Agenda packet — Oxnard City Council, October 21, 2025 (part 3 of 3)

303
Exhibit INS-A
ENDORSEMENT NO. ISSUE DATE (MM/DD/YY)

PRODUCER
Telephone:

NAMED INSURED
POLICY INFORMATION:

Insurance Company:

Policy No.:

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

CITY AGREEMENTS/PERMITS

GENERAL LIABILITY

COMMERCIAL GENERAL LIABILITY

COMPREHENSIVE GENERAL LIABILITY

OWNERS & CONTRACTORS PROTECTIVE
Claims Made
Retroactive Date
Occurrence
LIABILITY LIMITS IN THOUSANDS $

GENERAL

PRODUCTS/COMPLETED OPERATIONS

PERSONAL & ADVERTISING INJURY

FIRE DAMAGE

EACH OCCURRENCE AGGREGATE
: Underwriter’s representative for claims pursuant to this insurance.

Name:

Address:

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

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

3. T his 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. W ith 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. A ny failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.

6. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or b. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.

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

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

Signature
(original signature required)
Telephone: ( ) Date Signed:

Rev. 1/23 INS-A.doc
-
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304
Exhibit INS-A
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 S elf-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which) NAMED INSURED . 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:

TY AGREEMENTS/PERMITS

COMMERCIAL AUTO POLICY

BUSINESS AUTO POLICY
OTHER
Un
derwriter’s representative for claims pursuant to this
insurance.
$ Name:

Address:

1. 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.

3. 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. 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. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.

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

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

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

Signature
(original signature required)
Telephone: ( ) Date Signed
Rev. 1/23 INS-A.doc
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305

EXHIBIT D

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Griffin Structures, Inc.)

RESERVED
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EXHIBIT E

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Griffin Structures, Inc.)

LIVING WAGE POLICY
Pursuant
to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in all standard Consultant/Professional Services contracts that may be governed by the Living Wage Policy.

Consultant shall compensate any employee of Consultant who provides Services under this Agreement in accordance with the Living Wage Policy , attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit. While this Agreement is in effect, Consultant shall pay such employee no less than $20.06 per hour for each hour that such employee provides Services under this Agreement. In addition, while this Agreement is in effect, Consultant shall provide to such employee no less than 96 hours of paid leave per calendar year.

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

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

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

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CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2025
Consultant
shall compensate any employee of Consultant who
provides Services under this Agreement in accordance with the Living Wage Policy , attached hereto and incorporated herein by reference as Exhibit E. While this Agreement is in effect, Consultant shall pay such employee no less than $20.06 per hour for each hour that such employee provides Services under this Agreement. This hourly rate shall be adjusted on July 1, 2025, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982-84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, Consultant
shall provide to such employee no less than 96 hours of paid leave per calendar year.
a.

Consultant agrees to post, at a location readily accessible to those employees providing Services to the City, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002 and effective October 1, 2002.
b. If Consultant fails to compensate such employee pursuant to the Living Wage Policy , the City Manager or designee shall terminate this Agreement on written notice to Consultant, effective immediately. c.

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EXHIBIT F

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Griffin Structures, Inc.)

PREVAILING WAGE

1. Consultant acknowledges that the Project defined in the Agreement between Consultant 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. Consultant shall perform the Project as a public work.

Consultant 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. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.

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

4. Consultant 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.

Consultant 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 Consultant or any subcontractor.

The
Labor Commissioner shall determine the amount of the penalty as described in Section 1775.

5. Consultant shall comply with Labor Code Section 1776, which requires Consultant 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.

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6. Consultant 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, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding the Project, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

7. Consultant 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, Consultant must immediately notify City
.

8. Consultant 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.

Consultant 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. Consultant acknowledges that 8 hours labor constitutes a legal day’s work.

Consultant shall comply with and be bound by Labor Code Section 1810.

10. Consultant shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25 for each worker employed in the performance of this Agreement by Consultant 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 Consultant’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.
1 1. The Project listed in the Agreement is subject to compliance monitoring and enforcement by the DIR.

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12. Consultant 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. Consultant 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. Consultant 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, Consultant shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent, Consultant shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify City, its legislative bodies, and its officials, of ficers, 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 Consultant, its subcontractors, and each of their officials, of ficers, 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 Consultant under this Section shall survive Agreement termination.

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CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.9

DATE: October 21, 2025

TO: City Council

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

SUBJECT: Second Amendment to Professional Services Agreement 32400346 with Huitt-Zollars, Inc. for the 4th Street Mobility Improvements and Downtown Bus Stop Improvements Projects.

RECOMMENDATION

That the City Council approve and authorize:

1. The Mayor to execute a Second Amendment to an Agreement with Huitt-Zollars, Inc. in the amount of $33,969.64 for a new, not-to-exceed agreement value of $806,023.11 and extend the term to June 30, 2028, for the purpose of providing bid and construction phase assistance for the 4th Street Mobility Improvements Project (C2204); and

2. A project budget appropriation of $74,152 from the available fund balance in the Mobility Fee Fund (Fund 350, subfund 8055) to the 4th Street Mobility Improvement Project (C2204) and corresponding Capital Outlay Fund (301) transfer in/appropriation in the same amount.
(This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program (CIP) budget, which was previously approved by the City Council.)

BACKGROUND

The CIP projects titled 4th Street Mobility Improvements and Downtown Bus Stop Improvements have goals of enhancing and, therefore, promoting the use of the 4th Street corridor to better and more safely attract and accommodate bicycle, pedestrian, and public transit modes of travel. This combined project will visually and functionally link the transportation hub of the John C. Zaragoza Oxnard Transit Center (JZOTC) with the resources of Downtown Oxnard and beyond. The majority of the project will extend from C Street to the JZOTC, with minor pavement marking work and signage continuing along Meta Street to 6th Street. The scope of the work will generally include the construction of streetscape enhancements such as sidewalks, Light Emitting Diode (LED) street and sidewalk lighting, curb extensions, Americans with Disabilities Act (ADA) improvements, traffic signal modifications, bike features (dedicated lanes, parking racks), benches, major bus stop improvements at B Street, resurfacing, decorative pavements, drainage improvements, and bus shelters with real-time arrival information displays.

Beyond the engineering design and bid phase, the construction of this project is partially funded through a partnership and agreement between the City and the Many Mansions organization. This partnership was established by City Council action originating on June 1, 2021, and by the subsequent ratification of an agreement signed on May 17, 2022. By including the 4th Street Mobility CIP project into Many Mansions' larger housing effort, Many Mansions was able to receive state Affordable Housing and Sustainable Communities (AHSC) program grant funding for both their Central Terrace Apartments affordable housing project and the City’s 4th Street Mobility CIP project. The terms of the agreement are such that the City agreed to fund the cost of the construction of the 4th Street Mobility Project for the differential amount beyond the grant received from AHSC; this sum will not be known absolutely until the actual bids are received. However, for a rough-order-of-magnitude estimate, the grant amount from Many Mansions is expected to be approximately $5.1M, while the current Engineer’s estimate for construction is about $9.9M (including a 10% 312
contingency), leaving a cost difference of approximately $4.8M to be funded by the City. There are deadlines associated with both the AHSC housing grant and the CIP project transportation grant, necessitating timeliness to solicit the project for construction.

Capital Improvement Program (CIP) Reference:

Project No. C2204 – 4th Street Mobility Improvements Project – CIP 2025-2029 - Adopted June 4, 2024 – Page 45.

Project No. C2415 – Downtown Bus Stop Improvements Project – CIP 2025-2029 - Adopted June 4, 2024 – Page 109.

DISCUSSION

Huitt-Zollars (HZ) was awarded a Professional Services Agreement (#32400346) for the design of the 4th Street Mobility Improvements project on February 6, 2024. The February 6, 2024, staff report (attached for reference) listed out several tasks to be performed by HZ, including professional services for engineering support during the bid and construction phases. The inclusion of these two services in the staff report was an error. Neither the scope of work attached to the City Council-approved Agreement nor the cost proposal submitted by HZ included these two tasks. Even though not included in the original scope, these services are still needed as the project transitions into the bid, award, and construction phases. As such, at this time, staff recommends amending the existing contract with HZ to include these services so that they are available when the City enters into the bid and construction phases of the project.

It should be noted that two changes to the initial design scope were made since the award of contract to HZ. One original requirement of the AHSC grant was to provide downtown public restroom facilities as part of the 4th Street Mobility project. However, because the scope of an unrelated yet concurrent and adjacent CIP project, the Oxnard Transit Center Improvements, includes the addition of a prefabricated Exeloo unit, it was decided to remove the restroom design from the 4th Street Mobility effort. As a result, the grant funder (AHSC) adjusted its construction cost estimate and corresponding funding amount down by $254,633. It should be noted that this amount would not nearly be enough to cover the cost of a new restroom somewhere along 4th Street. Additionally, midway through the design phase, it was realized through both internal staff discussion and input received from the community via project outreach meetings that additional design features were important to be added. These include the addition of power outlets at each street tree well (for holiday lighting), and purpose-built cross-street banner poles to advertise City events. Both of these changes were addressed with a contract amendment, Amendment 1, with HZ.

The scope of services in this proposed amendment includes engineering support through the bid and until the end of the construction phase. Some specific tasks include addressing requests for information (RFIs), producing bid addenda, processing and approving contractor submittals related to materials/parts included in the design, resolving design issues encountered in the field (if necessary), and other unforeseen construction-related items that may arise, all at the direction of City staff. These services are best and most appropriately provided by the Designer of Record (HZ, in this case), because of their familiarity with the design, and the inherent assumption of liability (and associated risk) that would be a consequence of City staff interpreting the design and then responding to contractor technical inquiries.

At this time, the design phase is complete; this work was funded through a California Transportation Commission (CTC) Active Transportation Program (ATP) grant. This grant’s applicability was limited to work in the design phase, and has been leveraged in its entirety for that purpose. Since professional bid and construction support are needed, and grant funds are no longer available, it is recommended that the City’s Transportation Mobility Fee funds (which are developer impact fees) be employed to cover the costs of the bid and construction phase services.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

There is currently a remaining contract capacity of $57,702.36 available in Agreement 32400346 with HZ for the 4th Street Mobility Improvement Project (C2204) in the amount of $40,181.86 and the Downtown Bus Stop Improvements Project (C2415) in the amount $17,520.50. To accommodate the recommended bid and construction-phase support 313
services in the amount of $91,672.00, staff is requesting to increase the original contract capacity by $33,969.64, from $772,053.47 to a new, not-to-exceed value of $806,023.11. This will increase the contract capacity by $74,151.50, which is recommended to complete these services. However, a budget appropriation to the 4th Street Mobility Improvement Project (C2204) to support all of these services is needed. Therefore, staff is requesting $74,152.00 from the Mobility Fee Fund (Fund 350, subfund 8055) to be appropriated to the 4th Street Mobility Improvement Project (C2204). The Mobility Fee Fund has sufficient fund balance to cover the cost of this appropriation. It should be noted that the state grant funding previously awarded to the 4th Street Mobility Improvement Project (C2204), and used to cover the design costs for this project, is no longer available as it was specific to the design phase and has since expired. Any remaining appropriated amount from that grant will be adjusted administratively.

Project Funding Source
FY 26 Budget
Allocation
New
Appropriation
Revised Budget
Allocation
4th Street
Mobility
Improvements
Project
(C2204)
Mobility Fee
Fund - 350
Sub-fund 8055
$0 +$74,152.00 $74,152.00
Downtown Bus
Stop
Improvements
Project (C2415)
Circulation
System Impr
Fund - 350
Sub-fund 8040
$17,520.50 $0 $17,520.50
TOTAL $17,520.50 +$74,152.00

$91,672.50

COMMITTEE OUTCOME

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

Prepared by: Morgan Kessler, City Engineer

ATTACHMENTS

1. Huitt-Zollars, Inc. Second Amendment

2. Agreement 32400346 and First Amendment

3. June 1, 2021 Staff Report

4. Many Mansions Agreement

5. February 6, 2024 Staff Report

314
Agreement No. 32400346

SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
This Second Amendment ("Second Amendment") to the Professional Service ("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 Huitt-Zollars, Inc. ("Consultant"). This Second Amendment amends the Agreement entered into on February 7, 2024, by City and Consultant. The Agreement previously has been amended on June 26, 2025, by a First Amendment.

City and Consultant agree as follows:

1. 2028."

2. In Section 5 of the Agreement, the Agreement End Date is amended to "June 30, The amount in Section 6 of the Agreement is hereby amended to $806,023.11.

3. The reference to the Scope of Services Exhibit A everywhere it is listed in the Agreement is hereby amended to add also the Scope of Services Exhibit A-1. The Scope of Services Exhibit A-1 is attached hereto and incorporated herein by this reference

4. The reference to the Schedule of Compensation Exhibit B everywhere it is listed in the Agreement is hereby amended to add also the Schedule of Compensation Exhibit B-2025-1.

The Schedule of Compensation Exhibit B-2025-1 is attached hereto and incorporated herein by this reference.

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

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Agreement No. 32400346

SECOND AMENDMENT TO PROFESSIONAL SERVICE AGREEMENT (V-01-17-19)

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

CITY OF OXNARD HUITT -ZOLLARS, INC.

☐Luis A. Mc Arthur, Mayor1 Date Kevin Carter, Vice President Date ☐Jennifer Hiraoka, Purchasing Agent 2

Cliff Wall, 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 $220,000. 2 The Purchasing Agent may execute any authorized agreement up to $220,000. 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.

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Agreement No. 32400346

SECOND AMENDMENT TO PROFESSIONAL SERVICE AGREEMENT (V-01-17-19)

EXHIBIT B-2025-1

CONSULTANT/PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Huitt-Zollars, Inc.)

SCHEDULE OF COMPENSATION
_______________________________________________________________

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Agreement No. 32400346

SECOND AMENDMENT TO PROFESSIONAL SERVICE AGREEMENT (V-01-17-19)

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CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. N.2

DATE: June 1, 2021

TO: City Council

FROM: Emilio Ramirez, Housing Director, (805) 385-8094, [email protected]

SUBJECT: Central Terrace Apartments - In-Lieu Loan Agreement and Affordable Housing and Sustainable Communities Program (AHSC) Implementation Agreement. (0/10/5)

RECOMMENDATION

That the City Council:

1. Authorize the Mayor to execute an Affordable Housing In-Lieu Loan Agreement and Regulatory Agreement with Many Mansions, a non-profit affordable housing provider, providing gap financing in the amount of $1,250,000 for the construction of eighty-six (86) affordable rental units and one (1) unrestricted manager’s unit commonly known as the Central Terrace Apartments located at 217- 235 East 6th Street, Oxnard, CA 93030;

2. Approve a budget appropriation of $1,250,000 from the Oxnard Housing In-Lieu Fees Fund;

3. Authorize the City Manager or designee to make necessary corrections or modifications to the In-Lieu Loan Agreement, Regulatory Agreement, Deed of Trust, or Promissory Note in order in order to make them consistent with each other; and

4. Authorize the Mayor to execute an Implementation Agreement with Many Mansions to receive pass-through grant funding associated with Central Terrace Apartments’ Affordable Housing and Sustainable Communities Program application.
(This item did not originate in the Committee due to a pending Appeal, which has since been withdrawn, at the time this agenda item was scheduled to be published for the May 11, 2021 Community Services, Public Safety, Housing and Development Committee meeting.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/22dmJZvDPSc

BACKGROUND

Many Mansions is a non-profit housing organization that works to provide affordable housing to households with very- low and low-incomes by constructing new or acquiring and rehabilitating existing housing units, in partnership with Cities and other local organizations. Since its founding over forty years ago, Many Mansions has acquired and managed over 600 units of affordable housing at twenty properties throughout Ventura County. Many Mansions is also a service provider offering adult, children, and family services.

Many Mansions purchased the approximately half-acre site located at 217- 235 East 6th Street, in downtown Oxnard, in 421
February 2020. The Central Terrace Apartments development will provide multi-family affordable rental housing units that will include eighty-six (86) affordable one-bedroom units, plus one (1) two-bedroom unrestricted manager’s unit.

Thirty-five (35) One-Bedroom Units will be provided for households at or below thirty-percent of the area median income. These units will be permanent supportive housing units and will be made available to house homeless individuals and families. Twenty (20) Units will be provided at fifty-percent of the area median income, and thirty-one (31) units will be provided for households at or below sixty-percent of the area median income. The current California Department of Housing and Community Development state income limit for a household earning up to thirty percent of the area median income in a one-bedroom unit is up to $27,100; for a household earning up to fifty percent of the area median income in a one-bedroom unit up to $45,200; and for a household earning up to sixty percent of the area median income in a one-bedroom unit is up to $47,430. Additional affordability restrictions on the project are described in the Financing Plan, Development Schedule, and Loan Agreement section of the report.

The project will include four stories of residential units above a podium (concrete first floor) with an elevator, the ground floor will include approximately 2,375 of common space, office space, restrooms, and a kitchenette. Once construction of the development has been completed, Many Mansions will provide life enriching services free of charge on an ongoing basis, on site, for the residents including transportation coordination, case management services, and access to community and government resources.

Many Mansions received approval of a Major Downtown Design Development Review Permit at the Community Development Director Hearing held on April 21, 2021 and is scheduled to go to the Planning Commission on May 20, 2021 for consideration of a Density Bonus Permit in order to receive three development concessions.

In-Lieu Fees
In-Lieu fees are collected by the City from Developers who receive City Council approval to pay fees in-lieu of building the required minimum ten percent of affordable housing units in their projects, as required by the City’s Inclusionary Housing Ordinance for rental or for-sale products in projects with ten or more units. These In-Lieu fees are used to create affordable housing opportunities in the City by providing loans to developers for the construction of new affordable housing within the City of Oxnard. Many Mansions submitted a funding application to the City to support a financial gap of $1,250,000, with the use of the City’s affordable housing in-lieu fee funds for the construction of the Central Terrace Apartments.

Affordable Housing and Sustainable Communities Program
Many Mansions’ financing plan for the Central Terrace Apartments also involves submission of an application to the Affordable Housing and Sustainable Communities Program, which is administered by the Strategic Growth Council, a body under the California Department of Housing and Community Development. The Affordable Housing and Sustainable Communities Program funds land-use, housing, transportation, and land preservation projects to support infill and compact development that reduce greenhouse gas emissions. Funding for the Affordable Housing and Sustainable Communities Program is provided from the Greenhouse Gas Reduction Fund, an account established to receive Cap-and- Trade auction proceeds. The Affordable Housing and Sustainable Communities Program provides grants and/or loans, or any combination thereof, to achieve greenhouse gas emissions reductions through increasing accessibility of affordable housing, employment centers, and key destinations via low-carbon transportation resulting in fewer vehicle miles traveled through shortened or reduced trip length or mode shift from single occupancy vehicle use to transit, bicycling, or walking.

The Affordable Housing and Sustainable Communities program can fund up to $20 Million in loan funds for construction of affordable housing developments which can then be leveraged with other funding sources. The Affordable Housing and Sustainable Communities Program can also fund up to $10 million in grant funds under the same application for Housing Related Infrastructure, Sustainable Transportation Infrastructure, Transit-Related Amenities, or Program Activities.

As such, the City has also been asked by Many Mansions to assist in their Affordable Housing and Sustainable Communities Program application for their Central Terrace Apartments project so that the City may receive grant 422
funding to complete City planned sustainable transportation infrastructure and transit-related amenities related improvements in downtown in areas adjacent to and in close proximity to the project site.

The Sustainable Transportation Infrastructure, Transit-Related Amenities Notice of Funding availability was issued on February 26, 2021 and the deadline to submit the application is on June 8, 2021. This June 8th deadline is also part of the reason that staff could not take this item to the Committee once the Appeal was withdrawn on May 18, 2021.

DISCUSSION
The total cost for construction of the Central Terrace Apartments is $44,821,109. Once the 86-unit project is placed in service, through a separate action, Many Mansions will request thirty-five project-based vouchers from the Oxnard Housing Authority. As part of the project-based voucher proposal, supportive services, as described in this report, will be provided on-site in accordance with the Oxnard Housing Authority’s Administrative Plan.

Financing Plan, Development Schedule, and Loan Agreement An assessment of Many Mansions’ proforma and company background was conducted by the City in which it was determined that the requested $1,250,000 funding equates to less than three percent of the total estimated project costs.

Many Mansions is a successful builder and manager of affordable housing throughout Ventura County and has several thriving rental projects, along with the capacity through their staffing to undertake and complete this project.

Many Mansion’s proposed permanent funding sources for the project are as follows:

City of Oxnard In-Lieu Fee Loan (City Funding): $1,250,000 MUFG Union Bank, N.A (Private Funding): $6,835,000
Affordable Housing and Sustainable Communities Loan (State Funding) : $15,219,821 Federal Home Land Bank Of San Francisco (FHLBSF) AHP (Federal Funding): $870,000 General Partner Equity (Private Funding): $100
Deferred Developer (Private Funding): $1,554,300
Tax Credit Equity (Federal Funding): $19,091,888.

If Many Mansions is able to secure all of the private and public funding listed above in their first attempt, then Many Mansions would begin construction in June 2022 and complete construction in Spring 2024.

The City’s Affordable Housing In-Lieu Loan Agreement for a gap-financing loan of $1,250,000, will require the Central Terrace Apartments development to provide eight (8) one-bedroom permanent supportive housing units for homeless households with annual incomes at or below fifty-percent of the area median income. All eight units will carry a fifty- five-year affordability restriction which will match the term of the Affordable Housing In-Lieu Loan Agreement. The density bonus permit that the Central Terrace Apartments is requesting as part of their land use application with the City also carries a fifty-five-year restriction on an additional fourteen (14) units. Those 14 units must be made available for rent to households with annual incomes at or below fifty percent of the area median income. The current California Department of Housing and Community Development state income limit for a one-person household earning up to fifty percent of the area median income is $39,950 and goes up to $45,200 for a two-person household in Ventura County.

The restrictions will be enforced via a recorded regulatory agreement executed between Many Mansions and City for the In-Lieu units and a separate density bonus agreement for the density bonus units between the City and Many Mansions to 423
ensure that the units remain affordable and are provided to eligible income qualified tenants.

The eight (8) in-lieu units will require financial reporting and analysis annually to comply with In-Lieu loan requirements. Monitoring fees for the fifty-five-year term are included in the Developer’s budget so that the City is able to recover the cost of the monitoring.

The loan agreement between the City and Many Mansions would be inclusive of a promissory note, deed of trust, and regulatory agreement. Other loan terms associated with the City’s Affordable Housing In-Lieu loan are summarized below:

1. Three percent simple interest; and

2. Repayment of the City Loan will be on a residual receipts basis to be paid after all operating expenses, reserves, debt service with mandatory payments, investor management fee, deferred developer fee, and partnership management fee, with fifty percent of the residual receipts split pro-rata among all soft lenders based on the original principal amount of each soft lender loan; and

3. Many Mansions is required to secure all project financing and close on their construction loan by May 2025, or sooner.

