24-134.
(This item did not originate in Committee as it is a continuation of an item previously approved by the City Council.)

BACKGROUND
In the spring of 2024, it became apparent that the City’s Data Center equipment was at high risk of shutting down due to the progressive failure of its specialized cooling system. On May 23rd, 2024, after considering information provided by the City’s Chief Information Officer together with a recommendation from the Public Works Director, the City Manager found there was substantial evidence that the failure of the cooling system created an emergency that posed a significant risk to City property and essential services.

Oxnard City Code Section 4-20(B), authorizes the City Manager to implement emergency procurement procedures pursuant to Public Contract Code section 22050 when immediate action is required due to an emergency to preserve public facilities and procure the necessary equipment, services, and supplies without utilizing the City’s formal procurement and bidding procedures.

In consideration of this, the City Council ratified an emergency order on June 4, 2024. This order allowed IT and Public Works staff to identify and directly negotiate an agreement with a contractor for the replacement of the failed server room cooling system. As part of the emergency order, staff returned to the Council with regular status updates, and to report on progress in identifying a suitable, qualified contractor to perform design and construction services within budget and under an expedited timeframe. On July 30, 2024, the City Council ratified the City Manager’s award of contract to LDP Associates under agreement 32500074 to perform the replacement of the cooling system. Also at this time, the City Council terminated the emergency order.

DISCUSSION
As noted in the July 30, 2024 City Council staff report, the nature of the emergency work did not allow for sufficient evaluation of the preexisting conditions of the building envelope (e.g., roofing material condition), and the surrounding mechanical systems associated with the cooling system. Typically, for non-emergent projects, months of field inspection, non-destructive testing, and evaluations are conducted to ensure as much of the required work is identified and included in a contract before it is bid and awarded. This was not an option given the emergent nature of this work; this was anticipated by staff, as outlined in prior City Council staff reports. 78 Since the time of the award of contract, the project has made significant headway and is nearing completion. During the portion of the work that occurred on the roof, dry rot was discovered at the wood condenser pad and it was determined that all of this structure needed full replacement, adding cost to the project. To date, $26,655 (97%) of the original estimated contingency amount of $27,424 has been utilized to address this unforeseen work. The remaining amount of contingency authority ($768.87) is not sufficient for any further change orders if any more unforeseen items were to be discovered in the final stages of construction. At this time, staff is requesting an additional contingency authority in the amount of $50,000 to cover further unexpected conditions, if any should arise. Since the project is almost complete, this amount should cover any additional work. Staff is requesting this authorization now so that any unforeseen issues may be addressed quickly to avoid any financial liability to the City associated with delaying the contractor (e.g., overhead costs).

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

FINANCIAL IMPACT
The total cost for the additional contingency authority being requested for this project is $50,000, which brings the total not-to-exceed value from $301,663 to $351,663. Funding to support this increase is currently available in the IT Internal Service Fund (731) account 7311804-56040.

COMMITTEE OUTCOME
This item did not originate in Committee as it is a continuation of an item previously approved by the City Council.

Prepared by: Morgan Kessler, City Engineer, Robert Ruben, Chief Information Officer

ATTACHMENTS

1. 7-30-24 CC Item H.1 Emergency Order Termination
79 CITY COUNCIL AGENDA REPORT

REPORT OF CITY MANAGER/EXECUTIVE

DIRECTOR/SECRETARY
AGENDA ITEM NO. H.1
DATE: July 30, 2024
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] Robert Ruben, Chief Information Officer, (805)385-7554, [email protected] SUBJECT: Ratify the Declaration of Terminating the Emergency Order and Ratify Agreement 32500074 with LDP Associates, Inc. for Replacement of the City’s Data Center Cooling System. (10 minutes)

RECOMMENDATION
That the City Council:

1. Ratify the City Manager’s declaration of the termination of the emergency order to dispense with public bidding requirements pursuant to Public Contract Code section 22050 for the replacement of the Data Center Cooling System;

2. Ratify an Agreement with LDP Associates, Inc. in the amount of $274,239 with a Project contingency amount of $27,424 (10%) with LDP Associates, Inc. for a total not to exceed value of $301,663; and

3. Approve a Project allocation amount of $13,712 (5%) for engineering and project management for the Project. (This item did not originate in Committee because it is a continuation of an item previously approved by the City Council on June 4, 2024.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/qEJVi1ttehM

BACKGROUND
On June 4, 2024, the City Council ratified the City Manager’s emergency order, per Oxnard City Code Section 4-20(B), to implement emergency procurement procedures pursuant to Public Contract Code section 22050 for the replacement of the City’s Data Center Cooling System, which experienced a catastrophic failure.

