Agenda packet — Oxnard City Council, March 4, 2025 (part 2 of 2)

GENERAL SERVICE AGREEMENT

BETWEEN

THE CITY OF OXNARD AND BLACKPOINTE GROUP CONSTRUCTION & MANAGEMENT, INC.

By This General Services Agreement (“Agreement”), the CITY of Oxnard (“City”) agrees to engage the services of Blackpointe Group Construction & Management, Inc. (“Service Provider”), and Service Provider agrees to perform the services for City as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. City and Service Provider may be individually referred to as “Party” or collectively as the “Parties.”

1. [Intentionally Omitted]

2. SUMMARY DESCRIPTION OF SERVICES.

This Agreement is for the inspection, cleaning, debris hauling and disposal, data logging, and placement of catch basin placards for the City of Oxnard’s catch basins and trash excluders. Inspection and cleaning of the catch basins is to occur twice per year.

The Services to be performed pursuant to this agreement are described in the Scope of Services, attached hereto as Exhibit A. Service Provider may not be the exclusive provider of services to the City. The City does not guarantee a specified amount of work under this agreement.

3. PARTIES.

City of Oxnard, a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030 Blackpointe Group Construction & Management, Inc., a corporation of the State of California, located at 11972 Hertz Ave, Moorpark CA 93021

4. TERM OF AGREEMENT: From: 3/5/25 To: 3/4/26
A. Time is of the essence in this Agreement.

B. The City shall have the option for (4) four consecutive (1) one-year extensions, in accordance with the scope of work and general terms and conditions of the On-Call General Services Agreement.

C. This Agreement shall not exceed a total of five (5) years (including the initial term and any options to extend). The City in its sole discretion may exercise the option terms upon sixty (60) days written notice to the 203
Agreement No. 32500401

Page 2 of 31 ends

Consultant (or any other time if the parties so agree) in accordance with Section 12 of this Agreement. The option term shall be commenced by an amendment to this agreement.

D. All services required of Service Provider under this Agreement shall be completed on or before the end of the term of the Agreement.

5. AGREEMENT AMOUNT NOT TO EXCEED: $1,750,000.001

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

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

7. DESIGNATED REPRESENTATIVES. The Designated Representatives listed below shall be authorized to act on behalf of the named Party, be responsible for negotiations and contractual matters, and coordinate with each other to perform the services under this Agreement. Additionally, Service Provider’s services shall be performed or immediately supervised by the Service Provider’s Representative:

City Designated Representative
Name: Heather D’Anna Nichols
Title: Sr. Wastewater Environmental
Specialist
Phone: 805-385-3961
Email: heather.d’[email protected]
Address: 6001 Perkins Road
Oxnard, CA 93030
Service Provider Designated Representative
Name: Victor Shittone
Title: Director
Phone: 818-749-8803
Email: [email protected]
Address: 11972 Hertz Ave
Moorpark, CA 93021

8. CONTRACTUAL PREREQUISITES. This Agreement must first be executed by the Service Provider, after which the Agreement shall be approved as to form by the City 1 This is not a guaranteed dollar amount. No services or work performed pursuant to a Task Order shall exceed the “Not to Exceed” Amount of the Contract or the agreed upon amount stated in the Task Order. 204
Agreement No. 32500401

Page 3 of 31 ends

Attorney, then executed by the Mayor, or an authorized person on behalf of the City, and if executed by the Mayor shall also be executed by the City Clerk.

A. Service Provider is advised that any recommendation for Agreement award is not binding on the City until the Agreement is fully executed and approved by the City.

B. All proof of business license, insurance, and W-9 forms is required prior to execution of this Agreement.

C. Service Provider shall not perform any work under this Agreement until a proof of insurance has been provided to the City as required under Section 24 of this Agreement.

9. SERVICE PROVIDER’S SERVICES.

A. Service Provider shall perform only the type or category of services as set forth in the “Scope of Services,” attached to and incorporated into this Agreement as “Exhibit A.” Once this Agreement is executed, the Scope of Services may only be modified by written Amendment pursuant to Section 12 of this Agreement.

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

10. COMPENSATION. City shall pay Service Provider for the services performed pursuant to the terms of this Agreement and based on the hourly rates and fees set forth in the “Schedule of Compensation,” attached to and incorporated into this Agreement as “Exhibit B.” Service Provider’s compensation shall not to exceed amount stated in the Task Order. Under no circumstances shall the Service Provider perform work in excess of the amount stated in the Task Order or the not to exceed amount listed in Section 5 of this Agreement. Once this Agreement is executed, the Schedule of Compensation may only be modified by written Amendment pursuant to Section 13 of this Agreement, and may be subject to approval by the City Council.

A. Annual Rate and Fees adjustments must be requested in writing and accompanied by information to substantiate the request for price adjustments. Adjustments are subject to approval by the City. Any allowable request for adjustment must be delivered to the City at least 30 205
Agreement No. 32500401

Page 4 of 31 ends

days before the adjusted prices become effective. No price adjustment allowable under this Contract will be granted retroactively. The City must also be given the benefit of any decline in prices.

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

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

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

C. Service Provider’s acceptance of final payment made pursuant to this Agreement shall constitute a release of City from all claims and liabilities for compensation to Service Provider for anything completed, finished or relating to the Services. City’s payment shall not constitute nor be deemed a release of the responsibility and liability of Service Provider for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by City for any defect or error in the Services performed by Service Provider and its employees, agents and Subcontracted Service Providers.

D. Service Provider shall provide City with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the Services performed by Service Provider or materials or products provided to City by Service Provider, Service Provider shall pay the sales tax. City shall not reimburse Service Provider for sales taxes paid by Service Provider
206
Agreement No. 32500401

Page 5 of 31 ends

12. OPTION TO EXTEND AGREEMENT. When in the City’s best interest, this Agreement may only be extended, if the City, in its discretion, exercises an option term in accordance with Section 4 subparagraphs (B) and (C) of this Agreement.

The initial term, plus any option to extend shall not exceed a total of five (5) years. If no option to extend the Agreement appears in section 4(B), then this Agreement shall not be extended.

13. MODIFICATION OF AGREEMENT. This Agreement may be amended, modified, or otherwise altered, or its provisions waived, only upon mutual consent of the Parties by written amendment. The City may request that the Service Provider perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper completion of the project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement or any Task Order issued under this Agreement. A written amendment signed by both Parties shall be required to authorize performance of and payment for Extra Services under this Agreement or Task Order.

14. TERMINATION OF AGREEMENT. City may terminate this Agreement at any time, with or without cause and without penalty, upon fifteen (15) calendar days’ prior written notice pursuant to Section 22 of this agreement. Such termination shall be effective on the date specified in the notice, or if no date is specified, then fifteen (15) calendar days from the date of the notice. City shall be liable to Service Provider only for work done by Service Provider up to and including the date of termination of this Agreement unless the termination is for cause, in which event Service Provider need be compensated only to the extent required by law. Service Provider may terminate this Agreement at any time during the term of the Agreement by giving the City sixty (60) calendar days’ written notice.

15. [RESERVED]

16. INDEPENDENT CONTRACTOR. Service Provider is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its employees or agents shall have control over the conduct of Service Provider or any of its employees, except as stated in this Agreement. Service Provider has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting Service Provider. This Agreement shall not be interpreted to prevent or preclude Service Provider from rendering any services for Service Provider’s own account or to any 207
Agreement No. 32500401

Page 6 of 31 ends

other person or entity as Service Provider in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services the Service Provider shall perform for the City. The City retains the right to provide general instructions to and observe the Service Provider in the performance of all services done on behalf of the City.

Service Provider and its employees, subcontractors, and agents have no authority, express or implied, to act on behalf of City in any capacity, to incur any debt, obligation or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent. Service Provider and its employees are not employees of City. Service Provider and its employees are not entitled to receive from City any of the benefits or rights afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long-term disability and workers’ compensation insurance benefits. Service Provider shall not, at any time or in any manner, represent that it or any of its agents, subcontractors, or employees are in any manner agents, subcontractors, or employees of City.

17. LAWFUL PERFORMANCE. Service Provider shall abide by all Federal, State, and Local Laws and Regulations as may be related to the performance of duties under this Agreement. Service Provider, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.

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

19. OWNERSHIP OF SERVICE PROVIDER’S WORK PRODUCT, CONFIDENTIALITY & DISCLOSURE. City shall be the owner of any and all technical documents and 208
Agreement No. 32500401

Page 7 of 31 ends

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

A. Ownership of Documents. Every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by the Service Provider pursuant to or in connection with this Agreement shall be the exclusive property of the City.

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

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

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

E. Disclosure of Information. Service Provider shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the projects 209
Agreement No. 32500401

Page 8 of 31 ends

assigned to Service Provider by the City or other information to which the Service Provider has had access during the term of this Agreement without the prior written approval of the City’s Designated Representative during the term of this Agreement and for a period of two (2) years after the termination of this Agreement.

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

20. ASSIGNMENT. This Agreement is for the non-professional services of Service Provider. Any attempt by Service Provider to assign the benefits or burdens of this Agreement without the prior written approval of City shall be prohibited and shall be null and void. Service Provider 's services pursuant to this Agreement shall be provided by the Service Provider’s Designated Representative or directly under his/her supervision, and Service Provider shall not assign another to supervise the Service Provider 's performance of this Agreement without the prior written approval of City, by and through the City’s Designated Representative.

21. NOTICE OF BREACH AND OPPORTUNITY TO CURE. Neither Party will be in breach of this Agreement where the breach is capable of being cured, or until written notice of the breach is received from the non-breaching Party. The Party charged with breach will have fifteen (15) calendar days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other Party within fifteen (15) days from the date on which the breaching Party received notice of breach, the non-breaching Party may terminate this Agreement. Notice shall be given in the manner set forth in section 22.

22. NOTICES. All notices given or required to be given pursuant to this Agreement shall be in writing and may be given by personal delivery or by first-class mail. Notice sent by mail shall be addressed to each Party’s Designated Representative as set forth above in Section 7. When addressed in accordance with this Section, such notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section.

210
Agreement No. 32500401

Page 9 of 31 ends

23. COVENANTS AND CONDITIONS. Each term and each provision of this Agreement to be performed by Service Provider shall be construed to be both a covenant and a condition.

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

25. INDEMNIFICATION, HOLD HARMLESS & DEFENSE.

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

B. The duty to defend is a separate and distinct obligation from Service Provider’s duty to indemnify. Service Provider shall be obligated to defend in all legal, equitable, administrative, or special proceedings, with counsel approved by the City Attorney, immediately upon tender to Service Provider of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation negligence or willful misconduct by any of the Indemnitees shall not relieve Service Provider from its separate and distinct obligation to defend the Indemnitees. The obligation to defend extends through final judgment, 211
Agreement No. 32500401

Page 10 of 31 ends

including exhaustion of any appeals. The defense obligation includes the obligation to provide independent defense counsel if Service Provider asserts that liability is caused in whole or in part by the negligence or willful misconduct of the Indemnitees. If it is finally adjudicated that liability was caused by the negligence or willful misconduct of any of the Indemnitees, Service Provider may submit a claim to City for reimbursement of reasonable attorneys’ fees and defense costs.

C. The review, acceptance or approval of Service Provider’s work or work product by any of the Indemnitees shall not affect, relieve or reduce Service Provider’s indemnification or defense obligations. Service Provider waives any right of contribution against City or any of City’s officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by Service Provider pursuant to this Agreement. The provisions of this Section shall not be restricted by and do not affect the provisions of this Agreement relating to Section 26. The Service Provider’s obligations under this Section of the Agreement shall survive the termination of the Agreement.

D. Service Provider agrees to pay all required taxes on amounts paid to Service Provider under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Service Provider shall be solely responsible for, and shall save City harmless from, all matters relating to the payment of Service Provider’s subcontractors, material suppliers, directors, officers, employees, agents and representatives, including compliance with social security requirements, federal and State income tax withholding, and all other regulations governing employer-employee relations, as applicable.

City shall have the right to offset against the amount of any compensation due to Service Provider under this Agreement any amount due to City from Service Provider as a result of its failure to promptly pay to City any reimbursement or indemnification arising under this Section.

26. INSURANCE. Service Provider shall obtain and maintain during the performance of any services under this Agreement the insurance coverages listed within “Exhibit C”, which is attached hereto and incorporated herein by this reference, unless the Risk Manager waives, in writing, the requirement that Service Provider obtain and maintain such insurance coverages. Such insurance must be issued by a company satisfactory to the Risk Manager. Service Provider shall, before performance of any Services pursuant to this Agreement, file with the Risk Manager evidence of insurance coverage as specified in “Exhibit C”. Maintenance of insurance coverages 212
Agreement No. 32500401

Page 11 of 31 ends

by Service Provider is a material element of this Agreement. Service Provider’s failure to maintain or renew insurance coverages or to provide renewal evidence shall be considered a material breach of this Agreement.

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

28. PREVAILING WAGE REQUIREMENTS. The payment of State prevailing wages as designated for Ventura County shall apply to public works projects. However, this section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work; or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work. Prevailing wages are required to be paid to all workers, including subcontracted employees. For further information regarding Prevailing Wage Requirements please refer to Exhibit “F” attached to this Agreement.

A. To determine if this Agreement is subject to compliance monitoring and enforcement, go to: https://www.dir.ca.gov/Public-
Works/PublicWorksSB854FAQ.html
B. It is unlawful to split, or separate into small portions, work orders, projects, purchases, or public works projects for the purpose of evading these prevailing wage requirements.

C. In the event that there is a difference between the amount of wages to be paid under the City of Oxnard’s local Living Wage requirements and the requirements of this provision, the wage rate that is the higher of the two shall be applicable to this Agreement. The duty to pay the correct wage is the responsibility of the Service Provider.

29. CONFLICT OF INTEREST. Service Provider covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Service Provider’s services under this Agreement. Service Provider further covenants that in the performance of services under this Agreement, no officer, employee or agent of Service Provider having such interest shall be employed by it. In the event the City determines that Service 213
Agreement No. 32500401

Page 12 of 31 ends

Provider must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Service Provider shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk. Acquisition or maintenance of a conflicting interest by Service Provider may result in termination of this Agreement by the City.

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

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

31. SUBCONTRACTING. If Service Provider requires the assistance of a subcontractor to render any services under this agreement, Consultant shall obtain prior written consent from the City before a subcontractor performs any service pursuant to this Agreement. All subcontractors shall be identified in the Scope of Work or Task Order attached to this Agreement as Exhibit A. Service Provider is fully responsible for satisfactory completion of all its subcontractors’ work. All subcontractors shall be properly licensed and insured; and bonded, if applicable. Service Provider shall be responsible for all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with subcontractors performance pursuant to this Agreement or subcontractors failure to comply with any of its obligations in connection with this Agreement.

32. DISPUTES. Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this Agreement, shall be decided by the City’s Designated Representative, who shall reduce this decision to writing and mail a copy to the Service Provider. The decision of the City’s Designated Representative shall be final and conclusive unless Service Provider requests mediation within ten (10) calendar days. Pending final decision of a dispute, the 214
Agreement No. 32500401

Page 13 of 31 ends

Service Provider shall proceed diligently with the performance of the Agreement and in accordance with the decision of the City’s Designated Representative.

33. DISPUTE RESOLUTION. Should an unresolved dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within a reasonable time not to exceed forty-five (45) days of a request. The mediator shall be agreed to by the mediating Parties. In the absence of an agreement on a mediator, the Parties shall each submit one name from mediators listed by the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a “blindfold” process. The cost of mediation shall be borne equally by both Parties. Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.

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

35. ADVERTISING AND PUBLICITY. Service Provider shall not use the name of or refer to City directly or indirectly in any advertisement, news release, or professional or trade publication without prior written approval from the City Manager. This Section shall survive the termination of this Agreement. 215
Agreement No. 32500401

Page 14 of 31 ends

36. NONDISCRIMINATORY EMPLOYMENT. Service Provider shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status. Service Provider understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates.

For every subcontractor who will perform Services, Service Provider shall be responsible for such subcontractor’s compliance with this Section.

37. FORCE MAJEURE. Neither the Service Provider nor the City shall be responsible for any delay caused by any contingency beyond their control, including, but not limited to, war or insurrection, walkouts by the Party’s own employees, fires, natural calamities, riots, or demands or requirements of governmental agencies other than the City.

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

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

40. INTEGRATED AGREEMENT. This Agreement and the attached exhibits referenced herein to this Agreement represent the entire understanding between the Parties. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the Parties to this Agreement and any subsequent successors and assigns.

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

42. AUTHORITY TO EXECUTE. Each Party hereto expressly warrants and represents that through its Designated Representative it has the authority to execute this Agreement on behalf of its corporation, partnership, business entity, or governmental 216
Agreement No. 32500401

Page 15 of 31 ends

entity, and warrants and represents that the Designated Representative has the authority to bind each Party to the performance of its obligations hereunder.

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

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

45. ACKNOWLEDGEMENT. By signing below, Service Provider acknowledges that it has reviewed the City’s General Services Agreement terms and conditions and insurance requirements and that Service Provider hereby agrees to full compliance.

[Signatures on next page]

217
Agreement No. 32500401

Page 16 of 31 ends

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

CITY OF OXNARD BLACKPOINTE GROUP CONSTRUCTION
& MANAGEMENT, INC.

☐Luis Mc Arthur, Mayor2 Date Victor Shittone, Director/Secretary Date ☐Jennifer Yates,3
Purchasing Manager

Laurel Shittone, CFO 4 Date

ATTEST:

Lourdes A. López, CITY Clerk Date
(only if Mayor signs)

APPROVED AS TO FORM:

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

2 The City Council must authorize and the Mayor must execute any agreement over $200,000. 3 The Purchasing Agent may execute any authorized agreement up to $200,000. 4 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.

218
Agreement No. 32500401

Page 17 of 31 ends

EXHIBIT A

GENERAL SERVICE AGREEMENT
(CITY of Oxnard and BLACKPOINTE GROUP CONSTRUCTION & MANAGEMENT, INC.)

SCOPE OF SERVICES

PROJECT MANAGER: Heather D’Anna, heather.d’[email protected], 805-385-3961

The Contractor shall furnish all necessary labor, materials, equipment and other incidental and appurtenant Work to provide Catch Basin Cleaning Services for the City of Oxnard.

Inspection
 Contractor shall inspect every catch basin per the attached schedule and if needed clean catch basin inlets, trash excluders, underground vaults, catch basins, and concrete inlets of debris, sediment, and miscellaneous obstructions.
 Contractor shall photograph each catch basin before and after cleaning/ inspection.  Prior to cleaning the catch basin, the Contractor shall identify the type of debris in the basin as well as quantify the amount of debris in the basin on a scale of 0-100% capacity.

Cleaning
 Catch basin structures shall be cleaned until all debris is removed from the side walls, bottom, and trash excluder screen if present.
 Services can be performed by hand, vacuum combination truck or by other methods as approved by the City.

Debris Hauling and Disposal
 Contractor shall provide transport and disposal of all debris generated as a result of catch basin cleaning. Contractor shall use a disposal site that is properly permitted, regulated, and meets all federal, state, and local guidelines.
 Contractor shall provide disposal manifests with every bill.

Data Logging
 The City will supply the contractor with a GIS application for capturing and storing project and catch basin information.
 Contractor shall purchase a yearly license use agreement to the City’s GIS mapping system that will allow for upload of all necessary information of each catch basin as necessary.
 All debris quantities and related work shall be entered into a contractor owned tablet connected to the City’s GIS Storm Drain Database.
 Contractor shall complete the survey form in its entirety for each catch basin 219
Agreement No. 32500401

Page 18 of 31 ends

 Contractor shall note any trash excluder damage on the survey form and report any trash excluder damage to City personnel immediately.

Catch Basin Placards
 Contractor will be supplied with “No Dumping Drains to Ocean” placards and adhesive  Contractor shall replace any missing or illegible placards

Safety
 Contractor shall develop, submit, and secure approved Traffic control plan for each location as necessary.
 The services of this nature are considered to be in a confined space. Contractor shall take all necessary precautions to ensure the safety of employees at all times.

Warranty
 Catch basins may be field checked by City staff within 1 week of notification of completion and shall be re-cleaned by contractor if debris removal is deemed unsatisfactory. The City will not be charged for this supplementary cleaning.

Invoicing
 Contractor shall provide a monthly summary of catch basin inspections, cleaning and tonnage along with waste manifests and placards replaced.

Scheduling
 The City requests that catch basins be cleaned twice per year, once prior to the rainy season and once after. Contractor is responsible for maintaining an appropriate level of staff to complete services and shall coordinate with the designated City Representative regarding the scheduling of inspections and cleanings of the catch basins prior to start of work.

Month Season # CB Inspect/ Clean
July – December Rainy 2435
Jan – June Dry 2435
220
Agreement No. 32500401

Page 19 of 31 ends

EXHIBIT B

GENERAL SERVICE AGREEMENT
(CITY of Oxnard and BLACKPOINTE GROUP CONSTRUCTION & MANAGEMENT, INC.)

SCHEDULE OF COMPENSATION

Item No. Description Unit Total
1 Inspection Only Each catch basin $23.00
2 Inspection & Cleaning Inlets Without Devices Each catch basin $71.17 3 Inspection & Cleaning Inlets with Full Trash
Capture (FTC) Devices
Each catch basin $71.17
4 Placard Installation Each $10.00
5 Hauling & Disposal of Non-Hazardous Catch
Basin Waste
Per ton $1.00
6 Hauling & Disposal of Hazardous Catch
Basin Waste
Per ton $1.00

221
Agreement No. 32500401

Page 20 of 31 ends

EXHIBIT C

GENERAL SERVICES AGREEMENT
(CITY of Oxnard and BLACKPOINTE GROUP CONSTRUCTION & MANAGEMENT, INC.)

INSURANCE REQUIREMENTS

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

[SEE NEXT PAGES]

222
Agreement No. 32500401

Page 21 of 31 ends

INSURANCE REQUIREMENTS FOR CONSULTANTS (WITH ERRORS AND OMISSIONS REQUIREMENT)

1. Consultant shall obtain and maintain during the performance of any services under this Agreement the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Consultant, its agents, representatives, employees or subconsultants.

a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project or shall be twice the occurrence amount;

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

c. Professional liability/errors and omissions insurance appropriate to Consultant’s profession to a minimum coverage of $1,000,000, with neither Consultant nor listed subconsultants having less than $500,000 individually. The professional liability/errors and omissions insurance must be project specific with at least a one year extended reporting period, or longer upon request.

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

2. Consultant shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-A. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before commencement of services. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email. If you have not received your request or are having difficulty with electronic upload, contact [email protected] 3. Consultant agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.

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

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

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

7. All insurance standards applicable to Consultant shall also be applicable to Consultant's subconsultants. Consultant agrees to maintain appropriate agreements with subconsultants and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager. 1/25

223
Agreement No. 32500401

Page 22 of 31 ends

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

INS-A.doc

224
Agreement No. 32500401

Page 23 of 31 ends

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

PRODUCER

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

CODE SUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE

INSURED COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE COMPANY
LETTER B COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

CO LTR TYPE OF INSURANCE

POLICY NUMBER

POLICY EFFECTIVE DATE (MM/DD/YY)

POLICY EXPIRATION DATE (MM/DD/YY) LIMITS
A GENERAL LIABILITY [x] COMMERCIAL GENERAL LIABILITY [ ] CLAIMS MADE [x] OCCUR. [x] OWNER'S & CONTRACTOR'S PROT.

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

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
225
Agreement No. 32500401

Page 24 of 31 ends

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

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

Insurance Company:

Policy No.:

Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE  Included in Limits
 In Addition to Limits
Telephone:  Deductible  Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage.  Per Occurrence  Per Claim (which) NAMED INSURED APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here  in which case only the following specific agreements and permits with the City are covered CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

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

 Claims Made
Retroactive Date
 Occurrence

OTHER PROVISIONS
COVERAGES LIABILITY LIMITS IN THOUSANDS $

EACH OCCURRENCE AGGREGATE
 GENERAL
 PRODUCTS/COMPLETED OPERATIONS
 PERSONAL & ADVERTISING INJURY
 FIRE DAMAGE


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:

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

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

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

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

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

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

Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or 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:

Rev. 1/25 INS-A.doc
226
Agreement No. 32500401

Page 25 of 31 ends

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

CITY AGREEMENTS/PERMITS

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

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

Name:

Address:

Telephone: ( )

$ per accident, for bodily injury and property damage.

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

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

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

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

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

ENDORSEMENT HOLDER

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

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
227
Agreement No. 32500401

Page 26 of 31 ends

EXHIBIT D

GENERAL SERVICES AGREEMENT
(CITY of Oxnard and BLACKPOINTE GROUP CONSTRUCTION & MANAGEMENT, INC.)

[RESERVED]

228
Agreement No. 32500401

Page 27 of 31 ends

EXHIBIT E

GENERAL SERVICES AGREEMENT
(CITY of Oxnard and BLACKPOINTE GROUP CONSTRUCTION & MANAGEMENT, INC.)

LIVING WAGE POLICY

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

A. Service Provider shall compensate any employee of Service Provider who provides services under this Agreement in
accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit. While this Agreement is in effect, Service Provider shall pay such employee no less than $19.51 per hour for each hour that such employee provides services under this Agreement. In addition, while this Agreement is in effect, Service Provider shall provide to such employee no less than 96 hours of paid leave per calendar year.

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

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

D. In addition, if Service Provider fails to comply with the Living Wage Policy in any manner, Service Provider shall pay to City a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such
employee under the Living Wage Policy. Service Provider shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to Service Provider of the amount owed.

229
Agreement No. 32500401

Page 28 of 31 ends

EXHIBIT F

GENERALSERVICES AGREEMENT
(CITY of Oxnard and BLACKPOINTE GROUP CONSTRUCTION &
MANAGEMENT, INC.)