If Many Mansions does not meet this timeline, the agreement is automatically terminated. If Many Mansions is able to meet this timeline, then the term of the agreement is fifty-five years from the date Many Mansions closes on their permanent financing.

Affordable Housing and Sustainable Communities Program Participation City Staff has coordinated with Many Mansions and the Ventura County Transportation Commission to identify bicycle, pedestrian, and transit projects that can qualify for the Affordable Housing and Sustainable Communities grant component. Staff recommends that the City solicit grant funds for sustainable transportation infrastructure and transit- related amenities related improvements for the City’s Fourth Street Mobility Improvement Project, which is included in the City’s 2021-2026 Capital Improvement Program, and for design and installation of Downtown Oxnard Transit Amenities. The Fourth Street Mobility Improvement Project extends from C Street east to the Oxnard Transit Center (at 4th and Meta Streets), south along Meta Street to 6th Street. The project includes the design and construction of sidewalks, curb extensions, disability improvements, traffic signal modifications, bike detection, class II on-street bike lanes, bike racks, benches, B Street transit hub improvements, resurfacing, drainage improvements, signage, striping, and a new restroom. The Fourth Street Mobility Improvement Project is included in the City’s 2021-2026 Capital Improvement Program (CIP).

The City is working with the Gold Coast Transit District to develop the Downtown Oxnard Transit Amenities project to coordinate the design and installation of bus shelters, benches, bike racks, lighting, and real-time arrival signs at fifty-four transit stops in Downtown Oxnard. The project will be included in the City’s 2022-2027 CIP. The combined cost of both projects is estimated to be $5,409,200 and would be carried out by the City’s Public Works Division and be subject to an implementation agreement between the City and Many Mansions, which is further discussed in this report.

Many Mansions’ application for the Affordable Housing and Sustainable Communities Program will also request that a portion of the grant funds be used for Ventura County Transportation Commission vehicle acquisition. Ventura County Transportation Commission will be the lead agency for the Ventura County Transportation Commission vehicle acquisition, with a not to exceed estimate of $2.25 million. These Affordable Housing and Sustainable Communities grant funds would be subject to a separate implementation agreement between Ventura County Transportation Commission and Many Mansions.

The final cost estimate for each sustainable transportation infrastructure and transit-related amenities project will be included in the final grant application, which will become part of the final agreement. 424
Implementation Agreement between Many Mansions and the City The City and Many Mansions are required to enter into an implementation agreement in order to comply with the Affordable Housing and Sustainable Communities program’s experience requirement. Staff recommends that the City execute a separate agreement with Many Mansions for the completion of the sustainable transportation infrastructure or transit-related amenities components included in the Affordable Housing and Sustainable Communities application.

Many Mansions, as the sole applicant, would receive all of the grant funds. The proposed terms of the implementation agreement between the City and Many Mansions are summarized below:

1. If awarded Grant funds, up to $5,409,200 thereof shall be transferred to the City for the purpose of constructing sustainable transportation infrastructure and transit-related amenities improvements;

2. The City would be the lead agency to design and construct the Fourth Street Mobility Improvement Project and Downtown Oxnard Transit Amenities projects;

3. The City will submit to Many Mansions all cost invoices and draw requests for the transit funds that are associated with the proposed improvements;

4. The City will complete the proposed improvements no later than the deadline required under the Affordable Housing and Sustainable Communities grant documents;

5. Many Mansions must receive final approval from the City of their Affordable Housing and Sustainable Communities application prior to submission;

6. The agreement will terminate upon the earlier of: the completion of all obligations under the Affordable Housing and Sustainable Communities requirements; or (ii) mutual agreement of both the City and Many Mansions; or (iii) the occurrence of an Event of Default;

7. The agreement will automatically terminate if Many Mansions does not receive an award of the Affordable Housing and Sustainable Communities funds to construct the Central Terrace Apartments affordable housing development and grant funds for the City to construct sustainable transportation infrastructure and transit-related amenities improvements.

If grant funding is awarded in an amount less than requested, or if the final cost for design or construction increases at the time of bid and award, the City will be responsible for funding cost overages. However, if grant funding is awarded in an amount less than requested, the City will also have the discretion to reject the grant funds and its commitment to the sustainable transportation infrastructure and transit-related amenities improvement projects.

If the City accepts the grants funds, the City would begin construction of the sustainable transportation infrastructure and transit-related amenities improvements by Summer 2024 and would complete construction by January 2025. Final disbursement of all funds would occur by June 2025.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

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Approval of the recommended actions will:

Authorize an appropriation of $1,250,000 of the City’s Affordable Housing In-Lieu funds to award a gap-financing loan to Many Mansions for the development of the Central Terrace Apartments into the following account: 371-5135-804- 8364 (Housing Assist Loan). The current fund balance in the In-Lieu fund is: $ 3,149,296.

There is no immediate financial impact to the approval of the Affordable Housing and Sustainable Communities Program Implementation Agreement between the City and Many Mansions. However, the Affordable Housing and Sustainable Community Program grant funds are disbursed on a reimbursement basis. If Many Mansions is awarded Affordable Housing and Sustainable Communities grant funds, Public Works staff will return to Council to identify the initial funding source and recognize appropriate funds for the City to complete the Fourth Street Mobility Improvement Project and Downtown Oxnard Transit Amenities improvements on a reimbursable basis.

COMMITTEE OUTCOME

This item did not originate in the Committee. The item was originally scheduled for the May 11, 2021 Community Services, Public Safety, Housing and Development Committee meeting. However an appeal was filed on May 3, 2021 regarding the approval of the Major Downtown Design Review Permit issued at the Community Development Director’s Hearing held on April 21, 2021. However, this appeal has subsequently been withdrawn by the appealing party and the Major Design Review Permit for the Central Terrace Apartments remains valid and in effect. The appeal also delayed the Planning Commission’s consideration of the density bonus application associated with the project. At the time this agenda was printed, the Planning Commission consideration of the permit had not yet occurred. It will be considered on May 20, 2021.

The Affordable Housing and Sustainable Communities program application submission deadline is June 8, 2021. An executed Implementation Agreement between the City and Many Mansions is required in order to comply with the Affordable Housing and Sustainable Communities program’s experience requirement. Due to the project appeal, which was withdrawn on May 18th, staff did not have sufficient time to take this item to a committee meeting and still meet the June 8th grant deadline.

Prepared by: Emilio Ramirez, Housing Director

ATTACHMENTS

1. Attachement 1 - Affordable Housing Loan Agreement

2. Implementation Agreement

3. MM In-Lieu Loan & AHSC Implementation Agreement REVISED 5.12.21 Draft PPT V4

4. Budget Appropriation
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CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.5

DATE: February 6, 2024

TO: City Council

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

SUBJECT: Professional Services Agreement 32400346 with Huitt-Zollars, Inc. for the 4th Street Mobility Improvements and the Downtown Bus Stop Improvements Projects.

RECOMMENDATION

That the City Council approve and authorize:

1. The Mayor to execute an Agreement with Huitt-Zollars, Inc. in the amount of $772,053.47 for architectural and engineering design services for the 4th Street Mobility Improvements Project (C2204) and the Downtown Bus Stop Improvements Project (C2415); and

2. A budget appropriation of $175,834.83 from the available fund balance of the Circulation System Improvement Fees Fund 350 to the Downtown Bus Stop Improvements Project (C2415).

(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 4th Street Mobility Improvements objective is to promote and accommodate more pedestrians and bicyclists to access downtown Oxnard from surrounding neighborhoods and from the Oxnard Transit Center. The Project will extend from C Street to the Oxnard Transit Center along Meta Street to 6th Street and will include design and construction of sidewalks, curb extensions, American with Disabilities Act (ADA) improvements, traffic signal modifications, bike detection, class II on-street bike lanes, bike racks, benches, B Street transit hub improvements, resurfacing, drainage improvements, signage, and striping. This scope of work is funded through a California Transportation Commission (CTC) Active Transportation Program (ATP) grant. The public restroom improvements, noted in the 4th Street Mobility Improvements project’s scope of work, will also be designed as part of this agreement, utilizing available funding from the Public Restroom Improvements Project (C2305).

The Downtown Oxnard Bus Stop Improvements objective is to improve bus stop amenities through the design and installation of bus shelters, benches, bike racks, lighting, and real-time arrival signs at 54 transit stops in downtown Oxnard. Transit stop locations were selected by Gold Coast Transit District.

The improvements described above are tied to a housing development, Central Terrace Apartments, which is under construction through Many Mansions, a non-profit affordable housing provider. The housing project includes 86 affordable rental units located at 6th and Meta Street. The City’s transportation projects allowed Many Mansions to obtain $15M of housing infrastructure funding from the state Affordable Housing and Sustainable Communities (AHSC) program and $8M of AHSC funding for the construction phase of the transportation projects. There are deadlines associated with both the AHSC housing grant and the ATP transportation grant, necessitating the expediency of this design agreement.

Capital Improvement Program (CIP) Reference:
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Project No. C2204 – 4th Street Mobility Improvements Project – Page 45; and Project No. C2415 – Downtown Bus Stop Improvements Project - Page 53 - CIP 2022-2027 - Adopted May 3, 2022.

DISCUSSION

Since the projects are located in the downtown area, and in an effort to deliver the plans, specifications and estimates efficiently, the two projects are being designed together under one contract.

The specific work for the design phase includes developing a separate set of plans, specifications, and estimates for each project. The consultant is tasked with the following:

1. Project management including progress meetings, schedule, communications, coordination, quality assurance and quality control, and monthly invoicing.

2. Data gathering including site visits, preliminary investigations, permitting requirements, geotechnical investigation, and survey.

3. Public engagement including preparing presentations for up to three public meetings to convey the overall design concepts and seeking feedback.

4. Schematic design, including three design iterations prior to the final design.

5. Design development for construction bid-ready plans, specifications, and estimates.

6. Final design drawings.

7. Bid phase assistance.

8. Construction phase assistance.

The Purchasing Department published Request for Proposal (RFP) PW 24-04 for Engineering Services for 4th Street Mobility Improvements and Downtown Oxnard Bus Stop Improvements Project on July 27, 2023, with a proposal due date of August 31, 2023. RFP PW 24-04 received one (1) proposal with proposed fees from the following engineering firm:

Huitt-Zollars, Inc. $772,053.47

The proposal was reviewed by two staff members and a consultant consisting of the City’s Assistant City Engineer, Development Manager with the City’s Housing Department, and the City’s on-call consultant project manager with m6 Consulting, Inc. The scoring criteria consisted of the proposer’s relevant experience, responsiveness, technical competence, past record of similar work, capacity to complete the scope of work, and proposed cost. Staff have confirmed that Huitt-Zollars meets all required City contractual provisions, including possession of a City business tax certificate, insurance certificates, and corporate filing with the California Secretary of State. Based upon the available information, research performed to date, and an interview with the firm, staff believes that Huitt-Zollars is capable of satisfactorily providing the necessary services and recommends awarding the professional services agreement.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

The Agreement 32400346 with Huitt-Zollars, Inc. for both the 4th Street Mobility Improvements Project and the Downtown Bus Stop Improvement Projects shall not exceed a total of $772,053.47.

The design cost for the portion associated with the 4th Street Mobility Improvements Project (C2204) is $504,158.64.

C2204 has an available project budget appropriation for design, in the amount of $641,900 from the Transportation Grant State (Fund 210).

The portion associated with the restroom design is $92,060 and will be funded through the Public Restroom 436
Improvements project (C2305), which has an available project budget appropriation in the amount of $1,510,476 from the General Fund (101). Please note, that the grant funds for the design work awarded to the City are not eligible to be used on the restroom component. Therefore, the Public Restroom Improvements CIP project will be used for this part of the design.

There is a request for additional project budget appropriations of $175,834.83 from the available fund balance of the Circulation System Improvement Fee (Fund 350) for the design portion associated with the Downtown Bus Stop Improvement Project (C2415) to fully fund this agreement.

For Finance Use Only: Developer Impact Fees Fund - Circulation System Improvement (Fund 350 Org. 80401001 Obj. 59800), Capital Outlay Fund (Org. 3013102 Obj. 49300/53200) Project C2415; State & Local Grants Fund (Og. 2101001 Obj. 59800), Capital Outlay Fund (Org. 3013102 Obj. 49300/53200) Project C2204; General Fund (Org. 1011001 Obj. 59800), Capital Outlay Fund (Org. 3013301 Obj. 49300/53200) Project C2305

COMMITTEE OUTCOME

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

ATTACHMENTS

1. 32400346 Huitt-Zollars

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CITY COUNCIL AGENDA REPORT

PUBLIC HEARINGS
AGENDA ITEM NO. M.1

DATE: October 21, 2025

TO: City Council

FROM: Jeff Pengilley, Community Development Director, (805) 385-8208, [email protected]

SUBJECT: Zone Text Amendment (Permit No. 25-580-01) to allow Agricultural and Construction Vehicles Sales and Incidental Repair and Service uses in the Heavy Manufacturing (M-2) Zone (20 minutes).

RECOMMENDATION

That the City Council:

1. Conduct a public hearing to receive public testimony concerning the adoption of the Zone Text Amendment to Oxnard City Code Chapter 16, Article III, Division 11, Section 16-163 for properties located within the City of Oxnard zoned Heavy Manufacturing; and

2. Find the Zone Text Amendment to be Categorically Exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(C)(2) & (3) (Preliminary Review) and 15061(b)(3) (Review for Exemption); and,

3. Approve the first reading by title only and waive further reading of the proposed Ordinance titled:
“ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD APPROVING PLANNING AND ZONING PERMIT NO. 25-580-01 (ZONE TEXT AMENDMENT) TO AMEND OXNARD CITY CODE CHAPTER 16, ARTICLE III, DIVISION 11, SECTION 16-163 TO INCLUDE THE AGRICULTURAL AND

CONSTRUCTION VEHICLES SALES WITH INCIDENTAL REPAIR AND SERVICE USE AS A PERMITTED USE WITHIN AREAS ZONED HEAVY MANUFACTURING (M-2). FILED BY DESIGNATED AGENT HOLLEE KING WINEGAR, 7584 EISENHOWER ST, VENTURA CALIFORNIA 93003, ON BEHALF OF THE PROPERTY OWNER, TODD INDUSTRIAL PARK, 5755 VALENTINE ROAD, SUITE 203, VENTURA, CALIFORNIA 93003”.
(This is a Public Hearing and was reviewed by the Planning Commission, therefore this item did not originate in Committee.)

Please click on the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/-pKU- SFSL8c

BACKGROUND

The applicant requests a Zone Text Amendment (ZTA) to allow the “Agricultural and Construction Vehicles Sales with Incidental Repair and Service” use in the Heavy Manufacturing (M-2) zone with the approval of a Development Design Review (DDR) permit. A DDR permit is an administrative-level discretionary review which is subject to approval by the Community Development Director. A DDR is required for all new buildings or structures, unless another permit is required. A DDR is also required for some uses. For the purposes of this staff report, the foregoing project description shall be referred to as the “Project ”. The project was filed by the Julie McCaslin, Todd Industrial Park (the “Applicant”), 5755 Valentine Road, suite 203, Ventura California 93003.

The Planning Commission (PC) reviewed and recommended Council approval of the subject Zone Text Amendment (ZTA) on August 7, 2025, no questions were raised by the Commissioners. The final motion carried 5 (in favor) - 0 438
(against), with one commissioner absent.

DISCUSSION

Zone Text Amendment

This Zone Text Amendment would be applicable to all areas zoned Heavy Manufacturing (M-2), which are generally located within the industrial areas south of Fifth Street, east of Commercial Avenue, west of Rose Avenue and north of Wooley Road; for areas south of McWane Boulevard and west of Edison Road; and for areas north of Fifth Street, south of Sturgis Road, east and west of Del Norte Road (see Attachment 2). There are approximately 29 Parcels zoned M-2 within the City Limits.

General Plan Consistency

The proposed Project does not conflict with the General Plan Land use, goals, and policies. The General Plan designation for the areas in which the zone text amendment is being proposed is Industrial Heavy and Central Industrial Area. The Industrial Heavy and Central Industrial Area land use designations are primarily categorized for outdoor industrial uses and or for uses within specialized structures that may involve transportation, storage, or use of hazardous materials. The proposed zone text amendment will be consistent and compatible with the City’s General Plan Land Use designation as the proposed land uses consists of outdoor display of large agricultural and construction equipment, sales, and other ancillary services similar in kind to the existing land uses established in the Industrial Heavy and Central Industrial Area Land Use designations.

Zoning Consistency

The proposed Zone Text Amendment is consistent with the purpose and intent of the M-2 Zone: “The purpose of the M-2 Zone is to provide areas for industrial uses that are primarily outdoor and/or within specialized structures that may involve general manufacturing, processing, and/or fabrication activities, including outdoor storage and manufacturing, that are specifically excluded from other industrial zones and which do not require highly restrictive performance and development standards in regard to adjoining uses.” (Oxnard City Code (OCC)16-660) In addition, this use is similar to other permissible uses currently allowed in the M-2 zone such as marine equipment sales with incidental repair and service, mobile home sales and display, vehicle service stations, and freight classification yard, including truck and bus storage.

The amendment to OCC Chapter 16, Article III, Division 11, Section 16-163 Industrial Land Use by Zone: Industrial Land Use Matrix, would allow for the sales of agricultural and construction equipment such as heavy duty agricultural tractors, large equipment agricultural attachments, plate compactors, large construction bulldozers, trenchers, tractor loaders, motor graders loaders, and crane trucks in large industrial areas suitable for the size of the vehicles and equipment in the M-2 zone. For more information regarding the Industrial Land Use Matrix, please refer to Attachment 5, Exhibit A, of the proposed City Council Ordinance.

Environmental Review

In accordance with Sections 15060 (Preliminary Review) and 15061 (Review for Exemption) of the California Environmental Quality Act (CEQA) Guidelines, the proposed ZTA is a regulatory action which will not result in direct or reasonably foreseeable indirect physical change in the environment and when it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment are not subject to CEQA.

Furthermore, the proposed project activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment because no development is being proposed as part of the ZTA and any future development will be reviewed in accordance with the State CEQA Guidelines and City’s adopted CEQA thresholds requirements. On August 7, 2025, the Planning Commission found the Project exempt from CEQA and approved this item 5-0 (with one commissioner absent).

STRATEGIC PRIORITIES

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This agenda item supports the Economic Development strategy. The purpose of the Economic Development strategy is to focus on the retention and expansion of Oxnard businesses by increasing the skills and employability of our local workforce, invite new business investments, and target site-based redevelopment opportunities.

FINANCIAL IMPACT

There is no fiscal impact associated with this agenda item.

COMMITTEE OUTCOME

This is a Public Hearing and was reviewed by the Planning Commission (PC), therefore this item did not originate in Committee. During the Commission’s public hearing on August 7, 2025, no questions were raised by the Commissioners.

The Planning Commission meeting can be viewed online at the following link: August 7, 2025 - https://youtu.be/gsC0EfwchqI

The final motion carried 5 (in favor) - 0 (against), with one commissioner absent.

Attachment 3 reflects the Commission’s recommended action to the City Council.

Prepared by: Juan Carlos Torres, Associate Planner

ATTACHMENTS

1. August 7, 2025, PC Staff Report-(without Attachments)

2. Map of Existing M-2 Zones-City Wide

3. Planning Commission Zone Text Amendment Resolution 2025-21

4. Notice of Exemption

5. City Council Ordinance

6. City Council Staff Presentation

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LANNING COMMISSION

STAFF REPORT
TO: Planning Commission
FROM: Juan Carlos Torres, Associate Planner
DATE: August 7, 2025
SUBJECT: Project Name: Industrial Code Matrix Text Amendment; Planning and Zoning Permit No. 25-580-01 (Zone Text Amendment); The amendment is City Wide for areas zoned Heavy Manufacturing (M-2).
1) Recommendation: That the Planning Commission (“Commission”):
a) Find the project to be Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15060 (c ) (2) & (3) and 15601 (b)(3); and b) Adopt Resolution 2025-XX recommending that the City Council approve Planning and Zoning Permit No. 25-580-01 (Zone Text Amendment).
2) Project Description and Applicant: A request for a Zone Text Amendment (ZTA) to the Oxnard City Code (OCC) Chapter 16, Article III, Division 11, Section 16-163 Industrial Land Use By Zone: Industrial Land Use Matrix of the Oxnard City Code to allow Agricultural and Construction Vehicles Sales with Incidental Repair and Service Use within the City of Oxnard for industrial areas zoned Heavy Manufacturing (M-2). Agricultural and construction vehicles sales uses would require approval of a Development Design Review (DDR) Permit and shall comply with the development standards of the M-2 Zone. For the purposes of this staff report, the foregoing project description shall be referred to as the “Project”. Filed by the Julie McCaslin, Todd Industrial Park (the “Applicant”), 5755 Valentine Road, suite 203, Ventura California 93003
3) Background Information: Oxnard City Code Chapter 16, Article III, Chapter 11, Section 16-163, Industrial Land Uses by Zone: Industrial Land Use Matrix currently list Agricultural and Construction Vehicles Sales with Incidental Repair and Service use are permitted in the Limited Manufacturing (M-L) and Light Manufacturing (M-1) industrial zones with the approval of a Development Design Review Permit.

Agricultural
and Construction Vehicles Sales with Incidental Repair and Service use is not listed as a permitted use in the Heavy Manufacturing (M-2) Zone. The M-2 zone allows for other similar uses such as freight classification yard, including truck and bus storage, marine equipment sales with incidental repair and service, mobile home sales and display, outdoor storage or assembly as primary use, vehicle service stations, and vehicle storage under a DDR Permit or a Special Use Permit (SUP).
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Industrial Code Matrix Text Amendment
PZ No. 25-580-01 (Zone Text Amendment)
PC Hearing Date: August 7, 2025

Page 2 of 4 ends

4) Existing & Surrounding Land Uses: The Heavy Manufacturing (M-2) sub-zone accounts for all of the heavy manufacturing properties within the City of Oxnard. This represents approximately 29 parcels generally located within the industrial areas south of Fifth Street, east of Commercial Avenue, west of Rose Avenue and north of Wooley Road; for areas south of McWare and west of Edison Road; for areas north of Fifth Street, south of Sturgis Road, and east and west of the Del Norte Road (see Attachment A). The following table identifies the 2030 General Plan and zoning designations of the Project site and adjacent properties.

5) Environmental Determination: The proposed action is Categorically Exempt from the California Environmental Quality Act (CEQA) Guidelines Sections 15060 (C ) (2) & (3) and 15061 (b)(3) because this activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment and because the ZTA proposes to allow an Agricultural and Construction Vehicles Sales and Incidental Repairs and Service use for areas zoned M-2. No development is being proposed as part of the ZTA and any future development will be reviewed in accordance with the State CEQA Guidelines and City’s adopted CEQA thresholds requirements. Furthermore, the proposed ZTA is a regulatory action which will not result in direct or reasonably foreseeable indirect physical change in the environment and when it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment are not subject to CEQA. Therefore, Staff has determined that there is no substantial evidence that the Project will have a significant effect on the environment and recommends that the Planning Commission accept the Notice of Exemption (Attachment B), which will be filed in accordance with the CEQA Guidelines.