The emergency at issue was declared on May 23, 2024, by the City Manager, after reviewing information provided by the City’s Chief Information Officer and a recommendation from the Public Works Director. The City Manager found there was substantial evidence that the failure of the cooling system in the City’s Data Center created an emergency posing a significant risk to city property and essential city services. The City Manager took immediate action and ordered the implementation of emergency procurement procedures to purchase and install a new cooling system without utilizing the City’s formal procurement and bidding procedures.

DISCUSSION
On July 23, 2024, after reviewing information provided by the Public Works Director, the City Manager declared the emergency order to be terminated. This was based upon the facts that LDP Associates, Inc. (LDP) had been selected to conduct the work necessary to repair/replace the City’s Data Center cooling system and an agreement has been finalized and signed by LDP. Therefore, staff is recommending that the City Council ratify the City Manager’s declaration that the emergency order be terminated and ratify the agreement with LDP along with project allocation costs. 80 STRATEGIC PRIORITIES
This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.

FINANCIAL IMPACT
The cost for this project shall not exceed $315,375, including the install agreement for $274,239, a 10% contingency for $27,424, and a 5% project allocation for any labor and other costs for $13,712. This will be funded from the operating budget from available appropriations in the Information Technology Fund (7311801-53200 and 7311804-56040).

It should be noted that because of the emergency nature of this process, a full engineering design and field survey was not completed. This may result in unforeseen or unknown site conditions requiring additional funds to address. Should this occur, staff will return to the City Council with updates.

COMMITTEE OUTCOME
This item did not originate in Committee because it is a continuation of an item previously approved by the City Council on June 4, 2024.

Prepared by: Michael Wolfe, Public Works Director, Michelle McCarron, Assistant City Attorney

ATTACHMENTS

1. 32500074 LDP Associates IT 24-134 FULLY EXECUTED

2. Presentation
81 CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.4
DATE: February 18, 2025
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Public Project Agreement 32500393 with CSI Services for Central Park Fountain Renovation Project, Specification No. SD 25-23.

RECOMMENDATION
That the City Council approve and authorize:

1. A total of $723,511.00 in Project funds for the Central Park Fountain Renovation Project, Specification No. SD 25-23;

3. A Project allocation amount of $60,293.00 (~10%) for engineering, inspection, survey and project management for the Project; and

4. A budget appropriation in the amount of $268,511 from the available fund balance in the Community Facilities District (CFD) 5 Fund (120, sub-fund 6050) to the Central Park Fountain Control Room Renovation Project (C2012) 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.)

BACKGROUND
The Central Park Fountain Renovation Project, Specification SD 25-23 is located at 3200 North Oxnard Blvd. in the Riverpark Community Facilities District. The project includes furnishing all necessary labor, materials, equipment, and other incidental and appurtenant work to renovate the Central Park fountain control system, structure, and equipment vault. The scope of work includes the relocation of electrical controls and filtration equipment for easier routine access and inspection, new waterproofing measures for the structure, and a new access hatch, ladder, and mechanical ventilation fans for the vault.

Staff communicated with the Riverpark Neighborhood Council through multiple meetings about the project scope of work. Through those meetings, three “additive items” (see table) were included to the Fountain Renovation Project in response to their requests to improve the fountain functionality, durability, and lighting. The work is tentatively scheduled to begin in the Spring 2025 and continue into the Summer (150 working days) absent any delays due to supply chain issues, unforeseen site conditions, or weather. Staff will work closely with the Riverpark Neighborhood Council, as well as the residents who may be directly impacted by the work, to keep them informed of the project schedule.

Capital Improvement Program (CIP) Reference:

Project No. C2012 – Central Park Fountain Control Room Renovation - CIP 2025-2029 - Adopted June 4, 2024 – Page

70. 82

DISCUSSION
The Notice Inviting Formal Bids (NIFB) for this project was published on December 5, 2024, in the local newspaper.

Additionally, the NIFB was posted on multiple online platforms, including the City’s website, and distributed to 28 contractors who have registered with the City. There were six companies that registered as plan holders prior to the opening of the bids. An on-site pre-bid meeting was held on December 17, 2024, and was attended by 3 contractors. The bids were opened on January 9, 2025, and the City received one bid from CSI Services in the amount of $534,425.00.

Therefore, the lowest bidder is CSI Services (CSI) and its bid is responsive to the City’s NIFB. Following this determination, procurement staff reviewed all documentation received from CSI 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 CSI Services.

The base bid of this project included all work items to update the fountain and vault. Additionally, the bid packet requested pricing from bidders for three additive bid items to upgrade the lighting system to LED, vault lighting fixtures, and replacement of the filter system and control piping within the vault. These are items that, at the time of putting out the bid packet, staff was not certain would be feasible due to the estimated cost of the project. After the bid was confirmed, the additive items can be included in the project scope with an appropriation of funds from the Riverpark CFD fund balance. Based on the availability of funds within the district’s fund balance and the additional cost of these upgrades, the Project Manager requests the City Council approval of the project including the base bid and three additive items.