PREVAILING WAGE

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

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

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

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

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

230
Agreement No. 32500401

Page 29 of 31 ends

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

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

8. Service Provider is not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5.

Service Provider shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provision does not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.

9. Service Provider acknowledges that 8 hours labor constitutes a legal day’s work. Service Provider shall comply with and be bound by Labor Code Section 1810.

10. Service Provider shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours.

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

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

231
Agreement No. 32500401

Page 30 of 31 ends

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

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

232
Agreement No. 32500401

Page 31 of 31 ends

EXHIBIT G

GENERAL SERVICES AGREEMENT
(CITY of Oxnard and BLACKPOINTE GROUP CONSTRUCTION &
MANAGEMENT, INC.)

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

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

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

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

By (Authorized Signature):

Printed Name & Title of Person Signing: Date Executed

Executed in the County of in the State of

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

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

By (Authorized Signature):

Printed Name & Title of Person Signing: Date Executed

Executed in the County of in the State of

233

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.11

DATE: March 4, 2025

TO: City Council

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

SUBJECT: Second Amendment to Agreement 32400156 with Roesling Nakamura Terada Architects, Inc. for Architecture and Engineering Services for the Wastewater Division New Maintenance Building Project PW 22-36.

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute a Second Amendment to an Agreement with Roesling Nakamura Terada Architects, Inc. (RNT) in the amount of $100,000 for a new not to exceed value of $1,100,000 for additional design work required for the New Wastewater Maintenance Building PW 22-36.

(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 Water Resource Recovery Facility (WRRF) owns and operates a 9,032 square foot Maintenance Building.

Constructed in 1978, this building offers office space, a breakroom, a paint booth, a machine shop, equipment storage, locker rooms, and other employee amenities. Originally designed to accommodate just one-third of today’s staff, the facility no longer meets the demands of modern operations. The plumbing, roof, and electrical systems have reached the end of their useful life and require expensive maintenance efforts to remain operable. Additionally, this building was designed and constructed under an outdated seismic code.

On December 05, 2023, the City Council approved Agreement 32400156 with RNT in the amount of $1,000,000 for Architecture and Engineering Services for the Wastewater Division’s New Maintenance Building Project. The scope of work included:
• Project Management
• Data Gathering, Site Visit, and Preliminary Investigations • Schematic Design Phase
• Design Development Phase
• Construction Document Phase
• Bid Phase
• Construction Administration Phase
• Scope and program Verification, and Building Commission

Capital Improvement Program (CIP) Reference:

Project No. C2236 - Wastewater: Maintenance Building Expansion - CIP 2025-2029 - Adopted June 4, 2024 - Page 152.

DISCUSSION
234

The design of this new maintenance building is currently at 80% completion with bidding for construction estimated for mid-2025.

As the design of the new building and site layout progressed through the design development phase and more site-specific details became available, it was identified that specific items needed to be addressed differently than originally assumed in the design scope of work. These requirements were not known at the start of the project but were discovered during the design phase and review by the Development Advisory Committee (DAC). The required additional design work includes:
• Additional paving, parking, and driveway access
• New storm drain facilities
• Relocating and adding new outdoor lighting
• Relocation of existing utilities

Specifically, the design changes include a wider driveway required to meet Fire Department access requirements, which then required additional stormwater analysis and design changes. Americans with Disabilities Act (ADA), security, and safety enhancements required additional site lighting, parking, and sidewalk design. Relocation of electrical infrastructure was required to meet increased energy demands and additional lighting.

This amendment will allow for the required design changes as well as future changes that may arise during the final design and into the construction phase, if needed.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The total cost for this Second Amendment to Agreement 32400156 with RNT shall not exceed $100,000 with a new total contract value of $1,100,000 for professional architectural and engineering services.

The Water Resource Recovery Facility’s New Maintenance Building Project (C2236) is funded from the Wastewater Operating Fund (611) with an available project budget of approximately $2.3M to fund this Project.

COMMITTEE OUTCOME

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

Prepared by: Timothy Beaman, Assistant Public Works Director, Jan Hauser, Wastewater Division Manager, Luis Ortega, Management Analyst

ATTACHMENTS

1. Second Amendment 32400156

2. Original Agreement and First Amendment 32400156

235

SECOND AMENDMENT TO CONSULTANT/PROFESSIONAL SERVICES AGREEMENT (V-01-17-19)) Agreement No. 32400156

SECOND AMENDMENT TO CONSULTANT/PROFESSIONAL SERVICES

AGREEMENT

This Second Amendment (“Second Amendment”) to the Consultant/Professional Services Agreement (“Agreement”) is made and entered into in the County of Ventura, State of California, this ______ day of __________, 20___, by and between the City of Oxnard, a municipal corporation (“City”), and Roesling Nakamura Terada Architects, Inc. (“Consultant”).

This Second Amendment amends the Agreement entered into on December 6, 2023, by City and Consultant. The Agreement previously has been amended on September 17, 2024, by a First Amendment.

City and Consultant agree as follows:

1. The agreement not to exceed amount in Section 4 of the Agreement is hereby amended to “$1,100,000.”

2. As so amended, the Agreement remains in full force and effect.

[Signatures on next page]
236
Agreement No. 32400156
SECOND AMENDMENT TO CONSULTANT/PROFESSIONAL SERVICES AGREEMENT (V-01-17-19) IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.

CITY OF OXNARD ROESLING NAKAMURA
TERADA ARCHITECTS, INC.
☐Luis Mc Arthur, Mayor1 Date Chikako Terada, CEO Date ☐Jennifer Yates, Purchasing Agent 2
Christopher Bradbury, CFO 3 Date
ATTEST:

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

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. 237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. L.1

DATE: March 4, 2025

TO: City Council

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

SUBJECT: Annual Enterprise Pavement Impact Cost Reimbursement Study. (10 minutes)

RECOMMENDATION

That the City Council receive and file the Annual Enterprise Pavement Impact Cost Reimbursement Study.

(Public Works and Transportation Committee approved 3-0 on February 11, 2025.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/dwl- Epu0Lbo

BACKGROUND

The City has approximately 1,037 lane miles of streets, or roughly 95.5 million square feet, with an estimated replacement value of $989 million. Three of the City’s enterprise funds (solid waste, water, and wastewater) that operate within the city limits utilize the City’s streets for portions of their operations to varying degrees. Consistent with a 2014 Enterprise Fund Allocation Study (“2014 IUF Study”), the City had been transferring funds from utility accounts to the General Fund referred to as an Infrastructure Use Fee (IUF) transfer.

The City was party to a lawsuit, Court Case 56-2017-00494475-CU-WM-VTA (“Court Case”), in which the validity of the City’s IUF transfer from enterprise accounts to the General Fund was questioned. In the Court Case, the 2014 IUF Study was deemed inadequate via a judgment entered into on July 13, 2021 (“Judgment”), which is attached for reference. As such, subsequent to the Judgement, the City took measures to reduce the utility rates associated with the three enterprise funds, removing the IUF component, effective September 2021 (see attached staff report for reference).

Additionally, the City provided ratepayers credits on utility bills and the General Fund reimbursed the utility funds.

The Judgement states, “...[the] ruling is without prejudice to the City’s establishment of an IUF transfer methodology which reasonably represents the actual cost to the City’s public safety, governmental agency, and streets and roadways maintenance funds of providing water, wastewater, and solid waste disposal services to property owners.” The Judgement further states, “Article XIII D does not prevent City from charging an IUF to cover such indirect costs.”

City staff originally anticipated the need to take an updated IUF study back to the judge pursuant to the interpretation of the language in the Judgement. However, at a Case Management Conference in November 2024, the judge indicated that an updated IUF study did not need to be returned for review/action.

DISCUSSION

The activities of the water, wastewater, and environmental resources enterprise funds damage the City’s streets in a way that may be isolated and quantified. As such, consistent with the Judgement, the City is authorized to account for these costs in an updated IUF. The Judgment states:

279
“The Court’s findings and conclusion above are without prejudice to the City, at some point going forward, creating a credible and reasonable means of itemizing or estimating the indirect costs of providing public safety, general governmental, and streets and roadways maintenance services attributable to its provisions of water, wastewater and solid waste disposal utility services. The most rudimentary understanding of accounting leads to the conclusion that both direct and indirect costs are capable of being calculated or estimated reasonably. The Court’s conclusion that the City failed to do so in this action should in no way be construed as a barrier to City doing so in the future.”

The City hired a consultant (Bartle Wells Associates) to prepare an updated IUF study. Attached is the final IUF study, titled Annual Enterprise Pavement Impact Cost Reimbursement Study (“Study”). The focus of this Study is to analyze and quantify the annual damages to the City’s streets caused by the utilities and to determine the annual compensation the City should receive through a transfer to the General Fund. The annual damage to the City’s streets that is caused by the utilities each year is connected to the respective enterprises’ use of the streets. The water and wastewater enterprises damage the streets while installing and making infrastructure repairs. The solid waste enterprise causes excessive damage by its constant use of heavy equipment on roadways that are not designed and constructed to handle its vehicles.

This Study focuses on quantifiable impacts with supporting data on the damages to the City’s roadways caused by the uniquely impactful use of the City’s roadways by the water, wastewater, and solid waste enterprises for the benefit of utility customers. Unlike the 2014 IUF Study, this new report does not include an analysis of public safety or governmental facilities.

Here is a summary of the roadway analysis:

Water and Wastewater - This Study quantifies the portion of roadway degradation caused by the water and wastewater enterprises by using the results of a field survey of City streets to calculate the actual reduction in the Pavement Condition Index (PCI) attributable to the visible trench patches made by the water and wastewater enterprises. When the water and wastewater enterprises access their underground infrastructure in the streets, their repair method includes utility patches in the asphalt, which in turn reduces the durability and structural integrity of the roadway asphalt.

Solid Waste - The solid waste enterprise’s damage to the streets is quantified by 1) identifying the actual amount of vehicle wear the City streets are designed to withstand, then 2) calculating the portion of that damage caused by the solid waste enterprise based on the actual weight of solid waste trucks, the actual area impacted by solid waste routes, and frequency of solid waste collections.

The Study was peer-reviewed by a third-party consultant, specifically Debaroti Ghosh, PhD and Margot Yapp, PE with Nichols Consulting Engineers (NCE). The peer-review team concluded that the process presented in the Study represents a conservative yet valid approach to present the financial damage to the City’s street.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

There is no fiscal impact associated with receiving and filing this report. The Study estimates the total amount of the new Infrastructure Use Fee (IUF) at approximately $2.1 million per year, with the following breakdown by enterprise funds:

Water – $55,859; Wastewater – $35,713; and Solid Waste – $2,048,468. The solid waste rates approved by the City Council in April 2024 include an IUF component, while the water rates approved in May 2023 did not. Staff recommends incorporating the IUF into the next analysis of water rates. Currently, staff and a third-party consultant are reviewing the wastewater rates, and the updated IUF from the Study will be included in that analysis. Any necessary budget adjustments will be addressed through the annual budgeting process.

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 3-0 on February 11, 2025, to approve the staff recommendation and to forward the item for the City Council to receive and file.

280
Prepared by: Michael Wolfe, Public Works Director

ATTACHMENTS

1. Judgment Court Case 56-2017-00494475-CU-WM-VTA

2. September 7, 2021 Staff Report - Infrastructure Use Fee Refund and Utility Rate Reduction

3. Annual Enterprise Pavement Impact Cost Reimbursement Study

4. Peer Review Memorandum

5. Presentation

281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319

CITY COUNCIL AGENDA REPORT

REPORT OF CITY MANAGER/EXECUTIVE

DIRECTOR/SECRETARY
AGENDA ITEM NO. G.2

DATE: September 7, 2021

TO: City Council

FROM: Alexander Nguyen, City Manager, (805) 385-7430, [email protected]

SUBJECT: Infrastructure Use Fee Refund and Utility Rate Reduction.

RECOMMENDATION

That the City Council receive a report regarding the Infrastructure Use Fee (IUF) credit and utility rate reduction, and approve and authorize the following:

1. The refund of IUF funds totaling $7,112,897 paid by Oxnard utility customers during the period of January 1, 2020 through August 31, 2021, with Water customers receiving a credit totaling $3,208,214, Wastewater customers receiving a credit totaling $2,015,000, and Environmental Resources customers receiving a credit totaling $1,889,683;

2. The reduction of utility rates by a combined estimated total of $3,556,448 (a 3.2 percent reduction) for the period September 1, 2021 through June 30, 2022 to reflect the elimination of the IUF for this time period. Water rates will be reduced by an estimated $1,604,106, Wastewater rates by an estimated $1,007,500, and Environmental Resources rates by an estimated $944,842;

3. In Fiscal Year 2022-23 and beyond, the City’s full and continued compliance with the Second Amended Final Judgment filed July 13, 2021 regarding utility rates and a new IUF consistent with this judgment. (Case No.: 56-2017- 00494475-CU-WM-VTA); and

4. The Chief Financial Officer or designee to approve administrative budget adjustment for the impacted revenue reductions in the Water, Wastewater and Environmental Resources funds for Fiscal Year 2021-22.

BACKGROUND

The City currently has between approximately 40,000 and 47,000 customer accounts, which varies based upon the specific utility. The average customer, across all classes, was billed $274 per month, or $5,480 over the 20-month period for all three utilities combined.

As part of the rate studies previously conducted to develop rates for the three utilities (Water, Wastewater and Environmental Resources), an IUF was incorporated into the rate models. Including the IUF resulted in an increase in total expenditures for each utility, thereby increasing the rates to a level that was higher than would have otherwise been calculated.

Consistent with the Court’s order and pursuant to the recommended actions, the City will remove the IUF from the City’s rate structure by reducing utility rates by a combined 3.2%, or an estimated $3,556,448 million effective September 1, 2021 through June 30, 2022. These reductions are estimated to reduce the rates for Water by $1,604,106, Wastewater by $1,007,500, and Environmental Resources by $944,842. The reduced rates will remain in effect until the City completes and adopts new IUF study(ies) and/or new rate study(ies). The total annual impact of the rate reductions is an estimated $4,267,738. The actual reduction for each customer will depend on the usage of water and wastewater services, and the 320
type of Environmental Resources services that each customer receives from the City.

In addition, pursuant to the recommended action, all existing residential and commercial utility customers will receive a one-time credit in September that will appear on their October 2021 utility bill. This means that all existing customers will be credited for 20 months of IUF payments (January 2020 through August 2021) on their October 2021 utility bill.

The City will credit a total of $7,112,897 to its residential and commercial ratepayers of the three utilities. (Water - $3,208,214, Wastewater - $2,015,000, Environmental Resources - $1,889,683). The specific amount of the one-time credit will be calculated based on each customer’s actual Water, Wastewater and Environmental Resources charges from January 2020 to August 2021.

For former utility customers, one of three options will apply:

1. If a customer moved out and terminated their utility account between January 2020 and August 2021 and left their account balance at $0 (i.e., paid the utility accounts in full), then the amount of one-time credit will be posted to their closed utility account, the account will show a credit balance, and a refund check will be mailed to the former customer at the mailing address on file.

2. If a customer moved out and terminated their utility account between January 2020 and August 2021 and left an outstanding balance, then the amount of the one-time credit will be posted to their closed utility account and the credit will be applied against the outstanding balance. If the credit amount is larger than the balance owed, the account will end up with a refund. A refund check will be mailed to the former customer at the mailing address on file.

3. If a customer moves out and terminated their utility account on or after September 1, 2021, the customer would have received the one-time credit and was charged the reduced rate prior to closing the account. No further refund would be due.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

This action involves authorizing the one-time credit of $7,112,897, and reducing ongoing utilities rates by a combined

3.2% for FY 2021-22, resulting in a revenue decrease in FY 2021-22.

Each of the three (3) utilities has sufficient funding in their respective fund balances to fund both the one-time credit and to absorb the impact to revenues of the current rate reduction in FY 2021-22.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Kenneth Rozell, Chief Assistant City Attorney, Juanita Guzman, Administrative Services Manager

ATTACHMENTS
None
321

Annual Enterprise Pavement Impact
Cost Reimbursement Study
February 21, 2024
322

BARTLE WELLS ASSOCIATES 2
City of Oxnard – Infrastructure Use Fee Study
Table of Contents
ES Executive Summary ............................................................................................................................... 5 Study Overview ......................................................................................................................................... 5 Methodology Overview............................................................................................................................. 5 2014 Study Methodology Overview………………………………………………………………………………………………… 5 Overview of Methodology Used in This Study………………………………………………………………………………… 6 Study Findings ........................................................................................................................................... 6

1. Study Objectives & Background ............................................................................................................ 7 Legal Environment .................................................................................................................................... 7 City of Oxnard Streets ............................................................................................................................... 8 Pavement Deterioration ........................................................................................................................... 8 Fatigue……………………………………………………………………………………………………………………………………………..8 Aging………………………………………………………………………………………………………………………………………………..8

2. Water and Wastewater Infrastructure Use Fees .................................................................................. 9 Pavement Management ............................................................................................................................ 9 Utility Trench Patching .............................................................................................................................. 9 Portion of Street Wear Attributable to Utility Trench Patching ............................................................. 10 Annual Infrastructure Use Fee Derivation .............................................................................................. 13 Retroactive Application of Annual Water and Wastewater Infrastructure Use Fee Methodology ........ 14

3. Solid Waste Collection Infrastructure Use Fee .................................................................................... 15 Solid Waste Collection in the City of Oxnard .......................................................................................... 15 Impacts of Vehicle Traffic on Roadways ................................................................................................. 15 Residential Street and Alley Area Impacted Solid Waste Collection 16 ESALs Utilized by Solid Waste Collection 16
Derivation of Annual Solid Waste Infrastructure Use Fee ...................................................................... 18 Retroactive Application of Annual Solid Waste Collection Infrastructure Use Fee Methodology ......... 20

4. Summary and Recommendations ....................................................................................................... 21 Recommendations .................................................................................................................................. 21 Appendix A ................................................................................................................................................. 22 Solid Waste Collection Routes ................................................................................................................ 22 Solid Waste Collection Vehicle Weight - Side-Loader ............................................................................. 23 323

BARTLE WELLS ASSOCIATES 3
City of Oxnard – Infrastructure Use Fee Study
City of Oxnard Street Area by Functional Class ....................................................................................... 24 Solid Waste Vehicle Weight and ESAL Calculation .................................................................................. 25

Table of Tables
Table 1 – Summary of Annual IUF by Enterprise .......................................................................................... 6 Table 2 – Summary of Retroactive Application of IUF From 2014 through 2021 ......................................... 7 Table 3 – Survey Results: Area Impacted by Visible Trench Patches .......................................................... 10 Table 4 – Survey Results: Average Weighted PCI Score .............................................................................. 10 Table 5 – Survey Results: Average Weighted PCI Score .............................................................................. 11 Table 6 – Trench Patch PCI Score Impact Simulation ................................................................................. 12 Table 7 – Impact on Visible Water and Wastewater Trench Patches on Oxnard’s Roadways ................... 12 Table 8 – Water and Wastewater IUF Derivation ....................................................................................... 13 Table 9 – Water and Wastewater Portion of Underground Infrastructure ................................................ 13 Table 10 – Water and Wastewater IUF ....................................................................................................... 14 Table 11 – Retroactive Application of Water and Wastewater IUF Methodology ..................................... 14 Table 12 – Residential Street Impact Area by Solid Waste Collection ........................................................ 16 Table 13 – Alley Impact by Solid Waste Collection ..................................................................................... 16 Table 14 – Solid Waste Vehicles' Portion of Annual Residential Street ESAL ............................................. 17 Table 15 – Weighted Average, Annual Alley ESAL ...................................................................................... 17 Table 16 – Solid Waste Vehicles' Portion of Annual Alley ESAL .................................................................. 18 Table 17 – Solid Waste Annual Residential Street IUF Derivation .............................................................. 18 Table 18 – Solid Waste Annual Alley IUF Derivation ................................................................................... 19 Table 19 – Total Solid Waste Annual IUF Derivation .................................................................................. 19 Table 20 – Retroactive Application of Annual Solid Waste Collection IUF Methodology .......................... 20 Table 21 – Summary of Annual IUF by Enterprise ...................................................................................... 21 Table 22 – Summary of Retroactive Application of IUF From 2014 through 2021 ..................................... 21

Table of Figures
Figure 1 – Utility Trench and Trench Patch ................................................................................................. 10

324

BARTLE WELLS ASSOCIATES 4
City of Oxnard – Infrastructure Use Fee Study
Glossary of Terms

Terms Descriptions
Alley Secondary access to buildings
Arterials Primary conduits for mobility through metropolitan areas BWA Bartle Wells Associates
City The City of Oxnard
Collectors Collect traffic from residential streets and guide traffic to arterial streets Dry Utility Telecommunications, Electricity, Gas
ESAL Equivalent Single Axle Load
IUF Infrastructure Use Fee
PCI Pavement Condition Index
Residential Street Primary access to residences
Roadway Arterials, collectors, residential streets, and alley maintained by the City Wastewater
Enterprise Wastewater service provided by the City
Solid Waste
Enterprise Garbage service provided by the City
TI Traffic Index
UI Underground Infrastructure
Water Enterprise Water service provided by the City

325

BARTLE WELLS ASSOCIATES 5
City of Oxnard – Infrastructure Use Fee Study
ES Executive Summary
Study Overview
The City of Oxnard (the “City”) is the largest city within Ventura County, California. The City is home to over 200,000 residents and maintains a street network of over 1,034 Lane Miles of city streets. The activities of the City’s solid waste, water, and wastewater enterprises damage the City’s streets in a way which may be isolated and quantified. The solid waste enterprise sends heavy collection trucks over the majority of the City’s streets, especially residential streets, multiple times per week causing the streets to degrade. The water and wastewater enterprises have infrastructure under the streets. When the water and wastewater enterprises cut into the streets to access their infrastructure, damage is caused to the City’s streets.

The objective of this study is, first, to analyze and quantify the annual damages to the City’s streets caused by the water, wastewater, and solid waste enterprises and, second, to determine how much the enterprises should compensate the City for the cost of the damages through a transfer to the General Fund.

The annual damage to the City’s streets that is caused by the water, wastewater, and solid waste enterprises each year is factually connected to the respective enterprises’ use of the streets. The water and wastewater enterprises damage the streets while installing and making infrastructure repairs. The solid waste enterprise causes excessive damage by its constant use of heavy equipment on roadways that are not designed and constructed to handle its vehicles.

The following study describes the fact -based approach and methodology used to quantify the annual damages to the City’s streets caused by the water, wastewater, and solid waste enterprise operations and provides the findings and recommendations of the project team.

Methodology Overview
2014 Study Methodology Overview
In 2014 the City had an Enterprise Fund Allocation Study performed. The 2014 study allocated the impact to roadways between surface and subsurface activities. First, the total construction and maintenance costs associated with surface and subsurface activities were totaled. Second, these totals were allocated amongst the City’s utilities.

The surface cost allocated to the solid waste enterprise was based on a general estimate of the percentage of equivalent single axle load (ESAL) generated by solid waste enterprise vehicles on all the City’s roadways out of the City’s general traffic load.

The solid waste enterprise was allocated only a portion of surface costs and the water and wastewater enterprises were allocated a portion of the subsurface costs. Because water and wastewater utilities have pipelines that generally are responsible for any damage caused to the subsurface, the 2014 study allocated all subsurface construction and maintenance costs to the water and wastewater enterprises, and then allocated those costs between the two enterprises based on an inventory of pipelines used by each enterprise.
326

BARTLE WELLS ASSOCIATES 6
City of Oxnard – Infrastructure Use Fee Study
Overview of Methodology Used in This Study
This study focuses on quantifiable impacts with supporting data of the damages to the City’s roadways caused by the uniquely impactful use of the City’s roadways by the water, wastewater and solid waste enterprises for the benefit of utility customers.

This study quantifies the portion of roadway degradation caused by the water and wastewater enterprises by using the results of a survey of City streets to calculate the actual reduction in the Pavement Condition Index (PCI) score attributable to the visible trench patches made by the water and wastewater enterprises. When the water and wastewater enterprises access their underground infrastructure in the streets, their repair method includes utility patches in the asphalt, which in tu rn reduces the durability and structural integrity of the roadway asphalt. The water and wastewater enterprise portion of the overall PCI score reduction of City roadways is then applied to planned annual capital and operating costs to derive the infrastructure use fee (IUF). The City uses the PCI score of its roadways, updated by annual surveys, to help determine its capital spending plan. Since the water and wastewater IUF is based on annual survey data as well as planned capital and operating costs, it will change as the City’s street condition changes.

The solid waste enterprise’s damage to the streets is quantified by 1) identifying the actual amount of vehicle wear the City streets are designed to withstand; then 2) calculating the po rtion of that damage caused by the solid waste enterprise based on the actual weight of solid waste trucks, the actual area impacted by solid waste routes, and frequency of solid waste collections; and finally 3) applying the portion of degradation to planned capital and operating costs. As with the water and wastewater IUF, the solid waste IUF will change periodically as the data for these factors change.

Study Findings
The results from the analysis performed in this study demonstrate that the activiti es of the City’s water, wastewater, and solid waste enterprises cause annual degradation to the City’s roadways.