6) Project Analysis:
a) General Discussion: Pursuant to Oxnard City Code (OCC) Section 2-95, the Planning Commission is an advisory body which provides land use recommendations to the City Council on items such as General Plan Amendments, Specific Plans, Ordinance Amendments, Development Agreements and Zone Text Amendments.

Industrial Land Use Matrix of the Oxnard City Code to permit “Agricultural and Construction Vehicles Sales with Incidental Repair and Service” on industrial M-2 zones.

The proposed request for amendments to Article III, Division 11, Section 16-163 for M-2 industrial zones is to allow Agricultural and Construction Vehicles Sales with Incidental Repair and Service uses. The sales of agricultural and construction vehicles such as heavy duty agricultural tractors, large equipment agricultural attachments, plate compactors, large construction bull dozers, trenchers, tractor loaders, motor graders loaders, and crane trucks because of the size of the vehicles/equipment can only be accommodated in large industrial areas such as the M-L, M-1 and M-2 zones. The M-2 zone's compatible uses primary purpose is to provide areas for industrial uses that involve outdoor display of equipment and ancillary outdoor storage. The proposed use primarily consists of the sales and the displaying of large agricultural and construction equipment vehicles with

2 442
Industrial Code Matrix Text Amendment
PZ No. 25-580-01 (Zone Text Amendment)
PC Hearing Date: August 7, 2025

Page 3 of 4 ends

ancillary outdoor equipment and a sales office.

The construction and operations of agricultural and construction vehicles sales with incidental repair and service will require approval of a DDR Permit and shall comply with the development standards established for the M-2 zone. While the City has received inquiries regarding allowing the proposed use in the M-2, no formal applications for a project proposal have been submitted to date. No development is currently proposed as part of the proposed zone text amendment.

b) General Plan Consistency: Consistency with the 2030 General Plan is defined by the relationship between 2030 General Plan policies and the proposed Project. The proposed Project does not conflict with the General Plan Land use, goals, and policies. The General Plan designation for the areas in which the zone text amendment is being proposed is Industrial Heavy and Central Industrial Area.

The Industrial Heavy land use designation is primarily categorized for outdoor industrial uses and or for uses within specialized structures that may involve transportation, storage, or use of hazardous materials.

The Central Industrial Area land use designation, similar to Industrial Heavy Land Use designation, is characterized by uses which often involve outdoor uses and storage. The industrial area is predominated by agricultural processing and vehicle and equipment storage and repair.

The proposed zone text amendment will be consistent and compatible with the City’s General Plan Land Use designation as the proposed land uses consists of outdoor display of large agricultural and construction equipment, sales, and other ancillary services similar in kind to the existing land uses established in the Industrial Heavy and Central Industrial Area Land Use designations.

Furthermore, the proposed zone text amendment would be compatible with the City’s General Plan Goal CD-6-Compatible Agriculture, as the City continues to promote agriculture uses within the City’s Planning Area by allowing agricultural compatible and ancillary uses such as agricultural and construction vehicles sales with incidental repair and service in the M-2 zones, for the existing City’s agricultural industry. c) Zoning Code Designation Consistency: The purpose of the Heavy Manufacturing zone is to provide for industrial uses that are primarily outdoor and or within structures that may involve general manufacturing, processing ,and/or fabrication activities, including outdoor storage and manufacturing, that are specifically excluded from other industrial zones and which do not require highly restrictive performance and development standards in regard to adjoining uses.

3 443
Industrial Code Matrix Text Amendment
PZ No. 25-580-01 (Zone Text Amendment)
PC Hearing Date: August 7, 2025

Page 4 of 4 ends

The proposed zone text amendment to include “Agricultural and Construction Vehicles Sales with Incidental Repair and Service” use in the Land Use Matrix, M-2 zone, with the approval of a DDR permit would be consistent the Land Use Matrix for M-2 Zones, as other permissible uses currently listed in the M-2 zone are similar in kind; such as marine equipment sales with incidental repair and service, mobile home sales and display, outdoor storage as primary use, vehicle service stations, vehicle storage, and freight classification yard, including truck and bus storage. The existing listed permitted uses are similar to the proposed land use zone text amendment as it primarily consist of outdoor display, storage, and sales or large items or equipment which are typically found in heavy industrial areas.

In addition, the existing Land Use Matrix currently lists Agricultural and Construction Vehicles Sales with Incidental Repair and Service use in the Limited Manufacturing (M-L) and Light Manufacturing (M-1) zones with the approval of a DDR permit. The City’s M-L and M-1 zones are intended for manufacturing, wholesaling, warehousing, fabrication, indoor and outdoor assembly, storage, and limited outdoor storage associated with a primary use. The M-L and M-1 zones restrict outdoor storage as a primary use unless outdoor storage is ancillary to a permissible use but yet allows for Agricultural and Construction Vehicles sales with Incidental Repair and Service use. Therefore, the proposed zone text amendment can be justified as the proposed use is consistent with the intent of the M-2 zone and is currently permissible in other less intensive industrial zones.
7) Community Workshop and Public Input: Since the Project is city wide and is not specific to a General Plan designated neighborhood, the Project was not required to be presented to the community during a Community Workshop.

Consistent with public noticing requirements, the Planning Commission hearing was advertised in the local newspaper. To date, Planning Staff has not received any comments or inquiry from the public regarding the proposed Project.

8) Appeal Procedure: The action of the Planning Commission on the Zone Text Amendment is a recommendation of either approval or denial to the City Council.

Attachments:

A. Map of Existing M-2 Zones
B. Notice of Exemption
C. Draft Planning Commission Resolution Recommending Approval of PZ Permit No. 25-580-01 (Zone Text Amendment)
D. Staff Presentation

4 444
7/23/25, 9:08 AM M2 Zones.jpg
https://mail.google.com/mail/u/0/#search/salvador/FMfcgzQbfxjtZwLsgMdFnKSsFPXZJJWS?projector=1 1/1 445
RESOLUTION NO. 2025-21

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

OXNARD RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF ZONE TEXT AMENDMENT NO. PZ 25-580-01 ТO AMEND OXNARD CITY CODE (OCC) CHAPTER 16 (ZONING CODE) TO INCLUDE

AGRICULTURAL AND CONSTRUCTION VEHICLES SALES WITH
INCIDENTAL REPAIR AND SERVICE USE ТО ОСС CHAPTER 16,
ARTICLE III, SECTIONS 16-163 (INDUSTRIAL LAND USES BY ZONE:

INDUSTRIAL LAND USES MATRIX) FOR AREAS ZONED HEAVY
MANUFACTURING (M-2). FILED BY DESIGNATED AGENT HOLLEE
KING WINEGAR, 7584 EISENHOWER ST, VENTURA CALIFORNIA 93003,

ON BEHALF OF THE PROPERTY OWNER, TODD INDUSTRIAL PARK,
5755 VALENTINE ROAD, SUITE 203, VENTURA, CALIFORNIA 93003.

WHEREAS, the Planning Commission of the City of Oxnard has considered Zone Text Amendment (ZTA) PZ No. 25-580-01, filed by Hollee King Winegar on behalf of Todd Industrial Park, to amend Chapter 16 of the Oxnard City Code (OCC) pertaining to allowing Agricultural and Construction Vehicles Sales with Incidental Repair and Service on areas zoned M-2 within the City of Oxnard. The development of the use would require approval of a Development Design Review Permit and shall comply with the development standards as set in the OCC Code for M-2 zones. The zone text amendment would amend OCC Chapter 16, Article III, Sections 16-163 (Industrial Land Uses by Zone: Industrial Land Use Matrix) for allowed land uses zoned M-2; and use
WHEREAS, on August 7, 2025, the Planning Commission of the City of Oxnard ("Planning Commission") conducted a duly noticed public hearing to consider Applicant's request to approval of Planning and Zoning Permit Number 25-580-01 (Zone Text Amendment) to include Agricultural and Construction Vehicles Sales with Incidental Repair and Service use on areas zoned M-2 in accordance with the Oxnard City Code; and
WHEREAS, the Planning Commission received written and verbal comments from the public; and
WHEREAS, the Planning Commission finds that the proposed ZTA is in the public interest and reflects the input from residents, stakeholders in the community, and decision-makers. There are no changes recommended under the proposed ZTA that would reduce or compromise existing standards that protect the health, safety or general welfare of the City; and
WHEREAS, the proposed ZTA does not involve any direct physical changes to the environment. There are no changes in landforms or an intensification of land uses as a part of the proposed ZTA, and all public services for existing land uses will remain as-is with no changes and no diminishment of service or safety; and 446
Zone Text Amendment (PZ 25-580-01)
Planning Commission Hearing Date: August 7, 2025
Resolution No. 2025-21

Page 2 of 14 ends

WHEREAS, the proposed ZTA to Chapter 16 of the OCC, Section 16-163 (Industrial Land Uses by Zone: Industrial Land Use Matrix), herein attached as Exhibit 1, would establish specific provisions consistent with the 2030 General Plan; and WHEREAS, the adoption of Zone Text Amendment would be a reasonable exercise of the City's police powers to ensure the continued health, safety, and welfare of the public by allowing uses related to Agricultural and Construction Vehicles Sales with Incidental Repair and Service uses in areas zoned M-2 within the City of Oxnard; and WHEREAS, the Planning Commission determined that this action is exempt from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15060(c)(2) and (3) and 15061(b)(3) as this ZTA is a regulatory action which will not result in direct or reasonably foreseeable indirect physical change in the environment and when it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment are not subject to CEQA; and
WHEREAS, it is in the public interest, consistent with the 2030 General Plan and will further protect the public health, safety, and general welfare; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, that the proposed ZTA is consistent with the 2030 General Plan; and WHEREAS, the Applicant agrees that at its own expense, to indemnify, defend (with counsel selected by the City in its discretion) and hold harmless the City of Oxnard and its agents, officers and employees from and against any claims, actions or proceedings to attack, set aside, void or annul the approval of this ordinance or any actions or proceedings, acts or determinations taken, done or made before the approval of this ordinance that were part of the approval process.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Oxnard hereby recommends to the City Council adoption of the ordinance attached hereto as Exhibit 1.

SECTION 1. The foregoing recitals are true and correct and are hereby incorporated into the operative provisions of this Resolution.

SECTION 2. Based upon the foregoing recitals, the Planning Commission finds, for the above stated reasons, and the reasons set forth in the staff report, that the proposed ZTA presented as Exhibit 1 herein will not result in any new significant environmental impacts that were not addressed in the 2030 General Plan Program EIR, will not increase the severity of any previously identified impacts, and is exempt from CEQA under Guidelines Sections 15060(c)(2) and (3) and 15061(b)(3). 447
Zone Text Amendment (PZ 25-580-01)
Planning Commission Hearing Date: August 7, 2025
Resolution No. 2025-21

Page 3 of 14 ends

SECTION 3. The Planning Commission, based on the findings set forth herein, recommends that the City Council of the City of Oxnard adopt PZ No. 25-580-01 attached hereto as Exhibit A and incorporated herein by this reference to this Resolution.

SECTION 4. The Planning Commission hereby recommends that the City Council adopt the ordinance approving the ordinance amendment.

SECTION 5. The Secretary shall certify the adoption of this Resolution.

PASSED and ADOPTED by the Planning Commission of the City of Oxnard on this 7th day of August 2025 by the following vote:

Dr. Vincent Stewart, Vice Chair
I hereby certify that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Oxnard at a meeting held on the 7th day of August 2025, and carried by the following vote:

AYES: Commissioners: Dr. Stewart, Nash, Schuelke, Dr. Lopez, and Barcena NOES: Commissioners:

ABSENT: Commissioners: Chair Arruejo
ABSTAIN: Commissioners:

RECUSED: Commissioners:

НиJamie Reltier, Planning Supervisor
448
Zone Text Amendment (PZ 25-580-01)
Planning Commission Hearing Date: August 7, 2025
Resolution No. 2025-21

Page 4 of 14 ends

EXHIBIT A

ZONE TEXT AMENDMENT TO ALLOW AGRICULTURAL AND

CONSTRUCTION VEHICLES SALES WITH INCIDENTAL REPAIR
AND SERVICE USE TO HEAVY MANUFACTURING (M-2) ZONES
Section 16-163. Industrial Land Uses by Zone: Industrial Land Use Matrix of the Oxnard City Code is hereby amended to allow Agricultural and construction vehicle sales with incidental repair and service in the Heavy Manufacturing (M-2) Zone under a Development Design Review Permit read as follows (new text underlined and highlighted in yellow):

SEC. 16-163. INDUSTRIAL LAND USES BY ZONE: INDUSTRIAL LAND USE MATRIX.

The allowed land uses in the industrial zoning districts are identified in the following table.

Industrial Land Use Matrix
Key:

Blank: Not Allowed P: Permitted Use (Requires a Zone Clearance) SUP: Special Use Permit DDR: Development Design Review Permit Land Use Zone District
CM BRP M-L M-1 M-2 Notes
Administrative, executive, and/or
corporate offices which are a part
of a predominantly industrial
operation, including governmental
offices and facilities

P P P P P
Administrative, financial,
professional, medical, and general
office services

P P SUP
Adult businesses, except adult
motels
P P P P Refer to
section
16-337
Adult day care facilities P P
449
Zone Text Amendment (PZ 25-580-01)
Planning Commission Hearing Date: August 7, 2025
Resolution No. 2025-21

Page 5 of 14 ends

Adult motels P Refer to
section
16-336
Agricultural and construction
vehicle sales with incidental repair
and service

SUP DDR DDR DDR
Agricultural, limited to growing of
crops

P P P P P
Aircraft modification, storage,
repair, and maintenance
P P
Aircraft sales P P P P
Alcohol sales: on-site, off-site, and
wine tasting

SUP SUP SUP SUP
Ambulance base facilities P P P P P
Appliance repairs P P P
Asphalt or concrete manufacture or
refining
DDR
Assembly or repair of small
electrical and electronic equipment
P P P
Assisted living residential facility SUP
Auction houses P P P P P
Boat building and repair P P
Boiler repair and maintenance P P
Book binding

P P P P P
Bottling/canning plants P P P
Breweries, microbrew DDR DDR DDR DDR
(less than 60,000 barrels). A
SUP is required if including tasting
rooms
Breweries, craft DDR DDR DDR DDR
(more than 60,000 barrels, less
than 2 million barrels). A SUP is
required if including tasting rooms
450
Zone Text Amendment (PZ 25-580-01)
Planning Commission Hearing Date: August 7, 2025
Resolution No. 2025-21

Page 6 of 14 ends

Breweries, large
(more than 2 million barrels)

DDR DDR
Brick, tile, or terra cotta
manufacture

DDR DDR
Business furniture, supplies, and
equipment sales
P P P
Cabinet or carpenter shops P P P P
Cafeterias accessory to permitted
uses for the convenience of
persons employed on the premises

P P P P
Carpet, rug, and dry-cleaning
plants

P P P P
Cement, glass, lime, gypsum, or
plaster manufacture
DDR
Ceramic products P P P P
Children s day care facility serving
more than 15 children

SUP SUP
Churches SUP SUP SUP SUP SUP Refer to
section
16-162(B)
Coffee shops, cafes P P DDR DDR DDR
Cold storage facilities including
agricultural freezers and ice
production and sales
P P P
Commercial and retail uses P DDR DDR DDR Refer to
section
16-171
Commercial Cannabis Activities
Cultivation DDR DDR DDR DDR Refer to
sections
11-473
and
16-173
451
Zone Text Amendment (PZ 25-580-01)
Planning Commission Hearing Date: August 7, 2025
Resolution No. 2025-21

Page 7 of 14 ends

Distribution DDR DDR DDR DDR Refer to
sections
11-473
and
16-173
Manufacturing DDR DDR DDR DDR
Retail SUP
Refer to
sections
11-473
and
16-173
Refer to
sections
11-473
and
16-173
Testing DDR DDR DDR DDR Refer to
sections
11-473
and
16-173
Commercial recreational and
entertainment uses, such as
batting cages, gymnasiums, boxing
gyms, escape rooms, bowling
alleys, skating rinks, and similar
recreational uses as determined by
the planning manager

DDR DDR DDR DDR
Computer and business machine
sales and service
P P P
Convenience markets and
drugstores
P DDR
Corporate training and professional
development facilities including
ancillary outdoor activities

P P P P P
Day care facilities accessory to
industrial uses

DDR DDR DDR
Day care facilities (over 12
children) as a principal use

DDR DDR
452
Zone Text Amendment (PZ 25-580-01)
Planning Commission Hearing Date: August 7, 2025
Resolution No. 2025-21

Page 8 of 14 ends

Distribution, warehousing, and
wholesaling

P P P P P
Drive-through services SUP SUP SUP
Drop forge industries DDR
Dwelling unit, one per
establishment, for security or
management when located on the
premises where such person is
employed in such capacity and
accessory to an industrial use

DDR DDR DDR DDR
Electric motor rebuilding P P P P
Electrical and lighting supply P P
Electronic and computer repair P P P
Emergency shelter for families SUP P
Emergency shelter, permanent SUP P
Emergency shelter, temporary SUP P
Employment agencies P P
Energy generation, distribution,
storage, and support facilities,
including electrical and gas utilities

SUP SUP SUP SUP DDR
Explosives, manufacture or storage DDR
Farmworker housing SUP P P P
Feed sales P P P
Fertilizer manufacture DDR
Firearm and ammunition sales SUP Refer to
Chapter
16,
Division 19
DDR DDRFish smoking, processing, curing,
or canning
Florists P P
453
Zone Text Amendment (PZ 25-580-01)
Planning Commission Hearing Date: August 7, 2025
Resolution No. 2025-21

Page 9 of 14 ends

Freight classification yard,
including truck and bus storage
and maintenance
DDR P
Furniture manufacture and
assembly

P P P P
Furniture upholstery shops P P P
Garbage, offal, or dead animal
reduction or dumping
P
Garment manufacturing P P P P
Gas bulk storage, manufacturing,
and distribution of flammable
liquids and all gases
DDR
General office, including legal,
professional, medical, consulting,
or similar
P P
Indoor firearm range SUP Refer to
Chapter
16,
Division 20
Iron, steel, brass, or copper
foundry or fabrication plant

SUP DDR
Kennels and animal boarding DDR DDR DDR DDR
Kennel day care P P P P
Laboratories, research only P P
Laundry, commercial P P P P
Light metal fabrication (for
example, sheet metal, wrought
iron, and the like)

P P P P
Lumber yards with incidental sales
of building and hardware supplies
(outside storage)

SUP SUP P
Machine shops P P P P
Manufacture and assembly of
electrical and electronic

P P P P P
454
Zone Text Amendment (PZ 25-580-01)
Planning Commission Hearing Date: August 7, 2025
Resolution No. 2025-21

Page 10 of 14 ends

instruments, devices, and
components
Manufacturing and maintenance of
electric neon signs

P P P P
Manufacturing, compounding
assembly, or treatment of articles
or merchandise from prepared
materials such as, but not limited
to, canvas, cloth, stones, wood
products, and leather
P P P
Manufacturing, compounding,
processing, packaging, or
treatment of food products such as,
but not limited to, bakery, dairy,
fruits and vegetables, and honey
P P P
Marine equipment sales with
incidental repair and service

P P P P
Medical product sales P P P
Medical: hospitals and medical
centers
SUP
Metals recycling and storage,
including sales

SUP DDR
Mini-warehouses and self-storage
facilities
SUP SUP SUP SUP Refer to
Resolution
No. 6446
Mobile home sales and display DDR DDR DDR DDR
Motels, hotels, and convention
facilities

SUP SUP
Multifamily Residential uses up to SUP
30 dwelling units per acre on
parcels identified in the AHD
additive zone, subject to the
provisions in section 16-420
Off-site non-accessory signs or
billboards
SUP Refer to
section
16-608(G)
455
Zone Text Amendment (PZ 25-580-01)
Planning Commission Hearing Date: August 7, 2025
Resolution No. 2025-21

Page 11 of 14 ends

Oilcloth or linoleum manufacture
Outdoor storage or assembly as a
primary use
P
SUP
Outdoor storage,
incidental/accessory to uses
otherwise permitted

DDR DDR DDR
Paint, oil, shellac, turpentine, and
varnish manufacture
DDR
Paper and pulp manufacture DDR
Pawnshops SUP
Petroleum bulk plants and
distribution

SUP DDR
Petroleum refining DDR
Photographic studios and services P P P
Planning mills SUP DDR
Plastic manufacture P P
Plumbing supply
P P P
Printing shop, lithographing,
photocopying, blueprinting, and
publishing

P P P P P
Product assembly plants and
production facilities primarily
engaged in final or partial
assembling of packaging of
premanufactured, treated, or
fabricated components, materials,
or products

P P P P P
Public service uses -
communications, fire and police,
water, and other governmental or
public facilities

DDR DDR DDR DDR DDR
Radio or television broadcasting
station

P P P P P
Railroad support services SUP DDR
456
Zone Text Amendment (PZ 25-580-01)
Planning Commission Hearing Date: August 7, 2025
Resolution No. 2025-21

Page 12 of 14 ends

Recycling collection: collection
recycling facility for the acceptance
of materials from the public
including a bulk or single-feed
reverse vending machine, a kiosk
unit, or a permanent building

DDR DDR
Recycling mobile unit: mobile
recycling unit used for the
collection of recycled materials
including the bins, boxes, or
containers for the collection of
recyclable materials

DDR DDR DDR DDR
Recycling processing facility:
processing facility for ferrous and
non-ferrous materials including the
preparation of material for efficient
shipment which includes baling,
briquetting, flattening, grinding,
crushing, mechanical sorting,
shredding, cleaning, and re-
manufacturing. Outdoor bin
storage allowed for the collection of
recycled materials

SUP SUP
Refrigeration and air conditioning
repair and service

P P P P
Research and development,
experimental or developmental
laboratories

P P P P
Research, development, and
clinical laboratories and uses
including associated incidental and
outpatient clinics
P
Restaurants and delicatessens P P P DDR DDR
Rock crusher or distribution of
rock, sand, or gravel
DDR
Sale of building and hardware
supplies within a building

P P P P
457
Zone Text Amendment (PZ 25-580-01)
Planning Commission Hearing Date: August 7, 2025
Resolution No. 2025-21

Page 13 of 14 ends

Specialized commercial retail
centers oriented toward major
transportation elements such as
freeways, expressways, and other
major transportation corridors.