Bid Item Description Amount
Base Bid Base Bid $534,425
Additive 1 Underwater LED Lighting Fixtures $44,500
Additive 2 Vault Fluorescent Light Fixture $4,000
Additive 3 Chemical Filter and Chemical Piping Equipment $20,000 Total $602,925
In addition to the project award amount of $602,925.00 to CSI (contract cost), Staff also recommends authorizing $120,586.00 for the project, which includes ~10% of the contract costs for project contingency) and ~10% of the contract cost for Staff and engineering services. These services include the following construction activities: engineering, inspection, survey, and project management. These expenses will only be billed as they are incurred and are not guaranteed costs against the project. The total estimated cost of this project, including contract cost, project contingency, and Staff and engineering services is $723,511.00.

FINANCIAL IMPACT
The total cost for this Project is $723,511.00 which includes the construction agreement, contingency and project allocation. The Central Park Fountain Renovation Project, Specification Number SD 25-23 has an available project budget balance of approximately $455,000 from the CFD 5 Fund (120, sub-fund 6050). Therefore, a budget appropriation in the amount of $268,511 is necessary from the available fund balance in the CFD 5 Fund (120, sub-fund 6050).

The original project budget was $600k and approximately $145k has been spent on contracted design and specifications with M6 Consulting.
83 The ongoing maintenance cost for this fountain is contained within the annual CFD 5 operations and will have no new impacts in comparison to the annual operating cost from the previous operating years.

Prepared by: Steve Howlett, Assistant Public Works Director, Anthony Miller, Interim Special Districts Manager

ATTACHMENTS

1. Agreement 32500393 CSI Services SD 25-23
84 Agreement No. 32500393
1 CONSTRUCTION CONTRACT FOR

CENTRAL PARK FOUNTAIN RENOVATION PROJECT
SPECIFICATION NO. SD 25-23

BY AND BETWEEN

THE CITY OF OXNARD
AND

CSI SERVICES
THIS CONSTRUCTION CONTRACT (the “Contract”) is made and entered this ______ day of _____________, 2025 (“Effective Date”), by and between the CITY OF OXNARD, a California municipal corporation (“City”) and CSI SERVICES (“Contractor”). Contractor’s license number is 959577. 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 CENTRAL PARK FOUNTAIN RENOVATION PROJECT as more fully described in the bid package issued by the City for SPECIFICATION NO. SD 25-23 (the “Project”); and
WHEREAS, on December 5, 2024, the City issued a Notice Inviting Bids and Contract Documents to prospective bidders for the Project. In response, Contractor submitted a Bid which the City determined to be the lowest responsive and responsible bid; and
WHEREAS, Contractor is a duly organized corporation in good standing in the State of California, and represents that it has the background, knowledge, experience, expertise and resources to perform the Work and other obligations encompassed by this Contract; and WHEREAS, at its meeting held on ________________________, the Oxnard City Council duly accepted Contractor’s Bid Proposal for the Project and directed that a written agreement for the Project be entered into with Contractor; 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.

2. CONTRACT DOCUMENTS; ORDER OF PRECEDENCE
85 Agreement No. 32500393
2 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:

2. Change Orders issued and approved by the City;

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

4. Bid Addenda issued by the City;

5. Notice Inviting Bids and Instructions to Bidders;

6. Special Provisions

7. General Provisions

8. Appendices

9. Plans

10. Bid Forms and attachment thereto;

11. Performance Bond;

12. Payment Bond.

D. The suspension of the Work from any cause whatever shall not relieve the Contractor of his responsibility for the Work and materials as herein specified. If ordered by the Owner’s Representative, the Contractor shall, at the Contractor’s sole cost and expense, properly store materials which have been partially paid for by the Owner or which have been furnished by the Owner. Such storage by the Contractor shall be on behalf of the Owner, and the Owner shall, at all times, be entitled to the possession of such materials, and the Contractor shall promptly return 86 Agreement No. 32500393
3 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.

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.

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 Six Hundred Two Thousand Nine Hundred Twenty-Five dollars, ($602,925.00) (the “Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with Contractor’s Bid Proposal (attached hereto as Exhibit “A”) subject to the provisions of this Contract and the Contract Documents.

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

6. CONTRACT TIME; NOTICE TO PROCEED; TERM
A. Contract Time. The Work under this Agreement shall be diligently prosecuted to completion before expiration of one hundred and fifty (150) 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.
87 Agreement No. 32500393
4 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.

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

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

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

2. The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority.
88 Agreement No. 32500393
5 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 affected 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.