Table 1 below provides a summary of the current projected annual cost for FY 2022/23 of the impact to the roadways by enterprise fund. Table 2 provides an updated estimate of the costs between 2014 and 2021 to address issues raised in recent litigation over the City’s IUF.1 Table 1 – Summary of Annual IUF by Enterprise
Annual IUF Amount
Water $55,859
Sewer $35,713
Solid Waste $2,048,468
Total IUF $2,140,040

1 Starr v. City of Oxnard, Ventura County Superior Court, Case No. 56-2017-00494475. 327

BARTLE WELLS ASSOCIATES 7
City of Oxnard – Infrastructure Use Fee Study
Table 2 – Summary of Retroactive Application of IUF From 2014 through 2021 Enterprise Fund Amount
Water $210,085
Sewer $134,317
Solid Waste $9,208,572
Total Annual Improvement Costs $9,552,974

1. Study Objectives & Background
Bartle Wells Associates (BWA) was engaged by the City of Oxnard (the “City”) to perform an Infrastructure Use Fee Study. The objective of this study is to 1) use the best available data, s pecific to the City, to quantify the proportion of pavement degradation on the City’s streets and alleys reasonably attributable to use by the water, wastewater, and solid waste enterprises, and then 2) apply the calculated proportions to actual past spend ing and projected future spending on street maintenance. This process requires incorporation of the City’s financial data, pavement management system data, pavement design criteria, and results from an Oxnard pavement survey performed in 2022.

Legal Environment
Utility rates are subject to the procedural and substantive requirements as set forth in Proposition 218.

Since utility rates may pay to the City’s General Fund an amount equal and proportional to the cost of street damages by the utility, the amount transferred must comply with Proposition 218.

Proposition 218 was adopted by California voters in 1996 and added Articles XIII C and XIII D to the California Constitution. Article XIII D, Section 6 governs property‐related charges which, as the California Supreme Court subsequently ruled, includes ongoing utility service charges such as water and wastewater charges. Article XIII D, Section 6 establishes: 1) procedural requirements for imposing or increasing property‐related charges, and 2) substantive requirements for those charges. Article XIII D also requires voter approval for new or increased property‐related charges but exempts from this voting requirement rates for water, wastewater, and refuse collection services. The substanti ve requirements of Article XIII D, Section 6(b) require the City’s utility rates to meet the following conditions:

1. Revenues derived from the fee or charge shall not exceed the funds required to provide the property related service.

2. Revenues derived from the fee or charge shall not be used for any purpose other than that for which the fee or charge was imposed.

3. The amount of a fee or charge imposed upon any parcel or person as an incident of property ownership shall not exceed the proportional cost of the service attributable to the parcel.

4. No fee or charge may be imposed for a service unless that service is used by, or immediately available to, the owner of the property in question.

5. No fee or charge may be imposed for general governmenta l services, such as police or fire services, where the service is available to the public at large in substantially the same manner as it is to property owners.
328

BARTLE WELLS ASSOCIATES 8
City of Oxnard – Infrastructure Use Fee Study
City of Oxnard Streets
The City maintains a street network of 1,034 lane miles of roadway com prised of arterials, collectors, residential streets, and alleys.

Arterials serve as the primary conduits for mobility and circulation through metropolitan areas. They serve the major activity centers, tie into larger circulation elements like freeways, carry the highest traffic volumes, and typically have the greatest number of travel lanes. Arterials will generally try to connect and provide continuity throughout the urban corridor and area, both locally and regionally.

Collectors serve a critical role as they ‘collect’ traffic from local and residential streets and guide traffic to arterial streets. These will generally have lower traffic volumes and travel lanes compared to arterials.

Collectors will typically connect residential and commercial areas at greater distances and traffic volumes compared to residential streets.

Residential streets serve as the primary access to residences. Multiple residential streets will connect to a collector or arterial as a means of reaching other sections of the me tropolitan area. These roads generally have low traffic volumes, less travel lanes, and lower posted speed limits.

Alleys are located between or behind buildings, serve as an access to private property and have the lowest traffic volumes.

Pavement Deterioration
Pavement deteriorates from two processes: fatigue and aging. The processes occur simultaneously. In a well-designed and constructed pavement, the two processes result in the need to rehabilitate the pavement at approximately the same time. This is called the design life. The design life for most new pavements is approximately twenty years, based upon many factors. Each aging process has its own set of pavement defects that are related to the process.

Fatigue
The first deterioration process is fatigue from axle loads. Roads generally consist of an asphalt concrete layer, base, and sub-base layers. Asphalt concrete is composed of aggregates bound by asphalt cement and may include other binders or add -mixtures. The base and sub -base layers consist of aggregates of different thickness. As the pavement structure flexes or bends fro m wheel loads, the asphalt concrete layer’s ability to flex is consumed. With enough bending, the asphalt concrete layer begins to break at the bottom. These cracks progress upward until they reach the surface and appear as alligator cracking.

Aging
The major element of the pavement structure that ages is the asphalt concrete layer. To a minor extent, aggregate bases can age if contaminated by fine soil particles or water, which are transported from the subsoil into the aggregate base. Asphalt concrete is composed of aggregates bound by asphalt cement.

The aggregates experience some breakdown over time. Aggregate aging problems can be addressed in maintenance procedures. The asphalt concrete binder (asphalt adhesive) ages as well. As the aspha lt binder ages, it loses volume through the loss of volatile components in the asphalt. As the volume decreases, the pavement will progressively crack from the resulting tensile strain in the layer. Normally, these cracks first show up as transverse cracks . They also show up in weak areas, such as paving joints.

These cracks widen and increase over time until the pavement has a checkerboard appearance. The aging process also causes the pavement to become more brittle. The increased stiffness results in addi tional 329

BARTLE WELLS ASSOCIATES 9
City of Oxnard – Infrastructure Use Fee Study
cracking from loaded vehicles. This load induced cracking from the brittleness of the asphalt concrete is very similar to fatigue cracking in appearance. The major agent for deterioration of the asphalt concrete binder is oxygen. The carrier of the oxygen is water. Water enters the pavement either from the surface or as water vapor from underneath due to leaks or breaks in the underground water or wastewater infrastructure.

2. Water and Wastewater Infrastructure Use Fees
The underground infrastructure (UI) of the City’s water and wastewater utilities impose ongoing wear on the streets above the UI. There are many ways the presence of UI causes the pavement above to degrade including gradual leaks causing added moisture, subsidence around the UI, u tility trench patches (both visible and covered pavement resurfacing) as a result of accessing the UI, and points of weakness caused by UI access points (manholes, valves, etc.).

The City estimates that approximately 90 percent of its roadways have some kind of UI underneath them.

However, this study focuses only on the impact from visible utility trench patches because visible utility trench patches are the only cause of pavement degradation that can currently be directly quantified.

Visible utility trench patches are captured in the street survey used to update the pavement management system, which impacts the overall PCI score of the City streets. The PCI score is the basis of the City’s pavement capital spending budget and informs the type and quantity of pavement projects performed by the City.

In short, this study’s estimates of the impacts from water and wastewater UI are very conservative, as they omit factors that are undisputable but also difficult to quantify.

Pavement Management
The City tracks the condition and maintenance requirements of its streets using a pavement management system. The pavement management system is updated annually with data collected from street condition surveys. Based on the street condition data, the pavement management system calculates the Pavement Condition Index (PCI) score of the City’s streets, which reflects the condition of the streets. The score is on a scale from 0 (worst) to 100 (best). The current PCI score drives the projected capital spending budget produced by the pavement management system. The City surveys the conditions of one third of its streets every year, completing a full survey of its streets every three years.

Utility Trench Patching
Occasionally a utility will need to access its UI. To ac cess the UI, the utility will cut out a section of the street and dig a trench down to the buried UI. When the project is completed, the utility fills in the trench and patches over the road. Damage to the street occurs because the UI repair lowers the str uctural integrity of the roadway asphalt. The opening of the trench reduces the lateral support of the pavement, creating a zone of weakened pavement and reducing the lifespan of the pavement. Improperly backfilled and compacted trenches create sagging or slumping, also reducing the lifespan of the pavement.

Additionally, introducing cuts to the pavement will lead to water intrusion, resulting in the loss of fine materials from the underlying backfill material, which reduces pavement strength and the life o f the pavement.
330

BARTLE WELLS ASSOCIATES 10
City of Oxnard – Infrastructure Use Fee Study
Because trenches negatively impact pavement, visible trench patches are one of the types of pavement degradation that are noted in the pavement condition survey. The presence of a trench patch will reduce the PCI score of the pavement segment being measured. The PCI score reduction will vary depending on the size and severity of the trench patch and the overall PCI of the roadway segment.

The following photos show a utility trench and trench patch.

Figure 1 – Utility Trench and Trench Patch

Portion of Street Wear Attributable to Utility Trench Patching The City engaged its pavement management consultant to specifically identify the visible trench patches above water and wastewater UI in the recent pa vement condition survey and then calculate the PCI of those segments both with and without the visible trench patch included in the calculation.

The consultant surveyed a representative sample of the City’s roadways, comprising more than 20 million square feet of pavement. Of the roadways surveyed, the consultant found 3.96% of the area was impacted by visible trench patches over water and wastewater infrastructure.

Table 3 – Survey Results: Area Impacted by Visible Trench Patches Total Area (SqFt) Reviewed: 20,170,387
Total Area (SqFt) with Visible Underground Utility Trenches: 720,744 Percentage of Total Area with Visible Underground Utility Trenches: 3.57%

The pavement management consultant then calculated the weighted average PCI score (PCI score weighted by area) of the segments with visible trench patches for the total sample area (shown in the following table).

Table 4 – Survey Results: Average Weighted PCI Score
Average Weighted PCI Score of Roadway Area Reviewed: 66.9 Weighted Average PCI of Sections with Visible Underground Utility Trench: 45.7 331

BARTLE WELLS ASSOCIATES 11
City of Oxnard – Infrastructure Use Fee Study

The consultant then broke the sample area into tiers based on PCI score and calculated the weighted average impact of visible trench patches on the PCI within those tiers. The “Weighted Average PCI Score Impact” in Table 5 is the difference between the PCI score with the impact from visible trench patches included and the PCI score without the impact from the visible trench patches included. This is the impact attributable to the visible utility trench patches.

Table 5 – Survey Results: Average Weighted PCI Score
Category
Condition
Area
(SqFt)
Patch
(SqFt)
Weighted Average PCI
Score Impact
Excellent
(100-91) 0 0 N/A
Fair
(90-71) 0 0 N/A
Fair
(70-51) 377,185 1,701 -1.67
Poor
(50-31) 246,014 2,607 -3.69
Failed
(30-0) 176,170 1,310 -0.90

This breakdown by tier is important because the impact from trenching differs based on the preexisting PCI score: A given trench will have a greater impact on a stretch of road with an “Excellent” PCI score than that same trench will have on a stretch of road in the “Fair” PCI tier (See Table 6). To normalize the impact from visible trenches, therefore, this study looks at the “average of the average,” applying the average impact of trenches on the PCI tier where the average trench is located. The weighted average PCI score of the sections surveyed with visible trench patches (PCI score of 45.7) fell in the poor category condition (PCI score of 50 – 31). The average PCI reduction due to the presence of visible trench patches for street segments in the poor category condition range was 3.69 , making that figure the reasonable average impact from visible utility trench patches.

To verify the results, the pavement management consultant also ran a simulation to see the average impact of utility patches to the PCI score. Specifically, they looked at data for a street segment with a four- foot (4’) patch of low severity running along the length of the segment as compared to the same street segment without the patch. The results of this simulation are shown in the following table. The simulation confirms that there will be an impact and shows a visible trench patch having a greater impact than the impact found from the survey. The impact to the poor category condition from the simulation of 3.76 closely aligns with the impact identified in the survey of 3.69. 332

BARTLE WELLS ASSOCIATES 12
City of Oxnard – Infrastructure Use Fee Study
Table 6 – Trench Patch PCI Score Impact Simulation

The average PCI score of all the sections surveyed was 66.9. A street with no degradation would have a PCI score of 100. The average deterioration can be represented by subtracting the average PCI score from 100. (100 – 66.9 = 33.1 points of degradation have occurred). The 3.69-point reduction attributable to the trench patches represents 11.15% of the deterioration of the City’s pavement (3.69 / 33.1 = 11.15%).

To calculate the overall impact that trench patches have on all the City’s roadways, the percent of the roadways impacted by utility trench patches needs to be multiplied by the amount of deterio ration attributable to the trench patches (3. 57% x 11.15% = . 40%) The portion of the total systemwide degradation attributable to visible trench patches is . 40%. These calculations are also shown in the following table.

Table 7 – Impact on Visible Water and Wastewater Trench Patches on Oxnard’s Roadways Column
Visible Water and Wastewater Utility
Trench Patch Portion of Pavement Wear Amount
A Average PCI Score of Street Sections Surveyed 66.9
B PCI Score Reduction Due to Visible
Underground Utility Trench 3.69
C Wear on Street Sections with Utility Trenches
(100-A) 33.1
D Percent of Wear Due to Utility Trenches (B/C) 11.15%
E Percent of Total Area (SqFt) Surveyed with
Visible Underground Utility Trenches 3.57%
F Portion of Total PCI Reduction Due to
Underground Utility Trenches (D*E) 0.40%

333

BARTLE WELLS ASSOCIATES 13
City of Oxnard – Infrastructure Use Fee Study
Annual Infrastructure Use Fee Derivation
The following Water and Wastewater IUFs reflect the water and wastewater portion of total pavement degradation applied to the average annual planned capital spending and the annual street repair operating budget. This is the same methodology a utility would use to determine rates for the next five years. The Water and Wastewater IUFs are derived by 1) identifying the projected average annual pavement spending, 2) multiplying the projected average annual spending amount by the portion of degradation attributable to visible trench patches, and 3) multiplying this product by the portion of total underground infrastructure attributable to the water enterprise and to the wastewater enterprise. Table 8 reflects steps 1) and 2) described above. Table 9 and Table 10 reflect step 3).

Table 8 – Water and Wastewater IUF Derivation
Column
Water and Wastewater Infrastructure
Use Fee Amount
A Ten Year Projected CIP Spending* $193,600,000
B Average Annual CIP Spending (A/10) $19,360,000
C Annual Projected Street Maintenance
Spending** $3,533,035
D Total Projected Annual Costs (B+C) $22,893,035
E Portion of Total PCI Reduction Due to
Underground Utility Trenches 0.40%
F Water and Sewer Underground Utility
Trench Portion of Pavement CIP (D*E) $91,572
* Projected capital spending (Pavement Engineering Inc., 2021) ** Projected annual street maintenance spending excludes all costs that are not asphalt, street striping and pavement repairs costs. The projected amount is also based on the 2023 budget which reflects a full year of the addition of a new street maintenance crew added in 2022.

The water and wastewater IUF then need to be split between the water and wastewater enterprises.

The split is based on each enterprise’s portions of the total length of the water and wastewater underground infrastructure.

Table 9 – Water and Wastewater Portion of Underground Infrastructure Water and Wastewater
Underground
Infrastructure Length, ft
Portion of
Underground
Infrastructure
Water Pipe 3,240,359 61%
Wastewater Mains 2,052,803 39%
Total 5,293,162

Each enterprise’s portion of the total water and wastewater underground infrastructure is then multiplied by the water and wastewater IUF to derive the Water IUF and the Wastewater IUF. 334

BARTLE WELLS ASSOCIATES 14
City of Oxnard – Infrastructure Use Fee Study
Table 10 – Water and Wastewater IUF
Enterprise Infrastructure Use Fee (IUF)
Derivation
Portion of
Underground
Infrastructure
Annual
Enterprise
IUF
Total Water and Wastewater IUF $91,572
Water IUF 61% $55,859
Wastewater IUF 39% $35,713

Retroactive Application of Annual Water and Wastewater Infrastructure Use Fee Methodology
The City is currently required to refund the entirety of the IUF paid by the water and wastewater enterprises from 2014 through 2021. The following table applies the methodology described in this section to the actual capital and operating costs p aid by the City for pavement repair and replacement from 2014 through 2021. It is important to note that these amounts are significantly lower than projected spending because the City only recently approved a much more aggressive Capital Plan to significan tly improve the average pavement condition of its streets.

Table 11 – Retroactive Application of Water and Wastewater IUF Methodology Fiscal
Year
Actual
Pavement
Expenditures
Water and
Wastewater
Impact on
Pavement
Water and
Wastewater
Portion of
Pavement
Expenditures
A B A x B
2014 $2,834,169 0.40% $11,337
2015 $6,552,205 0.40% $26,209
2016 $12,470,126 0.40% $49,881
2017 $5,597,925 0.40% $22,392
2018 $16,490,042 0.40% $65,960
2019 $14,626,086 0.40% $58,504
2020 $9,136,324 0.40% $36,545
2021 $18,393,589 0.40% $73,574
Total $86,100,465 $344,402

Water Portion 61% $210,085
Wastewater
Portion 39% $134,317

335

BARTLE WELLS ASSOCIATES 15
City of Oxnard – Infrastructure Use Fee Study

3. Solid Waste Collection Infrastructure Use Fee
Residential streets and alleys in the City are designed to support light residential traffic and are generally designated as “light traffic streets” by the City. Because light traffic streets are not designed to support heavy vehicles, the City restricts commercial vehicles weighing more than five tons from traveling on light traffic streets except in specific circumstances 2. One of the exceptions to the restriction of heavy commercial vehicles traveling on light traffic streets is the collection of solid waste. Solid waste collection vehicles have an average weight of about twenty tons and make a minimum of three collection passes per week to collect different types of waste from customers receiving solid waste service. The following section of this report quantifies the cost of the wear that heavy, solid waste collection vehicles place on light traffic streets for the benefit of property owners receiving solid waste collection service.

Solid Waste Collection in the City of Oxnard
The City provides weekly solid waste c ollection and disposal service using a three bin system. Each bin contains a different type of waste and is collected separately. This means that solid waste vehicles pass each customer three times per week. Residential customers place their bins in the st reet or in the alley, depending on the customer’s location. Solid waste for residential customers is performed by side- loading trucks making passes on both sides of the street or alley.

Impacts of Vehicle Traffic on Roadways
Every time a vehicle travels, it causes the pavement to deteriorate.

The impact of a vehicle passing over pavement is measured in equivalent 18,000-pound axle loads (ESALs). Each roadway in the City is designed to withstand a certain number of ESALs over a twenty-year period. The total ESALs are linked to pavement design specifications by design Traffic Index (TI) numbers. For example, a design TI of 5 is equal to 7,160 ESALs while a design TI of 8 is equal to 371,676 ESALs 3. The pavement with a design TI of 5 will have different desig n specifications, such as a thinner layer of asphalt, from the pavement with a design TI of 8.

The portion of the total residential street and alley wear in the City reasonably attributable to solid waste collection is determined by 1) identifying the percentage of the total area of the City’s residential streets and alleys where solid waste collection vehicles travel, 2) identifying the percent use of, or wear and tear upon, those streets and alleys that is done by the City’s solid waste collection vehicles, and 3) multiplying the two percentages together. Table 12 and Table 13 identify the percentage of the total area traveled by solid waste vehicles. Table 14, Table 15, and Table 16 identify the percentage of the wear and tear in that area inflicted by the solid waste vehicles. Table 17 and Table 18 multiply the percentages in the previous tables together and apply them to the total cost of maintaining the roadways. Importantly, because this study looks only at the impact on residential streets and alleys, it omits the solid waste utility’s impact on arterials and collectors, even though its vehicles must use those roads to access residential neighborhoods. As with the calculations for the water and wastewater utilities, therefore, the calculations here are conservative.

2 City of Oxnard City Code, SEC. 8-3. LIGHT TRAFFIC STREETS DESIGNATED; HEAVY TRUCKS PROHIBITED 3 Pavement Engineering, Inc. 2021.

A side-loading solid waste truck collecting
a customer’s bin on a residential street.
336

BARTLE WELLS ASSOCIATES 16
City of Oxnard – Infrastructure Use Fee Study
Residential Street and Alley Area Impacted Solid Waste Collection The following tables show the area of the residential streets and alleys served by solid waste collection vehicles as a percentage of the total area of the residential streets and alleys.

Table 12 – Residential Street Impact Area by Solid Waste Collection Column
Solid Waste Collection Residential Street
Impact Area Amount
A Linear Miles Served by Solid Waste Collection 315.88
B Linear Feet (A x 5,280) 1,667,846
C Center Line Feet (two lanes, B / 2) 833,923
D Width (ft.) 37.77
E
Solid Waste Collection Route Residential
Street Impact Area (SF) (C x D) 31,497,279
F Total Residential Street Area (SF) 49,347,106
G
Solid Waste Route Portion of Total Residential
Street Collection Area (E / F) 63.83%

Table 13 – Alley Impact by Solid Waste Collection
Column Solid Waste Collection Alley Impact Area Amount
A Linear Miles Served by Solid Waste Collection 29.52
B Linear Feet (A x 5280) 155,866
C Center Line Feet (one lane, B = C) 155,866
D Width (ft.) 18.87
E
Solid Waste Collection Route Alley Impact Area
(SF) (C x D) 2,941,184
F Total Alley Area (SF) 7,383,148
G
Solid Waste Route Portion of Total Alley
Collection Area (E / F) 39.84%

ESALs Utilized by Solid Waste Collection
Solid waste vehicles cause a substantial amount of wear to residential streets. Streets are designed to withstand a total number of equivalent single axle loads over their twenty-year lives. The ESAL rating for an automobile is about .001 while the ESAL rating for the City’s solid waste collection vehicles are more than 1,000 times greater. To derive the portions of the total annual residential street and alley ESALs used by solid waste vehicles, streets and alleys are considered separately. To calculate the total ESALs that the City’s residential streets can bear annually, the lifetime ESALs of the street pavement (determined by the TI of the pavement) is divided by its useful life, yielding ESALs per year. According to the City’s pavement engineers, the average TI of the City’s residential streets is 6. A street with a TI of 6 is designed to support 33,136 ESALs over a 20-year period.

The next step is to determine the annual ESALs attributable to the solid waste collection vehicles by multiplying the vehicle ESAL by the number of passes it makes on a street per week and then again by the number of weeks in a year (52). As mentioned previously, side -loader trucks serve the City’s residential customers. The calculation of the portion of the annual residential street and alley ESAL used by solid 337

BARTLE WELLS ASSOCIATES 17
City of Oxnard – Infrastructure Use Fee Study
waste vehicles is shown in the following tables. The city’s side -loader trucks have a calculated average ESAL of 1.264.

The calculation in Table 14 estimates that solid waste vehicles use 23.72% of the annual ESAL of the residential streets on which they travel.

Table 14 – Solid Waste Vehicles' Portion of Annual Residential Street ESAL Solid Waste Vehicles' Portion of
Annual Residential Street ESAL Amount
Residential Street TI 6
Residential Street Lifetime ESALs 33,136
Residential Street Useful Life (Years) 20
Residential Street ESALs Per Year 1,656.8

Side-Loader ESALs 1.26
Weekly Side-Loader Passes 6.00
Annual Side-Loader ESALs 392.92

Solid Waste Vehicles' Portion of
Annual Residential ESAL 23.72%

The City’s alleys are currently largely paved with asphalt and buil t to a design TI of 5. However, the alley pavement is in the process of being replaced by concrete which has a TI of 6. Concrete has a longer design life than asphalt and the design TI of 6 for concrete is based on a life of 35 years. The following table calculates the weighted average annual ESAL for the City’s alleys.

Table 15 – Weighted Average, Annual Alley ESAL
Solid Waste Vehicles' Portion
of Annual Alley ESAL
Percent of
Alley Area TI ESALs
Useful
Life
ESALs per
Year
Asphalt Alleys 92.93% 5 7,160 20 358.0
Concrete Alleys 7.07% 6 45,000 35 1,285.7
Weighted Average 423.6

As calculated above for the City’s streets, the annual ESAL borne by the City’s alleys that is attributable to the side-loading trucks is calculated by multiplying the vehicle ESAL by the number of passes it makes on an alley per week and then again by the number of weeks in a year (52). The calculation estimates that side-loading solid waste vehicles use 92.77% of the annual ESAL of the alleys on which they travel.

4 The average ESAL calculation for each vehicle type is included in the appendix. 338

BARTLE WELLS ASSOCIATES 18
City of Oxnard – Infrastructure Use Fee Study
Table 16 – Solid Waste Vehicles' Portion of Annual Alley ESAL Solid Waste Vehicles' Portion of
Annual Alley ESAL Amount
Alley ESALs Per Year 423.6

Side-Loader ESAL 1.26
Weekly Side-Loader Passes 6.00
Annual Side-Loader ESALs 392.92

Solid Waste Vehicles' Portion of
Annual Alley ESAL 92.77%

Derivation of Annual Solid Waste Infrastructure Use Fee The following Solid Waste IUF reflects the solid waste portion of residential street and alley degradation applied to the average annual planned capital spending and the annual street repair operatin g budget.

This is the same methodology a utility would use to determine rates for the next five years. The Solid Waste IUF is derived by 1) identifying the projected average annual spending on residential streets and alleys, 2) multiplying the projected av erage annual spending amount by the percent of the roadways impacted by solid waste as calculated above in Table 12 and Table 13, and 3) multiplying this product by the solid waste portion of the annual ESAL as calculated in Table 14, Table 15, and Table 16.

Table 17 – Solid Waste Annual Residential Street IUF Derivation Column
Solid Waste Share of Annual Residential Street
Capital Costs Amount
A 10 Year Residential Street CIP * $95,810,147
B Average Annual Residential Street CIP (A / 10) $9,581,015 C Annual Maintenance Spending ** $1,828,140
D Total Annual Cost (B + C) $11,409,154
E
Solid Waste Route Portion of Total Residential Street
Collection Area 63.83%
F
Average Annual Residential Street Cost for Solid Waste
Routes (D x E) $7,282,463
G
Solid Waste Vehicles' Portion of Annual Residential
ESAL Load 23.72%
H Solid Waste Portion of Annual CIP Costs (F x G) $1,727,400 * Projected residential street capital spending (Pavement Engineering Inc., 2021) ** Projected annual street maintenance spending excludes all costs that are not a sphalt, street striping and pavement repairs costs. The projected amount is also based on the 2023 budget which reflects a full year of the addition of a new street maintenance crew added in 2022. Projected annual street maintenance spending also adjusted to reflect residential street portion of total street and alley area.