Specialized commercial uses
include promotional, discount,
factory outlet, and off-price
shopping centers, as well as
centers that are tourist-oriented or
oriented to other specialized
markets. Specialized commercial
uses may also include general
commercial uses in special or
unique settings
SUP
Stationery and office supplies P P
Supportive housing SUP
Taxidermist P P P
Textiles manufacturing P P P
Trade schools, public and private
schools and colleges, dance, and
performing arts studios

P P DDR
Transitional housing SUP
Vehicle assembly
Vehicle and equipment dismantling
and recycling, including sale of
parts and vehicles

SUP DDR
SUP
Vehicle rental agencies DDR DDR DDR
Vehicle repair, including engine
overhaul, body and fender work,
transmission, radiator repair,
painting, and upholstering

P P P P
Vehicle service stations SUP SUP SUP SUP DDR
Vehicle storage SUP SUP
Veterinarians with on-site kennels DDR DDR DDR DDR
458
Zone Text Amendment (PZ 25-580-01)
Planning Commission Hearing Date: August 7, 2025
Resolution No. 2025-21

Page 14 of 14 ends

Veterinarians with no on-site
kennels

P P P P
Welding shops P P P
Wine production facility SUP P P
Wine tasting with or without cafes SUP SUP SUP
(Ord. No. 2958, 2961, 2985, 3001, 3032)
459

NOTICE OF EXEMPTION (NOE)
_______________________________________________________________________________ To: Office of Planning and Research P.O. Box 3044, Room 113 Sacramento, CA 95812-3044 From: City of Oxnard Community Development Department 214 South C Street Oxnard, CA 93030 To: Ventura County Clerk-Recorder & Registrar of Voters Hall of Administration, Main Plaza 800 South Victoria Avenue, Ventura, CA 93009-1260

_____________________________________________________________________________ Project Title: Industrial Code Matrix Text Amendment Project Applicant: Julie McCaslin, Todd Industrial Park (Property Owner).

Project Location - Specific: City of Oxnard for areas zoned Heavy Manufacturing (M-2).

Description of Nature, Purpose and Beneficiaries of Project: PZ No. 25-580-01 (Zoning Text

Amendment).

request

for

Zone

Text

Amendment

(ZTA)

the

Oxnard

City

Code

(OCC)

Chapter

16,

Article

III,

Division

11,

Section

16-163

Industrial

Land

Use

Zone:

Industrial

Land

Use

Matrix

the

Oxnard

City

Code

allow

Agricultural

and

Construction

Vehicles

Sales

with

Incidental

Repair

and

Service

Use

within

the

City

Oxnard

for

industrial

areas

zoned

Heavy

Manufacturing

(M-2).

Agricultural

and

construction

vehicles

sales

uses

would

require

approval

Development

Design

Review

(DDR)

Permit

and

shall

comply

with

the

development

standards

the

M-2

Zone.

Filed

the

Julie

McCaslin,

Todd

Industrial

Park

(the

“Applicant”),

5755

Valentine

Road,

suite

203,

Ventura

California

93003

Name of Public Agency Approving Project (Lead Agency): City of Oxnard Name of Person or Agency Carrying Out Project (Applicant): Julie McCaslin Exempt Status: (check one): Ministerial (Sec. 21080(b)(1); 15268); Declared Emergency (Sec. 21080(b)(3); 15269(a)); Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); ✔ Categorical Exemption: Sections 15060(c ) (2) & (3) & 15061(b) (3) Statutory Exemptions. State code number: ____________________ Reason(s) why project is exempt: In accordance with Section 15060 (c ) (2) & (3) and 15061 (b) (2) (Review

for

Exemption)

the

California

Environmental

Quality

Act

(CEQA)

Guidelines,

because

this

activity

covered

the

general

rule

that

CEQA

applies

only

projects

which

have

the

potential

for

causing

significant

effect

the

environment

and

because

the

ZTA

proposes

allow

Agricultural

and

Construction

Vehicles

Sales

and

Incidental

Repairs

and

Service

use

for

areas

zoned

M-2.

development

being

proposed

part

the

ZTA

and

any

future

developments

will

reviewed

accordance

with

City’s

460
and CEQA environmental review requirements. Furthermore, the proposed ZTA is a regulatory action which

will

not

result

direct

reasonably

foreseeable

indirect

physical

change

the

environment

and

when

can

seen

with

certainty

that

there

possibility

that

the

activity

question

may

have

significant

effect

the

environment

are

not

subject

CEQA.

The

Project

has

value

habitat

for

endangered,

rare

threatened

species.

Additionally,

this

Project

will

not

result

any

significant

effects

relating

traffic,

noise,

air

quality,

water

quality.

Exceptions

the

Exemptions

(Section

15300.2)

apply

defeat

the

Exemption.

Lead Agency Contact Person: Juan Carlos Torres, Associate Planner (805) 385-8156 ________________________________________ ______________________________ Joe Pearson II, AICP Date Planning and Environmental Services Manager City of Oxnard Note: Authority cited: Sections 21083 and 21110, Public Resources Code. Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. 461
CITY COUNCIL OF THE CITY OF OXNARD ORDINANCE NO. __________ ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD

APPROVING

PLANNING

AND

ZONING

PERMIT

NO.

25-580-01

(ZONE

TEXT

AMENDMENT)

AMEND

OXNARD

CITY

CODE

CHAPTER

16,

ARTICLE

III,

DIVISION

11,

SECTION

16-163

INCLUDE

THE

AGRICULTURAL

AND

CONSTRUCTION

VEHICLES

SALES

WITH

INCIDENTAL

REPAIR

AND

SERVICE

USE

PERMITTED

USE

WITHIN

AREAS

ZONED

HEAVY

MANUFACTURING

(M-2).

FILED

DESIGNATED

AGENT

HOLLEE

KING

WINEGAR,

7584

EISENHOWER

ST,

VENTURA

CALIFORNIA

93003,

BEHALF

THE

PROPERTY

OWNER,

TODD

INDUSTRIAL

PARK,

5755

VALENTINE

ROAD,

SUITE

203,

VENTURA,

CALIFORNIA

93003.

WHEREAS, the City Council of the City of Oxnard has considered the proposed Zone Text Amendment

“ZTA”

(Exhibit

allow

“Agricultural

and

Construction

Vehicles

Sales

with

Incidental

Repair

and

Service”

use

OCC

Chapter

16,

Article

III,

Division

11,

Section

16-163

(Industrial

Land

Uses

Zone:

Industrial

Land

Uses

Matrix)

for

areas

Zoned

Heavy

Manufacturing

(M-2)

permitted

use

with

the

approval

Development

Design

Review;

and

WHEREAS, on August 7, 2025, the Planning Commission of the City of

Oxnard (“Planning
Commission”)

conducted

duly

noticed

public

hearing

consider

application

for

adoption

the

Zone

Text

Amendment

(PZ

25-580-01)

accordance

with

Chapter

16-575

the

Oxnard

City

Code;

and

WHEREAS, Section 16-581 of the Oxnard City Code authorizes the Planning Commission to

recommend

the

action

taken

the

City

Council

the

application

for

Zone

Text

Amendment;

and
WHEREAS, on October 21, 2025, the City Council of the City of Oxnard conducted a duly noticed

public

hearing

where

written

and

oral

comments

were

received

and

reviewed

consider

application

for

adoption

the

ZTA

(PZ

25-580-01)

accordance

with

Chapter

16-575

the

Oxnard

City

Code;

and
WHEREAS, the City Council finds, the proposed ZTA is in the public interest and reflects the

input

from

residents,

decision-makers,

and

other

stakeholders

the

community.

There

are

changes

recommended

under

the

proposed

ZTA

that

would

reduce

compromise

existing

standards

that

protect

the

health,

safety,

general

welfare

the

City;

and
WHEREAS, the City Council finds, the proposed ZTA would be consistent with the land uses

and

development

anticipated

the

2030

General

Plan;

and
WHEREAS, the City Council finds, the adoption of the ZTA would be a reasonable exercise of

the

City’s

Policy

powers

ensure

the

continued

health,

safety,

and

welfare

the

public

clarifying

the

implementation

procedures

industrial

zones

throughout

the

City

Oxnard;

and
WHEREAS, the City Council finds that the Project in accordance with the California 462
Ordinance No. _________ (PZ 25-580-01; M-2 Zone Text Amendment) City Council Hearing Date: October 21, 2025 Page 2 of 14 Environmental Quality Act (CEQA) Guidelines Sections 15060(c)(2) and (3) and 15061(b)(3) as this

ZTA

regulatory

action

which

will

not

result

direct

reasonably

foreseeable

indirect

physical

change

the

environment

and

when

can

seen

with

certainty

that

there

possibility

that

the

activity

question

may

have

significant

effect

the

environment

are

not

subject

CEQA;

and
WHEREAS, the Applicant agrees that at its own expense, to indemnify, defend (with counsel

selected

the

City

its

discretion)

and

hold

harmless

the

City

Oxnard

and

its

agents,

officers

and

employees

from

and

against

any

claims,

actions

proceedings

attack,

set

aside,

void

annul

the

approval

this

ordinance

any

actions

proceedings,

acts

determinations

taken,

done

made

before

the

approval

this

ordinance

that

were

part

the

approval

process.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OXNARD DOES ORDAIN

FOLLOWS:

SECTION 1. The Recitals above are true and correct and incorporated herein by this reference.

SECTION 2. The City Council finds that the Industrial Zone Text Amendment is internally consistent

with

all

other

provisions

the

City

Oxnard

2030

General

Plan.

SECTION 3. The City Council finds that the Industrial Zone Text Amendment will not be detrimental

the

public

interest,

health,

safety,

convenience,

welfare

the

City.

SECTION 4. The City Council determines that the Industrial Zone Text Amendment is in the

best

interests

and

welfare

the

City

and

its

residents.

SECTION 5. In adopting this ordinance for the Zone Text Amendment, the City Council finds

and

determines

the

project

compliance

with

the

California

Environmental

Quality

Act

(CEQA)

Guidelines

Sections

15060(c)(2)

and

(3)

and

15061(b)(3)

because

the

Zone

Text

Amendment

regulatory

action

which

will

not

result

direct

reasonably

foreseeable

indirect

physical

change

the

environment

and

when

can

seen

with

certainty

that

there

possibility

that

the

activity

question

may

have

significant

effect

the

environment

are

not

subject

CEQA;

and

SECTION 6. The City Council hereby approves Planning and Zoning Permit No. 25-580-01

(Zone

Text

Amendment),

attached

hereto

Exhibit

and

incorporated

herein

reference

recommended

the

Planning

Commission.

SECTION 7. Except as expressly amended herein, the Oxnard City Code shall remain in full

force

and

effect.

SECTION 8. Pursuant to Government Code Section 36933(c)(1), the City Attorney was 463
Ordinance No. _________ (PZ 25-580-01; M-2 Zone Text Amendment) City Council Hearing Date: October 21, 2025 Page 3 of 14 designated to prepare, and the City Clerk published, a summary of this Ordinance, and a certified copy

the

Ordinance

was

posted

the

Office

the

City

Clerk

minimum

five

days

before

the

City

Council’s

adoption

the

Ordinance.

SECTION 9. The City Clerk shall certify as to the adoption of this ordinance and shall cause the

summary

thereof

published

within

fifteen

(15)

days

the

adoption

and

shall

post

certified

copy

this

ordinance,

including

the

vote

for

and

against

the

same,

the

office

the

City

Clerk,

accordance

with

Government

Code

Section

36933.

Ordinance

No.

_________

was

first

read

October

21,

2025,

and

finally

adopted

_________________

become

effective

thirty

days

thereafter.

PASSED, APPROVED, AND ADOPTED this 21st day of October 2025, by the following vote: AYES: NOES: ABSENT: ABSTAIN:

_____________________________
Luis A. Mc Arthur, Mayor ATTEST: APPROVED AS TO FORM: _______________________________ ___________________________ Lourdes A. López, City Clerk Stephen M. Fischer, City Attorney

464
Ordinance No. _________ (PZ 25-580-01; M-2 Zone Text Amendment) City Council Hearing Date: October 21, 2025 Page 4 of 14 Exhibit A: Zone Text Amendment to allow “Agricultural and Construction Vehicles Sales with Incidental Repairs

and

Service

Use

Heavy

Manufacturing

(M-2)

Zone:

Section 16-163. Industrial Land Uses by Zone: Industrial Land Use Matrix of the Oxnard City Code is hereby

amended

allow

Agricultural

and

construction

vehicle

sales

with

incidental

repair

and

service

the

Heavy

Manufacturing

(M-2)

Zone

under

Development

Design

Review

Permit

read

follows

(new

text

underlined

and

highlighted

yellow):

SEC. 16-163. INDUSTRIAL LAND USES BY ZONE: INDUSTRIAL LAND USE MATRIX.

The allowed land uses in the industrial zoning districts are identified in the following table.

Industrial Land Use Matrix
Key: Blank: Not Allowed P: Permitted Use (Requires a Zone Clearance) SUP: Special Use Permit DDR: Development Design Review Permit Land Use Zone District
CM BRP M-L M-1 M-2 Notes
Administrative, executive, and/or corporate offices which are a part of a predominantly industrial operation, including governmental offices and facilities

P P P P P
Administrative, financial, professional, medical, and general office services

P P SUP
Adult businesses, except adult motels
P P P P Refer to section 16-337
Adult day care facilities P P
465
Ordinance No. _________ (PZ 25-580-01; M-2 Zone Text Amendment) City Council Hearing Date: October 21, 2025 Page 5 of 14 Adult motels P Refer to section 16-336 Agricultural and construction vehicle sales with incidental repair and service

SUP DDR DDR DDR
Agricultural, limited to growing of crops

P P P P P
Aircraft modification, storage, repair, and maintenance P P
Aircraft sales P P P P
Alcohol sales: on-site, off-site, and wine tasting

SUP SUP SUP SUP
Ambulance base facilities P P P P P
Appliance repairs P P P
Asphalt or concrete manufacture or refining
DDR
Assembly or repair of small electrical and electronic equipment

P P P
Assisted living residential facility SUP
Auction houses P P P P P
Boat building and repair P P
Boiler repair and maintenance P P
Book binding P P P P P
Bottling/canning plants P P P
Breweries, microbrew (less than 60,000 barrels). A SUP is required if including tasting rooms

DDR DDR DDR DDR
466
Ordinance No. _________ (PZ 25-580-01; M-2 Zone Text Amendment) City Council Hearing Date: October 21, 2025 Page 6 of 14 Breweries, craft (more than 60,000 barrels, less than 2 million barrels). A SUP is required if including tasting rooms

DDR DDR DDR DDR
Breweries, large (more than 2 million barrels)

DDR DDR
Brick, tile, or terra cotta manufacture

DDR DDR
Business furniture, supplies, and equipment sales

P P P
Cabinet or carpenter shops P P P P
Cafeterias accessory to permitted uses for the convenience of persons employed on the premises

P P P P
Carpet, rug, and dry-cleaning plants

P P P P
Cement, glass, lime, gypsum, or plaster manufacture DDR
Ceramic products P P P P
Children s day care facility serving more than 15 children

SUP SUP
Churches SUP SUP SUP SUP SUP Refer to section 16-162(B) Coffee shops, cafes P P DDR DDR DDR
Cold storage facilities including agricultural freezers and ice production and sales

P P P
Commercial and retail uses P DDR DDR DDR Refer to section 16-171 Commercial Cannabis Activities
467
Ordinance No. _________ (PZ 25-580-01; M-2 Zone Text Amendment) City Council Hearing Date: October 21, 2025 Page 7 of 14 Cultivation DDR DDR DDR DDR Refer to sections 11-473 and 16-173 Distribution DDR DDR DDR DDR Refer to sections 11-473 and 16-173 Manufacturing DDR DDR DDR DDR Refer to sections 11-473 and 16-173 Retail SUP Refer to sections 11-473 and 16-173 Testing DDR DDR DDR DDR Refer to sections 11-473 and 16-173 Commercial recreational and entertainment uses, such as batting cages, gymnasiums, boxing gyms, escape rooms, bowling alleys, skating rinks, and similar recreational uses as determined by the planning manager

DDR DDR DDR DDR
Computer and business machine sales and service

P P P
Convenience markets and drugstores
P DDR
468
Ordinance No. _________ (PZ 25-580-01; M-2 Zone Text Amendment) City Council Hearing Date: October 21, 2025 Page 8 of 14 Corporate training and professional development facilities including ancillary outdoor activities

P P P P P
Day care facilities accessory to industrial uses

DDR DDR DDR
Day care facilities (over 12 children) as a principal use

DDR DDR
Distribution, warehousing, and wholesaling

P P P P P
Drive-through services SUP SUP SUP
Drop forge industries DDR
Dwelling unit, one per establishment, for security or management when located on the premises where such person is employed in such capacity and accessory to an industrial use

DDR DDR DDR DDR
Electric motor rebuilding P P P P
Electrical and lighting supply P P
Electronic and computer repair P P P
Emergency shelter for families SUP P
Emergency shelter, permanent SUP P
Emergency shelter, temporary SUP P
Employment agencies P P
Energy generation, distribution, storage, and support facilities, including electrical and gas utilities

SUP SUP SUP SUP DDR
Explosives, manufacture or storage DDR
Farmworker housing SUP P P P
Feed sales P P P
Fertilizer manufacture DDR
469
Ordinance No. _________ (PZ 25-580-01; M-2 Zone Text Amendment) City Council Hearing Date: October 21, 2025 Page 9 of 14 Firearm and ammunition sales SUP Refer to Chapter 16, Division 19 Fish smoking, processing, curing, or canning

DDR DDR
Florists P P
Freight classification yard, including truck and bus storage and maintenance DDR P
Furniture manufacture and assembly

P P P P
Furniture upholstery shops P P P
Garbage, offal, or dead animal reduction or dumping P
Garment manufacturing P P P P
Gas bulk storage, manufacturing, and distribution of flammable liquids and all gases DDR
General office, including legal, professional, medical, consulting, or similar P P
Indoor firearm range SUP Refer to Chapter 16, Division 20 Iron, steel, brass, or copper foundry or fabrication plant

SUP DDR
Kennels and animal boarding DDR DDR DDR DDR
Kennel day care P P P P
Laboratories, research only P P
Laundry, commercial P P P P
470
Ordinance No. _________ (PZ 25-580-01; M-2 Zone Text Amendment) City Council Hearing Date: October 21, 2025 Page 10 of 14 Light metal fabrication (for example, sheet metal, wrought iron, and the like)

P P P P
Lumber yards with incidental sales of building and hardware supplies (outside storage)

SUP SUP P
Machine shops P P P P
Manufacture and assembly of electrical and electronic instruments, devices, and components

P P P P P
Manufacturing and maintenance of electric neon signs

P P P P
Manufacturing, compounding assembly, or treatment of articles or merchandise from prepared materials such as, but not limited to, canvas, cloth, stones, wood products, and leather

P P P
Manufacturing, compounding, processing, packaging, or treatment of food products such as, but not limited to, bakery, dairy, fruits and vegetables, and honey

P P P
Marine equipment sales with incidental repair and service

P P P P
Medical product sales P P P
Medical: hospitals and medical centers
SUP
Metals recycling and storage, including sales

SUP DDR
Mini-warehouses and self-storage facilities
SUP SUP SUP SUP Refer to Resolution No. 6446
Mobile home sales and display DDR DDR DDR DDR
471
Ordinance No. _________ (PZ 25-580-01; M-2 Zone Text Amendment) City Council Hearing Date: October 21, 2025 Page 11 of 14 Motels, hotels, and convention facilities

SUP SUP
Multifamily Residential uses up to 30 dwelling units per acre on parcels identified in the AHD additive zone, subject to the provisions in section 16-420 SUP
Off-site non-accessory signs or billboards
SUP Refer to section 16-608(G)
Oilcloth or linoleum manufacture P
Outdoor storage or assembly as a primary use
SUP
Outdoor storage, incidental/accessory to uses otherwise permitted

DDR DDR DDR
Paint, oil, shellac, turpentine, and varnish manufacture DDR
Paper and pulp manufacture DDR
Pawnshops SUP
Petroleum bulk plants and distribution

SUP DDR
Petroleum refining DDR
Photographic studios and services P P P
Planning mills SUP DDR
Plastic manufacture P P
Plumbing supply P P P
Printing shop, lithographing, photocopying, blueprinting, and publishing

P P P P P
472
Ordinance No. _________ (PZ 25-580-01; M-2 Zone Text Amendment) City Council Hearing Date: October 21, 2025 Page 12 of 14 Product assembly plants and production facilities primarily engaged in final or partial assembling of packaging of premanufactured, treated, or fabricated components, materials, or products

P P P P P
Public service uses - communications, fire and police, water, and other governmental or public facilities

DDR DDR DDR DDR DDR
Radio or television broadcasting station

P P P P P
Railroad support services SUP DDR
Recycling collection: collection recycling facility for the acceptance of materials from the public including a bulk or single-feed reverse vending machine, a kiosk unit, or a permanent building

DDR DDR
Recycling mobile unit: mobile recycling unit used for the collection of recycled materials including the bins, boxes, or containers for the collection of recyclable materials

DDR DDR DDR DDR
Recycling processing facility: processing facility for ferrous and non-ferrous materials including the preparation of material for efficient shipment which includes baling, briquetting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and re- manufacturing. Outdoor bin storage allowed for the collection of recycled materials

SUP SUP
473
Ordinance No. _________ (PZ 25-580-01; M-2 Zone Text Amendment) City Council Hearing Date: October 21, 2025 Page 13 of 14 Refrigeration and air conditioning repair and service

P P P P
Research and development, experimental or developmental laboratories

P P P P
Research, development, and clinical laboratories and uses including associated incidental and outpatient clinics P
Restaurants and delicatessens P P P DDR DDR
Rock crusher or distribution of rock, sand, or gravel DDR
Sale of building and hardware supplies within a building

P P P P
Specialized commercial retail centers oriented toward major transportation elements such as freeways, expressways, and other major transportation corridors. Specialized commercial uses include promotional, discount, factory outlet, and off-price shopping centers, as well as centers that are tourist-oriented or oriented to other specialized markets. Specialized commercial uses may also include general commercial uses in special or unique settings SUP
Stationery and office supplies P P
Supportive housing SUP
Taxidermist P P P
Textiles manufacturing P P P
Trade schools, public and private schools and colleges, dance, and performing arts studios

P P DDR
474
Ordinance No. _________ (PZ 25-580-01; M-2 Zone Text Amendment) City Council Hearing Date: October 21, 2025 Page 14 of 14 Transitional housing SUP Vehicle assembly SUP DDR
Vehicle and equipment dismantling and recycling, including sale of parts and vehicles SUP
Vehicle rental agencies DDR DDR DDR
Vehicle repair, including engine overhaul, body and fender work, transmission, radiator repair, painting, and upholstering

P P P P
Vehicle service stations SUP SUP SUP SUP DDR
Vehicle storage SUP SUP
Veterinarians with on-site kennels DDR DDR DDR DDR Veterinarians with no on-site kennels

P P P P
Welding shops P P P
Wine production facility SUP P P
Wine tasting with or without cafes SUP SUP SUP

475
1 Applicant: Julie McCaslin, Todd Industrial Park
Juan Carlos Torres, Associate Planner
Community Development Department
City Council Hearing
October 21, 2025
Industrial Code Matrix Text Amendment
Planning and Zoning Permit No. 25-580-01
(Zone Text Amendment)
476
Project Description
• Zone T ext Amendment (ZTA) to the Oxnard City Code (OCC) Chapter 16, Article III, Division 11, Section 16-163 Industrial Land Use By Zone of the Industrial Land Use Matrix:
• T o allow Agricultural and Construction Vehicles Sales with Incidental Repair and Service Use for industrial areas zoned Heavy Manufacturing (M-2).
• Agricultural and construction vehicles sales uses would require approval of a Development Design Review (DDR) Permit and shall comply with the development standards of the M-2 Zone.
• Future DDRs pursuant to the request would be subject to approval by the Community Development Director.
2 477
Background
3 • Agricultural and Construction Vehicles Sales with Incidental Repair and Service use are currently permitted in the following Zones, subject to a DDR:
• Limited Manufacturing (M-L)
• Light Manufacturing (M-1)
• The M-2 zone allows for other similar uses as follows:
• Marine Equipment Sales with Incidental Repair and Service, • Freight Classification Yard, Including Truck and Bus storage, • Mobile Home Sales and Display, and
• Vehicle Service Stations.
478
City Wide Project Locations, M-2 Zones
N
4 City’s M-2
Zones
There are
approximately
29 Parcels
zoned M-2
within the
City Limits
479
Project Locations, M-2 Zones
N
5 South of Fifth Street, East of
Commercial Avenue, West of Rose
Avenue and North of Wooley Road Sturgis Road & Del Norte Blvd N N
Sturgis Road & Del Norte Blvd
5th St
Rose Ave
Sturgis RdDel Norte Blvd McWane Blvd
Edison Dr
480
6 General Plan Consistency
Zone T ext Amendment (ZTA) will be consistent with the General Plan goals and policies because:
• The proposed ZTA does not conflict with General Plan Land Use, Goals, and Policies.
• The proposed land use consists of outdoor display of large agricultural and construction equipment, sales, and other ancillary services similar in kind to the existing land uses established in the Industrial Heavy and Central Industrial Area Land Use designations.
• The proposed zone text amendment would be compatible with the City’s General Plan Goal CD-6-Compatible Agriculture, as the City continues to promote agriculture uses within the City’s Planning Area by allowing agricultural compatible and ancillary uses such as agricultural and construction vehicles sales with incidental repair and service in the M-2 zones, for the existing City’s agricultural industry.
481
7 Zoning Code Consistency
Heavy Manufacturing allowed uses consist of industrial uses that are primarily involve general manufacturing, processing, fabrication activities and outdoor storage in which do not require highly restrictive performance and development standards.