339

BARTLE WELLS ASSOCIATES 19
City of Oxnard – Infrastructure Use Fee Study
Table 18 – Solid Waste Annual Alley IUF Derivation
Column Solid Waste Share of Annual Alley Capital Costs Amount A 10 Year Alley CIP* $5,951,796
B Average Annual Alley CIP (A / 10) $595,180
C Annual Maintenance Spending** $273,520
D Total Annual Cost (B + C) $868,700
E Solid Waste Route Portion of Total Alley Collection Area 39.84% F Average Annual Alley Cost for Solid Waste Routes (D x E) $346,090 G Solid Waste Vehicles' Portion of Annual Alley ESAL Load 92.77% H Solid Waste Portion of Annual CIP Costs (F x G) $321,068 * Projected alley capital spending (Pavement Engineering Inc., 2021) ** Projected annual street maintenance spending excludes all costs that are not a sphalt, concrete, street striping and pavement repairs costs. The projected amount is also based on the 2023 budget which reflects a full year of the addition of a new street maintenance crew added in 2022. Projected annual street maintenance spending is also adjusted to reflect alley portion of total street and alley area.

Table 19 – Total Solid Waste Annual IUF Derivation
Annual Solid Waste IUF Amount
Solid Waste Portion of Annual Residential
Street Spending $1,727,400
Solid Waste Portion of Annual Alley Spending $321,068
Annual Solid Waste IUF $2,048,468

340

BARTLE WELLS ASSOCIATES 20
City of Oxnard – Infrastructure Use Fee Study
Retroactive Application of Annual Solid Waste Collection Infrastructure Use Fee Methodology
The City is currently required to refund the entirety of the IUF paid by the solid waste enterprise from 2014 through 2021. The following table applies the methodology described in this section to the actual capital and operating costs paid by the City for street and alley repair and replacement from 2014 through 2021. The residential street and alley impacts are adjusted to reflect their portion of the overall roadway area in the City. The portion of total area is shown in Appendix A.

Table 20 – Retroactive Application of Annual Solid Waste Collection IUF Methodology Retroactive IUF Application

Impact Percentage
Solid Waste
Res. Streets Solid Waste Alleys

Total City Pavement Area
(SF)5 95,367,462 95,367,462
Impacted Area (SF) 31,497,279 2,941,184

Portion of Total Area
Impacted (SF) 33.03% 3.08%

Solid Waste Impact 23.72% 92.77%
Impact from Solid Waste on Total
Paved Area

7.83% 2.86%

Fiscal
Year
Actual Maintenance and
Capital Expenditures Solid Waste
Res. Streets
Solid Waste Other
(Alley) Solid Waste Total
2014 $2,834,169 $222,031 $81,088 $303,119
2015 $6,552,205 $513,304 $187,464 $700,768
2016 $12,470,126 $976,918 $356,780 $1,333,698
2017 $5,597,925 $438,545 $160,161 $598,706
2018 $16,490,042 $1,291,842 $471,793 $1,763,634
2019 $14,626,086 $1,145,818 $418,464 $1,564,281
2020 $9,136,324 $715,746 $261,397 $977,143
2021 $18,393,589 $1,440,967 $526,255 $1,967,221
Total

$6,745,172 $2,463,400 $9,208,572

5 Includes all arterials, collectors, residential streets, and alleys. 341

BARTLE WELLS ASSOCIATES 21
City of Oxnard – Infrastructure Use Fee Study

4. Summary and Recommendations
The results from the analysis performed in this study demonstrate that the activities of the City’s water, wastewater, and solid waste enterprises cause annual degradation to the City’s roadways. The analysis in this study conservatively estimated the magnitude of annual roadway degradation by focusing only on directly quantifiable roadway degradation from solid waste collection vehicle loads and visible utility trench patching. The project team believes the cost of the actual annual damage attributable to the City’s water, wastewater, and solid waste enterprises is greater that the amounts represented in Tables 21 and

22. Nonetheless, Table 2 1 below provides a summary of the projected annual cost of the impact to the roadways grouped by water, wastewater, and solid waste enterprise funds for FY 2023/24. Table 2 2 applies the same methodology to actual costs from 2014 through 2021.

Table 21 – Summary of Annual IUF by Enterprise
Annual IUF Amount
Water $55,859
Sewer $35,713
Solid Waste $2,048,468
Total IUF $2,140,040

Table 22 – Summary of Retroactive Application of IUF From 2014 through 2021 Enterprise Fund Amount
Water $210,085
Sewer $134,317
Solid Waste $9,208,572
Total Annual Improvement Costs $9,552,974

Recommendations
● Annual transfer should be no more than the amounts identified in Table 22 above. These amounts should be increased annually by a cost index such as the Engineering News Record Construction Cost Index, as the underlying CIP costs are in today’s dollars and will ther efore also increase due to inflation.

● Review transfer amount periodically as street conditions and projected maintenance costs change. The project team recommends a period of around five years, although factors specific to the City over the next few years may of course make a shorter or longer period more appropriate.

342

BARTLE WELLS ASSOCIATES 22
City of Oxnard – Infrastructure Use Fee Study
Appendix A
Solid Waste Collection Routes

343

BARTLE WELLS ASSOCIATES 23
City of Oxnard – Infrastructure Use Fee Study
Solid Waste Collection Vehicle Weight - Side-Loader

344

BARTLE WELLS ASSOCIATES 24
City of Oxnard – Infrastructure Use Fee Study
City of Oxnard Street Area by Functional Class

Functional Class Surface
Type
Lane Miles Pavement Area/
Square Feet
Arterial AC 133.8 12,243,465
AC/AC 71.0 6,666,656
PCC 1.8 138,050
Collector AC 31.3 3,404,902
AC/AC 12.5 1,177,261
Major Collector AC 42.1 4,264,961
AC/AC 24.5 2,573,937
Minor Arterial AC 47.1 4,173,926
AC/AC 44.6 3,917,730
PCC 0.7 76,320
Other AC 117.0 6,614,992
AC/AC 5.3 284,075
PCC 9.3 484,081
Residential/Local AC 424.3 41,984,477
AC/AC 66.8 6,880,665
PCC 4.3 481,964
Grand Total: 1,036.4 95,367,462

Residential SF 49,347,106
Residential % 51.74%

Other 7,383,148
Other % 7.74%

345

BARTLE WELLS ASSOCIATES 25
City of Oxnard – Infrastructure Use Fee Study
Solid Waste Vehicle Weight and ESAL Calculation
The City uses side-loader trucks for residential collection on streets and alleys. The tare weight of a collection truck is the weight while it has no waste load. The average load weight is the weight of the load (loaded truck weight – tare weight) when a truck returns to drop off a full load. This was based on a survey of a load for a two-week period. The average load weight is half of the final load. This reflects the average weight from the beginning to the end of collecting a load. The tare weight plus average load weight of a solid waste truck is the projected average load plus the tare weight of the truck. The ESAL of a solid waste truck is calculated by applying the average weight per axl e to the ESAL formula and then taking the sum of the calculated ESAL of each axle. Tandem axles spread the weight of a load over two axles.

Calculation of Solid Waste Collection Truck Equivalent Single Axle Loads (ESALs) Side Loader Solid Waste
Truck Characteristics
Tare
Weight Final Load Weight
Average Load
Weight
Tare Weight +
Average Load
Weight Average ESALs1,2

LBS LBS LBS LBS ESALs
Front Axle 17,684 17.5 9 17,693 0.93
Rear Axle (Tandem3) 16,011 14,832.0 7,416 23,427 0.33
Total 33,695 14,850 7,425 41,120 1.26
1Equivelant Single Axle Loads (ESALs)
2ESALs = ((axle load)/18,000)^4.2
3Tandem Axle ESAL Formula = ((tandem axle load/2)/18,000)^4.2 x 2

346
17050 Bushard Street, Suite 200,
Fountain Valley, CA 92708
(714) 848-8897

MEMORANDUM
Date: 01/08/2024 Project Number: 1360.55.2301
To: Juanita C. Guzman - Administrative Services Manager, City of Oxnard From: Debaroti Ghosh, PhD and Margot Yapp, PE
Subject: Peer Review of City of Oxnard’s Pavement Impact Cost Study Background
The purpose of this project was to carry out a peer review of a study performed by Bartle Wells Associates (Study) (“Annual Enterprise Pavement Impact Cost Reimbursement Study” dated May 5, 2023, which is attached as Appendix A) on the pavement impact costs caused by water, wastewater and solid waste utilities and included the following:
• An assessment of the submitted information and a determination of whether the proposed methods are consistent with standard engineering practices and/or applicable regulations/codes. • A technical memorandum summarizing NCE’s findings.

It is NCE’s understanding that the Courts invalidated the entire Infrastructure Use Fee (IUF) due to the absence of supporting methodology demonstrating the quantified wear and tear on City streets and its correlation to the fee charged against the enterprise funds. The Study was in response to the Court’s ruling. NCE’s directive was to identify any technical issues or concerns associated with the fees proposed in the Study.

Peer Review
The objectives of the Study were to first analyze and quantify the annual damage to the City’s streets caused by the water, wastewater, and solid waste enterprises and, second, to determine how much these enterprises should compensate the City for the cost of the damages through a transfer to the General Fund. The study has two parts:
• Impact of Water and Wastewater Utility Cuts on Pavements • Impact of Solid Waste Enterprise on Pavements
As part of the peer review process, NCE reviewed the Study (Appendix A) and subsequently formulated a questionnaire addressing various technical aspects and topics in need of clarification. Upon receiving the City's responses (included in Appendix B), NCE finalized this technical memorandum. 347
P a g e | 2
Impact of Water and Wastewater Utility Cuts on Pavements The analysis was based on a field evaluation of 705 sections. Out of 705 sections, only 21 sections had utility cuts which represented approximately 4% (by area) of the total sections. The PCI of the sections with cuts varied between 0 and 70 and had an area-weighted average PCI of 47.7. Furthermore, an evaluation was performed on the same 21 sections after excluding the cuts, and the PCI reduction was determined based on condition categories (Table 5 from the report in Appendix A).

Since the average PCI of 21 sections with cuts was observed to be 47.7, (“Poor” condition category), only the PCI reduction from this condition category was used to calculate the overall impact and Infrastructure Use Fee (Tables 7 and 8 from Appendix A).

Technical Concerns

1. The City has an average network PCI of 60, and this includes pavements in all condition categories (ranging from 0 to 100). However, the study assessed only 21 sections with cuts with a PCI ranging from 13 to 66. No sections with cuts from the “Good” condition category were assessed. However, new streets or streets with high PCI (Good Condition) typically will undergo more damage due to utility cuts compared to the streets in poorer condition categories. The analysis should include a sample set that is more representative of the city’s network.

2. The study examined a total of 705 sections of which 21 sections had cuts. The sample size of 705 sections included only the collectors and residential streets located in the Rotation B area, which is part of the City’s normal rotation for its Pavement Management Program field review. The Study did not indicate if the Rotation B area is representative of the City’s network.

3. The selected 21 sections represented approximately 3.96% of the total area. No statistical analysis was conducted to check if the impact of the cuts on the pavement was significant or not. Because of the small sample size, this is a critical step before developing any impact fees.

4. In the Study, only sections in the “Poor” condition category were used to calculate their impact on pavements and attendant fees. However, the impacts of cuts are different on streets with different condition categories. Notably, the impact tends to be more pronounced on new streets or those with high PCIs as compared to older streets or those with lower PCIs. The Study’s approach will tend to underestimate the impact fees as a consequence.

It is NCE’s understanding that this was the direction provided by the City to Bartle Wells, but it is NCE’s recommendation that pavements in all condition categories should have been considered to estimate the overall impacts more accurately.

5. The size of the cut is a pivotal consideration when evaluating impacts. A full-block longitudinal trench cut is expected to have more substantial influence on the pavement compared to a smaller cuts, such as a 4- foot by 4-foot cut. The study did not take into account the impacts caused by cuts of different sizes.

6. Residential streets are usually constructed with thinner pavement sections compared to arterials/collectors due to different traffic volumes and loads. Consequently, the impact of cuts is expected to be higher on residentials compared to arterials/collectors. The study did not consider the impact of cuts on different functional classes.

7. A decrease in the PCI leads directly to a reduction in the pavement's service life, which is the major concern in assessing pavement performance. However, the study did not assess the impact on pavement service life; it solely concentrated on PCI reduction. To enhance the study's technical rigor and support fee development, it would be advantageous to include data showcasing the reduction in pavement service life resulting from cuts.
348
P a g e | 3
Recommendations
To fully understand the impact of utility cuts on pavements, NCE recommends investigating both the structural and functional deterioration of pavements due to utility cuts. The impact of the cuts can be evaluated using two approaches: a historical evaluation using the PMS database and a field evaluation testing actual sites. This will result in a more robust and defensible analysis.
• Historical evaluation includes analysis of functional damage on the pavement due to cuts using past pavement distress inspection data and rehabilitation history from the StreetSaver database. This analysis involves comparing the PCI of pavement sections with and without cuts, categorized by various functional classes, PCI groups, or age groups. Subsequently, the percentage reduction in the remaining service life of the pavement is computed based on the PCI, using deterioration curves to estimate the influence of cuts on the pavement's overall service life. A tiered fee schedule can then be developed that will more accurately assess the impacts.
• Field evaluation includes the analysis of both functional and structural damage on pavement caused by cuts based on the existing site with cuts for varying functional classes and PCI-groups or age-groups.

Deflection testing using a falling weight deflectometer would assess loss of structural capacity due to cuts at the sites. A PCI survey would assess the functional damage of the testing sites.

While the historical evaluation includes analysis of hundreds of data points, the field evaluation includes analysis of approximately 24-30 data points based on present existing sites with cuts. Marrying these two evaluation approaches yields a robust fee schedule that accounts for both functional and structural damage based on past and present circumstances.

1. Since the City maintains a StreetSaver database and inspects the network regularly, NCE recommends using this database for historical evaluation. This would include streets across all condition categories.

2. The Study evaluated 21 sites with utility cuts and focused only on functional deterioration. NCE recommends investigation of structural deterioration as well.

3. The study tested 21 actual sites with cuts. Testing paired sections (section with and without cuts) from each of 21 sites with similar traffic level and environmental factors for functional and structural damage will provide a more realistic approach and robust background for fee development.

4. A statistical analysis is recommended to establish confidence in the analysis and development of the fee schedule.

5. NCE recommends a tiered fee approach which would include functional class, pavement condition (PCI- groups or age-groups) and size of the cut.

Impact of Solid Waste Enterprise on Pavements
The impact of solid waste enterprise was analyzed on the residential streets and alleys in the City in terms of Equivalent Single Axle Load (ESALs). The street wear was determined by identifying the percentage of the total area of the City’s residential streets and alleys where solid waste collection vehicles travel, identifying the percentage use of wear and tear upon those streets and alleys from solid waste collection vehicles, and multiplying the two percentages together.

Technical Concerns

1. The study did not analyze the impact on major streets (arterials/collectors) which can be considerable. It is NCE’s understanding that direction provided by the City was to focus only on residentials and alleys; 349
P a g e | 4
nonetheless, it is our recommendation that a fuller picture of the impacts should include major streets as these streets are used to access the residentials/alleys and the dumpsites.

2. According to the 1993 AASHTO Guide for Design of Pavement Structures, the Load Equivalent Factor (LEF) of vehicle axles needed to calculate the number of ESALs depends on structural number and serviceability index. The structural capacity of flexible (asphalt concrete [AC]) pavement structures is represented by a Structural Number (SN), which is a metric that identifies the ability of the pavement to sustain existing or design traffic loads. It includes consideration of the combination of layer types, thicknesses, drainage, and condition, with values typically ranging from 1 to 7. A rating of 7 represents the stiffest or strongest combination or the highest structural capacity. Serviceability is another way of representing pavement condition in terms of ride quality and associated distress conditions and is quantified in terms of the Present Serviceability Index (PSI). The PSI varies between 5 (best) and 0 (worst). In practical terms, pavements with a PSI of 4.5 is the maximum, and pavements with a PSI of 1.5 or less are considered relatively unsafe to traverse and in need of reconstruction.

A City’s pavement network is usually comprised of pavements in all condition categories. Consequently, the Equivalent Single Axle Loads (ESALs) capacity of the entire pavement network depends on the current condition category breakdown. The ESAL capacity of pavements in “Good” condition is higher than that for pavements in “Fair” or “Poor” condition. The ESAL capacity is considered zero for the pavements in “Failed” condition.

The impact on pavement is determined by dividing demand in ESALs by capacity in ESALs. When the pavement condition or structure undergoes changes, both capacity (denominator) and the impact of traffic demand (numerator) change, and this transformation is non-linear. Consequently, the impact will not shift linearly, as both the denominator and numerator are contingent on the breakdown of the city's pavement condition category.

If a truck runs on a new pavement, the impact is higher compared to a truck running on an old and distressed pavement. Similarly, if a truck runs on a thicker pavement, the impact is lower compared to the truck running on thinner pavement. If the variables are combined (new or old thick pavement vs new or old thin pavement), the impact of the traffic demand on the pavement is not linear and changes with structure and condition. Consequently, a detailed analysis is recommended which would consider all these factors to be checked for the vehicle impact.

It is NCE’s understanding that the approach of analyzing impacts only on new pavement was based on numerous discussions between City staff and the consultant.

3. If the City’s annual maintenance is insufficient to maintain the pavement condition, the pavement will deteriorate, and the impact of heavy vehicles will change as pavement condition changes. Thus, it is important to analyze the vehicle impact each year over the analysis period to capture the actual impact and develop a realistic fee. This interactive analysis was not performed to assess the pavement deterioration over a 5-year period.

Recommendations

1. Since the City manages a robust PMS database, NCE recommends using the StreetSaver software to perform a budget analysis for the next 5 or 10 years (analysis period to be determined) to obtain PCI projection and condition category breakdown for future years. Following this, the ESALs of heavy vehicles and City’s pavement ESAL capacity should be calculated based on each year’s projected PCI or condition in order to develop a fee that is more reflective of the City’s conditions.

2. Heavy vehicles use arterials/collectors (major streets) to access the residentials and alleys and get to the dump sites. The impact on the major streets can be as significant as on the residential streets. While NCE 350
P a g e | 5
understands that the Study was directed to be conservative (i.e. err on under-recovery of impact fees), NCE recommends that the analysis include the impacts on major streets and consider the development of a separate fee structure specifically for these major streets.

Concluding Remarks
Overall, the analysis process presented in the report represents a valid approach to present the financial damage to the City’s street. However, due to the reasons above, the estimated fee for impacts of water and wastewater utility cuts on pavement was underestimated as it did not include the impact of cuts on pavements in “Good” or “Fair” condition. The impact of solid waste enterprise vehicles on pavements also under-estimated the damage fee as it only considered residential streets and alleys. 351
Annual Enterprise Pavement Impact Cost
Reimbursement Study
Michael L. Wolfe, PE
Director of Public Works
Public Works and Transportation Committee, February 11, 2025 City Council, March 4, 2025
352
RECOMMENDATION - PWTC 2
That the City Council receive and file the Annual Enterprise Pavement Impact Cost Reimbursement Study.
353
RECOMMENDATION - City Council 3
That the City Council receive and file the Pavement Impact Cost Reimbursement Study.
354

BACKGROUND
• Enterprise Funds (Water, Wastewater, Solid Waste)
• Infrastructure Use Fee Transfer
• Transfer $ from Enterprise funds to General Fund
• Enterprise Fund Allocation Study (HF&H report 2014)
• Calculates Enterprise’s share of three areas
• Public Safety (police/fire)
• Governmental facilities
• Right-of-way maintenance (pavement maintenance)
• Lawsuit
• 2014 based IUF transfer violates CA constitution (Article XIII D) • 2021 judgement - cease IUF (forward; back reimbursement) • 2021 reduced water, wastewater, and solid waste rates 4 355
BACKGROUND - Continued
• Judgement
• Without prejudice for future IUF
The Judgement states, “...[the] ruling is without prejudice to the City’s establishment of an IUF transfer methodology which reasonably represents the actual cost to the City’s public safety, governmental agency, and streets and roadways maintenance funds of providing water, waste water and solid waste disposal services to property owners.”
The Judgement further states, “Article XIII D does not prevent City from charging an IUF to cover such indirect costs.”
5 356

DISCUSSION
• City hired a consultant for new IUF report
• Excludes public safety and governmental facilities
• New report focus - street paving
• quantifiable data (e.g. PCI, solid waste routes, truck weights) • includes info from field inspections
• Identifies damage by utilities on street pavement
• Methodologies are summarized in the staff report
• Peer-reviewed
• Conservative, valid approach
6 357

FINANCIAL IMPACT
• There is no fiscal impact to receive/file this report • The new IUF is approximately $2.1M/year
• Water $55,859; Wastewater $35,713; and Solid Waste
$2,048,468
• Water rates (approved May 2023) no IUF component
• Staff will recommend IUF in next rate case analysis
• Solid waste rates (approved April 2024); IUF included Jan 2025
• Wastewater rates actively in review
• Staff will recommend IUF in next rate case analysis
7 358
End of Presentation
359

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. L.2

DATE: March 4, 2025

TO: City Council

FROM: Javier Chagoyen-Lazaro, Chief Financial Officer, (805) 200-5400, [email protected]

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

BACKGROUND

The purpose of this report is to provide a financial update for FY 2024-25. All references to fund balances are based on FY 2023-24 unaudited financial statements. FY 2024-25 projections for revenue and expenditures for major funds are based on five months of actuals and seven months of estimates. Capital Improvement Projects (CIP) projections assume that projects will be executed in FY 2024-25 as budgeted. At the end of the fiscal year, those projects that were not completed will be evaluated to determine if the unspent appropriation is carried over to FY 2025-26. There is one exception to this assumption which pertains to any Environmental Resources (Fund 631) funded capital project which is projected based on actual FY 2024-25 anticipated spending, reflective of a pause in spending on these projects.

Fund balance is a measure of the resources available in a governmental fund, accumulated from prior years. Generally Accepted Accounting Principles (GAAP) establishes categories of fund balance for financial reporting based on the type and source of constraints placed on how the resources can be spent. Unassigned funds are funds that can be used for any purpose. For budgetary purposes, unassigned funds are also known as surplus funds. This report makes reference to the estimated total fund balance, and describes the surplus fund balance for the General Fund only.

Note: Amounts shown throughout this report may not sum up to the exact totals shown in the PowerPoint presentation due to rounding differences.

MID YEAR PROJECTION

General Fund (101)

Revenues: Fiscal Year (FY) 2024-25 General Fund revenues are projected at $237.7 million, up $1.7 million from the 360
revised budget of $236 million. The increase primarily results from the following main factors: a $1.5 million increase in mutual aid reimbursement revenue, $0.4 million increase in cannabis tax, and $0.4 million increase in property and transfer tax. Other general fund revenues are anticipated to end the year a combined $0.5 million higher than originally projected.

The General Fund sales tax revenue projections declined slightly from $113.6 million to $112.5 million, a $1.1 million decrease due to an estimated reduction on disposable income for taxable spending as a result of higher consumer spending on services (non taxable) rather than taxable goods, and overall increased risk factor given federal and state funding uncertainties. Sales and use tax revenue projections were created in consultation with the City’s sales tax consultants, and include the 1% Bradley Burns sales tax and 1.5% Measure E sales and use tax.

Expenditures: FY 2024-25 General Fund expenditures are projected at $289.2 million, $5.5 million dollars above the revised budget of $283.7 million. The increase in estimated expenditures primarily results from $1 million necessary to fund the Sidewalk Repairs Citywide capital project, $0.1 million to fund homeless encampment abatement needs, $0.2 million to fund the illegal dumping abatement program, $1.2 million anticipated increase in Police department overtime due to backfilling of vacant positions, Fire department net increase of $3.8 million resulting from increases of $2.5 million in unbudgeted expenditures related to mutual aid response, $1.7 million from unrealized vacancy related savings, and $0.6 million in increased funding needs for the replacement of personal protective equipment, contracting services, match funds for awarded grants, station maintenance costs, and cost of up-fitting new fire engines. This total increase of $4.8 million is partially offset by $0.9 million in anticipated overtime savings, for a net increase of $3.8 million. Projected savings of $0.8 million in other departments not noted above is primarily a result of additional vacancy savings and reduced spending on professional contracts.

Fund Balance: The City’s mid-year projections for General Fund revenues ($237.7 million) and expenditures ($289.2 million) would result in a projected ending fund balance on June 30, 2025 of $46.9 million, of which $12.2 million is projected to be surplus fund balance. The projected surplus fund balance assumes the full execution in FY 2024-25 of $35.8 million in capital improvement projects.

For additional details, refer to the General Fund table in the attached Power Point presentation (slide 4).

Measure O (Half-Cent Sales Tax - Fund 104)

Revenues: FY 2024-25 Measure O Fund revenues are now projected at $21.1 million, down $0.5 million from the revised budget of $21.6 million. This reduction is due to a $0.9 million projected sales tax decline based primarily on expectations in sales tax trends as projected in consultation with the City’s sales tax consultants, which is partially offset by a $0.3 million increase in projected interest revenue.

Expenditures: FY 2024-25 Measure O Fund expenditures are projected at $37 million, in line with the revised budget.

Fund Balance: Updated projections for Measure O Fund revenues ($21.1 million) and expenditures ($37 million) would result in a projected ending fund balance on June 30, 2025 of $13.7 million. The projected ending fund balance assumes the full execution in FY 2024-25 of $27 million in capital improvement projects.

For additional detail, refer to the Measure O Fund table in the attached PowerPoint presentation (slide 5).

Water Funds (601 & Related)

Revenues: FY 2024-25 Water Fund revenues are now projected at $71.0 million, up $0.1 million from the revised budget of $70.9 million. Water consumption is down, but is offset by new adopted rates, resulting in no anticipated material revenue variance.

Expenditures: FY 2024-25 Water Funds expenditures are projected at $112.9 million, which is in line with the revised budget. The revised expenditure budget includes $31.3 million in project carryovers and budget amendments approved by City Council.

Fund Balance: The FY 2024-25 projections explained above for Water Fund revenues ($71.0 million) and expenditures 361
($112.9 million) would result in a projected ending fund balance on June 30, 2025 of $108.1 million. The projected ending fund balance assumes the full execution in FY 2024-25 of $41.1 million of capital improvement projects in the Water Fund.

For additional detail, refer to the Water Funds table in the attached PowerPoint presentation (slide 6).

Wastewater Funds (611 & Related)

Revenues: FY 2024-25 Wastewater Fund revenues are now projected at $73.7 million, $57.1 million lower than the revised budget of $130.8 million. $53.2 million of this variance is related to timing of Debt proceeds for large capital projects related to the State Revolving Fund (SRF) loan. These proceeds are anticipated to be received over multiple fiscal years, with $30 million anticipated in FY 2024-25. Fees and charges for services are projected less than budget by $4.7 million at $40.4 million, due to a continuing decrease in water consumption across residential and commercial customer categories over the past few years.

Expenditures: FY 2024-25 Wastewater Fund expenditures are now projected at $164.8 million, lower by $3.1 million from the revised budget total of $167.9 million. Operating savings are driven by salary and benefits of $1 million due to vacancies, and by professional services projected $2 million lower than budget due to lower than anticipated spending on consulting, services and other activities including digester inspections and cleaning, biosolids, co-thickening and interstage pump reallocation studies.

Fund Balance: The FY 2024-25 projections explained above for Wastewater Fund revenues ($73.7 million) and expenditures ($164.8 million) would result in projected ending fund balance at June 30, 2025 of $128.2 million. The projected ending fund balance assumes the full execution in FY 2024-25 of $125.5 million in capital improvement projects.

For additional detail, refer to the Wastewater Funds table in the attached PowerPoint presentation (slide 7).

Environmental Resources Funds (631 & Related)

Revenues: FY 2024-25 Environmental Resources Fund revenues are projected at $62.2 million, up $3.1 million from the revised budget of $59.2 million. This $3.1 million projected increase reflects estimated Fees for services inclusive of adopted FY 2024-25 rates effective July 1, 2024.

Expenditures: FY 2024-25 Environmental Resources Fund expenditures are projected at $64.2 million, down $3.9 million from the revised budget total of $68.1 million. This reduction is due to anticipated reduced spending in capital projects of $4.4 million and a $0.5 million savings in salaries and benefits due to vacant positions. The total reduction is partially offset by a $1 million dollar increase in Infrastructure Use Fee (IUF).

Fund Balance: The FY 2024-25 projections explained above for Environmental Resources Fund revenues ($62.2 million) and expenditures ($64.2 million) would result in a projected ending fund balance on June 30, 2025 of $9.8 million. The projected ending fund balance assumes partial execution in FY 2024-25 of $0.8 million of capital projects (of the $5.3 million of total capital project appropriations) in the Environmental Resources Fund.

For additional detail, refer to the Environmental Resources Funds table in the attached PowerPoint presentation (slide 8).

Golf Course Fund (651)

Revenues: FY 2024-25 Golf Fund revenues are projected at $7 million, an increase of $0.05 million compared to the revised budget of $6.9 million due to increased projected interest revenue.

Expenditures: FY 2024-25 Golf Fund expenditures are projected at $9 million, in line with the revised budget.

On December 17, 2024, City Council approved the recognition of additional golf course revenues of $353,550 and appropriation of additional expenses of $662,890. This amendment to the Golf Course Fund revenue and expenditures has already been included in the revised budgets referred to above. 362

Fund Balance: The FY 2024-25 projections for the Golf Fund include revenues of $7 million and expenditures of $9 million that would result in a projected ending fund balance on June 30, 2025 of $47.4 million. The projected ending fund balance assumes the full execution in FY 2024-25 of $1.9 million in capital improvement projects in the Golf Fund.

For additional detail, refer to the Golf Funds table in the attached PowerPoint presentation (slide 9).

RECOMMENDED MID-YEAR BUDGET AMENDMENTS

General Fund (101)
Recommend $1,692,362 increase in revenues and $5,459,247 increase in expenditure appropriation, for a net use of surplus fund balance in the amount of $3,766,885. Refer to the General Fund (101) Mid-Year Projection revenues and expenditures discussion and to Attachment 2 FY2024-25 General Fund (101) Summary of Changes for the details.

Street Maintenance Infrastructure Use Fee (105)
Recommend $1,024,234 increase in revenue to reflect the Infrastructure Use Fee (IUF) to be collected from the Environmental Resources Fund (631); refer to the detailed explanation provided that follows in Fund 631.

Special Districts Fund (120) / Subfunds (6090 & 4020)
Recommend $30,000 increase in revenue and $34,635 increase in expenditure appropriation, of which $4,635 is from available fund balance.

$30,000 in revenue and expenditure appropriation is requested to record a transfer of developer deposits (Fund 541) to CFD-9 (Subfund 6090) to cover formation costs incurred by the consulting firm NBS and attorney fees from Norton Rose Fulbright LLP.

$4,635 in expenditure appropriation from available fund balance is requested to increase the WAD Zone 2 (Subfund 4020) professional services account for the purpose of performing community requested maintenance items with unspent donation funds remaining from Fiscal Year 2023-24 budget allocation of $15,446 per agreement A-8531 approved by City Council on October 3, 2023.

Transportation Development Act (TDA) Fund (212) / Subfund (9040) Recommend $120,000 in expenditure appropriation from the available fund balance.

The maintenance of the John C. Zaragoza Transit Oxnard Center is funded by the Transportation Development Act (TDA) Article 4 funds, administered and distributed annually by the Ventura County Transportation Commission (VCTC). This fiscal year, there are a couple of one-time projects underway at the OTC for ADA improvements and minor upgrades to the City’s Electric Vehicle (EV) charging stations. To fully fund these projects, an appropriation of $120,000 is needed.

Capital Outlay Fund (301)
Recommend a total $1,157,551 in transfer in capital revenue and the corresponding capital appropriation. $1,000,000 is reflective of the Citywide Sidewalk Improvement Project (C2561) funded from the General Fund (101). $157,551 is related to an existing Measure O (Fund 104) funded project, PACC Tier 2 Seismic Evaluation (existing in M2307, but transferring to C2553, no change to project description) as part of the CIP consolidation and requires the corresponding capital transfer in and expenditure appropriation.

Developer & Other Deposits Fund (541)
Recommend a $30,000 increase in expenditure appropriation from the available fund balance. The expenditure appropriation is requested to record a transfer of developer deposits to CFD-9 (Fund 120 / Subfund 6090) to cover formation costs incurred by the consulting firm NBS and attorney fees from Norton Rose Fulbright LLP.

Environmental Resources Operating Fund (631)
Recommend $1,024,234 in expenditure appropriation. This amount reflects the reinstatement of the newly calculated Infrastructure Use Fee (IUF) for the current fiscal year. The IUF was included as part of the FY 2024-25 cost of service (COS) study completed in 2023 and used as the basis for implementing new adopted rates, but was not included as part of 363
the FY 2024-25 Adopted Budget due to pending litigation at the time. An updated IUF study has been completed, which updated the methodology used to calculate the IUF.

Public Liability & Property Insurance Fund (701)
Recommend $1,600,000 in expenditure appropriation from the available fund balance. Liability claims expense (which includes attorney’s fees, costs, and settlement payments) has averaged around $2.5 million annually. However, in Fiscal Year 2023-24, the adopted budget for liability claims expenses was increased from $2.5 million to $4.3 million due to a large number of claims being settled in that fiscal year.

In Fiscal Year 2024-25, the adopted budget for liability claims expense was $2.9 million. However, due again to a higher than normal number of large claims being settled during the fiscal year, as of December 2, 2024, approximately $2.3 million has been spent fiscal year to date, with a remaining balance of approximately $0.6 million. It is now expected that total claims expenses will be closer to $4.5 million in Fiscal Year 2024-25. This variance is more a function of timing and when the claims are settled/paid out. Further, all of these large claims were fully expected and reserved in the liability reserve account. Therefore, staff is requesting an additional appropriation of $1.6 million to the Public Liability and Property Insurance fund in Fiscal Year 2024-25.

Facilities Maintenance Fund (735)
Recommend $178,657 expenditure appropriations from available fund balance. The Public Works Department requests appropriating $178,657 from available fund balance to ensure the division is able to maintain services and resources that are crucial to sustain and further improve operations. Utility increases in electricity, water and wastewater are projected to be higher than budget as a result of inflation.

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 financial impact of each recommended action is spelled out in the "Discussion” section that describes that action.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Tanya Williams, Budget Manager

ATTACHMENTS

1. FY 2024-25 Budget Mid-Year Review Presentation

2. FY 2024-25 General Fund (101) Summary of Changes

364
FY2024-25 MID-YEAR BUDGET REVIEW
City Council
March 4, 2025
Tanya Williams, Budget Manager
365
The City Council:

A. Receive an update on the latest FY 2024-25 revenue and expenditure projections for major funds; and
B. Approve budget amendments in the General Fund, Street Maintenance Infrastructure Use Fee Fund, Special
Districts Fund, Transportation Development Act Fund,
Capital Outlay Fund, Developer & Other Deposits Fund,
Environmental Resources Operating Fund, Public Liability & Property Insurance Fund, and the Facilities Maintenance Fund.

RECOMMENDATIONS 2
366
FUND BALANCE SUMMARY (IN MILLIONS) 3
367
GENERAL FUND 101 (IN MILLIONS) 4
Revenues $ millions
FY24-25
Revised
Budget
FY24-25
Year-End
Estimate $ Change % Change
Property Tax & Transfer Tax 72.8 73.2 +0.4 0.6%
Sales Tax - Measure E 57.9 56.8 (1.1) -1.9%
Sales Tax 55.7 55.7 +0.0 0.0%
Business License Tax 7.0 7.0 +0.0 0.0%
Transient Occupancy Tax 5.8 5.7 (0.1) -1.3%
Franchise Tax 4.8 4.8 +0.0 0.0%
Cannabis Tax 1.1 1.5 +0.4 36.4%
Other Non-Tax Revenues 30.9 33.0 +2.0 6.6%
Total 236.0 237.7 +1.7 0.7%
Expenditures
Police 85.9 87.0 +1.2 1.4%
Fire 37.5 41.3 +3.8 10.2%
Cultural and Community Svs 19.7 19.7 +0.0 0.0%
Public Works 57.9 59.1 +1.2 2.0%
Administrative Departments 45.2 44.7 (0.5) (1.1%)
Non-Departmental 37.6 37.4 (0.2) (0.6%)
Total 283.7 289.2 +5.5 1.9%
Net Annual Surplus / (Deficit) (47.8) (51.6) (3.8)
368
MEASURE O FUND 104 (IN MILLIONS) 5
Revenues $ millions
FY24-25
Revised
Budget
FY24-25
Year-End
Estimate $ Change % Change
Half Cent Sales Tax Revenue 19.3 18.4 (0.9) -4.6%
Gen Fund Loan Receipts 1.9 1.9 +0.0 0.0%
Interest Income 0.5 0.8 +0.3 73.0%
Total 21.6 21.1 (0.5) -2.5%
Expenditures
Other Community Improvements 5.0 5.0 +0.0 0.0%
Parks & Open Spaces 6.0 6.0 +0.0 0.0%
Public Safety & Gang Prevention 3.5 3.5 +0.0 0.0%
Traffic & Road Improvements 22.5 22.5 +0.0 0.0%
Total 37.0 37.0 +0.0 0.0%
Net Annual Surplus / (Deficit) (15.4) (15.9) (0.5)
369
WATER FUNDS (IN MILLIONS) 6
Totals shown exclude the budgeted revenue and appropriations necessary to transfer CIP funds from the Water Operating Fund (601) to the Water Capital Improvement Fund (602) for capital projects.

Revenues $ millions
FY24-25
Revised
Budget
FY24-25
Year-End
Estimate $ Change % Change
Fees and Charges 65.9 65.9 +0.0 0.0%
Fines and Misc 0.7 0.7 +0.0 0.0%
Interest 1.9 2.0 +0.1 5.3%
Proceeds (BAB) 2.1 2.1 +0.0 0.0%
Other Revenue 0.3 0.3 +0.0 0.0%
Total (excluding CIP Transfers) 70.9 71.0 0.1 0.1%
Expenditures
Salaries&Benefits 11.9 11.8 (0.0) -0.2%
Supplies 3.3 3.3 (0.0) -0.4%
Services 6.1 6.1 +0.0 0.6%
Utilities 2.2 2.2 +0.0 0.0%
Water Purchases 27.0 26.7 (0.3) -1.0%
Maintenance 0.2 0.2 +0.0 0.0%
Financing 15.1 15.1 +0.0 0.0%
Capital Expenditures 41.3 41.6 +0.3 0.7%
Transfers Out 5.8 5.8 +0.0 0.0%
Total (excluding CIP Transfers) 112.9 112.9 0.0 0.0%
Net Annual Surplus / (Deficit) (42.1) (42.0) 0.1
370
WASTEWATER FUNDS (IN MILLIONS) 7
Totals shown exclude the budgeted revenue and appropriations necessary to transfer CIP funds from the Wastewater Operating Fund (611) to the Wastewater Capital Improvement Fund (612) for capital projects.

Revenues $ millions
FY24-25
Revised
Budget
FY24-25
Year-End
Estimate $ Change % Change
Fees and Charges 45.1 40.4 (4.7) -10.5%
Fines and Misc 0.4 0.4 +0.0 0.0%
Interest 2.0 2.9 +0.8 40.1%
Proceeds of Debt 83.2 30.0 (53.2) -63.9%
Other Revenue 0.0 0.1 +0.1 0.0%
Total (excluding CIP Transfers) 130.8 73.7 (57.1) (43.6%) Expenditures
Salaries&Benefits 13.1 12.1 (1.0) -7.8%
Supplies 3.7 3.8 +0.1 3.3%
Services 5.1 2.9 (2.2) -42.6%
Utilities 3.9 4.1 +0.1 3.5%
Maintenance 0.1 0.1 +0.0 42.8%
Financing 10.3 10.3 (0.0) -0.1%
Capital Expenditures 128.0 127.8 (0.2) -0.2%
Transfers Out 3.7 3.7 +0.0 0.0%
Total (excluding CIP Transfers) 167.9 164.8 (3.2) (1.9%) Net Annual Surplus / (Deficit) (37.1) (91.0) (53.9)
371
ENVIRONMENTAL RESOURCES FUNDS (IN MILLIONS) 8
Revenues $ millions
FY24-25
Revised
Budget
FY24-25
Year-End
Estimate $ Change % Change
Fees and Charges 58.2 61.3 +3.1 5.3%
Fines and Misc 0.3 0.3 +0.0 0.0%
Interest 0.5 0.4 (0.0) -6.7%
Other Revenue 0.2 0.2 +0.0 0.0%
Total (excluding CIP Transfers) 59.2 62.2 3.1 5.2%
Expenditures
Salaries&Benefits 26.1 25.6 (0.5) -2.0%
Supplies 2.0 2.0 +0.0 0.0%
Services 2.5 2.5 +0.0 0.0%
Utilities 15.3 15.3 +0.0 0.0%
Maintenance 0.4 0.4 +0.0 0.0%
Financing 3.4 3.4 +0.0 0.0%
Capital Expenditures* 7.8 3.4 (4.4) -56.7%
Infrastructure Use Fee (IUF) 0.0 1.0 +1.0 0.0%
Transfers Out 10.5 10.5 +0.0 0.0%
Total (excluding CIP Transfers) 68.1 64.2 (3.9) (5.8%)
Net Annual Surplus / (Deficit) (8.9) (2.0) +7.0
Totals shown exclude the budgeted revenue and appropriations necessary to transfer CIP funds from the Solid Waste Operating Fund (631) to the Solid Waste Capital Improvement Fund (632) for capital projects. *Capital Expenditures Year-End estimate reflects actual FY24-25 anticipated spending, which may differ from available budgeted project balances at year-end eligible for carryover to FY25-26 372
GOLF FUNDS (IN MILLIONS) 9
Totals shown exclude the budgeted revenue and appropriations necessary to transfer CIP funds from the Golf Operating Fund (651) to the Golf Capital Improvement Fund (652) for capital projects.

Revenues $ millions
FY24-25
Revised
Budget
FY24-25
Year-End
Estimate $ Change % Change
Fees and Charges 6.5 6.5 +0.0 0.0%
Misc Revenue 0.3 0.3 +0.0 0.0%
Interest Income 0.2 0.2 +0.0 30.4%
Total (excluding CIP Transfers) 6.9 7.0 0.0 0.7%
Expenditures
Salaries&Benefits 0.0 0.0 +0.0 0.0%
Supplies 0.3 0.3 +0.0 0.0%
Services 4.8 4.8 +0.0 0.0%
Utilities 0.7 0.7 +0.0 0.0%
Maintenance 0.0 0.0 +0.0 0.0%
Financing 0.2 0.2 +0.0 0.0%
Insurance 0.1 0.1 +0.0 0.0%
Capital Expenditures 2.6 2.6 +0.0 0.0%
Transfers Out 0.2 0.2 +0.0 0.0%
Total (excluding CIP Transfers) 9.0 9.0 0.0 0.0%
Net Annual Surplus / (Deficit) (2.1) (2.1) 0.0
373
• General Fund
• $1,692,362 increase in revenues and $5,459,247 increase in expenditure appropriations, for a net $3,766,885 use of surplus fund balance
• Street Maintenance Infrastructure Use Fee (IUF)
• $1,024,234 increase in revenue to reflect the IUF to be collected from the Environmental Resources Fund
• Special Districts Fund
• $30,000 increase in revenue and $34,635 increase in expenditure appropriation for a net $4,635 use of available fund balance • Transportation Development Act Fund
• $120,000 increase in expenditure appropriation from available fund balance
• Capital Outlay Fund
• $1,157,551 increase in both revenue and expenditure
appropriations
FY 2024-25 BUDGET AMENDMENTS – RECOMMENDATION 10
374
• Developer & Other Deposits Fund
• $30,000 increase in expenditure appropriation from available fund balance
• Environmental Resources Operating Fund
• $1,024,234 increase in expenditure appropriation to reflect the IUF to be paid to the Street Maintenance Infrastructure Use Fee fund • Public Liability & Property Insurance Fund
• $1,600,000 increase in expenditure appropriation from available fund balance
• Facilities Maintenance Fund
• $178,657 increase in expenditure appropriations from available fund balance
FY 2024-25 BUDGET AMENDMENTS – RECOMMENDATION 11
375
The City Council:

RECOMMENDATIONS 12
376

QUESTIONS
13 377
ATTACHMEMNT 2
Mid-Year FY 2024-25
General Fund recommended changes
In revenue and expenditure
appropriations
Revenues $ Millions $ Change
Property Tax & Transfer Tax – updated VLF & transfer tax estimates +0.4 Sales Tax - Measure E (1.1)
Decrease due to an estimated reduction on disposable income for taxable spending as a result of higher consumer spending on services (not taxable) rather than taxable goods, and overall increased risk factor given federal and state funding uncertainties Cannabis Tax +0.4
Updated cannabis business tax estimate +0.4
Other Non-Tax Revenues +2.0
Increase in mutual aid reimbursement +1.5
Other general fund revenues +0.5
Total Revenue Change +1.7
Expenditures $ Millions $ Change
Police +1.2
Anticipated increase in Police department overtime due to backfilling of vacant positions +1.2 Fire +3.8
Unbudgeted expenditures related to mutual aid response +2.5 Unrealized vacancy related savings +1.7
Increased funding needs for equipment, maintenance, services, and grant matching funds +0.6 Anticipated overtime savings (0.9)
Public Works +1.2
Sidewalk Repairs Citywide capital project +1.0
Illegal dumping abatement program +0.2
Other Departments (0.7)
Housing - Homeless encampment abatement needs for the remainder of FY24-25 +0.1 All Other dept’s - Vacancy savings and reduced spending on professional contracts (0.8) Total Expenditure Change +5.5
Net Recommended Use of Surplus General Fund (101) Fund Balance +3.8 378

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. L.3

DATE: March 4, 2025

TO: City Council

FROM: Steve Naveau, Human Resources Director, (805) 385-7947, [email protected]

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

BACKGROUND

The Oxnard Public Safety Managers' Association ("OPSMA") represents 20 employees in the ranks of Police Commander, Assistant Police Chief, Fire Battalion Chief, and Assistant Fire Chief. The attached Resolution and tentative agreement contain the new terms and conditions of employment for employees represented by the OPSMA and are proposed to be integrated with the terms of the existing MOU. The integrated document shall be the successor MOU for the term of July 1, 2024 through June 30, 2027.

Health Benefits
Like many public agencies, the City contracts with CalPERS for medical insurance. CalPERS negotiates directly with a variety of health insurance plans to obtain the most cost-effective rates for its member agencies. Even with this large negotiating power, health care continues to increase at a steady pace with the average increase for medical insurance being 8% per year.

In 2018, the City took the step to increase the City’s contribution towards medical coverage, with the intent of providing a benefit that could cover a family plan in at least one medical plan option. That continues to be a guiding principle in the negotiations.

In alignment with this principle, the City and the OPSMA have agreed that the City’s contribution towards medical insurance for employees will increase by 5% per year over the three-year term of the contract.

Salary Range Increase
To maintain competitiveness in the labor market, in June 2024, the Council voted to increase the salary range of the Oxnard Peace Officers Association by a total of 18% over three years, which is the subordinate bargaining unit to the Police Commanders and Assistant Police Chiefs. The increase proposed in the OPSMA agreement, which depending on classification ranges from 12.14% to 14.6% over three years, is intended to maintain enough of a salary differential between supervisors and subordinates so that employees will continue to be interested in promoting to higher level positions.
379

One-Time Annual Retention Payment
As has been discussed a number of times, the recruiting market for police officers is extremely difficult. This is not just an issue with the City of Oxnard, but rather a national issue. The City receives about 50% fewer applicants per year than it did prior to the pandemic. Jurisdictions across the state are extending hiring bonuses from as low as $10,000 to as high as $75,000 in an attempt to lure officers from their current employers.

The Council approved the City to offer a hiring bonus of $20,000 in an effort to bring more experienced officers to Oxnard. The proposed retention payments which total $16,000 over three years are intended to entice more experienced officers at these higher levels to remain with the City rather than opting to retire. By extending officer retirements the City gains time to hire, develop, and train officers to step into these more senior roles. This is just one prong in a multi- pronged approach to address shrinking officer candidate pools.

Standby
Currently, when certain Police Commanders end their regular shift, they immediately begin to work standby. This means the Commander must be available to immediately return to work if required. The three assignments: Special Operations, Investigations, and Professional Standards are multiyear assignments and so have an impact on an officers off-duty activities. The $2 per hour is a means for the City to acknowledge the impact this assignment has on both officers and their families. This will cost the City $39,000 annually.

Holiday Hours
The City is bringing this group into alignment with the same holiday schedule as what the majority of employees in the City currently have. In this instance, it is the inclusion of the day after Thanksgiving as a regular holiday.

Annual Leave Redemption
Employees are allowed to sell back some of their annual leave each year. There is no change in the number of hours per fiscal year that an employee may sell hours back. Prior language provided a window period (January and December) for this to occur. The proposed change only affects when the employee may sell back the hours.

Reopener
The City has agreed to reopen the MOU in the event that the International Association of Firefighters (IAFF), who represent the City’s Firefighters, receive increases in their salary ranges in excess of 6% over calendar year 2025 and 2026. This reopener does not bind the City to making any adjustments, but rather provides that the parties will come back to the bargaining table to discuss those increases and potentially agree to some sort of adjustment that would return to Council for review and approval.

Fire Battalion Chief/Assistant Fire Chief Additional Work Hours This is clean up language specific to the rate of pay that Battalion Chiefs and Fire Chiefs may receive when working a mutual aid assignment.

STRATEGIC PRIORITIES

This agenda item supports the Organizational Effectiveness strategy. The purpose of the Organizational Effectiveness strategy is to reinforce, stabilize, improve, and strengthen the organizational foundation of the City in order to build a modern, high-functioning City government that effectively and efficiently supports the operating departments in providing high-quality services and programs for our residents and businesses.

FINANCIAL IMPACT

The total estimated cost of this package for OPSMA for the 3-year period is $869,121. This amounts to approximately

15.09% of total compensation, or an average of 5.03% per year. The entirety of this package is attributable to the General Fund. One-time retention bonuses during the term of the MOU totaling $320,000 do not continue after FY 26-27. As a result, the net ongoing impact of the MOU starting in FY 27-28 is $549,121.

Labor Costing Methodology vs. Budget Methodology
As staff has shown in prior MOU-related agenda reports, the financial impact may be depicted in two ways. One is a year over year cost increase, which is what is used predominantly in the labor relations field. There are jurisdictions within 380
Ventura County that depict their employee costs in this manner. This methodology shows what the increased cost is as compared with the previous year. Using this methodology, the impact in Year 1 will be $282,524, the impact in Year 2 will be an additional $280,690, and the impact in Year 3 will be a further $305,907, for a total impact of $869,121 over the 3-year term, as shown in the chart below.