The proposed Zone T ext Amendment will be consistent with the Heavy Manufacturing zone because:
• The permissible uses currently listed in the M-2 zone are similar in kind; such as marine equipment sales with incidental repair and service, mobile home sales and display, vehicle service stations, and freight classification yard, including truck and bus storage.
• The existing listed permitted uses are similar to the proposed land use zoning text amendment as it primarily consist of outdoor display, storage, and sales of large items or equipment which are typically found in heavy industrial areas. 482
Environmental Review
● In accordance with Section 15060 (C )(2) & (3) (Preliminary of Review) and 15061(b)(3)(Review for Exemption) of the California Environmental Quality Act (CEQA) Guidelines, characterized as the industrial zoning text amendment would not result in a physical change in the environment, may be found to be exempt from the requirements of CEQA.
● The project includes a zoning text amendment to allow an Agricultural and Construction Vehicles Sales and Incidental Repairs use for areas in the M-2 Zone.
● No Exceptions to the Exemptions (§15300.2) apply to defeat the Exemption. ● No substantial evidence the project will have a significant effect on the environment.
● A Notice of Exemption will be filed.
8 483
Planning Commission Recommendations
At the August 7, 2025 hearing, Staff’s recommendation was that the Commission recommend approval of the project as presented to the City Council. During the public hearing no questions were raised by the Commissioners.

Following the deliberation, the Commission adopted Resolution No. 2025-21 recommending the City Council approve Planning and Zoning Permit No. 25-580-01 for a Zone T ext Amendment.
9 484
10 ● Notice of this City Council hearing was provided:
○ Newspaper
● T o date, staff has not received public comments regarding the project.

Public Comments
485
11 That the City Council:

1. Conduct a public hearing to receive public testimony concerning the adoption of the Zone T ext Amendment to Oxnard City Code Chapter 16, Article III, Division 11, Section 16-163 for properties located within the City of Oxnard zoned Heavy Manufacturing; and

2. Find the Zone T ext Amendment to be Categorically Exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Sections 15060(C)(2) & (3) (Preliminary Review) and 15061(b)(3) (Review for Exemption); and,

3. Approve the first reading by title only and waive further reading of the proposed Ordinance titled: “ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OXNARD APPROVING PLANNING AND ZONING PERMIT NO. 25-580-01 (ZONE TEXT AMENDMENT) TO AMEND OXNARD CITY CODE CHAPTER 16, ARTICLE III, DIVISION 11, SECTION 16-163 TO INCLUDE THE AGRICULTURAL AND CONSTRUCTION VEHICLES SALES

WITH INCIDENTAL REPAIR AND SERVICE USE AS A PERMITTED USE WITHIN AREAS ZONED HEAVY MANUFACTURING (M-2). FILED BY DESIGNATED AGENT HOLLEE KING WINEGAR, 7584 EISENHOWER ST, VENTURA CALIFORNIA 93003, ON BEHALF OF THE PROPERTY OWNER, TODD INDUSTRIAL PARK, 5755 VALENTINE ROAD, SUITE 203, VENTURA, CALIFORNIA 93003”.

Staff Recommendation
486
End of Staff Presentation
487

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. N.1

DATE: October 21, 2025

TO: City Council

FROM: Robert Ruben, Chief Information Officer, (805) 385-7554, [email protected]

SUBJECT: Purchasing Authorization - Compuwave Inc. (10 minutes)

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute a two-year blanket agreement with Compuwave in the amount of $1.2 million for the purchase of computer hardware and related services.

(Finance & Governance Committee approved 3-0 on September 23, 2025.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/snj540oXH0c

BACKGROUND

The Information Technology (IT) Department supports and manages more than 1,000 computers across all City departments. Aging and outdated equipment increases cybersecurity vulnerabilities, compliance risks, and decreases staff productivity. The industry standard for personal computer and related hardware replacement is every three to five years, and five to seven years for servers and workstations. The City has adopted the five and seven year cycles for PCs and servers respectively to maintain efficiency and security. To mitigate risks associated with obsolete technology, IT staff has systematically been replacing equipment on schedule, ensuring the City’s technology inventory remains aligned with these standards and adopted policies. The City has worked with Compuwave for several years by leveraging the vendor’s long-standing relationship with the County of Ventura. This partnership has allowed the City to benefit from the competitive pricing and reliable service that Compuwave has consistently provided to regional public agencies.

Purchases from the vendor typically consist of:
• 85% hardware
• 10% software
• 5% services

The City will leverage cooperative purchasing through the Omnia Partners TD SYNNEX Sourcewell Contract (No. 020624-SYN). This agreement was established by the State of Minnesota to provide government entities with competitively bid procurement solutions for computer and wireless hardware, software, and services.

Compuwave, a local business, has a proven record of supporting regional governments by providing dependable product availability, competitive pricing, and exceptional customer service. Some of these entities include the County of Ventura as mentioned earlier, the City of Simi Valley, the City of Moorpark, the City of Thousand Oaks, as well as Oxnard. In addition to favorable pricing, Compuwave offers value-added services - including warehousing and system imaging - at little or no additional cost to the City.

488
Staff periodically compares pricing from multiple sources to ensure the City continues to receive competitive rates. Over the past five years, the City has purchased an annual average of $543,000 in computer hardware and services from Compuwave.

The requested $1.2 million blanket purchase agreement is based on prior purchase levels and anticipated needs over the next two years. This amount will support both scheduled computer replacements and unanticipated technology requirements.

Approval of this blanket agreement will allow the City to continue its proactive technology replacement strategy, mitigate cybersecurity risks, ensure staff productivity, and maintain compliance with industry standards.

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 proposed action will establish a funding authorization of $1.2M over two years. Funding for purchases under this contract will come from available funding in the user department’s operating budget. Finance and the respective departments will ensure sufficient appropriations exist in the adopted FY 2025-26 operating budgets for these various purchases through June 30, 2026. Future year funding is to be included as part of future budget processes.

COMMITTEE OUTCOME

The Finance & Governance Committee approved 3-0 on Septermber 23, 2025 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Gary Krumian, Programmer Analyst

ATTACHMENTS

1. Presentation

489
Purchasing Authorization - Compuwave Inc.

City Council
October 21, 2025
Rob Ruben, CIO
490
That the City Council approve and authorize the Mayor to execute a two-year blanket agreement with Compuwave in the amount of $1.2 million for the purchase of computer hardware and related services. This agreement will support the timely replacement of critical IT systems, improve operational reliability, and align with Council’s priority to strengthen the City's cybersecurity posture.

RECOMMENDATION 2
491
• IT Department supports and manages over 1,000 computers throughout the City
• Aging and outdated computer equipment increases cybersecurity vulnerabilities, compliance risks and decreases staff productivity • IT staff has been systematically replacing outdated equipment to mitigate risks associated with obsolete technology and to ensure the City’s inventory remains consistent with industry standards and adopted policies • The City has worked with Compuwave for several years by leveraging the vendor’s long-standing relationship with the County of Ventura. This partnership has allowed the City to benefit from the competitive pricing and reliable service that Compuwave has consistently provided to regional public agencies.

BACKGROUND 3
492
• The City will use the competitively-bid Omnia Partners TD SYNNEX Sourcewell Contract Number 020624-SYN
• This agreement was created by the State of Minnesota for the purpose of offering cooperative procurement solutions of computer and wireless hardware, software, and services to government entities • Compuwave, a local business, has a strong track record of supporting regional governments including the County of Ventura and the cities of Simi Valley, Moorpark and Thousand Oaks, as well as Oxnard. • Staff periodically compares pricing from multiple sources to ensure the City is receiving competitive pricing
• Compuwave also provides value-added services - including warehousing and system imaging - at little or no additional cost to the City DISCUSSION 4
493
• Purchases from the vendor typically consist of:
 85% hardware
 10% software
 5% services
• The industry standard for replacing personal computers is 3-5 years and 5-7 years for servers and workstations
• With an approximate $3 million total inventory value, the City’s annual replacement value using the 5 and 7 year cycles for PCs and servers respectively is approximately $500,000
PURCHASE PROFILE 5
494
Over the past five years, City has annually purchased an average of $543,000 of computer hardware and services from Compuwave Spending increases in FY21-22 and FY23-24 are primarily due to:
• Council directives to proactively replace aging equipment to enhance cybersecurity and performance
• Inflationary cost increases in computer hardware
• Standardizing on higher-specification devices to support modern, data-intensive applications and workflows
FINANCIAL DETAILS 6
FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25
$337,243 $905,949 $431,303 $744,390 $293,985
495
• Staff requests authorization for a $1.2 million blanket agreement covering the two-year period from November 1, 2025, through October 31, 2027
• This funding level is based on the City’s prior purchase levels and will support both scheduled computer replacements and
unanticipated needs
• No new appropriations are required - all expenditures fall within already adopted budget limits
NEEDS AND DETAILS 7
496
That the City Council approve and authorize the Mayor to execute a two-year blanket agreement with Compuwave in the amount of $1.2 million for the purchase of computer hardware and related services. This agreement will support the timely replacement of critical IT systems, improve operational reliability, and align with Council’s priority to strengthen the City's cybersecurity posture.

RECOMMENDATION 8
497

QUESTIONS
9 498

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. N.2

DATE: October 21, 2025

TO: City Council

FROM: Robert Ruben, Chief Information Officer, (805) 385-7554, [email protected]

SUBJECT: Purchasing Authorization - Insight Public Sector Inc. (10 minutes)

RECOMMENDATION

That the City Council approve and authorize the Mayor to extend Blanket Agreement No. 32400174 with Insight Public Sector, Inc. for the purchase of computer networking technology through April 30, 2028, and increase the funding amount by $1.4 million for a new total not-to-exceed amount of $4.035 million.

(Finance & Governance Committee approved 3-0 on September 23, 2025.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/PgAxKWyh80o

BACKGROUND

The City’s computer network infrastructure, consisting of more than 200 physical components, supports the delivery of essential resident services across 27 City sites.

In recent years, staff has undertaken a systematic upgrade of network equipment to strengthen and secure the City’s technology backbone. The useful life of network equipment is typically 5–7 years, after which equipment becomes increasingly vulnerable to cyber threats, operational inefficiencies, and business continuity risks.

The City’s upgrade strategy seeks to ensure:
• A current, modern network design and architecture fully supported by the manufacturer • An architecture that is scalable, resilient, agile, secure, efficient, and expandable to meet evolving technology standards
The City is leveraging the Omnia Partners Cobb County, GA Contract 23-6692-03 cooperative contract for Technology Product Solutions and Related Services. This agreement ensures competitive pricing and streamlined procurement while meeting public purchasing requirements.

Insight Public Sector, Inc. serves as the City’s authorized value-added reseller under the existing network infrastructure vendor agreement. On May 16, 2023, the City Council authorized a blanket agreement with Insight through June 30, 2026. This renewal extends the agreement through April 30, 2028 and increases the funding authorization by $1.4 million for a total not-to-exceed amount of $4.035 million.

Annual purchases from Insight have provided the City with the hardware, software, and services necessary to ensure the foundational network infrastructure runs optimally and remains protected from malicious threats. The agreement also supports continued network refresh and upgrades at City work locations.

499
During the past four fiscal years, annual purchases from Insight have averaged approximately $618,000.

Increased investment in the City’s networking backbone has been a key achievement, enabling staff to replace outdated equipment that posed cybersecurity risks and productivity losses. These upgrades also position the City to fully realize the benefits that residents and businesses will gain from the implementation of the City’s modern ERP system.

Extending the agreement and increasing the not-to-exceed amount ensures:
• Ongoing replacement of aging network components
• Upgrades to keep facilities current
• Alignment with industry best practices for resiliency and security

Approval of this extension and funding increase will allow the City to continue its proactive strategy for maintaining a modern, secure, and resilient network infrastructure. These investments safeguard critical services, enhance cybersecurity protections, and lay the foundation for the City’s next-generation enterprise systems.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

The proposed action adds $1.4 million in funding authority through April 30, 2028, for a total not-to-exceed amount of $4.035 million. Funding for this contract is included in the adopted FY2025-26 Information Technology Operating Fund budget, with future year funding to be included as part of future budget processes.

For Finance Use Only: IT Internal Service Fund, IT (Org. 7311801 Obj. 52400 and Org. 7311801 Obj. 53001).

COMMITTEE OUTCOME

The Finance & Governance Committee approved 3-0 on September 23, 2025 to approve the staff recommendation and to forward the item for Council approval.

Prepared by: Gary Krumian, Programmer Analyst

ATTACHMENTS

1. Presentation

500
Purchasing Authorization - Insight
Public Sector Inc.

City Council
October 21, 2025
Rob Ruben, CIO
501
That the City Council approve and authorize the Mayor to extend blanket agreement number 32400174 with Insight
Public Sector Inc. for the purchase of computer networking technology through April 30, 2028 and increase the funding amount by $1.4 million for a total not to exceed amount of $4.035 million.

RECOMMENDATION 2
502
• In recent years, staff has intensified the focus on upgrading networking hardware and software throughout the City to strengthen and secure the technology infrastructure
• Useful equipment life of this equipment is typically 5-7 years • Obsolescence introduces business continuity and cyber risks • Staff’s upgrade strategy seeks to ensure:
• Current, modern network design/architecture that is fully-supported by manufacturer
• Architecture that’s scalable, resilient, agile, secure, efficient and expandable for evolving technology standards
• Automated City network services & internal controls reducing errors and administrative overhead
• Service contracts are in place to ensure the security and operability of the hardware and software
BAC KG RO UN D – Computer Network Infrastructure 3
The City’s computer network infrastructure, comprised of 200+ physical components, supports the delivery of resident services across 27 city sites. 503
• Insight Public Sector, Inc is the City’s current technology value added reseller for network and infrastructure
• Insight offers access to competitive public purchase agreements • The current blanket agreement with the vendor, authorized by Council on May 16, 2023 extends through June 30, 2026 and has allowed the IT Department to use Insight for:
• Network equipment
• Infrastructure system software
• Associated maintenance and support agreements
• Infrastructure professional services as may be needed BACKGROUND – Vendor 4
504
• City is leveraging the Omnia Partners Cobb County GA Contract 23-6692-03 cooperative contract for Technology Product
Solutions and Related Services
• Insight provides the City with hardware and software that allow the foundational network infrastructure to run optimally and to be protected from malicious threats at all of its locations • This renewal adds $1.4 million through April 30, 2028 for a total NTE of $4,035,000

NEEDS AND DETAILS
5 505
• During the past four fiscal years, annual purchases from Insight have averaged approximately $618,000
• Increased investment in the City’s networking backbone has been a key achievement that has allowed staff to replace the most outdated equipment that posed cybersecurity risks and productivity losses
• These upgrades also position the City to fully realize the benefits that residents and businesses will gain from the implementation of its modern ERP system • FY24-25 had a sharp rise in cost due to price increases and multi-year software maintenance purchases to lock in significant savings
• No new appropriations are required - all expenditures fall within already adopted budget limits
N EED S AN D D ETAILS 6
FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25
$338,385 $476,868 $676,819 $978,947
506
That the City Council approve and authorize the Mayor to extend blanket agreement number 32400174 with Insight
Public Sector Inc. for the purchase of networking hardware and software through April 30, 2028 and increase the funding amount by $1.4 million for a total not to exceed amount of $4.035 million.

RECOMMENDATION 7
507

QUESTIONS
8 508

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. N.3

DATE: October 21, 2025

TO: City Council

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

SUBJECT: Agreement 32600054 with Badger Meter, Inc. for BEACON Software as a Service. (10 minutes)

RECOMMENDATION

The City Council approve and authorize the Mayor to execute an Agreement with Badger Meter, Inc. in the amount not to exceed $1,627,436.40 for a five-year term from November 1, 2025, to October 31, 2030, for BEACON Software as a Service (SaaS) cellular service unit.

(This item did not originate in Committee because it is a continuation of a previous item approved by the City Council on October 19, 2021.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/zEf4a913LzY

BACKGROUND

On October 19, 2021, City Council approved Agreement A-8371 with Badger Meter, Inc. for the Automated Meter Infrastructure (AMI) Installation Project PW 17-32 (C2022) Capital Improvement Program (CIP) project. At the time of writing this staff report, staff members are in the process of closing out the construction phase of the CIP project.

The CIP project scope of work included:
• A field survey of existing meters
• Replacement of every water meter in the City’s water distribution system • Installation of cellular read endpoints
• Cellular read and BEACON Software service for 12 months following meter installation • Replacement of meter box lids

The AMI Installation Project included the use of the BEACON Software system for the initial commissioning period after the installation of the new Badger meters. Now that the CIP project is nearing completion, the extension of the BEACON Software as a Service (SaaS) system is recommended to continue to interface with the newly installed meters and associated network.

Capital Improvement Program (CIP) Reference:

Project No. C2022 – Water Distribution: Automated Meter Infrastructure Replacement Project – CIP 2025-2029 - Adopted June 4, 2024 – Page 159.

DISCUSSION

509
The benefits of a new AMI system include high-accuracy reads, real-time water usage reporting, leak detection, optional integrated shut-offs, customer interface and engagement, lead-free body, and a 20-year warranty. Additionally, there will be a full inventory of all water meters in the City, which will provide the classification, global positioning system (GPS) location, size, associated address, and installation date.

Water consumption is sent on a monthly basis via a cellular network, eliminating manual reads. The new meters are equipped with leak detection and include a web-based customer interface showing historical and average consumption.

This system will be able to integrate directly with the City’s enterprise software.

Badger Meter, Inc. provides cellular read service and customer interface using the ORION Cellular Network as a Service (NaaS) and BEACON Software as a Service (SaaS) cellular service unit. The BEACON software includes access to the EyeOnWater dashboard, allowing water customers to track water consumption and monitor for leaks. BEACON access and meter reading services are provided on a per-meter subscription basis. Badger Meter, Inc. is the sole source provider of BEACON and a negotiated single-source agreement is required to continue meter reading service.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

The total cost for this Agreement shall not exceed $1,627,436.40 and the first year of this Agreement has been programmed in the Fiscal Year 2025-26 Adopted Budget from the Water Operating Fund 601 (Account 6013600-53001).

Funding for subsequent fiscal years will be requested during the annual budget process. The estimated spending plan per fiscal year is as follows:

Estimated Spending Plan for Badger Meter, Inc.

Account Number 6013600-53001
FY 25-26 FY 26-27 FY 27-28 FY 28-29 FY 29-30 TOTAL
$307,718.16 $316,482.72 $325,367.28 $334,371.84 $343,496.40 $1,627,436.40

COMMITTEE OUTCOME

This item did not originate in Committee because it is a continuation of a previous item approved by the City Council on October 19, 2021.

Prepared by: Timothy Beaman, Assistant Public Works Director

ATTACHMENTS

1. Agreement 32600054

2. Badger Agreement Clarification Letter

3. Quote

4. Presentation

510
Badger Meter: BEACON Advanced Metering Analytics

BADGER METER BEACON AMA MANAGED SOLUTION GENERAL AGREEMENT ("General Agreement")
Last modified: April 17, 2014

1. NOTICE TO CUSTOMER: THE PORTAL WHICH YOU ("Customer") ARE ATTEMPTING TO ACCESS IS THE PROPERTY OF BADGER METER, INC. ("Badger Meter"). PRIOR TO ACCESSING THE PORTAL, YOU MUST REVIEW AND AGREE TO COMPLY WITH THE TERMS OF THIS GENERAL AGREEMENT. BY CLICKING "I ACCEPT," YOU ARE YOU ARE REPRESENTING TO BADGER METER THAT YOU HAVE BEEN AUTHORIZED

TO ENTER INTO THIS AGREEMENT ON BEHALF OF CUSTOMER, THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS GENERAL AGREEMENT. BY CLICKING "I ACCEPT", YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT WITH BADGER METER ("ACCEPTANCE") ON BEHALF OF THE CUSTOMER.WE RECOMMEND THAT YOU PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.This General Agreement is entered into by and between Badger Meter, Inc., a Wisconsin corporation with offices located at 4545 W. Brown Deer Road, Milwaukee, Wisconsin 53223 and Customer.

2. EFFECTIVE DATE.This General Agreement is effective upon Customer's Acceptance of the terms of this General Agreement (the "Effective Date").

3. ACCESS AND USE OF SERVICE.Badger Meter has developed a hosted, on-demand, software service for the BEACON AMA Managed Solution ("Service") via a website ("Portal") which is accessible to its Customers and their end users ("Consumers") to view metering and water usage service information. Upon Badger Meter's Acceptance of the terms of this Starter Agreement, Badger Meter grants to Customer the right to remotely access and use the Service from the Portal for Customer's internal business use and for the benefit of Consumers during the Term. Except for the rights to access and use the Portal and the Service granted to Customer and its Consumers during the Term as defined below, Badger Meter retains all other intellectual property rights related to the Portal and the Service.