The other methodology is more common for budget and finance professionals, who compare all the financial costs of that contract to the year before the contract becomes effective (Base Year). This methodology compounds the increased costs over the term of the entire contract. In the case of the resolution presented here, this would be comparing the increase in costs in Year 1 to the budgeted cost of OPSMA in the Base Year, the increase in costs in Year 2 to the budgeted cost of OPSMA in the Base Year, and the increase in costs in Year 3 to the budgeted cost of the group once again in the Base Year. Using this methodology, the budget impact in Year 1 will be $282,524, the impact in Year 2 will be $563,214, and the impact in Year 3 will be $869,121, for a total cumulative 3-year impact of $1,714,859 as shown in the chart below.

COMMITTEE OUTCOME

This item did not originate in Committee.

Prepared by: Steve Naveau, Human Resources Director

ATTACHMENTS

1. OPSMA MOU Resolution.v2

2. Attachment 1 OPSMA TA

3. Presentation

381

CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD APPROVING THE

SUCCESSOR MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF

OXNARD AND THE OXNARD PUBLIC SAFETY MANAGERS ASSOCIATION

AUTHORIZING THE CITY MANAGER OR DESIGNEE TO TAKE THE NECESSARY

ADMINISTRATIVE ACTIONS TO IMPLEMENT THE AGREEMENT
WHEREAS, the Oxnard Public Safety Managers Association is the recognized representative for Police Commanders, Assistant Police Chiefs, Fire Battalion Chiefs, and Assistant Fire Chiefs; and WHEREAS, the City’s memorandum of understanding with the Oxnard Public Safety Managers Association expired June 30, 2024; and
WHEREAS, representatives of the City met and conferred in good faith with representatives of the Oxnard Public Safety Managers Association concerning wages, hours, terms, and conditions of employment for employees in the bargaining unit consistent with their obligations under the Meyers- Milias-Brown Act; and
WHEREAS, the City has reached a tentative agreement with the Oxnard Public Safety Managers attached as Attachment 1 of this Resolution which sets forth the modified terms and conditions of employment for this bargaining unit.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OXNARD RESOLVES that the tentative agreement attached as Attachment 1 is adopted and the City Manager and/or his designee is directed to perform all acts necessary to implement its terms, including but not limited to executing the successor Memorandum of Understanding with the Oxnard Public Safety Managers Association on behalf of the City.

PASSED AND ADOPTED this 18th day of February 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________
Luis McArthur, Mayor
ATTEST:

Lourdes A. Lopez, City Clerk
APPROVED AS TO FORM:

Stephen M. Fischer, City Attorney
382
383
384
385

MEMORANDA OF UNDERSTANDING -

OXNARD PUBLIC SAFETY MANAGERS

ASSOCIATION
Presented to: City Council
Steve Naveau, Human Resources Director
February 18, 2025
386
• Purpose
• To adopt successor Memoranda of Understanding (MOUs) with the Oxnard Public Safety Managers Association.
• This group represents 20 employees
• Employees in this unit consist of Police Commanders, Fire Battalion Chiefs, Assistant Police Chiefs, and Assistant Fire Chiefs
BACKGROUND 2
387
• Health Benefits
• Market Adjustment
• Retention Payments
• Standby Pay
• Holiday Hours
• Annual Leave Redemption
• Fire Battalion Chief Additional Hours (Mutual Aid)
• Reopener Clause
ISSUES ADDRESSED DURING BARGAINING 3
388
• Medical Plan
• Philosophy – The City should contribute money to a medical insurance plan so that coverage is affordable & treat all bargaining groups the same.
• Intent is to provide sufficient dollar to allow employees to cover a family in at least one medical plan option.
• City contribution should keep pace with annual insurance premium increases to maintain affordability.
• Kaiser plan generally increases by 5% per year
ISSUES ADDRESSED DURING BARGAINING 4
389
• Market Adjustment
• Jurisdictions in surrounding area have had significant increases in their pay ranges.
• Other local jurisdictions have consistently outpaced this group in salary.
• This adjustment is to the top of the range which only impacts those employees who are at the rate of pay.
• This is needed to remain competitive in the tight labor market.

ISSUES ADDRESSED DURING BARGAINING 5
390
• Retention Payments
• The City will make three one time payments to employees based on their prior 12 months of service.
• Payments are a flat dollar amount. Payments occur in each calendar year and are $8,000 in 2025, $5,000 in 2026, and $3,000 in 2027.
• Payments are not reportable to CalPERS.
• These payments are intended to maintain our current staffing and keep employees from moving to jurisdictions that are proving hiring incentives.
• Standby Pay
• Commanders assigned to one of three qualified assignments will receive $2 per hour in standby pay while not engaged in their work as a Police Commander.
• The Commanders in these assignments have specialized
knowledge needed by the City in the event of an emergency and are subject to being called back into work at any time.

ISSUES ADDRESSED DURING BARGAINING 6
391
• Holiday Hours
• This provision adds the “Day After Thanksgiving” as a holiday which is the same holiday as most other City employees.
• Annual Leave Redemption
• This new language allows employees to cash out their leave at any point in the calendar year. Current language sets window periods which were intended to assist with workload in Payroll which is no longer needed.
• This is not an increase in the actual benefit.

ISSUES ADDRESSED DURING BARGAINING 7
392
• Fire Battalion Chief Additional Work Hours
The new language seeks to create equity in Battalion Chief rates of pay when they are responding to mutual aid requests. The current language allows a Battalion Chief who works an administrative shift to receive a higher hourly rate of pay than their colleagues. This serves to maintain equity between employees working the administrative shift and suppression shift.
• Reopener
• The City and OPSMA agree to reopen the contract concerning wages should the International Association of Firefighters (IAFF) secure a contract with salary increases totaling more than 3% per year over the two year period.
• This language does not require the parties to reach agreement, but it does require the parties to negotiate over wages if the conditions are met.

ISSUES ADDRESSED DURING BARGAINING 8
393
• Using the labor costing methodology, the total estimated cost of this package for the upcoming 3-year period is
$869,121.
• 15.09% of total compensation / 5.03% per year
• Due to the use of one time retention payments, the net ongoing impact starting in FY 27/28 is $549,121 or 9.53%. • The cost of this contract has been assumed in the budget forecasts and as such no additional appropriations are
needed.

FISCAL IMPACT 9
394
• The Labor Methodology illustrates the cost increase in each year independently as a percentage of base compensation. • The Budget Methodology compounds the increased cost over the term of the entire contract as a percentage of base compensation.

FISCAL IMPACT (CONT) 10
395

QUESTIONS
11 396

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. L.4

DATE: March 4, 2025

TO: City Council

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

SUBJECT: Grant Application to the Outdoor Recreation Legacy Partnership Grant Program for the Durley Park Improvement Project. (10 minutes)

RECOMMENDATION

That the City Council approve and authorize the:

1. Submission of a grant application to the Outdoor Recreation Legacy Partnership Grant Program in an amount not to exceed $6,000,000, with a 1:1 match requirement that is currently funded by a state grant, for the Durley Park Improvement Project (Project C2333);

2. City Manager, or designee, to execute the grant agreements;

3. Finance Director, or designee, to submit financial reports, grant claims, and approve budget appropriations for the use of grant funds; and

4. Public Works Director, or designee, to submit non-financial reports. (This item did not originate in Committee as it is for a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/N1lyFzQdOFk

BACKGROUND

The Outdoor Recreation Legacy Partnership (ORLP) Program is a National Park Service (NPS) grant program. The ORLP grant involves two competitive layers. First, the California Department of Parks and Recreation's Office of Grants and Local Services (OGALS) competitively reviews the applications. Second, OGALS forwards the selected applications to NPS to compete in the nationwide selection.

The purpose of the ORLP program is to provide new or significantly improved recreation opportunities in disadvantaged urban communities. The program currently prioritizes the selection of projects that are nature-based, where nature is a major element of, or strongly supports, the proposed recreational activity. Additionally, the ORLP program requires a 1:1 match.

The Durley Park Improvement Project is being recommended by staff as a use of the ORLP Grant to supplement the current projected funding deficit. The City has recently been awarded an ORLP grant in the amount of $6.7M for the Campus Park project under this same program.

Capital Improvement Program (CIP) Reference:

Project No. C2333 - Durley Park Improvements - CIP 2025-2029 - Adopted June 4, 2024 - Page 75.

397

DISCUSSION

The City received a grant award in the amount of $7.1M for the Durley Park Improvement Project on December 8, 2021, under the Proposition 68 Statewide Park Development and Community Revitalization Program. The project has included hiring a third-party design team and several community outreach meetings that have resulted in an iterative design process for some of the park elements. The project is in the final stages of the design, which is roughly 95% complete.

Unfortunately, since the grant application was submitted in March of 2021, construction costs have escalated at an alarming rate. With this challenge and the extended research and analysis that was needed due to the estimated construction cost increases, the Durley Park project schedule has been impacted. In addition to the community input driving design changes, cost increases required additional design iterations that were necessary in order to reduce construction costs, but also lengthened the design timeline.

The current construction cost estimate for all of the elements that were selected for the scope of work through extensive community outreach is approximately $9.7M. However, there is $5,638,800 remaining within the original grant award, when accounting for the costs for planning and design. Therefore, the project design team used value engineering to reduce the estimated construction costs by moving non-essential project items from the base plan to additional alternates.

These additional alternates are anticipated to be bid with the project and based on the bid results or additional funding sources can be included with the project construction. The ORLP Grant is an opportunity to fully fund this project and deliver the original design concepts of the park improvements without another City funding source.

Staff recommends that the ORLP funding be sought to supplement the anticipated budget deficit for the Durley Park Improvement project. The ORLP program, which is federally funded and involves an initial application to the State, has a long fore-period before a grant agreement is executed on awarded projects. If the City is awarded the grant, the grant agreement would likely not be executed until sometime in 2026, after completing the National Environmental Policy Act (NEPA) and Section 106 (the National Historic Preservation Act).

At present, construction with the Prop 68 grant is anticipated to begin in late calendar year 2025. If the ORLP grant is not awarded, the City will know by September of 2025, and the previous grant’s construction could begin shortly thereafter, subject to dedicating additional funding. If the ORLP grant is awarded, then construction would not be able to start until NEPA and Section 106 requirements are completed in 2026. If the ORLP grant is awarded, then it would possibly delay the construction start date by ten months to a year. The deadline to expend the grant funds that were previously received by the City for the Durley Park Improvement project is December 31, 2027. While applying for and potentially receiving this new grant may extend the project timeline, staff believes this delay is worth the chance at receiving an additional $6M for this project to construct the elements the community has requested.

Estimated Timeline:

1. The grant application is submitted to the State by March 11, 2025.

2. State notifies the City regarding if the application will be considered by May 2025.

3. The full application is submitted to NPS by June 2025.

4. The grant award is announced by NPS by September 2025.

5. Section 106 and NEPA are initiated by the City in September 2025.

6. Section 106 and NEPA are completed by September 2026. This typically takes up to one year for NPS to review, but since the project is plan ready and CEQA complete, this may be completed sooner.

7. The grant agreement is executed by September 2026.

8. Construction is initiated on the Durley Park Expansion and Improvement project by November 2026. The previously awarded construction funding (not to exceed $6M from Project C2333) will be used as the match requirement.

Note that if the grant agreement execution is delayed, there is the option that construction may begin once an award is announced and Section 106/NEPA is complete. A waiver of retroactivity will need to be requested once Section 106/NEPA is complete.

The grant application focuses on adding additional funding to support the Durley Park Improvement project, including the recreation features of the original grant that require additional funding. If this project is funded by the ORLP grant, then the features that would be supported with this additional funding include the skatepark, pump track, exercise equipment, 398
bleachers, a stormwater system, lighting, additional trees, and the NEPA and Section 106 costs. If the ORLP grant is not awarded, staff will continue to research other funding opportunities to fill the gap for construction based on the current construction cost estimate.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

If awarded, the ORLP grant program funds will be recognized and appropriated to the Federal Grant Fund (200) for an amount not to exceed $6M. The 1:1 match of up to $6M will come from previously appropriated State grant funds budgeted for the Durley Park Improvement Project (Project C2333). No additional operating, maintenance, or staffing costs are expected, as the grant would only supplement existing funds and not expand the park area.

Please note that the costs provided in this staff report are estimates and only the actual bids received for construction will provide clarity on costs related to the bid environment at that time.

COMMITTEE OUTCOME

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

Prepared by: Steve Howlett, Assistant Public Works Director, Eric Humel, Grants Specialist

ATTACHMENTS

1. Presentation

399
Grant Application to the Outdoor Recreation Legacy Partnership Grant Program for the Durley Park Improvement Project
City Council
March 4, 2025
Eric Humel, Grants Coordinator
Public Works Department
400
That the City Council approve the:

2. City Manager, or designee, to execute the grant agreements;

3. Finance Director, or designee, to submit financial reports, grant claims, and approve budget appropriations for the use of grant funds; and

4. Public Works Director, or designee, to submit non-financial reports.

RECOMMENDATION 2
401
• The ORLP grant is a program of the National Park Service (NPS) • The purpose of the ORLP program is to provide new or significantly improved recreation opportunities in urban, disadvantaged communities
• The ORLP program requires a 1:1 match
• The grant application is due March 11, 2025
BACKGROUND 3
Outdoor Recreation Legacy
Partnership Program Grant
(ORLP)
402
• The Durley Park Improvement Project is being recommended by staff as a use of the ORLP Grant to supplement the current projected funding deficit
• The City received a grant award in the amount of $7.1M for the Durley Park Improvement Project on December 8, 2021, and design is roughly 95% complete
• Unfortunately, since the grant application was submitted in March of 2021, construction costs have escalated at an alarming rate • With this challenge and the extended research and analysis that was needed due to the estimated construction cost increases, the Durley Park project schedule has been impacted
4BACKGROUND
403
• The current construction cost estimate for all of the elements that were selected for the scope of work through extensive community outreach is approximately $9.7M
• However, there is $5,638,800 remaining within the original grant award, when accounting for the costs for planning and design • Therefore, the project design team used value engineering to reduce the estimated construction costs by moving non-essential project items from the base plan to additional alternates
• The ORLP Grant is an opportunity to fully fund this project and deliver the original design concepts of the park improvements without another City funding source
DISCUSSION 5
404
• Staff recommends that the ORLP funding be sought to supplement the anticipated budget deficit for the Durley Park Improvement project • The ORLP program, which is federally funded and involves an initial application to the State, has a long fore-period before a grant agreement is executed on awarded projects
• Due to this, there is potential for a project delay of about one year if the new grant is awarded. However, staff believes that the delay is worth the chance at receiving an additional $6M for this project to construct the elements that the community has requested DISCUSSION 6
405
• If this project is funded by the ORLP grant, then the features that would be supported with this additional funding include the following:
• skatepark
• pump track
• exercise equipment
• bleachers
• stormwater system
• lighting
• additional trees
• NEPA and Section 106 costs
• If the ORLP grant is not awarded, staff will continue to research other funding opportunities to fill the gap for construction based on the current construction cost estimate
DISCUSSION 7
406
Design here
DISCUSSION 8
407
• If awarded, the ORLP grant program funds will be recognized and appropriated to the Federal Grant Fund (200) for an amount not to exceed $6M
• The 1:1 match of up to $6M will come from previously
appropriated State grant funds budgeted for the Durley Park Improvement Project (Project C2333)
• No additional operating, maintenance, or staffing costs are expected, as the grant would only supplement existing funds and not expand the park area
FINANCIAL IMPACT 9
408

QUESTIONS
10 409

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. L.5

DATE: March 4, 2025

TO: City Council

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

SUBJECT: Public Project Agreement 32500373 with Toro Enterprises, Inc. for Bicycle and Pedestrian Facilities Northeast Communities and Cloyne Street Project, Specification No. PW 24-53, Federal Project No.

CML-5129(086). (10 minutes)

RECOMMENDATION

That the City Council approve and authorize:

1. A total of $1,974,588.25 in Project funds for the Bicycle and Pedestrian Facilities Northeast Communities and Cloyne Street Project, Specification No. PW 24-53, Federal Project No. CML-5129(086);

2. The Mayor to execute an Agreement with Toro Enterprises, Inc. in the amount of $1,645,490.25 for the Project and approve a Project contingency amount of $164,549, (approximately 10%) with Toro Enterprises, Inc. for a total not-to- exceed value of $1,810,039.25 for the Project;

3. A Project allocation amount of $164,549 (approximately 10%) for engineering, inspection, survey and project management for the Project; and

4. A total amount of budget appropriations of $1,020,244.31 consisting of $627,906.42 from the Circulation System Improvement Fee Fund (Fund 350, Subfund 8040) available fund balance for the Northeast Communities Project C1302, and $392,337.89 from the Mobility Fee Fund (Fund 350, Subfund 8055) available fund balance for the Cloyne Street Project C1601 as well as the corresponding Capital Outlay Fund (301) appropriation increase in the same amounts.

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

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/K4faHTEqCM0

BACKGROUND

The Bicycle & Pedestrian Facilities project (Project) combines the Northeast Community Project (Project No. C1302) and Cloyne Street Project (Project No. C1601). The two projects were designed and bid together to benefit from the economy of scale. The improvements are located on approximately 6.5 miles of neighborhood streets in the Northeast Communities and approximately 1.8 miles on Cloyne Street and Cypress Road between Channel Islands Boulevard and Hueneme Road. The locations were selected to connect neighborhoods and through the concept projects identified in Chapter 6 of the City’s Bicycle & Pedestrian Master Plan (BPMP). See the attached location maps for a full list of roadways.

Using the concept designs from the BPMP as a starting point, the designers took into consideration multiple factors, some of which include right-of-way constraints, vehicle speeds, and guidelines from the California Manual on Uniform Traffic Control Devices (MUTCD) to deliver Plans, Specifications and Estimates. The selected project scope is consistent with the grant funding requirements and consists of installing Class II and III on-street bicycle lanes, traffic signal bicycle detection, an overhead flashing beacon system with mast arm, sidewalk, curb extensions, signage, striping and accessible improvements. Class I off-street bike paths are not included in this project due to insufficient right-of-way. Class II on- 410
street striped bike lanes are included on the larger secondary arterial street, and Class III shared bike routes are appropriate on residential streets where width and parking preclude dedicated lanes.

Bikeway types are designated by the Caltrans Highway Design Manual, and the two types used in this project are generally described as follows:
• Class II Bike Lane: On-street separate striped lane for one-way bike travel adjacent to vehicle traffic. • Class III Bike Route: On-street bicycle routes designated with signage and shared roadway markings (“sharrows”) identifying a preferred route for bicyclists on streets shared with vehicular traffic.

Capital Improvement Program (CIP) Reference:

Project No. C1302 and C1601 – Bicycle & Pedestrian Facilities - CIP 2025-2029 - Adopted June 4, 2024 - Page 102.

DISCUSSION

The specific work for this Project includes furnishing all necessary labor, materials, equipment and other incidental and appurtenant work to remove, replace, and construct new dedicated bicycle lanes and shared lanes, an overhead flashing beacon system with mast arm, traffic signal modifications for bicycle detection, concrete sidewalks, curbs and gutters, accessible curb ramps, pedestrian crosswalks, signage, and striping.

The notice inviting formal bids (NIFB) was published on October 31, 2024, both online and in the local newspaper.

Additionally, the NIFB was posted on multiple online platforms, including the City’s website, Public Purchase, TriCo, Dodge, BidAmerica and CyberCopy, and distributed directly to 25 contractors who have registered with the City to be notified of Public Project bids within their license category. All bids were due and opened on December 10, 2024. The City received one bid:

Toro Enterprises, Inc.: $1,645,490.25

The sole bidder is Toro Enterprises, Inc. and its bid is responsive to the City’s NIFB. Following this determination, procurement staff reviewed all documentation received from Toro Enterprises, 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.

Staff reached out to the other six plan holders to understand why they chose not to bid. One responded that they experienced a lack of competitive bids from subcontractors, another did not wish to bid against a former employer, two bid as subcontractors to Toro Enterprises, Inc., and two did not respond to our request. The bidding environment has been and continues to be, saturated due in part to the surge of public project funding that resulted from the Infrastructure Investment and Jobs Act (adopted November 2021) and the American Rescue Plan Act (adopted March 2022). Because the region’s contractors presently have no shortage of similar or larger-scale, longer-term work, there has been a trend of single bidders for the City’s grant-funded transportation projects, as shown below.

2022-PW 18-48 Ventura Boulevard Sidewalk Single bidder 2022-PW 18-61 Mandalay Bay and Edison Canal Bridge Rehab Single bidder 2022-PW 19-97 Oxnard & Saviers Traffic Signal Improvements Single bidder 2022-PW 22-87 Safe Routes to School Infrastructure Two (2) bidders 2023-PW 21-34 Etting Road Sidewalk and Bicycle Lane* Single bidder 2023-PW 21-34R* Etting Road Sidewalk and Bicycle Lane* Single bidder 411
2024-PW 24-53 Northeast Communities & Cloyne Project Single bidder *In 2023, the City downscoped the landscaping element and re-bid the Etting Road project in an attempt to reduce cost and solicit additional bidders. The re-bid process delayed the project by seven months and did not result in additional bidders. The downscoped work resulted in a 4% savings.

The cost estimate for the subject contract was $1.1 million, whereas the bid is $1.6 million. Unfortunately, high bids have become a statewide trend. At the California Transportation Commission’s 2024 Project Delivery Workshop, Caltrans reported that their estimating tool, which is used by the City’s designers, fell far short as compared to the actual bid amounts derived from the National Highway Construction Cost Index, formally known as the Bid-Price Index. Over the past three fiscal years, construction bids increased 64% over Caltrans’ estimating tool.

Staff analyzed the bid item costs by comparing similar grant-funded transportation awards. While each project has unique factors that impact pricing such as quantity, material specifications, location (Citywide vs. single street), type of roadway (residential vs. arterials), time of year (curing temperature for pavement work), availability of equipment, and evolving market changes, the attached table provides a comparison. Of 11 bid items, more than half were comparable or lower than prior bids, while four were a higher cost. This provides evidence that the City likely received a bid that was on par with comparable work and is not priced outside of what could be reasonably expected, considering the present-day bidding/pricing environment.

Considering all factors, and with the support of Caltrans through an approved Cost-Effectiveness/Public Interest Finding, staff recommends that the City Council award the contract for this Project to Toro Enterprises, Inc. In addition to the project award amount of $1,645,490.25 Staff recommends authorizing $329,338 for the project, which includes $164,549 for project contingency (approximately 10% of the contract costs) and $164,549 for the cost of engineering services and City staff (approximately 10% of the contract cost). Engineering services include the following activities during construction: engineering, inspection, survey, labor compliance, and project management. These recommendations bring the total estimated cost of the Project to $1,974,588.25.

The work is tentatively scheduled to begin in Spring 2025 and continue into Summer 2025 (90 working days) absent any delays due to supply chain issues, unforeseen site conditions or weather. City Staff will provide the schedule and expected traffic impacts to Neighborhood Councils and nearby schools including, Pacifica High School, Frank Intermediate, Rio Lindo, Brekke, Rio Rosales, Cesar Chavez, Ramona, Larsen, Blackstock and Hathaway Elementary schools. City Staff and inspectors will oversee the contractor’s responsibility of notifying residents and businesses who are directly impacted by the work. The City’s Public Information Officer will also release social media updates to help keep the wider public informed as well.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

The total cost for this Project shall not exceed $1,974,588.25 which includes the construction agreement, contingency, construction management, and project allocation. The Bicycle and Pedestrian Facilities Northeast Communities and Cloyne Street Project, Specification No. PW 24-53, is funded with two project account numbers.

Northeast Communities, Project C1302, has an available budget balance of $865,620.40 from the Federal Transportation Grant Fund (200) and $9,912.43 from the State Transportation Grant Fund (212). Staff is requesting a budget appropriation of $627,906.42 from Circulation System Improvement Fee Fund (Fund 350, Subfund 8040) available fund balance for Project C1302.

Cloyne Street, Project C1601, has an available budget balance of $30,849.07 from the State Transportation Grant Fund (212) and $47,962.04 from the Traffic Safety Fund (182). Staff is requesting a budget appropriation of $392,337.89 from the Mobility Fee Fund (Fund 350, Subfund 8055) available fund balance for Project C1601.

412
There are no other current transportation projects with budgetary shortfalls that would utilize the Circulation System Improvement Fee Fund (350-8040) or Mobility Fee Fund (350-8055). Based upon the amount of traffic control devices and pavement markings already installed throughout the City that are similar to the proposed overhead beacon and pavement markings to be added with this project, the ongoing maintenance cost for this project will be nominal to the annual Traffic Engineering Operating budget. New striping and pavement markings will be maintained in combination with street resurfacing and the overhead flashing beacon is solar powered with a minimum 15-year LED lifespan.