4. TERM.

1. For Starter Program Customers

1. Starter Term.The term of this Agreement begins on the Effective Date and continues for a period of four (4) months ("Starter Term") unless earlier terminated in accordance with Section (12) of the Agreement.

2. Master Agreement.If Customer executes the Badger Meter BEACON AMA Managed Solution Master Agreement ("Master Agreement") on or before the expiration of the Starter Term, Customer may continue to utilize the Portal and the Service, pursuant to the Terms of the Master Agreement.

3. If Customer chooses not to execute the Master Agreement on or before the expiration date of the Starter Term, Customer will be invoiced a subscription fee for the Service. If Customer chooses to not pay the subscription fee, Customer and its Consumers will no longer have the right to access or use the Portal or the Service and their access to the Customer Data will be terminated.

2. For Legacy/Non-Utility Deployment Customers

1. Term. The term of this Agreement ("Term") begins on the Effective Date and continues unless earlier terminated in accordance with Section (12) of the Agreement.

2. Master Agreement.If Customer executes the Badger Meter BEACON AMA Managed Solution Master Agreement ("Master Agreement") during the Legacy/Non-Utility Deployment Term, Customer may continue to utilize the Portal and the Service, pursuant to the Terms of the Master Agreement.

Agreement No. 32600054

Page 1 of 5 ends

4. Not to exceed (NTE): $1,627,436.40
511

3. If Customer chooses to not pay subscription fee, Customer and its Consumers will no longer have the right to access or use the Portal or the Service and their access to the Customer Data will be terminated.

5. RESTRICTIONS ON RIGHT TO USE THE SERVICE.Customer agrees that neither Customer, its employees and contractors ("Authorized Users") nor those water end users whom Customer has approved as an end-user of the Portal and Service by Customer ("Consumers") will perform any of the following actions when accessing the Portal or utilizing the Service:

1. Sell, license, sublicense, or otherwise permit access by unauthorized third parties to the Portal or the Service.

2. Remove patent, copyright, trademark or other intellectual property markings on the Portal or Service.

3. Copy, disassemble, reverse engineer, or otherwise modify the Portal or Service.

4. Use the Portal or Service in a manner that violates any international, federal, state or local law, rule or regulation.

6. CUSTOMER DATA. Any information provided to Badger Meter by Customer or its Consumers in accessing or using the Portal or the Service, including but not limited to any personally identifiable information ("Customer Content") shall remain the property of Customer. Customer grants Badger Meter the right to host, access, store and use such Customer Content and to provide, maintain and enhance the Portal and the Service. Customer shall remain responsible for complying with all applicable data privacy and security laws related to the Customer Content and represents to Badger Meter that it has obtained consent from the Authorized Consumers to transmit the Customer Content to Badger Meter and to allow Badger Meter to host, access store and use and allow access to the Customer Content.

7. CUSTOMER'S REPRESENTATIONS AND WARRANTIES. Customer represents and warrants to Badger Meter that Customer:

1. Has the right and authority to enter into this Agreement and to meet its legal obligations under this Agreement.

2. Will comply with all applicable international, federal, state and local laws rules and regulations ("Law") related to the performance of its obligations under this Agreement and the use of the Services and will ensure that neither Customer, its employees or agents or the Consumers will access the Portal or the Service in any manner that violates any applicable Law.

3. Will not resell, license, sublicense, assign, transfer or distribute to third parties, access to the Portal or Service.

4. Will not alter, reverse engineer, disassemble, or otherwise modify the Portal, or the Service, or make any derivative work based in whole or in part on the Portal or the Service.

5. Will require that the Consumers comply with Badger Meter's End User Terms and Conditions for use of the Portal and Service as it may be updated from time to time.

8. AS-IS-SERVICE. BADGER METER PROVIDES THE PORTAL AND THE SERVICE TO CUSTOMER AND CONSUMERS ON AS-IS-BASIS. BADGER METER EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE PORTAL AND THE SERVICE, INCLUDING, BUT NOT LIMITED TO, (1)

WARRANTIES CONCERNING THE RELIABILITY, QUALITY, SECURITY, CONDITION, DESIGN, SUITABILITY, INTER-OPERABILITY, AVAILABILITY OR COMPLETENESS OF THE PORTAL OR SERVICE; (2) THE IMPLIED

WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE; OR (3) IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR FROM INDUSTRY PRACTICE.

9. LIMITATION OF LIABILITY. CAP ON DAMAGES

1. LIMITATIONS OF LIABILITY: IN NO EVENT SHALL BADGER METER BE LIABLE TO CUSTOMER, ITS

EMPLOYEES, AGENTS OR CONSUMERS OR ANY THIRD PARTY FOR ANY CLAIMS, DEMANDS,

ACTIONS, DAMAGES, LOSSES, JUDGMENTS, SETTLEMENTS, COSTS OR EXPENSES, (INCLUDING,

BUT NOT LIMITED TO, ATTORNEYS' FEES AND LITIGATION EXPENSES) RELATED TO THE

PORTAL, THE SERVICE, THE CUSTOMER DATA OR THE SUBJECT MATTER OF THIS AGREEMENT ("CLAIM"). IN NO EVENT SHALL BADGER METER BE LIABLE TO CUSTOMER OR ANY THIRD

PARTY FOR (A) ANY CLAIM FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF; (B) ANY CLAIM

RESULTING FROM LOSS OF DATA, BREACH OF CONFIDENTIALITY, LOST REVENUE OR LOST PROFITS; OR (C) ANY OTHER CLAIM ARISING IN CONTRACT, TORT, OR OTHERWISE. ANY CLAIM AGAINST BADGER METER MUST BE BROUGHT NO MORE THAN THREE (3) MONTHS FROM THE DATE THE CLAIM AROSE.

Agreement No. 32600054

Page 2 of 5 ends

512

2. CAP ON DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS

AGREEMENT, BADGER METER'S TOTAL LIABILITY TO CUSTOMER, CONSUMERS OR ANY THIRD

PARTY AGAINST BADGER METER ARISING FROM OR RELATED TO THE PORTAL, THE SERVICE,

THE CUSTOMER DATA OR THE SUBJECT MATTER OF THIS GENERAL AGREEMENT MAY NOT EXCEED THE SUM OF $100.00.

10. CONFIDENTIALITY.

1. Protection of Confidential Information.The parties agree that any nonpublic information shared between the parties in connection with their performance under this Agreement shall be deemed to be confidential and proprietary, including but not limited to the Customer Content ("Confidential Information"). Each party agrees to hold the other party's Confidential Information in strict confidence and will not copy, reproduce, give, sell, assign, license, market, transfer or otherwise dispose of the Confidential Information to third parties or use the Confidential Information for any purposes whatsoever other than as contemplated by this Agreement, without the other party's prior written consent.

2. Return/Destruction. Within ten (10) days after receiving a request from the Disclosing Party, the Receiving Party agrees to either return to the Disclosing Party tangible and intangible originals and copies of any Confidential Information, as well as any materials developed using the Confidential Information, or destroy the Confidential Information
Traffic Information.All de-identified data generated or collected by Badger Meter through operation of the Portal and the Service is referred to as the "Traffic Data." All Traffic Data shall be the Confidential Information of and owned exclusively by Badger Meter.

3. Third Party Requests for Confidential Information. Neither party may disclose the other party's Confidential Information except as permitted under this Agreement or as otherwise required by law. If a party receives a request for access to the other party's Confidential Information, that party agrees to inform the disclosing party in writing within three (3) business days of receipt of the request unless prohibited by law.

4. Exclusions from Confidential Information. Confidential Information of a party shall not include information which: (i) is in or becomes part of the public domain through no fault of the receiving party; (ii) the receiving party can prove was known to it prior to its receipt from the disclosing party; (iii) is independently developed by the receiving party outside of this Agreement without the use of the disclosing party's information; or (iv) is obtained by the receiving party from a third party which had no obligation of confidentiality to the disclosing party.

5. Equitable Relief. The parties agree that in the event of a breach of this Section 10, money damages may be inadequate. Either party may seek injunctive, declaratory or other equitable relief to prevent a breach of this Section 10.

11. Customer's Indemnification Obligations. Customer agrees to defend, indemnify, and hold harmless Badger Meter as well as its suppliers, affiliates, officers, employees, agents, representatives and customers (the "Badger Meter Parties"), against any Claim related to the access to or use of the Portal or the Service, the Customer Data or the subject matter of this Agreement. Upon receipt of a Claim, Badger Meter will provide prompt written notice to Customer of the Claim for which the Badger Meter Parties seek indemnification. The notice will include a description of the Claim with reasonable detail of the facts giving rise to the Claim. Upon receipt of notice of a Claim, Customer shall be obligated, to assume and control the defense of such Claim at its own expense. Badger Meter may retain its own counsel to cooperate in defending the Claim, at its own expense. The Badger Meter Parties agree to cooperate with Customer in defending the Claim and in making available to Customer all witnesses, records, materials and information in Badger Meter's possession or control to assist in the defense of the Claim as is reasonably requested by Customer. Customer may not settle or compromise any Claim or consent to the entry of any judgment against the Badger Meter Parties unless Badger Meter provides prior written consent and the Badger Meter Parties are given an unconditional written release from all parties with respect to the Claim. In the event Customer fails to defend, indemnify, and hold the Badger Meter Parties harmless, after notice of a request for indemnification, Badger Meter shall be entitled to assume the defense and seek reimbursement from Customer for all Claims.

12. TERMINATION.

1. Badger Meter will have the right to terminate this Agreement prior to the expiration of the Term upon (i) a material breach after providing ten (10) days written notice to Customer and an opportunity to cure; (ii) a violation of Customer's representations and warranties; or (iii) upon an assignment for the benefit of creditors, the appointment of a receiver for its business or assets, or avails itself of, or becomes subject to, any proceeding under any statute of any province, state or country relating to Agreement No. 32600054

Page 3 of 5 ends

513
insolvency or for the protection of creditor rights or if Customer becomes insolvent or technically bankrupt.

2. Badger Meter will have the right to terminate this Agreement under the Legacy/Non-Utility Program Term upon non-payment of subscription fee by Customer for the Service.

3. Badger Meter will have the right to terminate this Agreement after the expiration of the Starter Term upon non-payment of subscription fee by Customer for the Service.

4. Upon termination of this Agreement, (i) Badger Meter may cease providing access to the Portal and the Service to Customer and its Authorized Users; (ii) Customer and its End Users will have no further right to use the Portal or the Service; (iii) will immediately cease using the Portal and the Service, and will receive no further Services; (iv) the parties will deliver to each other any Confidential Information of the other party in its possession or control and (v) Badger Meter may cease gathering data from Customer's endpoints at 120 days after termination.

5. If Customer desires to reinstate Service after termination, a reinstatement fee will apply.

13. DATA SECURITY AND RECOVERY.

1. Data Transmission Risks. Customer acknowledges that security of transmissions over the Internet or the cellular network cannot be guaranteed. Badger Meter is not responsible for (i) Customer or its Consumer's access to the Internet; (ii) interception or interruptions of communications through the Internet or over the cellular network; or (iii) changes or losses of data through the Internet. In order to protect Customer Content, Badger Meter may suspend Customer, Authorized Users or Consumers use of the Portal or Service immediately, without prior notice, pending an investigation of any potential security breach.

2. Password Protection. Customer agrees to maintain the privacy of usernames and passwords associated with the Portal and Service. Customer shall remain responsible for all activities that occur under Customer's password or Internet account. Customer will immediately notify Badger Meter of any unauthorized use of Customer's password or Internet account or any other breach of security, and ensure that Customer exits from Customer's Internet account at the end of each session. Badger Meter shall not be liable for any damages incurred by Customer, its Consumers or any third party arising from Customer or its Consumer's failure to comply with these security obligations.

3. Third Party Access. To the extent that Customer requests that Badger Meter provide any Customer Content to Consumers or third parties, Customer represents that it has acquired any consents or provided any notices required to transfer such content or information and that such transfer does not violate any Law.

14. GENERAL.

1. Binding Agreement. This Agreement is binding upon and will inure to the benefit of the parties and their respective successors and assigns.

2. Affiliates. This Agreement covers only the employees and agents of Customer. If Customer wishes to have any entity which directly or indirectly controls, is controlled by or is in common control with Customer ("Affiliate") access the Portal and use the Service, Customer's Affiliate must execute a separate agreement with Badger Meter.

3. Assignment. Either party may assign its rights and obligations under this Agreement with the express written consent of the other party, which consent will not be unreasonably withheld or delayed.

Notwithstanding the foregoing, Badger Meter may assign its rights and obligations under this Agreement without the consent of the Customer (i) upon a sale of a majority of its outstanding capital stock to an affiliate or third party; (ii) if it sells all or substantially all of its assets; or (iii) in the event of a similar change of control.

4. No Waiver; Severability. All rights and remedies of the parties are separate and cumulative. The waiver or failure of either party to exercise any right or remedy provided under this Agreement will not be deemed a waiver of any further right or remedy.

5. S avings Clause. The invalidity of any provision of this Agreement shall not affect the validity and binding effect of the remaining provisions.

6. No Third Party Beneficiaries. Nothing express or implied in this Agreement shall confer any rights, remedies, obligations or liabilities whatsoever to third parties.

7. Governing Law. The terms of this Agreement are governed by the laws of the State of Wisconsin, without reference to its conflict of laws principles, the parties consent to the exercise of personal jurisdiction over them by the state and federal courts sitting in Milwaukee, Wisconsin, and waive any objection that they would otherwise have to venue in such courts.

8. Survivability. Any provision of this Agreement which by its nature should survive termination or expiration of this Agreement shall survive its expiration or termination.

Agreement No. 32600054

Page 4 of 5 ends

514

9. Force Majeure. Neither party shall be liable for any delay due to causes beyond its reasonable control, such as acts of God, natural disasters, strike, work stoppage or other labor dispute, riots, acts of war or terrorism, or any action or restraint by court order or public or governmental authority.

10. Amendment. This Agreement may only be amended by a written document signed by both parties.

11. Entire Agreement.This Agreement constitutes the entire agreement between the parties with regard to its subject matter and supersedes all prior or contemporaneous agreements, discussions, negotiations, representations or proposals, whether written or oral.

12. Privacy Policy:Badger Meter's Privacy Policy, which is found here, is incorporated into the Terms.

13. Questions. Please direct any questions to [email protected].

CITY OF OXNARD
By: _____________________________
Name: __________________________
Title: ____________________________
BADGER METER, INC.

By: _____________________________
Name: __________________________
Title: ____________________________
Stephen M. Fischer
(Type or print name)
City Attorney
By:

Approved as to form:
(Title)
By:

Lourdes A. López, City Clerk
(Only if Mayor signs)
Date: _______________
ATTEST:
_______________________
______________________
______________________
______________________
Date: _______________
Luis A. Mc Arthur
Mayor
Kim Stoll
VP
Agreement No. 32600054

Page 5 of 5 ends

515

August 19, 2025
Timothy Beaman
Assistant Public Works Director
City of Oxnard
251 S Hayes Avenue
Oxnard, California 93030
RE: Badger Meter BEACON AMA Managed Solution General Agreement Clarification (the “General Agreement”)
Dear Mr. Beaman:

We wanted to address and clarify two inquiries that were posed regarding the General Agreement that is currently in place between the City of Oxnard (the “City”) and Badger Meter, Inc. (“Badger Meter”).

First, Badger Meter confirms the General Agreement is current and active with respect to the City’s use of BEACON® Software as a Service. References to a “BEACON AMA Managed Solution Master Agreement” within the General Agreement are not applicable and the General Agreement is the only active agreement in place between the City and Badger Meter with respect to BEACON.

Second, Badger Meter would also like to confirm that the City is considered a “Legacy/Non-Utility Deployment Customer” for purposes of the General Agreement. As such the Term of the General Agreement is subject to Section 4.2 therein.

We thank you for allowing us to make the clarifications above and for your continued business with Badger Meter. Please do not hesitate to reach out to your account manager, David Blakeney at [email protected], should you have any additional questions.

Thank you,
BADGER METER, INC.

Mark Leveille
Regional Sales Director - West
516
Badger Meter Inc.
4545 W Brown Deer Road Milwauk
ee WI 53223
PO Box 245036 Milwaukee WI 53224-9536
To Customer ID 00026118

CITY OF OXNARD
251 S HAYES A
VE
OXNARD
California , 93030-605

Revised Date:

Pricing Effective Dates: 11-01-2025 - 10-31-2030

Salesperson Proposal Subject Shipping Terms / INCO Terms Payment Terms 008102 DA
VID BLAKENEY Proposal_3767163_05-14-2025 PREPA

Y/NO CHARGE

FCA FACT
ORY
NET 30 DA
YS
Line # Description Qty Unit Net Price
USD
Line Totals
USD
1 504456 0.610 307,718.16
2 510456 0.620 316,482.72
3 516456 0.630 325,367.28
4 522456 0.640 334,371.84
5 528456 0.650 343,496.40
Subtotal - USD 1,627,436.40
Total Price - USD 1,627,436.40
Notes and Assumptions
If applicable, sales tax and freight, if included on the proposal, is an estimate and will be recalculated based on rates and tax status in effect at the time of inv
oicing.

Domestic Quotation
Quotation No. 3767163
Thank you for your business!
Estimated ship dates subject to change based upon component availability , as a result of global supply chain constraints, or credit review.

This acknowledgment is made subject to the terms & conditions found on our web-site: https://www.badgermeter.com/terms-and-conditions.

Terms and conditions related to ser
vice units, training, and professional services can be found here: https://badgermeter.com/service-units-terms-and-conditions

Page 1 of 2 ends

BMI Part No.: 68886-104 Customer
Part: YEAR 1 Description:

ORION CELLULAR LTE SERV UNIT
FY 2025-2026
BMI Part No.: 68886-104 Customer
Part: YEAR 2 Description:

ORION CELLULAR LTE SERV UNIT
FY 2026-2027
BMI Part No.: 68886-104 Customer
Part: YEAR 3
Description:

ORION CELLULAR LTE SERV UNIT
FY 2027-2028
BMI Part No.: 68886-104 Customer
Part: YEAR 4 Description:

ORION CELLULAR LTE SERV UNIT
FY 2028-2029
BMI Part No.: 68886-104 Customer
Part: YEAR 5
Description:

ORION CELLULAR LTE SERV UNIT
FY 2029-2030
517
T
o expedite the order entry process, please ensure the following is noted on your purchase order: billing address, shipping address, purchase order number, quantity, price, payment terms, quotation number, and the vendor is listed as Badger Meter, Inc.

Please send all purchase orders to the contact that prepared this quotation for you.

Actual lead time to be provided at time of order.

Badger Meter provides certification files to help manage meter and endpoint inventory and to maintain meter accuracy data. The standard method of deliv
ery for this format is via electronic mail. Any deviations from our standard format, or any custom file formats, will be considered on a time and material basis.

Domestic Quotation
Quotation No
. 3767163
Thank you for your business!
Estimated ship dates subject to change based upon component a vailability, as a result of global supply chain constraints, or credit review.

This acknowledgment is made subject to the terms & conditions found on our web-site: https://www.badgermeter.com/terms-and-conditions.

T
erms and conditions related to service units, training, and professional services can be found here: https://badgermeter.com/service-units-terms-and-conditions P
age 2 of 2
518

Page 1 of 1 ends

BEACON® SaaS
May 19, 2025
Mr. Timothy Beamon
City of Oxnard
6100 Perkins Road
Oxnard, CA 93033
RE: Sole Source Letter
Dear Mr. Beamon:

This letter will confirm that Badger Meter is the sole source provider of BEACON® SaaS for the City of Oxnard .

In the event you have any questions regarding this correspondence, we can be reached by telephone at 800-876-3837 or by email at [email protected].

Sincerely,
BADGER METER, INC.

Matthew B. Gieseke
Assistant Secretary and Proposal Lead

519
BEA-QS-00555-EN-01 (January 2014)
Quick Start Guide
BEACON Advanced Metering Analytics
Software At A Glance
BEACON At A Glance is the control center for your Utility, with a variety of modules that provide a snapshot view of current and historical activity, real-time status for any issues that may need attention and access to all BEACON major functions.

Simply click and drag a module to reposition it or use the Add/Remove link to add or remove a module. Available modules are described below.

Billing Reads
Process read data captured by the system into a billing file that can be passed to your billing software. Billing Reads shows meters that have a current billing read available and meters missing reads.
• Click the number of meters to display a list.
• To display a list of all previously run billing read files, click Billing Reads. • To create a new billing read file, click New Billing Read.

Flow Health
Provides an overview of any flow issues in the water system. Select all the meters in the system or select a user specific group to view.

Click
to see a list of accounts currently reporting the condition.

Gateway Health
Number and % of gateways reporting with and without issues as well as a list of gateways with the reported issues.

Endpoint Health
Number and % of endpoints reporting with and without issues as well as a list of endpoints with the reported issues.

Favorites
Users have the ability to mark specific accounts as favorites. Columns can be sorted.

To mark a favorite, click
when viewing the account card on the Monitor page.

Each user sees only the accounts he or she personally marked as a favorite.

Click
to see account details.

What’s New
Displays information on new and upcoming features for the BEACON AMA software.

Top Accounts By Usage
Displays the top accounts that are currently using the most water in the system by day, week or month. Up to 40 accounts can be selected. Columns can be sorted.

Click
to see account details.

Technical Support
Displays the phone number to call for
Badger Meter Technical Support and a link when you need to connect online.

System Water Usage
Snapshot of the water usage in your system. Can be used to compare today’s usage to yesterday’s water usage in graph and number formats. Use the calendar to select the specific time period to view. Select all the meters in the system or select a user specific group to view.

Additional icons
display in the top right
corner as you hover with
the mouse at the top of a
module.

A question mark indicates
information is available.

Click
to access the
information.
520
www.badgermeter.com

Due to continuous research, product improvements and enhancements, Badger Meter reserves the right to change product or system specifications without notice, except to the extent an outstanding contractual obligation exists. © 2014 Badger Meter, Inc. All rights reserved.

Recommendation 2
523
• The Advanced Meter Infrastructure (AMI) Project commenced in 2021 and included:
• A field survey of existing infrastructure
• Replacement of approximately 43,000 water meters
• Installation of cellular read endpoints
• Cellular read and BEACON Software service for 12 months following meter installation
• Replacement of meter box lids
• The AMI Project is substantially complete and in the project close-out phase.

BACKGROUND 3
524
• Badger Meter, Inc provides cellular read service and customer interface via:

1. ORION Cellular Network as a Service

2. BEACON Software as a Service cellular service units
• BEACON software includes access to:
• The “EyeOnWater” dashboard
• Meter reading services provided on a per meter subscription basis • High accuracy reads
• Real-time water usage
• Leak detection
• Badger Meter, Inc is the sole provider of this service DISCUSSION 4
525
• T otal cost for this Agreement shall not to exceed $1,627,436.40 over the five-year term
• Funding has been programmed in the Fiscal Year 2025-26 Adopted Budget from the Water Operating Fund 601
FINANCIAL IMPACT 5
526
QUESTIONS?
6 527

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. N.4

DATE: October 21, 2025

TO: City Council

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

SUBJECT: Golf Operations Year-End Final Report and Fiscal Year 2024-25 Budget Appropriations. (10 minutes)

RECOMMENDATION

That the City Council approve and authorize an appropriation in an amount up to $280,838 for additional FY 2024-25 expenses from the Golf Course Operating Fund (651).