Northeast Communities, Project C1302 - $1,503,439.25

FUND AVAILABLE
BUDGET

PROPOSED NEW

APPROPRIATION
TOTAL
BUDGET
Federal Grant (200) $865,620.40 $0.00 $865,620.40
TDA Article 3 (Fund 212, Subfund 9030) $9,912.43 $0.00 $9,912.43 Circulation System Improvement Fee (Fund 350,
Subfund 8040)
$0.00 $627,906.42 $627,906.42
Subtotal $875,532.83 $627,906.42 $1,503,439.25

Cloyne Street, Project C1601 - $471,149
TDA Article 3 State Grant (Fund 212, Subfund 9030) $30,849.07 $0 $30,849.07 Traffic Safety Fund (182) $47,962.04 $0 $47,962.04
Mobility Fee (Fund 350, Subfund 8055) $0 $392,337.89 $392,337.89 Subtotal $78,811.11 $392,337.89 $471,149.00
Total $954,343.94 $1,020,244.31 $1,974,588.25

COMMITTEE OUTCOME

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

ATTACHMENTS

1. Agreement 32500373

2. Location Maps

3. Bid Comparison Table

4. Presentation

413
Agreement No. 32500373
1 CONSTRUCTION CONTRACT FOR

BICYCLE AND PEDESTRIAN FACILITIES

NORTHEAST COMMUNITIES AND CLOYNE STREET
SPECIFICATION NO. PW 24-53

BY AND BETWEEN

THE CITY OF OXNARD
AND TORO ENTERPRISES, 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 TORO ENTERPRISES, INC. (“Contractor”). Contractor’s license number is 710580. 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 Bicycle and Pedestrian Facilities Northeast Communities and Cloyne Street as more fully described in the bid package issued by the City for Specification No. PW 24-53 (the “Project”); and

WHEREAS, on October 31, 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 March 4, 2025, the Oxnard City Council duly accepted Contractor’s Bid Proposal for the Project and directed that a written agreement for the Project be entered into with Contractor; the Public Works Department accepted the Contractor’s Bid Proposal for the Project and directed that a written agreement for the Project be entered into with Contractor; and
WHEREAS, in light of the facts set forth above and the certifications made by Contractor as part of its Bid, the City desires to retain Contractor to perform the construction Work for the Project as set forth in this Contract and in the Contract Documents, as hereinafter described.

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

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

1. RECITALS

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

414
Agreement No. 32500373
2 2. CONTRACT DOCUMENTS; ORDER OF PRECEDENCE

A. Contract Documents. The Contract Documents consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference.

Said Contact Documents are complementary; what is called for in one is binding as if called for in all, and together constitutes Contractor’s performance obligations:

1. 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 whatsoever 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. 415
Agreement No. 32500373
3 The Contractor shall not dispose of any of the materials so stored, except with written authorization from the Owner.

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

F. Notwithstanding the foregoing provisions of this article, the Contractor shall not be responsible for the cost of repairing or restoring damage to the work, which damage is determined to have been proximately caused by an Act of God, in excess of five (5) percent of the contracted amount, provided the work is built in accordance with accepted and applicable building standards and the approved Plans and Specifications. “Acts of God” shall include earthquakes in excess of a magnitude of 3.5 on the Richter Scale, wildfires and tidal waves.

4. LICENSES REQUIRED

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

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

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 one million, six hundred and forty-five thousand, four hundred and ninety dollars and twenty five cents, ($1,645,490.25) (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, including payment and performance bonds, insurance documents, business tax certificate have been executed and/or approved by the City.
416
Agreement No. 32500373
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.

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 Public Contract Code 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 Public Contract Code Section 20104.2 process.

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

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

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

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

3. If the issue remains unresolved after ten (10) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by negotiation between the legal 417
Agreement No. 32500373
5 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 w hen 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.

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

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

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

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

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

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

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

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

3. Reasonable expenses directly attributable to termination.

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

418
Agreement No. 32500373
6 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 8.

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 per form under the Contract by issuing a written notice of termination for default to the Contractor and its Surety;

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

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

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

10. PREVAILING WAGE

A. Compliance with State Prevailing Wage Requirements. Pursuant to Labor Code Section 1773, the City has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in Ventura County, California from the Director of the Department of Industrial Relations (DIR) for each craft, classification, or type of worker needed to perform the Work required under this Contract. A copy of the 419
Agreement No. 32500373
7 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 an d 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.

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 Calendar Day, or portion of a Calendar 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.

420
Agreement No. 32500373
8 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.

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 one thousand, two hundred and fifty dollars ($1,250) per day for each 421
Agreement No. 32500373
9 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 Contra ct, 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 und ertake 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 part with Federal Congestion Mitigation Air Quality (CMAQ) funds, purs uant to Federal Projec t No. CML-5129(086) and Caltrans Program Supplement Agreement N068 Rev.1, and further acknowledges and agrees to the provisions in the Federal Grant Contract Addendum attached to this Contract as Exhibit E and incorporated as part hereof by this reference as if fully set forth herein, and the Grant Master Agreement 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, Caltrans Administrator, 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 Caltrans Administrator or his authorized representative access to construction or other work sites pertaining to the Work being completed under the Contract.

B. 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.

C. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. Contractor must comply with the requirements of the False Claims Act (31 U.S.C. 422
Agreement No. 32500373
10 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.

D. FEDERAL GRANT CONTRACT ADDENDUM. Additional contractual obligations for this Project are attached to this Contract as Exhibit E “Federal Grant Contract Addendum”, incorporated as part hereof by this reference.

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 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, 423
Agreement No. 32500373
11 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.

18. THIRD PARTY CLAIMS

The City shall have full authority to compromise or otherwise settle any claim relating to the Project at any time. The City shall timely notify the Contractor of the receipt of any third-party claim relating to the Project. The City shall be entitled to recover its reasonable costs incurred in providing this notice.

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

19. CONFLICTS OF INTEREST

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

20. REPORTS; BOOKS AND RECORDS; AUDIT

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

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

C. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles, and Contractor and its subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred Project costs and matching funds by line item for the Project. The Project Manager and the parties specified in the Grant Master Agreement referenced in Section 15 of this Contract and 424
Agreement No. 32500373
12 attached hereto as Exhibit F, 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 date the City receives its final payment from the State as set forth in Article V ("Audits, Third Party Contracting, Records Retention and Reports") of the Grant Master Agreement in the attached Exhibit F.

21. NONDISCRIMINATORY EMPLOYMENT

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

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

22. MODIFICATIONS AND AMENDMENTS

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

23. ENTIRE AGREEMENT

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

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

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

24. AMBIGUITIES

This Contract is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any 425
Agreement No. 32500373
13 uncertainty or ambiguity existing herein shall not be interpreted against either of them. Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Contract. Notwithstanding the foregoing, the Parties agree that Exhibit “A” is attached hereto for reference purposes, and to the extent there are any ambiguities, inconsistencies, or conflicts between the terms of this Contract and Exhibit “A”, the terms of this Contract shall control and nothing set forth in Exhibit “A” shall be deemed to supersede any of the provisions of this Contract.

25. NOTICES

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

TO CITY: City of Oxnard
Public Works Dept, Traffic Div
305 W Third St, East Wing, 3
rd Fl
Oxnard, CA 93030
c/o Project Manager PW 24-53
TO CONTRACTOR: Toro Enterprises, Inc.
2101 E Ventura Bl
Oxnard, CA 93036
Attn: Sean Castillo, President
B. Notices, payments, and other document s shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

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

26. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES

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

27. REVIEW BY ATTORNEYS

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

28. BONDS

Concurrently with the execution of this Contract by the Contractor, and before the commencement of any Work, Contractor shall furnish to the City a Performance Bond, and a Payment Bond (Labor and Materials Bond) each in an amount equal to one hundred percent (100%) of the Contract Price written on the forms included in the Contract Documents. These bonds must remain in force until the later of (a) the expiration of the one-year guarantee period; or (b) one year from the date 426
Agreement No. 32500373
14 of completion of the corrective Work. Such bonds must be issued by a responsible corporate Surety, licensed and authorized to issue such bonds in the State of California.

29. CARE OF WORK

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

30. CAPTIONS AND HEADINGS

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

31. OWNERSHIP OF DOCUMENTS

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

32. SUCCESSORS, HEIRS, AND ASSIGNS

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

33. GENDER; PLURAL

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

34. SEVERABILITY

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

35. GOVERNING LAW

427
Agreement No. 32500373
15 The validity of this Contract and any of its terms or provisions, as well as the rights and duties of the Parties under this Contract, shall be construed pursuant to and in accordance with California law.

36. CUMULATIVE REMEDIES

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

37. VENUE

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

38. EFFECTIVENESS OF CONTRACT

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

39. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING CONTRACT

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

40. WAIVER

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

41. INDEPENDENT CONTRACTOR STATUS

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

42. COUNTERPARTS

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

43. PROVISIONS REQUIRED BY LAW DEEMED INSERTED

428
Agreement No. 32500373
16 Each and every provision of law and clause required by Law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either Party the Contract shall forthwith be physically amended to make such insertion or correction.

44. ATTORNEY'S FEES

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

[END OF THIS PAGE – SIGNATURE PAGE FOLLOWS]

429
Agreement No. 32500373
17 IN WITNESS WHEREOF, the Parties have entered into this Contract effective on the date as stated herein and upon signature of all Parties.

CITY OF OXNARD TORO ENTERPRISES, INC.

☒ Luis McArthur, Mayor1 Date Sean Castillo, President 2 Date ☐ Purchasing Agent

Jerry Hannigan, Secretary Date

ATTEST:

Lourdes A. López, City Clerk Date
(only if Mayor signs)

APPROVED AS TO FORM:

________________________ __________
Stephen Fischer Date
City Attorney

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

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

430
Agreement No. 32500373
18 EXHIBITS

Exhibit A: Contractors Bid Proposal.

Exhibit B: Form INS-G: Insurance Requirements.

Exhibit C: Iran Contracting Act Certification Form completed by Contractor.

Exhibit D: Small / Minority / Women’s Business Enterprises and Labor Surplus Area Firm Outreach Plan completed by Contractor
Exhibit E: Federal Grant Contract Addendum
Exhibit F: Grant Master Agreement
Exhibit G: FHWA Form-1273
Bonds

The corresponding exhibits and forms contained within follow.

431
Agreement No. 32500373
19 EXHIBIT A

CONTRACTOR’S BID PROPOSAL

432
Agreement No. 32500373
20 433
Agreement No. 32500373
21 ________________
$103,142.40
(**calculation correction – Item No. 23)
434
Agreement No. 32500373
22 435
Agreement No. 32500373
23 436
Agreement No. 32500373
24 437
Agreement No. 32500373
25 (**calculation correction – Item No. 23)

__________________

**$1,645,490.25
438
Agreement No. 32500373
26 __________________________ **$1,645,490.25
___________________________________________
____________________________________________________________________ **One million, six hundred forty-five thousand, four hundred ninety dollars and 25 cents (**calculation correction – Item No. 23)
439
Agreement No. 32500373
27 EXHIBIT B
INS-G Insurance Requirements and Sample Acord Forms

INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS
(WITHOUT BUILDER’S RISK REQUIREMENT)

1. Contractor shall obtain and maintain during the perfor mance of any services under th is Contract the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Contractor, its agents, representatives, employees or subcontractors.

a. Commercial General Liability Insurance, including Co ntractual Liability, in an amount not less than $2,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project location or shall be twice the occurrence amount; b. Business Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office Automobile Liability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;” c. If architectural, engineering, or electrical work will be performed under the Contract, Professional Liability/Errors and Omissions Insurance appropriate to the work being done in an amount not less than $1,000,000, with neither Contractor nor listed subcontractors having less than $500,000 individually. The Professional Liability/Errors and Omissions Insurance must be project specific with at least a one-year extended reporting period, or longer upon request. d. Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.

2. Contractor shall, prior to performance of any services, file with the Risk Manager ce rtificates of insurance with original endorsements effecting coverage required by this Ex hibit INS-G. The certific ates 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 Mana ger 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 Commer cial 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 c ontributing 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 de clared to and approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or elimi nate 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 al so 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.

440
Agreement No. 32500373
28 INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS

Certificates of Insurance

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 unidentifiabl e 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. 441
Agreement No. 32500373
29 ACORD CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)

PRODUCER

CODESUB-CODE

COMPANIES AFFORDING INSURANCE COVERAGE

INSURED

COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY
LETTER
B

COVERAGES

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

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

CO
LTR

TYPE OF INSURANCE POLICY NUMBE R POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)
LIMITS

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) $

AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY

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

PROPERTY DAMAGE
$

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA FORM

EACH OCCURRENCE $

AGGREGATE $

WORKERS’ COMPENSATION
AND
EMPLOYERS’ LIABILITY

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

OTHER
Errors and omissions insurance or malpractice insurance available for the insured’s profession; if architectural, engineering or electrical work will be performed under the Contract
Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant

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

CERTIFICATE HOLDER

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

CANCELLATION

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

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

AUTHORIZED REPRESENTATIVE
 Broker/Agent  Underwriter 

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

Signature
(Original signature required)

Telephone: ( ) ______________ Date Signed________________

SAMPLE
442
Agreement No. 32500373
30 GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the City)

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

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

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

NAMED INSURED

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

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

 Claims Made
Retroactive Date
 Occurrence

OTHER PROVISIONS

COVERAGES

LIABILITY LIMITS IN THOUSANDS $

EACH OCCURRENCE

AGGREGATE

 GENERAL
 PRODUCTS/COMPLETED OPERATIONS
 PERSONAL & ADVERTISING INJURY
 FIRE DAMAGE



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

Name:

Address:

Telephone: ( )

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

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

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

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

5. PROVISIONS REGARDING THE INSUREDS DUTIES. Any failure to comply with reporting provisions of th e 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, Aoccurrence form CG0001; or b) If excess, affords coverage which is at lea st as broad as the primary insurance form CG0001.

Except as stated above nothing herein shall be held to waive, alter or extend any of t he limits, conditions, agreements or excl usions 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

CANCELLATION

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

CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE

NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.

AUTHORIZED REPRESENTATIVE
 Broker/Agent  Underwriter 

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

Signature
(Original signature required)

Telephone: ( ) Date Signed

443
Agreement No. 32500373
31 AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the City)

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

ISSUE DATE (MM/DD/YY)

PRODUCER

POLICY INFORMATION:

Insurance Company:

Policy No.:

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

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

NAMED INSURED

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

OTHER PROVISIONS
 COMMERCIAL AUTO POLICY
 BUSINESS AUTO POLICY
 OTHER
LIMIT OF LIABILITY CLAIMS: Underwriter=s representative for claims pursuant to this insurance.

Name:

Address:

Telephone: ( )

$ per accident, for bodily injury and property damage.

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

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a) Insurance Services Office Automobile Liability Coverage, Aoccurrence” form CA0001, code (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 excl usions of the policy to w hich 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

Signature
(original signature required)
Telephone: ( ) Date Signed
444
Agreement No. 32500373

EXHIBIT C
445
(;+,%,7'
446
447
448
449
450
Agreement No. 32500373

EXHIBIT E

FEDERAL GRANT CONTRACT ADDENDUM
CITY OF OXNARD FEDERAL AID PROJECT NO. CML-5129(086)
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 Feder
al 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 t
hat women’s enterprises and small and minority businesses are solicited whenever they are potential sources;
c. When eco
nomically 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, establish
ing 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 f. If any sub
contracts are to be let, requiring the prime Contractor to take the affirmative steps in a through e above.
451
Agreement No. 32500373
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. (Ap
plies to all purchases. See certification form attached below.)
(A) This con
tract is a covered transaction for purposes of 2 CFR pt. 180 and 2 CFR pt. 3000. As such, the C
ontractor 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 disqualif
ied (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 requ
irement to comply with these regulations in any lower tier covered transaction
it enters into.
(C) This cert
ification 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, subpa
rt C, in addition to remedies available to the City, the Federal Government may pursue available remedies, inclu
ding but not limited to suspension and/or debarment.
(D) The Con
tractor agrees to comply with the requirements of 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C while this of
fer 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 t
ransactions.

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 use
d 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 fun
ds 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 certif
ication(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 t
he purposes of making audits, examinations, excerpts, and transcriptions. The Contractor agrees to per
mit any of the foregoing parties to reproduce by any means or to copy excerpts an
d transcriptions as reasonably needed, and agrees to cooperate with all such requests.
452
Agreement No. 32500373

(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. (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)
453
Agreement No. 32500373

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 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)
454
Agreement No. 32500373

(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.

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.
455
Agreement No. 32500373

(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

16. Required Forms. Contractor will be expected to obtain and submit the forms listed below which are provided by Caltrans and can be downloaded at this link. https://dot.ca.gov/programs/local-assistance/forms/local-assistance-procedures-manual-forms:

Monthly during construction:

Caltrans Exhibit 9-F DBE Running Tally of Payments (Contractor required to submit monthly during construction per instructions on Exhibit).

Caltrans Exhibit 9-J DBE Commercially Useful Function (Contractor required to submit monthly during construction)
Caltrans Exhibit 16-Z1 Monthly DBE Trucking Verification (Contractor required to submit monthly during construction)

Upon completion of construction:

Caltrans Exhibit 17-F Final Report – Utilization of DBE and 1st Tier Subcontractors (Contractor required to submit upon completion of construction) Caltrans Exhibit 17-O DBE Certification Status Change (Contractor required to submit upon completion of construction)

456
Agreement No. 32500373

CALTRANS EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION

FORM COMPLETED BY CONTRACTOR

457
Agreement No. 32500373

CALTRANS EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES .
458
Agreement No. 32500373

BYRD ANTI-LOBBYING CERTIFICATION

459
Agreement No. 32500373

CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
INELIGIBILITY AND VOLUNTARY EXCLUSION – LOWER TIER

COVERED TRANSACTIONS

460
Agreement No. 32500373

461
Agreement No. 32500373

EXHIBIT F

GRANT MASTER AGREEMENT
Federal Aid Project Agreement No. 07-5129F15
Between City of Oxnard (“Administering Agency”) and
State of California, Department of Transportation/Caltrans, (“State”) and Federal Highway Administration (“FWHA”)

BICYCLE AND PEDESTRIAN FACILITIES NORTHEAST COMMUNITIES

AND CLOYNE STREET
SPECIFICATION NO. PW 24-53

462
463
464
465
466
467
468
469
470
471
472
473
474
475
476
477
478
479
480
481
482
483
484
485
486
487
488
489
490
07/18/2023
491
492
493
494
495
496
497
498
499
500
501
502
503
504
505
506
Agreement No. 32500373

EXHIBIT G

FHWA-1273 – Revised October 23, 2023

REQUIRED CONTRACT PROVISIONS FEDERAL-AID

CONSTRUCTION CONTRACTS

I. General
II. Nondiscrimination
III. Non-segregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for
Lobbying
XII. Use of United States-Flag Vessels:

ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)

I. GENERAL

1. Form FHWA-1273 must be physically incorporated in each construction contract funded under title 23, United States Code, as required in 23 CFR 633.102(b) (excluding
emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). 23 CFR
633.102(e).

The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. 23 CFR 633.102(e).

Form FHWA-1273 must be included in all Federal-aid design- build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or
services) in accordance with 23 CFR 633.102. The design- builder shall be responsible for compliance by any
subcontractor, lower-tier subcontractor or service provider.

Contracting agencies may reference Form FHWA-1273 in
solicitation-for-bids or request-for-proposals documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b).

2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 23 CFR 633.102(d).

3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA.

4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. 23 U.S.C. 114(b). The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a).

II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)

The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal-aid construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.

In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504
of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-

1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3.

Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR Part 60, and 29 CFR Parts 1625-1627. The contracting agency and the
FHWA have the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.), and related regulations including 49 CFR Parts 21, 26, and 27; and 23 CFR Parts 200, 230, and 633.

The following provision is adopted from 23 CFR Part 230, Subpart A, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA
requirements.
507
Agreement No. 32500373

1. Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) & (5).

b. The contractor will accept as its operating policy the following statement:

"It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, sexual orientation, gender identity, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-
apprenticeship, and/or on-the-job training."

2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively
administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so.

3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action or are substantially involved in such action, will be made fully cognizant of and will implement the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official.

b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.
d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.

e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or
other appropriate means.

4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.

b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to refer minorities and women as applicants for employment.

Information and procedures with regard to referring such applicants will be discussed with employees.

5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability.

The following procedures shall be followed:

a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.

b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action 508
Agreement No. 32500373

within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.

6. Training and Promotion:

a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance). In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).

c. The contractor will advise employees and applicants for employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.

7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor , either directly or through a contractor's association acting as agent, will include the procedures set forth below:
a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.

b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability.

c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.

d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.

8. Reasonable Accommodation for Applicants / Employees
with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with
Disabilities Act and all rules and regulations established thereunder. Employers must provide reasonable
accommodation in all employment activities unless to do so would cause an undue hardship.

9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The
contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract.

a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this contract.

b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.

10. Assurances Required:

a. The requirements of 49 CFR Part 26 and the State
DOT’s FHWA-approved Disadvantaged Business Enterprise
(DBE) program are incorporated by reference.

b. The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems
appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non- responsible.
c. The Title VI and nondiscrimination provisions of U.S.

DOT Order 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21.

11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following:
509
Agreement No. 32500373

(1) The number and work hours of minority and non-
minority group members and women employed in each work
classification on the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and

(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women.

b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non- minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.

III. NONSEGREGATED FACILITIES

This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of more than $10,000. 41 CFR 60-1.5.

As prescribed by 41 CFR 60-1.8, the contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location under the contractor's control where the facilities are segregated. The term "facilit ies" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes.

IV. DAVIS-BACON AND RELATED ACT PROVISIONS

This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 5.5. The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. 23 U.S.C. 113.

This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. 23 U.S.C. 101.

Where applicable law requires that projects be treated as a project on a Federal-aid highway, the provisions of this subpart will apply regardless of the location of the project. Examples include: Surface Transportation Block Grant Program projects funded under 23 U.S.C. 133 [excluding recreational trails projects], the Nationally Significant Freight and Highway Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167.

The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements.

1. Minimum wages (29 CFR 5.5)

a. Wage rates and fringe benefits. All laborers and
mechanics employed or working upon the site of the work (or otherwise working in construction or development of the project under a development statute), will be paid
unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR part 3)), the full amount of basic hourly wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. As provided in paragraphs (d) and (e) of 29 CFR 5.5, the appropriate wage determinations are effective by operation of law even if they have not been attached to the contract. Contributions made or costs reasonably anticipated for bona fide fringe benefits under the Davis-Bacon Act (40 U.S.C. 3141(2)(B)) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.e. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.

Such laborers and mechanics must be paid the appropriate wage rate and fringe benefits on the wage determination for the classification(s) of work actually performed, without regard to skill, except as provided in paragraph 4. of this section. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph 1.c. of this section) and the Davis-Bacon poster (WH–1321) must be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.

b. Frequently recurring classifications. (1) In addition to wage and fringe benefit rates that have been determined to be prevailing under the procedures set forth in 29 CFR part 1, a wage determination may contain, pursuant to § 1.3(f), wage and fringe benefit rates for classifications of laborers and mechanics for which conformance requests are regularly
submitted pursuant to paragraph 1.c. of this section, provided that:

(i) The work performed by the classification is not
performed by a classification in the wage determination for which a prevailing wage rate has been determined;
510
Agreement No. 32500373

(ii) The classification is used in the area by the
construction industry; and

(iii) The wage rate for the classification bears a reasonable relationship to the prevailing wage rates contained in the wage determination.

(2) The Administrator will establish wage rates for such classifications in accordance with paragraph 1.c.(1)(iii) of this section. Work performed in such a classification must be paid at no less than the wage and fringe benefit rate listed on the wage determination for such classification.

c. Conformance. (1) The contracting officer must require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract be classified in conformance with the wage determination. Conformance of an additional
classification and wage rate and fringe benefits is appropriate only when the following criteria have been met:

(i) The work to be performed by the classification
requested is not performed by a classification in the wage determination; and

(ii) The classification is used in the area by the
construction industry; and

(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

(2) The conformance process may not be used to split,
subdivide, or otherwise avoid application of classifications listed in the wage determination.

(3) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken will be sent by the contracting officer by email to [email protected]. The Administrator, or an
authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.

(4) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed
classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer will, by email to [email protected], refer the
questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30–day period that additional time is necessary.

(5) The contracting officer must promptly notify the
contractor of the action taken by the Wage and Hour Division under paragraphs 1.c.(3) and (4) of this section. The contractor must furnish a written copy of such determination to each affected worker or it must be posted as a part of the wage determination. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 1.c.(3) or (4) of this section must be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

d. Fringe benefits not expressed as an hourly rate.

Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor may either pay the benefit as stated in the wage determination or may pay another bona fide fringe benefit or an hourly cash equivalent thereof.

e. Unfunded plans. If the contractor does not make
payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, in accordance with the criteria set forth in § 5.28, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

f. Interest. In the event of a failure to pay all or part of the wages required by the contract, the contractor will be required to pay interest on any underpayment of wages.

2. Withholding (29 CFR 5.5)

a. Withholding requirements. The contracting agency may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered
necessary to satisfy the liabilities of the prime contractor or any subcontractor for the full amount of wages and monetary relief, including interest, required by the clauses set forth in this section for violations of this contract, or to satisfy any such liabilities required by any other Federal contract, or federally assisted contract subject to Davis-Bacon labor standards, that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards requirements and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld. In the event of a
contractor's failure to pay any laborer or mechanic, including any apprentice or helper working on the site of the work all or part of the wages required by the contract, or upon the contractor's failure to submit the required records as discussed in paragraph 3.d. of this section, the contracting agency may on its own initiative and after written notice to the contractor, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph 511
Agreement No. 32500373

2.a. of this section or Section V, paragraph 3.a., or both, over claims to those funds by:

(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;

(2) A contracting agency for its reprocurement costs;

(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;

(4) A contractor's assignee(s);

(5) A contractor's successor(s); or

(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.

3. Records and certified payrolls (29 CFR 5.5)

a. Basic record requirements (1) Length of record retention.

All regular payrolls and other basic records must be
maintained by the contractor and any subcontractor during the course of the work and preserved for all laborers and
mechanics working at the site of the work (or otherwise working in construction or development of the project under a development statute) for a period of at least 3 years after all the work on the prime contract is completed.

(2) Information required. Such records must contain the name; Social Security number; last known address, telephone number, and email address of each such worker; each
worker's correct classification(s) of work actually performed; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act); daily and weekly number of hours actually worked in total and on each covered contract; deductions made; and actual wages paid.