(This item did not originate in Committee since this is a continuation of a previous item approved by the City Council on December 17, 2024.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/F01Dgy- r1Zg

BACKGROUND

The City of Oxnard owns the River Ridge Golf Club (“golf operations”), a municipal golf course under the supervision of the Public Works Department. The golf operations consist of two 18-hole golf courses, which are currently operated under contract by American Golf Corporation (“AGC”). AGC was awarded a five-year management agreement (“Agreement”) that began on July 1, 2019, and with approved extensions, ended on June 30, 2025. A new five-year agreement beginning on July 1, 2025 and ending June 30, 2030, with an option for another five-year extension, was approved by the City Council on May 6, 2025.

The original FY 2024-25 golf operations budget projected $6,146,450 in revenues and $5,137,191 in expenses. On December 17, 2024, the City Council approved a Second Amendment to the Golf Management Agreement with AGC to extend the agreement term to June 30, 2025, in order to have the end of the old contract coincide with the end of the fiscal year. Additionally, the City Council approved an additional $353,550 for projected increased revenues and $662,890 for projected increased expenses. Therefore, the revised budget was $6,500,000 in revenues and $5,800,081 in expenses. The reasons for the increased expenses was for the replacement of the bridge on hole #18 and the unplanned replacement of the entire irrigation control system due to a power surge from Southern California Edison (SCE) while performing repairs in the area. A claim was submitted to SCE, but was denied because of the age of the irrigation system.

DISCUSSION

Staff and AGC are closing the FY 2024-25 golf operations budget with $6,080,919 in actual expenses and $6,705,636 in projected revenues. Since the revised expense budget was $5,800,081, an appropriation from the Golf Fund balance in the amount not to exceed $280,838 is necessary to close the year.

EXPENSES

The final expenses of the golf operations for FY 2024-25 are $6,080,919. This is $280,838 higher than the revised projection of $5,800,081.
528

The $662,890 for additional expenses, which was approved on December 17, 2024, was an estimate for the replacement of the bridge and irrigation control system. However, the final cost of the bridge and the irrigation control system was $849,141. This is $186,251 more than the estimated $662,890. Additionally, the golf course operations incurred additional expenses for AQMD compliance (equipment), landfill compliance, irrigation pump repairs, and elevator replacement that were not anticipated and therefore not included in the original or mid-year budget adjustment in December 2024.

ITEM COST
Irrigation Controller Replacement $723,646
Bridge Replacement $125,495
SUBTOTAL $849,141
3400 Triflex Mowers (2) $126,288
Workhorse Maintenance Carts (4) $58,789
Landfill Compliance $96,108
Victoria Lakes Pump $49,170
New Elevator (down payment) $41,077
TOTAL $1,220,573

AGC informed staff about additional unforeseen capital expenses after the December 17, 2024 budget adjustments.

Instead of bringing another estimated budget adjustment back to the City Council, AGC worked to absorb the unplanned capital costs in the operations budget. Staff also decided to wait until the end of the fiscal year to comprise all final expenses, including the end of year incentive fee, to determine if an appropriation is necessary. At the end of FY 2024-25, the final expenses equal $6,080,919 and therefore an appropriation of $280,838 from the Golf Course Operating Fund (651) is necessary to close out the fiscal year.

To prevent future unforeseen capital projects from impacting the golf operations budget, Article 10 in the new 2025 Agreement is revised from the previous Agreement to provide the option for AGC to perform Capital Improvement Projects, that are outside of the golf operations budget (Annual Plan), upon written approval by the City. The golf course Capital Improvement Projects are funded with available funds in the Golf Fund Balance.

REVENUES

The projected revenues of the golf operations for FY 2024-25 are $6,705,636. This is $205,636 higher than the revised projection of $6,500,000 and is $353,550 higher than the original projections of $6,146,450. The actual revenues are still to be confirmed by AGC and verified by the City to also include earned interest. The revenues for this fiscal year were likely negatively impacted, compared to the previous year, due to the replacement of the bridge and irrigation control system, resulting in a reduction in the number of rounds played. The following chart is a breakdown of the revenues by year:

FISCAL YEAR TOTAL REVENUE
2020-21 $5,582,387
2021-22 $5,953,483
2022-23 $6,112,460
529
2023-24 $7,228,275
2024-25 $6,705,636

STRATEGIC PRIORITIES

This agenda item supports Economic Development strategy. The purpose of Economic Development strategy is to focus on the retention and expansion of Oxnard businesses by increasing the skills and employability of our local workforce, invite new business investments, and target site-based redevelopment opportunities.

FINANCIAL IMPACT

There is no impact on the General Fund. The appropriation of $280,838 from available reserves in the Golf Course Operating Fund (651) is necessary to close out the fiscal year. For FY 2024-25, the total operations expenses were $6,080,919, and the total gross revenues are projected to be $6,705,636.

GOLF OPERATING
FUND 651
FY 2024-25

REVISED EXPENSE
BUDGET
FY 2024-25

TOTAL EXPENSES

ADDITIONAL

APPROPRIATION

REQUEST
AGC 651-3641 $5,800,081 $6,080,919 $280,838

COMMITTEE OUTCOME

This item did not originate in Committee since this is a continuation of a previous item approved by the City Council on December 17, 2024.

Prepared by: Steve Howlett, Assistant Public Works Director

ATTACHMENTS

1. December 17, 2024 Staff Report

2. Presentation

530

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. K.5

DATE: December 17, 2024

TO: City Council

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

SUBJECT: Second Amendment to Golf Management Agreement A-8157 and Additional Budget Appropriations. (10 minutes)

RECOMMENDATION

That the City Council approve and authorize:

1. The Mayor to execute a Second Amendment to the Golf Course Management Agreement with American Golf Corporation for a time extension only for an additional term of four months ending on June 30, 2025; and

2. The recognition of additional golf course revenues in the amount of $353,550 and appropriate an amount not to exceed $662,890 for FY 2024-25 expenses in the Golf Course Operating Fund (651).

(This item did not originate in Committee since this is a continuation of a previous item approved by the City Council on June 4, 2024.)

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

BACKGROUND

On February 6, 2024, the City Council authorized staff to enter into negotiations with AGC for a new agreement to manage the River Ridge Golf Club operations. Please see the staff report from the February 6, 2024, City Council meeting for reference (Attached).

On June 4, 2024, the City Council approved a term extension to AGC Agreement A-8157 for an additional eight months with a term date of February 25, 2025 (see staff report attached).

DISCUSSION

Second Amendment for Time Extension Only

Staff from Public Works is finalizing a new Agreement with AGC pursuant to prior direction from the City Council at the February 6, 2024, and June 4, 2024, City Council meetings. The major deal points (e.g. term length, compensation, measuring customer service, golf course improvements, capital improvements, and landfill post-closure maintenance) have been drafted and agreed upon by AGC, with only a few minor items to be completed. Staff anticipates concluding the drafting of the new Agreement by January 2025 and will bring a separate action to the City Council for consideration 531
of the new golf course operations agreement. The negotiated draft of the new Agreement will be presented to the City Council in early 2025 for the new Agreement to begin on July 1, 2025. Therefore, staff is recommending this four-month time extension for AGC to complete the current fiscal year of operations.

As noted in the February 6 and June 4, 2024 staff reports, authorizing the extension of the existing agreement with AGC, staff is proposing modifications to the compensation model which will be different than in the existing agreement.

Additionally, staff is including language in the new agreement to incentives for improving the course conditions, repairing and replacing aging infrastructure, and continuing the profitability of the golf operations. Staff has drafted language in the new agreement to address and clarify these major elements that will provide specific objectives and criteria for measuring success.

In addition to providing financial thresholds and triggers for the operator to meet, there are also thresholds and requirements that are associated with the golf course experience for the customers. As such, in order to have a clean and separate accounting of revenues, expenditures, and incentives between the old agreement and the new proposed agreement, staff is recommending the extension of the existing agreement until the end of the current fiscal year. This will allow for:

1. The objectives/incentives in the current Agreement to be applied to the current thresholds and triggers

2. The new Agreement objectives/incentives to be based upon a complete fiscal year’s worth of data

3. A defined start/stop date for the Annual Plan; consistent with the approved Annual Plan of expenditures and revenue

4. The current and next fiscal year records to be complete fiscal years that coincide with the current and new agreements

Recognition and Appropriation of Additional Funds

Revenues: FY 2024-25 Golf Fund revenues are projected at $6,500,000, up $353,550 from the original budget of $6,146,450.

Expenditures: FY 2024-25 Golf Fund expenditures are projected at $5,800,000 million, up $662,890 from the original budget of $5,137,191. The main reason for the increase in expenses is the replacement of the cart bridge on hole #18 and the unplanned capital replacement of the irrigation controls and central computer which are one-time expenses.

Unfortunately, an unplanned Southern California Edison (SCE) power surge damaged the previous irrigation system beyond repair. City staff is working with SCE staff on a claim for reimbursement to the City for the cost of the new irrigation system.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

The Golf Management Agreement Second Amendment, to extend time only, will allow the Manager (AGC) to continue to manage and operate the golf course through the fiscal year in accordance with the standards set forth in the current Agreement and the most recently City-approved Annual Plan. Golf operations are funded by the Golf Enterprise Fund (651). The Adopted FY 2024-25 budget was set as the same as the Adopted FY 2023-24 budget.

Due to the performance of the golf operation during the past six months, staff requests to recognize an increase of $353,550 in budgeted revenues and the appropriation of $662,890 for additional expenses for capital improvements.

CATEGORY FY 2024-25 BUDGET BUDGET

ADJUSTMENTS
FY 2024-25

PROJECTIONS
532
REVENUES:

Golf Operations $6,146,450 $353,550 $6,500,000
Misc Revenue $265,200 $0 $265,200
Interest $157,436 $0 $157,436
TOTAL $6,569,086 $353,550 $6,922,636

CATEGORY FY 2024-25
BUDGET
BUDGET

ADJUSTMENTS
FY 2024-25

PROJECTIONS
EXPENSES:

City Labor $37,280 $0 $37,280
City Operations $700,517 $0 $700,517
Golf Operator $5,137,191 $662,890 $5,800,000
TOTAL $5,874,988 $662,890 $6,537,797
NET

DEFICIT/SURPLUS
$694,098 ($390,340) $384,839

Please note that the revenues for the golf course have exceeded expenditures for each of the years AGC has been the operator. Staff and AGC anticipate a similar result for this current fiscal year. Here is a summary of the last two fiscal years with respect to revenues and expenditures:

1. FY 2023-24: Revenues $7.3M; Expenditures $5.7M

2. FY 2022-23: Revenues $6.2M; Expenditures $4.7M

For Finance Use Only: Golf Course Operating Fund (Org. 6513640 Obj. 44100; Org. 6513641 Obj. 52400 & 53200)

COMMITTEE OUTCOME

This item did not originate in Committee since this is a continuation of a previous item approved by the City Council on June 4, 2024.

Prepared by: Steve Howlett, Assistant Public Works Director

ATTACHMENTS

1. Second Amendment A-8157

2. First Amendment A-8157

3. Original Agreement A-8157

4. February 6, 2024 Staff Report

5. June 4, 2024 Staff Report

6. Presentation

533
Golf Operations Year-End Final Report
and Fiscal Year 2024-25 Budget
Appropriations
City Council
October 21, 2025
Steve Howlett, Assistant Director
Public Works Department
534
That the City Council approve and authorize an appropriation in an amount up to $280,838 for additional FY 2024-25
expenses from the Golf Course Operating Fund (651).

RECOMMENDATION
2 535

BACKGROUND
3 • The City of Oxnard owns the River Ridge Golf Club
(“golf operations”), a municipal golf course under the
supervision of the Public Works Department. The golf
operations consist of two 18-hole golf courses, which
are currently operated under contract by American Golf
Corporation (“AGC”).
• AGC was awarded a five-year management agreement
(“Agreement”) that began on July 1, 2019, and with
approved extensions, ended on June 30, 2025. A new
five-year agreement beginning on July 1, 2025 and
ending June 30, 2030, with an option for another
five-year extension, was approved by the City Council
on May 6, 2025.

536

BACKGROUND
4 ● The original FY 2024-25 golf operations budget
projected $6,146,450 in revenues and $5,137,191 in
expenses.
• On December 17, 2024, the City Council approved a
Second Amendment to the Golf Management
Agreement with AGC to extend the agreement term to
June 30, 2025, in order to have the end of the fiscal
year coincide with the end of the old contract.
• Additionally, the City Council approved an additional $353,550 for projected increased revenues and
$662,890 for projected increased expenses. Therefore,
the revised budget was $6,500,000 in revenues and
$5,800,081 in expenses.

537

BACKGROUND
5 • The reasons for the increased expenses was for the
replacement of the bridge on hole #18 and the
unplanned replacement of the entire irrigation control
system due to a power surge from Southern California
Edison (SCE) while performing repairs in the area.
• A claim was submitted to SCE, but was denied because
of the age of the irrigation system.

538

DISCUSSION
6 Staff and AGC are closing the FY 2024-25 golf operations budget with $6,080,919 in actual expenses and
$6,705,636 in projected revenues. Since the revised
expense budget was $5,800,081, an appropriation from
the Golf Fund balance in the amount not to exceed
$280,838 is necessary to close the year.

EXPENSES
• The final expenses of the golf operations for FY
2024-25 are $6,080,919. This is $280,838 higher than
the revised projection of $5,800,081.
539

DISCUSSION
7 ● The $662,890 for additional expenses, which was
approved on December 17, 2024, was an estimate for
the replacement of the bridge and irrigation control
system.

● The final cost of the bridge and the irrigation control system was $849,141. This is $186,251 more than the
estimated $662,890. Additionally, the golf course
operations incurred additional expenses for AQMD
compliance (equipment), landfill compliance, irrigation pump repairs, and elevator replacement that were not
anticipated and therefore not included in the original or mid-year budget adjustment in December 2024.
540

DISCUSSION
8 ● AGC informed staff about additional unforeseen capital expenses after the December 17, 2024 budget
adjustments. Instead of bringing another estimated
budget adjustment back to the City Council, AGC
worked to absorb the unplanned capital costs in the
operations budget.
● Staff also decided to wait until the end of the fiscal year to comprise all final expenses, including the end of year incentive fee, to determine if an appropriation is
necessary. At the end of FY 2024-25, the final
expenses equal $6,080,919 and therefore an
appropriation of $280,838 from the Golf Course
Operating Fund (651) is necessary to close out the
fiscal year.
541

DISCUSSION
9 ● To prevent future unforeseen capital projects from
impacting the golf operations budget, Article 10 in the new 2025 Agreement is revised from the previous
Agreement to provide the option for AGC to perform
Capital Improvement Projects, that are outside of the
golf operations budget (Annual Plan), upon written
approval by the City.
● The golf course Capital Improvement Projects are
funded with available funds in the Golf Fund Balance.
542

DISCUSSION
10 REVENUES
• The projected revenues of the golf operations for FY
2024-25 are $6,705,636. This is $205,636 higher than
the revised projection of $6,500,000 and is $353,550
higher than the original projections of $6,146,450.
• The actual revenues are still to be confirmed by AGC
and verified by the City to also include earned interest. • The revenues for this fiscal year were likely negatively impacted, compared to the previous year, due to the
replacement of the bridge and irrigation control system, resulting in a reduction in the number of rounds played. 543
• There is no impact to the General Fund.

• The appropriation of $280,838 from available reserves in the Golf Course Operating Fund (651) is necessary to
close out the fiscal year.
• For FY 2024-25, the total operations expenses were
$6,080,919, and the total gross revenues are projected to be $6,705,636.

FINANCIAL IMPACT
11 544
12This is the footer.
545

CITY COUNCIL AGENDA REPORT

REPORTS
AGENDA ITEM NO. N.5

DATE: October 21, 2025

TO: City Council

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

SUBJECT: Public Project Agreement 32600135 with GSE Construction Company, Inc. for Secondary Sedimentation Tank Mechanical Equipment Replacement (Phase II), Specification No. PW 25-134. (10 minutes)

RECOMMENDATION

That the City Council approve and authorize:

1. A total of $2,995,711 in Project funds for the Secondary Sedimentation Tank Mechanical Equipment Replacement (Phase II), Specification No. PW 25-134;

2. The Mayor to Execute an Agreement with GSE Construction Company, Inc. in the amount of $2,496,425 for the Project and approve a Project contingency amount of $249,643 (~10%) with GSE Construction Company, Inc. for a total not to exceed value of $2,746,068 for the Project; and

3. A Project allocation amount of $249,643 (~10%) for engineering, inspection, survey and project management for the Project.
(This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.)

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/OapJny9r_zY

BACKGROUND

Oxnard’s Water Resource Recovery Facility (WRRF) contains 18 secondary sedimentation tanks (SST’s). Constructed in 1988 and identified in the 2017 Public Works Integrated Master Plan, the mechanical equipment for SST’s has exceeded its expected useful life of 25-30 years. Due to redundancy in the system and the large amount of construction at the WRRF, the Secondary Sedimentation Tank Mechanical Equipment Replacement requires a phased approach. Phase I of the project was completed in February of 2025. Phase II of the project includes the replacement of mechanical equipment in tanks 7 through 10 of the 18 SST’s. Subsequent projects will occur on an annual basis, allowing continued operation and avoiding failure of equipment across all of the SST’s over a period of time.

The work is tentatively scheduled to begin in November 2025 and continue into November of 2026 (260 working days), absent any delays for supply chain issues, unforeseen site conditions, or weather delays.

Capital Improvement Program (CIP) Reference:

Project No. C2402– Secondary Sedimentation Tank Mechanical Equipment Replacement - CIP 2025-2029 - Adopted June 4, 2024 – Page 156.

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DISCUSSION

The Notice Inviting Formal Bids (NIFB) for this project was published on July 17, 2025, in the local newspaper.

Additionally, the NIFB was posted on multiple online platforms, including the City’s website, and distributed directly to 27 contractors who have registered with the City to be notified of Public Project bids within their license category. All bids were opened on August 26, 2025, and the City received the following bids:

GSE CONSTRUCTION COMPANY, INC.: $2,496,425
FILANC: $2,515,605

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

In addition to the project award amount of $2,496,425, Staff recommends authorizing $499,286 for the project, which includes $249,643 for project contingency (~10% of the contract costs) and $249,643 for the cost for engineering services and City staff (~10% of the contract costs). Engineering services include the following activities during construction: engineering, inspection, survey and project management. These recommendations bring the total estimated cost of the project to $2,995,711.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

The total cost for this Project shall not exceed $2,995,711, which includes the construction agreement, contingency and project allocation. The Secondary Sedimentation Tank Mechanical Equipment Replacement (Phase II) Project (C2402) has an available project budget balance of approximately $4.78M funded from the Wastewater Operating Fund (611).

The ongoing maintenance cost for mechanical equipment on secondary sedimentation tanks 7 through 10 will have no new impacts on the Wastewater Division’s Operating budget, in comparison to the annual operating cost for the unrepaired equipment.

COMMITTEE OUTCOME

Prepared by: Timothy Beaman, Assistant Public Works Director

ATTACHMENTS

1. Agreement 32600135

2. Presentation

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Agreement No. 32600135

1 CONSTRUCTION CONTRACT FOR

SECONDARY SEDIMENTATION TANK MECHANICAL EQUIPMENT
REPLACEMENT PHASE II, FY 25/26
SPECIFICATION NO. PW 25-134

BY AND BETWEEN

THE CITY OF OXNARD AND
GSE CONSTRUCTION COMPANY, 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 GSE CONSTRUCTION COMPANY, INC. (“Contractor”).

Contractor’s license number is 401498. 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 SECONDARY SE DIMENTATION TANK MECHANICAL EQUIPMENT REPLACEMENT PHASE II, FY 25/26, as more fully described in the bid package issued by the City for SPECIFICATION NO. PW 25-134 (the “Project”); and

WHEREAS, on July 17, 2025, the City issued a Notice Inviting Bids and Contract Documents to prospective bidders for the Project. In response, Contractor submitted a Bid which the City determined to be the lowest responsive and responsible bid; and WHEREAS, Contractor is a duly organized corporation in good standing in the State of California, and represents that it has the background, knowledge, experience, expertise and resources to perform the Work and other obligations encompassed by this Contract; and WHEREAS, at its meeting held on _________________, the Oxnard City Council duly accepted Contractor’s Bid Proposal for the Project and directed that a written agreement for the Project be entered into with Contractor; the Public Works Department accepted the Contractor’s Bid Proposal for the Project and directed that a written agreement for the Project be entered into with Contractor; and
WHEREAS, in light of the facts set forth above and the certifications made by Contractor as part of its Bid, the City desires to retain Contractor to perform the construction Work for the Project as set forth in this Contract and in the Contract Documents, as hereinafter described.

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

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

1. RECITALS

The Recitals set forth above are true and correct and are hereby incorporated into this Contract by this reference, as though set forth herein.
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2 2. CONTRACT DOCUMENTS; ORDER OF PRECEDENCE

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

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

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

2. Change Orders issued and approved by the City;

3. Regulatory Permits as may otherwise be required by law;

4. Bid Addenda issued by the City;

5. Notice Inviting Bids and Instructions to Bidders;

6. Special Provisions

7. General Provisions

8. Appendices

9. Plans

10. Bid Forms and attachment thereto;

11. Performance Bond;

12. Payment Bond.

3. CONTRACTOR’S OBLIGATIONS

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

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

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

D. The suspension of the Work from any cause whatever shall not relieve the Contractor of his responsibility for the Work and materials as herein specified. If ordered by the Owner’s 549
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3 Representative, the Contractor shall, at the Contractor’s sole cost and expense, properly store materials which have been partially paid for by the Owner or which have been furnished by the Owner. Such storage by the Contractor shall be on behalf of the Owner, and the Owner shall, at all times, be entitled to the possession of such materials, and the Contractor shall promptly return the same to the site for the work when requested. The Contractor shall not dispose of any of the materials so stored, except with written authorization from the Owner.

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

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

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

4. LICENSES REQUIRED

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

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

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

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

5. CONTRACT PRICE; PAYMENT AND RETENTION

A. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor TWO MILLION, FOUR HUNDRED NINETY-SIX THOUSAND, FOUR HUNDRED TWENTY FIVE DOLLARS, ($2,496,425.00) (the “Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with Contractor’s Bid Proposal (attached hereto as Exhibit “A”) subject to the provisions of this Contract and the Contract Documents.