(3) Additional records relating to fringe benefits. Whenever the Secretary of Labor has found under paragraph 1.e. of this section that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in 40 U.S.C. 3141(2)(B) of the Davis-Bacon Act, the contractor must
maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.

(4) Additional records relating to apprenticeship. Contractors with apprentices working under approved programs must
maintain written evidence of the registration of apprenticeship programs, the registration of the apprentices, and the ratios and wage rates prescribed in the applicable programs.

b. Certified payroll requirements (1) Frequency and method of submission. The contractor or subcontractor must submit weekly, for each week in which any DBA- or Related Acts- covered work is performed, certified payrolls to the contracting agency. The prime contractor is responsible for the submission of all certified payrolls by all subcontractors. A contracting agency or prime contractor may permit or require contractors to submit certified payrolls through an electronic system, as long as the electronic system requires a legally valid electronic signature; the system allows the contractor, the contracting agency, and the Department of Labor to access the certified payrolls upon request for at least 3 years after the work on the prime contract has been completed; and the contracting agency or prime contractor permits other methods of submission in situations where the contractor is unable or limited in its ability to use or access the electronic system.

(2) Information required. The certified payrolls submitted must set out accurately and completely all of the information required to be maintained under paragraph 3.a.(2) of this section, except that full Social Security numbers and last known addresses, telephone numbers, and email addresses must not be included on weekly transmittals. Instead, the certified payrolls need only include an individually identifying number for each worker ( e.g., the last four digits of the worker's Social Security number). The required weekly
certified payroll information may be submitted using Optional Form WH–347 or in any other format desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division website at https://www.dol.gov/sites/dolgov/files/WHD/ legacy/files/wh347/.pdf or its successor website. It is not a violation of this section for a prime contractor to require a subcontractor to provide full Social Security numbers and last known addresses, telephone numbers, and email addresses to the prime contractor for its own records, without weekly submission by the subcontractor to the contracting agency.

(3) Statement of Compliance. Each certified payroll
submitted must be accompanied by a “Statement of
Compliance,” signed by the contractor or subcontractor, or the contractor's or subcontractor's agent who pays or supervises the payment of the persons working on the contract, and must certify the following:

(i) That the certified payroll for the payroll period contains the information required to be provided under paragraph 3.b. of this section, the appropriate information and basic records are being maintained under paragraph 3.a. of this section, and such information and records are correct and complete;

(ii) That each laborer or mechanic (including each helper and apprentice) working on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set
forth in 29 CFR part 3; and

(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification(s) of work actually
performed, as specified in the applicable wage determination incorporated into the contract.

(4) Use of Optional Form WH–347. The weekly submission
of a properly executed certification set forth on the reverse side of Optional Form WH–347 will satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(3) of this section.
512
Agreement No. 32500373

(5) Signature. The signature by the contractor,
subcontractor, or the contractor's or subcontractor's agent must be an original handwritten signature or a legally valid electronic signature.

(6) Falsification. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 3729.

(7) Length of certified payroll retention. The contractor or subcontractor must preserve all certified payrolls during the course of the work and for a period of 3 years after all the work on the prime contract is completed.

c. Contracts, subcontracts, and related documents. The
contractor or subcontractor must maintain this contract or subcontract and related documents including, without
limitation, bids, proposals, amendments, modifications, and extensions. The contractor or subcontractor must preserve these contracts, subcontracts, and related documents during the course of the work and for a period of 3 years after all the work on the prime contract is completed.

d. Required disclosures and access (1) Required record
disclosures and access to workers. The contractor or
subcontractor must make the records required under
paragraphs 3.a. through 3.c. of this section, and any other documents that the contracting agency, the State DOT, the FHWA, or the Department of Labor deems necessary to
determine compliance with the labor standards provisions of any of the applicable statutes referenced by § 5.1, available for inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and must permit such
representatives to interview workers during working hours on the job.

(2) Sanctions for non-compliance with records and worker access requirements. If the contractor or subcontractor fails to submit the required records or to make them available, or refuses to permit worker interviews during working hours on the job, the Federal agency may, after written notice to the contractor, sponsor, applicant, owner, or other entity, as the case may be, that maintains such records or that employs such workers, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available, or to permit worker interviews during working hours on the job, may be grounds for debarment action pursuant to § 5.12. In addition, any contractor or other person that fails to submit the required records or make those records available to WHD within the time WHD requests that the records be produced will be
precluded from introducing as evidence in an administrative proceeding under 29 CFR part 6 any of the required records that were not provided or made available to WHD. WHD will take into consideration a reasonable request from the
contractor or person for an extension of the time for
submission of records. WHD will determine the
reasonableness of the request and may consider, among other things, the location of the records and the volume of
production.

(3) Required information disclosures. Contractors and
subcontractors must maintain the full Social Security number and last known address, telephone number, and email address of each covered worker, and must provide them upon request to the contracting agency, the State DOT, the FHWA, the
contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or other compliance action.

4. Apprentices and equal employment opportunity (29 CFR

5.5)

a. Apprentices (1) Rate of pay. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship (OA), or with a State Apprenticeship Agency recognized by the OA. A person who is not individually registered in the program, but who has been certified by the OA or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice, will be permitted to work at less than the
predetermined rate for the work they perform in the first 90 days of probationary employment as an apprentice in such a program. In the event the OA or a State Apprenticeship
Agency recognized by the OA withdraws approval of an
apprenticeship program, the contractor will no longer be permitted to use apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(2) Fringe benefits. Apprentices must be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits must be paid in accordance with that
determination.

(3) Apprenticeship ratio. The allowable ratio of apprentices to journeyworkers on the job site in any craft classification must not be greater than the ratio permitted to the contractor as to the entire work force under the registered program or the ratio applicable to the locality of the project pursuant to paragraph

4.a.(4) of this section. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in paragraph 4.a.(1) of this section, must be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.

In addition, any apprentice performing work on the job site in excess of the ratio permitted under this section must be paid not less than the applicable wage rate on the wage
determination for the work actually performed.

(4) Reciprocity of ratios and wage rates. Where a contractor is performing construction on a project in a locality other than the locality in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyworker's hourly rate) applicable within the locality in which the construction is being performed must be observed. If there is no applicable ratio or wage rate for the locality of the project, the ratio and wage rate specified in the contractor's registered program must be observed.

b. Equal employment opportunity. The use of apprentices and journeyworkers under this part must be in conformity with 513
Agreement No. 32500373

the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.

c. Apprentices and Trainees (programs of the U.S. DOT).

Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal- aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. 23 CFR
230.111(e)(2). The straight time hourly wage rates for
apprentices and trainees under such programs will be
established by the particular programs. The ratio of apprentices and trainees to journeyworkers shall not be greater than permitted by the terms of the particular program.

5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5.

6. Subcontracts. The contractor or subcontractor must insert FHWA-1273 in any subcontracts, along with the applicable wage determination(s) and such other clauses or contract modifications as the contracting agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses and wage determination(s) in any lower tier subcontracts. The prime contractor is responsible for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this section. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and may be subject to debarment, as appropriate. 29 CFR 5.5.

7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.

8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the Davis- Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract as provided in 29 CFR 5.5.

9. Disputes concerning labor standards. As provided in 29 CFR 5.5, disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their
representatives.

10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b) or § 5.12(a).
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b) or § 5.12(a).

c. The penalty for making false statements is prescribed in the U.S. Code, Title 18 Crimes and Criminal Procedure, 18
U.S.C. 1001.

11. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:

a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the DBA, Related Acts, this part, or 29 CFR part 1 or 3;

b. Filing any complaint, initiating or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under the DBA, Related Acts, this part, or 29 CFR part 1 or 3;

c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under the DBA, Related Acts, this part, or 29 CFR part 1 or 3; or

d. Informing any other person about their rights under the DBA, Related Acts, this part, or 29 CFR part 1 or 3.

V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT

Pursuant to 29 CFR 5.5(b), the following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchpersons and guards.

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 29 CFR

5.5. 2. Violation; liability for unpaid wages; liquidated damages.

In the event of any violation of the clause set forth in paragraph 1. of this section the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment.

In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or 514
Agreement No. 32500373

mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph 1. of this section, in the sum currently provided in 29 CFR 5.5(b)(2)* for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1. of this section.

* $31 as of January 15, 2023 (See 88 FR 88 FR 2210) as may be adjusted annually by the Department of Labor, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990.

3. Withholding for unpaid wages and liquidated damages

a. Withholding process. The FHWA or the contracting
agency may, upon its own action, or must, upon written
request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be
considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages;
monetary relief, including interest; and liquidated damages required by the clauses set forth in this section on this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the
contractor liability for which the funds were withheld.

b. Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with Section IV paragraph 2.a. or paragraph 3.a. of this section, or both, over claims to those funds by:

(1) A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;

(2) A contracting agency for its reprocurement costs;

(3) A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;

(4) A contractor's assignee(s);

(5) A contractor's successor(s); or

(6) A claim asserted under the Prompt Payment Act, 31
U.S.C. 3901–3907.

4. Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs 1. through 5. of this section and a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1. through 5. In the event of any violations of these clauses, the prime contractor and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower- tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.

5. Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:

a. Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its
implementing regulations in this part;

c. Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or

d. Informing any other person about their rights under
CWHSSA or this part.

VI. SUBLETTING OR ASSIGNING THE CONTRACT

This provision is applicable to all Federal-aid construction contracts on the National Highway System pursuant to 23 CFR 635.116.

1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items
designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such
specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116).

a. The term “perform work with its own organization” in paragraph 1 of Section VI refers to workers employed or leased by the prime contractor, and equipment owned or
rented by the prime contractor, with or without operators.

Such term does not include employees or equipment of a
subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the following conditions: (based on longstanding interpretation)

(1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality of the work of the leased employees;
515
Agreement No. 32500373

(3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 23 CFR 635.102.

2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the
contractor under the contract provisions.

3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract.

4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the
contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on long- standing interpretation of 23 CFR 635.116).

5. The 30-percent self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. 23 CFR 635.116(d).

VII. SAFETY: ACCIDENT PREVENTION

This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635). The
contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 23 CFR 635.108.

2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are
unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and
health standards (29 CFR Part 1926) promulgated by the
Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 29 CFR 1926.10.

3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704).

VIII. FALSE STATEMENTS CONCERNING HIGHWAY

PROJECTS

This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal- aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway
project (23 CFR Part 635) in one or more places where it is readily available to all persons concerned with the project:

18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of
construction on any highway or related project submitted for approval to the Secretary of Transportation; or

Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or

Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 11, 1916, (39 Stat. 355), as amended and supplemented;

Shall be fined under this title or imprisoned not more than 5 years or both."
516
Agreement No. 32500373

IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2
CFR 200.88; EO 11738)
This provision is applicable to all Federal-aid construction contracts in excess of $150,000 and to all related subcontracts. 48 CFR 2.101; 2 CFR 200.327.

By submission of this bid/proposal or the execution of this contract or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, subcontractor, supplier, or vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Highway Administration and the Regional Office of the Environmental Protection Agency. 2 CFR Part 200,
Appendix II.

The contractor agrees to include or cause to be included the requirements of this Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200.327.

X. CERTIFICATION REGARDING DEBARMENT,

SUSPENSION, INELIGIBILITY AND VOLUNTARY

EXCLUSION

This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and
1200.220.

1. Instructions for Certification – First Tier Participants:

a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below.

b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320.

c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. 2 CFR 180.325.

d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances. 2 CFR 180.345 and 180.350.

e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as
subcontractors and suppliers).

f. The prospective first tier participant agrees by submitting this proposal 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 debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180.330.

g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 180.300.

h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. 2 CFR 180.300; 180.320, and 180.325. A participant is responsible for
ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/). 2 CFR
180.300, 180.320, and 180.325.

i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause.

The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2 CFR 180.325.
* * * * *
517
Agreement No. 32500373

2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier
Participants:
a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:

(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.335;.

(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180.800;

(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification, 2 CFR 180.700 and 180.800; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2 CFR 180.335(d).

(5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and

(6) Are not a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and
administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements).

b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. 2 CFR 180.335 and 180.340.
* * * * *

3. Instructions for Certification - Lower Tier Participants:

(Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200). 2 CFR 180.220 and 1200.220.
a. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.

b. 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.

c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. 2 CFR 180.365.

d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200.

You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those
regulations. “First Tier Covered Transactions” refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by
submitting this proposal 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 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. 2 CFR 1200.220 and 1200.332.

f. 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 exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220.
g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibil ity of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management website (https://www.sam.gov/), which is compiled by the General Services Administration. 2 CFR
180.300, 180.320, 180.330, and 180.335.

h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily 518
Agreement No. 32500373

excluded from participation in this transaction, 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 CFR 180.325.
* * * * *

4. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:
a. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals:

(1) is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal
department or agency, 2 CFR 180.355;
(2) is a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations act requirements); and

(3) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations act
requirements)

b. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal.
* * * * *

XI. CERTIFICATION REGARDING USE OF CONTRACT

FUNDS FOR LOBBYING

This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed
$100,000. 49 CFR Part 20, App. A.

1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:

a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.

b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.

2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.

3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.

XII. USE OF UNITED STATES-FLAG VESSELS:

This requirement applies to material or equipment that is acquired for a specific Federal-aid highway project. 46 CFR 381.7. It is not applicable to goods or materials that come into inventories independent of an FHWA funded-contract.

When oceanic shipments (or shipments across the Great Lakes) are necessary for materials or equipment acquired for a specific Federal-aid construction project, the bidder, proposer, contractor, subcontractor, or vendor agrees:

1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 46 CFR 381.7.

2. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Office of Cargo and Commercial Sealift (MAR-620), Maritime
Administration, Washington, DC 20590. (MARAD requires
copies of the ocean carrier's (master) bills of lading, certified onboard, dated, with rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of the contractor). 46 CFR 381.7. 519
Agreement No. 32500373

(5) ATTACHMENT A - EMPLOYMENT AND MATERIALS

PREFERENCE FOR APPALACHIAN DEVELOPMENT

HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B)
This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965.

1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except:

a. To the extent that qualified persons regularly residing in the area are not available.

b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work.

c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below.

2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment
Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service.

3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required.

4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above.

5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region.

6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work.

520
Agreement No. 32500373

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 Toro Enterprises, Inc., 2101 Ventura Blvd, Oxnard, CA 93036 (“Principal”) (Name and address of Contractor)
a contract (the “Contract”) for the Work described as BICYCLE AND PEDESTRIAN FACILITIES NORTHEAST COMMUNITIES AND CLOYNE STREET, SPECIFICATION NO. PW 24-53.

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 One Million, Six Hundred Forty-Five Thousand, Four Hundred Ninety & 25/100 Dollars ($1,645,490.25), this amount being not less than one hundred percent (100%) of the total Contract Price in lawful money of the United States of America, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

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

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1771.2, if the condition of this B ond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. 521
Agreement No. 32500373

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”

Toro Enterprises, Inc.
2101 Ventura Bl
Oxnard, CA 93036

By:

Its:

(Seal)

“Surety”

By:

Its:

By:

Its

(Seal)

Notes: This Bond must be executed and dated, all Sure ty 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.
522
Agreement No. 32500373

Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Oxnard (“Agency”), has awarded to Toro Enterprises, Inc., 2101 Ventura Blvd, Oxnard, CA 93036 (“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as BICYCLE AND PEDESTRIAN FACILITIES NORTHEAST COMMUNITIES AND CLOYNE STREET, SPECIFICATION NO. PW 24-53.

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 One Million, Six Hundred Forty-Five Thousand, Four Hundred Ninety & 25/100 Dollars ($1,645,490.25), 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 S UCH 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. 523
Agreement No. 32500373

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.

D a t e d :

“Principal”

Toro Enterprises, Inc.
2101 Ventura Bl
Oxnard, CA 93036

By:

Its:

(Seal)

“Surety”

By:

Its:

By:

Its

(Seal)

524
!(
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The City does not make any representations or warranties regarding the use, accuracy, reliability, and/or completeness of this map and no decision involving a risk of economic loss or physical injury should be made in reliance thereon. µ
Legend
Proposed Bicycle Facilities
Class II
Class III
!( Curb Extension
City Limits
1,000 0 1,000 2,000
Feet
Created by:

Geographic Information Systems Division
July 2019
Data Source:

City of Oxnard GIS Division
County of Ventura GIS Program
BICYCLE & PEDESTRIAN FACILITIES (PW24-53)

NORTHEAST COMMUNITY PROJECT LOCATION

ROSE AVE

JUANITA AVE

ENTRADA DR

GARFIELD AVE

SNOW AVE

ST MARYS DR

CESAR CHAVEZ DR

THIRD ST

PRINCETON AVRIO LINDO ST
TORERO DRMLK JR. DR

LATIGO AVE

MILAGRO PL

GIBRALTER ST
525
!(
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The City does not make any representations or warranties regarding the use, accuracy, reliability, and/or completeness of this map and no decision involving a risk of economic loss or physical injury should be made in reliance thereon. µ
Legend
!(
Proposed Bicycle Facilities
Overhead Flashing Beacon
City Limits
BICYCLE & PEDESTRIAN FACILITIES (PW24-53)

CLOYNE STREET PROJECT LOCATION
940 0 940 1,880
Feet
Created by:

Geographic Information Systems Division
July 2019
Data Source:

City of Oxnard GIS Division
County of Ventura GIS Program

CLOYNE ST

JUSTIN WAY/BARD RDCYPRESS RD
526
PW 24-53 Bicycle and Pedestrian Facilities Northeast Communities and Cloyne Street Project - Bid Comparison BID

ITEM DESCRIPTION UNIT

NORTHEAST
& CLOYNE

ESTIMATE
QTY BID 1 QTY BID 1 QTY BID 1 BID 2 CONCLUSION
25 New Sign on Existing Post EA $300.00 26 $200.00 1 $275.00 0 0 0 Lower cost 28 Relocate Signs EA $300.00 6 $55.00 3 $250.00 19 $260.00 $130.00 Lower cost 35 Detectable Warning Surface Tiles SF $54.00 172 $50.00 56 $53.00 1110 $50.00 $53.00 Lower cost 3 Double Yellow Center Line LF $3.50 2994 $2.55 1443 $2.10 0 0.00 0.00 Within Comparables 4 Double Yellow Center Line/Raised Marker LF $3.75 2883 $3.15 0 0 510 $3.00 $2.00 Within Comparables 33 Sidewalk and ADA Ramps SF $18.00 1865 $20.00 295 $37.00 9190 $15.15 $28.00 Within Comparables 38 Adjust Manhole to Grade EA $2,750.00 1 $2,875.00 3 $2,500.00 8 $2,300.00 $1,200.00 Within Comparables 15 Pavement Parking Limit Line LF $3.60 245 $11.85 0 0 830 $7.00 $4.30 High, consider quantity 34 PCC Curb and Gutter LF $95.00 184 $175.00 1472 $49.00 770 $99.00 $76.00 High, consider quantity 22 Green Bicycle Striping SF $7.50 7506 $12.70 936 $9.65 0 0 0 Higher cost 13 Pavement Marking Stop EA $300.00 19 $385.00 0 0 50 $220.00 $300.00 Higher cost PW 21-34R
Etting Road
.41 mile
2023 August
1 Bidder
PW 24-53
Northeast/Cloyne

8.3 miles
2024 December
1 Bidder
PW 22-87
Safe Routes to School
26 intersections Citywide
2024 April
2 Bidders
Specification No.:

Project Name:

Length/Location:

Bid Opening Date:

Number of Bids:
527
Agreement 32500373 with T oro Enterprises, Inc.
for Bicycle and Pedestrian Facilities Northeast
Communities and Cloyne Street Project,
Specification No. PW 24-53,
Federal Project No. CML-5129(086)
City Council
March 4, 2025
Miguel Guillen
Associate Engineer
528
That the City Council approve and authorize:

1. A total of $1,974,588.25 in Project funds for the Bicycle and Pedestrian Facilities Northeast Communities and Cloyne Street Project, Specification No. PW 24-53, Federal Project No. CML-5129(086);

2. The Mayor to execute an Agreement with T oro Enterprises, Inc. in the amount of $1,645,490.25 for the Project and approve a Project contingency amount of $164,549, (approximately 10%) with T oro Enterprises, Inc. for a total not-to-exceed value of $1,810,039.25 for the Project;

3. A Project allocation amount of $164,549 (approximately 10%) for engineering, inspection, survey and project management for the Project; and

RECOMMENDATION 2
529
The Bicycle & Pedestrian Facilities project (Project) combines the Northeast Community Project (Project No. C1302) and Cloyne Street Project (Project No. C1601).

The improvements are located on approximately 6.5 miles of neighborhood streets in the Northeast Communities and approximately 1.8 miles on Cloyne Street and Cypress Avenue between Channel Islands Boulevard and Hueneme Road.

The roadways were selected to connect neighborhoods with the City’s bicycle network. Locations were also included in the concept projects identified in Chapter 6 of the City’s Bicycle & Pedestrian Master Plan (BPMP).

See the attached location map for a full list of roadways.

BACKGROUND 3
530
BACKGROUND - NORTHEAST COMMUNITY MAP 4
531
BACKGROUND - CLOYNE STREET/CYPRESS ROAD MAP 5
532
BACKGROUND - EARLY CONCEPT DESIGN 6
533
The notice inviting formal bids (NIFB) was published on October 31, 2024, and all bids were due and opened December 10, 2024. The City received the following bid:

TORO Enterprises, Inc: $ 1,645,490.25
The sole bidder is TORO ENTERPRISES, INC. 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).

The cost estimate for the subject contract was $1.1 million, whereas the bid is $1.6 million. This trend is statewide. At the California Transportation Commission’s 2024 Project Delivery Workshop, Caltrans reported that their estimating tool, which is used by the City’s designers, fell far short as compared to the actual National Highway Construction Cost Index. Over the past three fiscal years, bids increased 64% over Caltrans’ estimates.

DISCUSSION 7
534
Public Works Staff reached out to the other six plan holders to understand why they chose not to bid. The responses included: • lack of competitive bids from subcontractors• contractor did not wish to bid against a former employer• two bid as subcontractors• two did not respond to our request for informationThe bidding environment has been challenging for many reasons, which include: • high demand due in part to an influx of grant funding from:• Senate Bill 1• Infrastructure Investment and Jobs Act• American Rescue Plan Act• Skilled labor shortages• Equipment shortages• Inflation impacts are also factors DISCUSSION 8
535
There has been a trend of single bidders for the City’s grant-funded transportation projects since 2022, as shown below.
*The City down-scoped and re-bid the Etting Road project in an attempt to reduce cost and solicit additional bidders. The re-bid process delayed the project by seven (7) months, and it did not result in additional bidders.

DISCUSSION 9
2022-PW 18-48 Ventura Boulevard
Sidewalk
Single bidder
2022-PW 18-61 Mandalay Bay and Edison
Canal Bridge Rehab
Single bidder
2022-PW 19-97 Oxnard & Saviers Traffic
Signal Improvements
Single bidder
2022-PW 22-87 Safe Routes to School
Infrastructure
Two (2) bidders
2023-PW 21-34 Etting Road Sidewalk and
Bicycle Lane
Single bidder
2023-PW 21-34R *Re-bid Etting Road Sidewalk and
Bicycle Lane
Single bidder
2024-PW 24-53 Northeast Communities &
Cloyne Project
Single bidder
536
Staff analyzed the bid item costs by comparing similar grant-funded transportation awards. An apple to apple comparison is difficult as each project has unique factors that impact pricing, such as:
• quantities
• material specifications
• location (Citywide vs. single street)
• type of roadway (residential vs. arterials)
• time of year (curing temperature for pavement work)
• availability of equipment
• evolving market changes
Staff were able to identify 11 comparable bid items from projects awarded in August 2023 and April 2024. Of the 11 projects, more than half were comparable or lower than prior bids.

DISCUSSION 10
537
Considering these factors, and with the support of Caltrans through an approved Cost-Effectiveness/Public Interest Finding, staff recommends that the City Council award the contract for this Project to T oro Enterprises, Inc. In addition to the contract award amount of $1,645,490.25, staff recommends authorizing $329,098 for the following:
• $164,549 for project contingency (approximately 10% of the contract cost) • $164,549 for engineering services and City Labor (approximately 10% of the contract cost)
Engineering services include: engineering, inspection, survey, labor compliance, and project management.

In order to allow the project to move forward to construction and not return the grant funding, Staff is requesting additional appropriations as described in the Financial Impact.

DISCUSSION 11
538
The total cost for this Project shall not exceed $1,974,588.25 which includes the construction agreement, contingency, construction management, and project allocation. The Bicycle and Pedestrian Facilities Northeast Communities and Cloyne Street Project, Specification No. PW 24-53, is funded with two project account numbers.

(continued on next page)
FINANCIAL IMPACT 12
539
Cloyne Street, Project C1601, has an available budget balance of $30,849.07 from the State Transportation Grant Fund (212) and $47,962.04 from the Traffic Safety Fund (182). Staff is requesting a budget appropriation of $392,337.89 from the Mobility Fee Fund (Fund 350, Subfund 8055) available fund balance for Project C1601.

There are no other current transportation projects with budgetary shortfalls that would utilize the Circulation System Improvement Fee Fund (350) or Mobility Fee Fund (350). Based upon the amount of traffic control devices and pavement markings already installed throughout the City that are similar to the proposed overhead beacon and pavement markings to be added with this project, the ongoing maintenance cost for this project will be nominal to the annual Traffic Engineering Operating budget. New striping and pavement markings will be maintained in combination with street resurfacing and the overhead flashing beacon is solar powered with a minimum 15-year LED lifespan.

FINANCIAL IMPACT 13
540

QUESTIONS
14 541

Oxnard City CouncilMarch 4, 2025

Oxnard City Council
March 4, 2025