B. Procedures relating to payment and retention are set forth in Section A - General Provisions.
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4 6. CONTRACT TIME; NOTICE TO PROCEED; TERM

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

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

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

7. DISPUTE RESOLUTION AND CLAIMS PROCEDURES

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

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

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

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

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

2. Any Public Works Claims not resolved by the Section 20104.2 procedures (and/or any tort claims) shall be subject to the provisions of Section 20104.4 and the Government Claims Act (Government Code section 810 et seq.).
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5 C. For disputes or claims that do not constitute Public Works Claims, City and Contractor agree to comply with the following process:

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

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

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

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

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

8. TERMINATION OF AGREEMENT FOR CONVENIENCE

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

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

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

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

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

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

C. Upon such termination, the Contractor will be paid without duplication for:
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6 1. Work completed in accordance with the Contract Documents prior to the effective date of the Notice of Termination for Convenience;

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

3. Reasonable expenses directly attributable to termination.

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

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

9. TERMINATION FOR CONTRACTOR’S DEFAULT

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

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:

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7 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 these prevailing wage rates are on file at the City’s Finance Department/Purchasing Division and shall be made available for review to any interested party on request. In addition, a copy of the prevailing rate of per diem wages may be obtained via the internet at:
http://www.dir.ca.gov/DLSR/PWD. Contractor 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:

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

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

3. Enforcement. Upon notice of noncompliance with Labor Code § 1776, Contractor or Subcontractor has ten days in which to comply with the requirements of this section.

If Contractor or Subcontractor fails to do so within the ten-day period, Contractor or Subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Contractor.

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

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

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

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

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 555
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9 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 two hundred fifty dollars ($250) per day for each Calendar Day of unexcused delay in completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

12. COMPLIANCE WITH LAWS

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

13. WORKERS’ COMPENSATION CERTIFICATION

Pursuant to Labor Code § 1861, by signing this 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. [RESERVED] Not Used.

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

17. INDEMNIFICATION

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

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

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

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

4. Contractor's duty to defend, indemnify, and hold harmless as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of, or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to, the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation 557
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11 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 their designee(s), 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.
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12 D. Records and supporting documents pertaining to the use of funds paid to Contractor hereunder shall be retained by Contractor and made available to the Project Manager for purposes of performing an audit for a period of five (5) years from the termination of this Contract.

21. NONDISCRIMINATORY EMPLOYMENT

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

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

22. MODIFICATIONS AND AMENDMENTS

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

23. ENTIRE AGREEMENT

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

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

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

24. AMBIGUITIES

This Contract is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them. Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Contract. Notwithstanding the 559
Agreement No. 32600135

13 foregoing, the Parties agree that Exhibit “A” is attached hereto for reference purposes, and to the extent there are any ambiguities, inconsistencies, or conflicts between the terms of this Contract and Exhibit “A”, the terms of this Contract shall control and nothing set forth in Exhibit “A” shall be deemed to supersede any of the provisions of this Contract.

25. NOTICES

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

TO CITY: CITY OF OXNARD
Public Works Dept., Engineering Div.
305 W Third St, East Wing, 3
rd Fl
Oxnard, CA 93030
Attn: Project Manager (PW 25-134)
TO CONTRACTOR: GSE CONSTRUCTION COMPANY, INC.
7633 Southfront Rd, Ste 160
Livermore, CA 94551
Attn: Dennis Gutierrez, C.E.O.

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 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. 560
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14 29. CARE OF WORK

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

30. CAPTIONS AND HEADINGS

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

31. OWNERSHIP OF DOCUMENTS

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

32. SUCCESSORS, HEIRS, AND ASSIGNS

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

33. GENDER; PLURAL

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

34. SEVERABILITY

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

35. GOVERNING LAW

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

36. CUMULATIVE REMEDIES

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

37. VENUE

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

38. EFFECTIVENESS OF CONTRACT

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

39. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING CONTRACT

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

40. WAIVER

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

41. INDEPENDENT CONTRACTOR STATUS

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

42. COUNTERPARTS

This 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 562
Agreement No. 32600135

16 until it is executed with the handwritten signature or electronic signature of an authorized representative of each of the relevant Parties. Each counterpart shall be deemed to be a part of this Contract.

43. PROVISIONS REQUIRED BY LAW DEEMED INSERTED

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

44. ATTORNEY'S FEES

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

[END OF THIS PAGE – SIGNATURE PAGE FOLLOWS]

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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: [RESERVED] NOT USED.

Exhibit E: [RESERVED] NOT USED.

Exhibit F: [RESERVED] NOT USED.

EXHIBIT G: Grant of Non-Exclusive Right of Entry Agreement and Exhibits.

Payment and Performance Bonds

The corresponding exhibits and forms contained within follow.

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EXHIBIT A

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EXHIBIT A (continued)

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EXHIBIT B
FORM INS-G: INSURANCE REQUIREMENTS

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

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

a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $2,000,000 combined single limit for bodily injury and property damage for each claimant for gene ral liability with coverage equivalent to Insurance Services Of fice 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 Co verage (Occurrence Form CA0001) covering Code No. 1, “any auto;” c. If architectural, engineering, or electrical work will be perfo rmed under the Contract, Professional Liability/Errors and Omiss ions Insurance appropriate to the work being done in an amount not le ss than $1,000,000, with neither Contractor nor listed subcontr actors having less than $500,000 individually. The Professional Liability/E rrors and Omissions Insurance must be project specific wit h 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 a n amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all righ ts of subrogation which the insurer may have against the City.

2. Contractor shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-G. The certifi cates and endorsements for each insurance policy are to be signe d by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms o r on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before wor k commences. City reserves the right to requi re complete certified copies of all required insurance policies at any time. The c ertificates of insurance and endorsements shall be sent via email. If you have not received your request or are having difficulty with electro nic upload, contact [email protected]

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

4. Contractor agrees that the Commercial General Liability and Business Automobile Liability Insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as addi tional insureds as respects: liability arising out of activi ties performed by or on behalf of Contractor; products and completed operations of Cont ractor; premises owned, occupied or used by Contractor; or au tomobiles 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 sa me 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 pri or 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-ins urance 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 covera ge provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

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

7. All insurance standards applicable to Contractor shall also be applicable to Contractor’s subcontractors. Contractor agrees to maintain appropriate agreements with subcontractors and to provide prope r evidence of coverage upon receipt of a written request from th e Risk Manager.

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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 covera ge as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City =s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number.

Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.

Endorsement Forms

Original endorsements are required for general liability and autom obile liability insurance policies and must be attached to th e applicable certificate of insurance. City preference is that you use the endorsement forms which are attached. Substitute for ms will be accepted, however, as long as they include provisions comparable to the attached.

INS-G.doc

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

PRODUCER

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

CODESUB-CODE

COMPANIES AFFORDING INSURANCE COVERAGE

INSURED

COMPANY

LETTER A SPECIFY COMPANY NAMES IN THIS SPACE

COMPANY

LETTER B

COVERAGES

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

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

CO
LTR

TYPE OF INSURANCE

POLICY NUMBER

POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION

DATE (MM/DD/YY)

LIMITS

GENERAL LIABILITY
[x] COMMERCIAL GENERAL LIABILITY
[ ] 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

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

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

CERTIFICATE HOLDER

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

CANCELLATION

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

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

AUTHORIZED REPRESENTATIVE
 Broker/Agent  Underwriter 

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

Signature
(original signature required)

Telephone: ( ) Date Si gned

SAMPLE
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Agreement No. 32600135

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
SAMPLE

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

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

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

 Claims Made
Retroactive Date

 Occurrence

OTHER PROVISIONS

COVERAGES

LIABILITY LIMITS IN THOUSANDS $

EACH OCCURRENCE

AGGREGATE

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

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

Name:

Address:

Telephone: ( ) ________________________

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

1. INSURED. The City, its officers, agents, employees and volunteers are in cluded 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 insured=s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

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

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

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

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
(a) Insurance Services Office Commercial General Liability Coverage, Aoccurrence@ form CG0001; or (b) If excess, affords coverage which is at least as broad as the primary insurance form CG0001.

Except as stated above nothing herein shall be held to waive, alter or extend any of 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

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Agreement No. 32600135

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
SAMPLE

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 in cluded as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.

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

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

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Automobile Liability Coverage, Aoccurrence” form CA0001, code (Aany auto@); or b. If excess, affords coverage which is at least as broad as t he 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 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

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EXHIBIT C

RESERVED FOR IRAN CONTRACTING ACT CERTIFICATION FORM COMPLETED BY

CONTRACTOR

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EXHIBIT D

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EXHIBIT E

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EXHIBIT F

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EXHIBIT G

GRANT OF NON-EXCLUSIVE RIGHT OF ENTRY AND INDEMNIFICATION AGREEMENT BY AND BETWEEN THE CITY OF OXNARD AND GSE CONSTRUCTION COMPANY, INC.

THIS RIGHT OF ENTRY AND INDEMNIFICATION AGREEMENT (the “Agreement”), is made and entered into by and between the City of Oxnard, a municipal corporation located in the County of Ventura, State of California, hereinafter referred to as the “Grantor”, and GSE CONSTRUCTION COMPANY, INC., a California corporation, hereinafter referred to as the “Grantee.” Grantor and Grantee are sometimes hereinafter referred to individually as “Party” and collectively referred to as the “Parties.” RECITALS:

WHEREAS, the Grantor is the owner of certain properties located in the City of Oxnard, Assessor’s Parcel Numbers _________________, as more particularly described in Attachment A attached hereto and incorporated herein by this reference (the “Subject Properties”); and WHEREAS, GSE CONSTRUCTION COMPANY, INC. is planning to secure a temporary non-exclusive right of entry on City of Oxnard property; and
WHEREAS, __________ will procure an agreement with a contractor who will utilize the Subject Properties for staging of construction equipment, materials, office trailer, vehicle parking and portable restrooms with overnight security; and
WHEREAS, In light of the benefits of the__________ and in cooperation with _______________, the Grantee is requesting the Grantor to permit the Grantee, its contractor and its representatives, servants, employees, subcontractors and other agents to enter upon the Subject Properties in order to use the Subject Properties, as well as any restoration thereto, in accordance with this Agreement; and WHEREAS, the Grantor desires to permit the Grantee to enter upon and use the Subject Properties in accordance with the terms of this Agreement.

NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND PROMISES CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS:

Section 1. GRANT OF RIGHT OF ENTRY
The Grantor hereby grants the Grantee a temporary non-exclusive right of entry upon the Subject Properties for the purpose of use for working, lay down and staging areas, including the right to locate construction trailers and construction equipment, storing equipment and materials; on the areas shaded in pink and blue on Attachment “A” attached hereto and made a part hereof, hereinafter referred to as “staging area.” Section 2. GRANTEE’S RESPONSIBILITY
The Grantee shall, at its sole expense, perform, or cause to be performed, all of the services associated with installing, maintaining, operating, repairing, and removing any improvements necessary to make the Subject Properties suitable for safe use of Subject Properties, in a manner causing the least amount of interference 577
Agreement No. 32600135

with the Subject Properties, including, without limitation, taking reasonable precautions to assure the safety of persons and property on the Subject Properties.

The Grantee shall erect and maintain temporary fencing and gates with a locking device to enclose the areas of use, and shall remove such fencing and gates at the end of the term of this agreement.

The Grantee shall comply with all applicable laws, ordinances, and regulations pertaining to its use. Grantee is required under State and local law to re-stabilize any disturbed locations within the area of use in order to control soil erosion and sediment runoff at the conclusion of the use of the Subject Properties by Grantee.

The Grantee shall restore, replace, or repair, as applicable, any of the Grantor’s property damaged or destroyed as a result of the Grantee’s right of entry on the Subject Properties during the Term of this Agreement.

Section 3. INDEMNIFICATION
The Grantee shall indemnify, defend, and hold harmless the Grantor, and its respective officers, officials, employees, agents, representatives, and assigns from and against any and all actions, suits, proceedings, claims, demands, losses, costs, expenses, and judgments for any injury or damage of any type claimed that may involve the Grantee, its contractor and its representatives, servants, employees, subcontractors and other agents resulting from or arising out of this Agreement, except in the case of Grantor’s gross negligence or willful misconduct
Section 4. COMPENSATION [Optional]
Monthly Base Rent. During the Initial Term, Grantee shall pay to Grantor as rent for the Subject Properties, the amount of ______ ($____.00) per month (the “Monthly Base Rent”), for a total amount of ____________ ($____.00) as compensation for the Right of Entry use of Subject Properties. If Grantee extends the term of the Agreement, Grantee will pay Grantor Five hundred dollars ($___.00) per month and shall continue thereafter per month or for any portion thereof.

Section 5. TERM
The Term of this Agreement shall commence on _______ __, ____ (the “Effective Date”) and shall terminate on _____ __, ____ (the “Expiration Date”).

However, if the work is not completed by the Expiration Date the right of entry shall be extended for thirty (30) calendar days after the Expiration Date of this Agreement, then Grantee’s right to enter the Subject Properties for the purpose of performing the work shall expire on that date (the “Extended Expiration Date”). A request to postpone the Expiration Date any further than the Extended Expiration Date shall be accompanied by revised proposed scope of services and shall require the prior written approval of the Grantor.

Section 6. TERMINATION OR SUSPENSION
If Grantee is in violation of the terms and conditions set forth herein, this Agreement may be terminated or suspended provided Grantor provides Grantee with written notice of such violation. Grantee shall have thirty (30) calendar days from the date of receiving said written notice of violation, to cure such violation. In the event Grantee fails to cure the violation within the time prescribed herein, Grantor has the right but not the obligation to terminate this agreement at which point Grantee shall remove all of Grantee’s or its contractor’s equipment materials and fencing, etc. and shall restore the Subject Properties to its original conditions. 578
Agreement No. 32600135

Section 7. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both parties.

Section 8. NOTICES
a. Any notice to be provided pursuant to this Agreement 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 the Grantor: City of Oxnard, Public Works Dept.

Engineering Division
305 W Third St, East Wing, 3
rd Floor
Oxnard, CA 93030
Attn: Project Manager (PW 25-134)
To the Grantee: GSE Construction Company, Inc. 7633 Southfront Rd, Suite 160
Livermore, CA 94551
Attn: Dennis Gutierrez, President
b. Notices and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail. c. The parties to this Agreement may change their notification addresses from time to time upon written notice to one another.

Section 9. INSURANCE

14. INSURANCE
Grantee shall procure and maintain at its own expense at all times during the period covered by this Agreement the following policies of insurance as approved by the City’s Risk Manager as set forth in INS-X attached.

Section 10. INTERPRETATION
Any rule of construction which states that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement.

Section 11. WAIVER
a. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective, unless executed in writing and signed by the party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.
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c. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.

Section 12. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.

Section 13. 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 Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein.

Section 14. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with California law.

Section 15. RIGHTS AND REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, 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 or any other default by the other party.

Section 16. MUTUAL COOPERATION
The parties hereto agree that they will each cooperate with the other, and shall provide such information and documentation as is reasonably necessary to fulfill the intent of this Agreement, and shall make diligent response to inquiries and requests for information from the other party.

Section 17. VENUE
All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable Court of competent jurisdiction in the County of Ventura, California.

Section 18. ATTORNEY'S FEES
In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney’s fees, and any judgment or decree rendered in such a proceeding shall include an award thereof.

Section 19. AUTHORITY
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Agreement No. 32600135

The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties.

Section 20. COUNTERPARTS
This Agreement 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 Agreement IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of _________________________, 2025.

GRANTOR GRANTEE
THE CITY OF OXNARD GSE CONSTRUCTION COMPANY, INC.

By: ______________________ By: ___________________________ Michael C. Wolfe, P.E. Dennis Gutierrez
Public Works Director President / C.E.O.

Approved as to Form
By: ______________________
Stephen Fischer
City Attorney

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Agreement No. 32600135

RESERVED FOR

ATTACHMENT A

(SUBJECT PROPERTIES) Parcel Numbers:

[THIS PAGE INTENTIONALLY LEFT BLANK]

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Agreement No. 32600135

EXHIBIT INS-X TO THE

GRANT OF NON-EXCLUSIVE RIGHT OF ENTRY AND INDEMNIFICATION AGREEMENT

1. Operator shall obtain and maintain during the term of the lease the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the lease by Operator, its agents, representatives, employees or subcontractors. a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $2,000,000 per occurrence f or bodily injury and property damage for each claimant for general lia bility with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a genera l aggregate limit is used, that limit shall apply separately t o the project or shall be twice the occurrence amount;
b. Should Operator serve or furnish alcoholic beverages, or if se rvice of alcohol is provided by a third party, Operator’s Commerc ial General Liability Insurance must include coverage for Host Liquor Liability of not less than Two Million Dollars ($2,000,000.00 ) per occurrence.
c. 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 Co verage (Occurrence Form CA0001) covering Code No. 1, “any auto;” d. Workers’ Compensation Insurance in compliance with the laws of the State of California, and Employer’s Liability Insurance in a n 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.
e. Property Insurance against all risks of loss to any tenant impr ovements or betterments in the amount of the full replacement co st of the improvement or betterment with no co-insurance provisions. f. Crime/Employee Dishonesty Policy in an amount not less than $1,000,000. The Crime/Employee Dishonesty Policy shall name the City of Oxnard as a Joint Loss Payee.

2. Operator shall, prior to occupation of the premises, file with the Risk Manager certificates of insurance with original endorse ments effecting coverage required by this Exhibit INS-X. The certificat es and endorsements for each insurance policy are to be signe d by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms o r on other forms approved by the Risk Manager. All certificates and endorsements ar e to be received and approved by the Risk Manager before occ upation of the premises. City reserves the right to require complete cer tified copies of all required insurance policies at any time. Th e certificates of insurance and endorsements shall be sent via email. If you have not received your request or are having difficulty with electro nic upload, contact [email protected]

3. Operator 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. Operator agrees that the Commercial General Liability and Busi ness 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 a ctivities performed by or on behalf of Operator; products and completed operations of Operator; premises owned, occupi ed or used by Operator; or au tomobiles owned, leased, hired or borrowed by Operator. The coverage sh all contain no special limitations on the scope of protection aff orded 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-X or substitute forms containing the sa me 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 pri or to 01/04 and CG 2037).

5. The coverages provided to City shall be primary and not contribu ting to or in excess of any existing City 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 pr ovisions of the policies shall not affect coverage provided to C ity, its City Council, officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made o r suit is brought, except with respect to the limits of the insurer’s liability.

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

7. All insurance standards applicable to Operator shall also be app licable to Operator’s subcontractor s. Operator agrees to maint ain appropriate agreements with subcontractors and to provide prope r evidence of coverage upon receipt of a written request from th e Risk Manager.
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Agreement No. 32600135

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 GSE Construction Company, Inc., 7633 Southfront Road, Suite 160, Livermore, CA 94551 (“Principal”) (Name and address of Contractor)
a contract (the “Contract”) for the Work described as SECONDARY SEDIMENTATION TANK MECHANICAL EQUIPMENT REPLACEMENT PHASE II, FY 25/26 SPECIFICATION NO. PW 25-134.

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

NOW, THEREFORE, we, the undersigned Principal, and

(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, and our heirs, assignees, successors, executors and administrators are held and firmly bound, jointly and severally, unto the Agency and all Contractors, Subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Two Million, Four Hundred Ninety-Six Thousand, Four Hundred Twenty Five Dollars ($2,496,425.00), this amount being not less than one hundred percent (100%) of the total Contract Price in lawful money of the United States of America, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Agency in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

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

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
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Agreement No. 32600135

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 Ci vil 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”

GSE CONSTRUCTION COMPANY, INC.
7633 Southfront Road, Suite 160
Livermore, CA 94551

By:

Dennis Gutierrez
Its: Chief Executive Officer

“Surety”

By:

Its:

By:

Its

(Seal)

Notes: This Bond must be executed and dated by all partie s. Surety signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. Date of Bond must not be before the Effective Date of the Contract. Surety com panies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amen ded) and be authorized to transact business in the State of California.
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Agreement No. 32600135

Bond No. __________

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Oxnard (“Agency”), has awarded to GSE Construction Company, Inc., 7633 Southfront Road, Suite 160, Livermore, CA 94551 (“Principal”) (Name and address of Contractor)
a contract (the “Contract”) for the Work described as SECONDARY SEDIMENTATION TANK MECHANICAL EQUIPMENT REPLACEMENT PHASE II, FY 25/26 SPECIFICATION NO. PW 25-134.

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

NOW, THEREFORE, we, the undersigned Principal, and

,
(Name and address of Surety)
a corporation organized and existing under the laws of the State of __________________ (“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Agency in the penal sum of Two Million, Four Hundred Ninety-Six Thousand, Four Hundred Twenty Five Dollars ($2,496,425.00), this amount being not less than one hundred percent (100%) of the total Contract Price in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, assignees, successors, executors and administrators, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH TH AT, 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) y ear 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 doc uments, or of the Work to be performed thereunder or the Specifications accompanying the same shall in any way affect the Surety’s obligations under this Bond. The Surety hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. Surety hereby waives California Civil Code 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

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Agreement No. 32600135

D a t e d :

“Principal”

GSE CONSTRUCTION COMPANY, INC.
7633 Southfront Road, Suite 160
Livermore, CA 94551

By:

Dennis Gutierrez
Its: Chief Executive Officer

“Surety”

By:

Its:

By:

Its

(Seal)

587
City Council
October 21, 2025
Tim Beaman, PE
Assistant Director of Public Works
Agreement 32600135 with GSE Construction
Company, Inc. for Secondary Sedimentation Tank
Mechanical Equipment Replacement (Phase II)
Specification No. PW 25-134
588
RECOMMENDATION 2
That the City Council approve and authorize:

1. A total of $2,995,711 in Project funds for the Secondary Sedimentation Tank Mechanical Equipment Replacement
(Phase II), Specification No. PW 25-134;

3. A Project allocation amount of $249,643 (~10%) for engineering, inspection, survey and project management for the Project. 589
BACKGROUND 3
• Oxnard’s Water Resource Recovery Facility (WRRF)
contains 18 secondary sedimentation tanks (SST’s).

Constructed in 1988 and identified in the 2017 Public
Works Integrated Master Plan, the mechanical equipment
for the SST’s has exceeded it’s expected useful life of 25- 30 years.
• The replacement of mechanical equipment will be
completed in phases due to system redundancy and
ongoing construction at the WRRF.
• Phase 1 was completed and included tanks 17 & 18
• Phase 2 will include tanks 7, 8, 9 and 10 and it is
scheduled to be completed in one year starting November 2025.
590
BACKGROUND 4
591
• Notice Inviting Formal Bids for this project was published on July 17, 2025
• Local newspaper
• Public Purchase
• City’s website
• Two bids were submitted with GSE Construction
Company, Inc. being the lowest responsive bidder:
• GSE Construction: $2,496,425
• Filanc: $2,515,605
DISCUSSION 5
592

FINANCIAL IMPACT
• Total cost for this Project shall not exceed $2,995,711, which includes the construction agreement, contingency
and project allocation.
• The Secondary Sedimentation Tank Mechanical
Equipment Replacement (Phase II), Specification No. PW
25-134 (C2402) has an available project budget balance of approximately $4.78M from the Wastewater Operating
Fund (611).
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End of Presentation
594

Oxnard City CouncilOctober 21, 2025

Oxnard City Council
October 21, 2025