AGENDA
REGULAR MEETING
AGOURA HILLS CITY COUNCIL
Civic Center - Council Chambers
30001 Ladyface Court, Agoura Hills, California 91301
Wednesday, August 27, 2025
6:00 PM
Please silence all cell phones and other electronic devices during the meeting.
ATTEND OR WATCH THE MEETING
For in-person attendance, the Council Chambers will open to the public at 5:30 p.m. To watch the live stream or archived meeting, search “Agoura Hills City Council” on YouTube and select the meeting by date, or visit agourahillscity.gov and click the dark green “View Current Agenda(s) or Live/Archived Meetings” button at the top of the page.
PUBLIC PARTICIPATION (PUBLIC COMMENT
Option A: To provide public comments in person in the Council Chambers Members of the public may attend the meeting in person in the Council Chambers and have the opportunity to speak or submit a written comment on any item listed on the Agenda. To speak, complete a Speaker’s Card for each item and submit it to the City Clerk before the public comment portion of that item. Public testimony is limited to three (3) minutes per speaker, and time may not be transferred to another person. Written comments submitted during the meeting will not be read aloud by the City Clerk.
Option B: To submit written public comments prior to the meeting Members of the public may submit written comments on any item listed on the Agenda. To ensure the City Council has time to review and/or consider the information prior to the meeting, please include the Agenda item number or topic in the email subject line and send written public comments to [email protected] on or before 4:00 p.m. on the meeting date. Public comments are not read into the record by the City Clerk. Please note: any public comments submitted after the deadline may not be considered during the City Council’s deliberations or included in the official record. However, the public is welcome to attend the meeting to make or submit comments in person.
CALL TO ORDER
LAND ACKNOWLEDGEMENT
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Penny Sylvester
Mayor Pro Tem Jeremy Wolf
Councilmember Kate Anderson
Councilmember Chris Anstead
Councilmember Deborah Klein Lopez
REPORT OF CLOSED SESSION
APPROVAL OF AGENDA
PRESENTATIONS
Summer Art Show - Presentation to Madelyn Saglie for Best in Show Business of the Month - Presentation to Roadside Lumber
INTERGOVERNMENTAL, SPECIAL PURPOSE COMMITTEE, & DEPARTMENTAL REPORTS Las Virgenes/Malibu Council of Governments Update
Santa Monica Mountains Conservancy Advisory Committee Update
PUBLIC COMMENTS
(This section is reserved for persons wishing to address items not listed on the Agenda that are under the subject matter jurisdiction of the City Council. Please refer to “Public Participation” above for full details on how to speak or submit written public comments under this category.)
CONSENT CALENDAR
(Items on the Consent Calendar may be approved by a single motion and vote. Unless pulled by the City Council, there will be no separate discussion of these items. This section is reserved for persons wishing to address items on the Consent Calendar. Please refer to “Public Participation” above for full details on how to speak or submit written public comments under this category.)
1. Approve Demand Warrant Register No. 938
RECOMMENDATION: Approve Demand Warrant Register No. 938.
2. Approve Treasurer's Report - June 2025
RECOMMENDATION: Approve City of Agoura Hills' June 2025 Treasurer's Report
3. Approve Notice of Completion for the Reyes Adobe Road High-Intensity Activated Crosswalk Project; NIB 23- 04 RECOMMENDATION : 1. Approve, and accept as complete, the work of DBX, Inc., for the Reyes Adobe Road High-Intensity Activated Crosswalk Project; NIB 23-04; and
2. Authorize the Director of Public Works to sign the Notice of Completion for the project, and authorize the City Clerk to forward the Notice of Completion to the County Recorder for recordation.
4. Approve First Amendment to Agreement for Contractor Services, with GMZ Engineering, Inc., for the Ladyface Greenway Project; NIB 24-02B
RECOMMENDATION: 1) Amend the Fiscal Year 2025-26 Budget to include $3,560,000 of Measure M (HWY) funds; 2) Amend the Construction Contract for the Ladyface Greenway Project; NIB 24-02B to GMZ Engineering, Inc. for total contract amount of $14,710,745, including the Deductive Bid Items from the Base Bid Proposal; 3) Authorize the Mayor to sign the First Amendment to the Agreement for Contractor Services with GMZ Engineering, Inc.; and 4) Authorize the City Engineer to issue necessary change orders within the available $2,200,000 contingency.
5. Approve a Three-Year Agreement for Contractor Services, with GeoDynamics, Inc., for Geotechnical Review Services
RECOMMENDATION: Approve a three-year Agreement for Contractor Services, with GeoDynamics, Inc., on a time-and-materials basis for a total not-to-exceed fee of $50,000 per year
6. Approve Amendment to City Council 2025 Meeting Schedule RECOMMENDATION: Approve the cancellation of the October 8, 2025, Regular Meeting and adjourn the September 10, 2025, Regular Meeting to an Adjourned Regular City Council Meeting on Tuesday, October 7, 2025, at 6:00 p.m.
7. Adopt Resolution No. 25-2117; Authorizing Submittal of Individual Grant Applications and Related Authorizations for All CalRecycle Grant Programs for which the City Of Agoura Hills is Eligible RECOMMENDATION: Adopt Resolution No. 25-2117; authorizing submittal of application(s) for all CalRecycle grants for which the City of Agoura Hills is eligible.
CITY COUNCIL, STAFF COMMENTS
ADJOURNMENT
The next Regular City Council Meeting will be held at 6:00 p.m., on September 10, 2025, in the Council Chambers of the Civic Center. The Civic Center is located at 30001 Ladyface Court, Agoura Hills, California.
In accordance with the Americans with Disabilities Act, if you require special assistance to participate in a City Council meeting or to access other services offered by the City of Agoura Hills, please contact the City Clerk’s Office at (818) 597-7300. To ensure that reasonable arrangements can be made to provide appropriate access, please provide notification at least 48 hours in advance of the meeting or time when services are needed.
Copies of staff reports or other written documentation related to each item of business on this Agenda are available on the City’s website at agourahillscity.gov and are on file in the Office of the City Clerk, Kimberly M. Rodrigues, at Agoura Hills City Hall, 30001 Ladyface Court, Agoura Hills, California, 91301.
The telecast of Regular City Council Meeting held on Wednesday, August 27, 2025 will be broadcast on Channel 10 for Time Warner Cable subscribers and Channel 3 for Charter subscribers and air daily until the next regularly scheduled City Council meeting. The broadcast schedule is as follows: M-10a m; T-3pm; W-10am; Th-7pm; F10am; S-3pm; and Su-7pm.
Date Posted: August 21, 2025
REPORT TO CITY COUNCIL
DATE: AUGUST 27, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: RAMIRO ADEVA, ASSISTANT CITY MANAGER
BY: DIEGO IBANEZ, DIRECTOR OF FINANCE
SUBJECT: APPROVE DEMAND WARRANT REGISTER NO. 938
Demand Warrant No. 936 is hereby submitted for your approval.
FISCAL IMPACT
All items on the Demand Warrant are budgeted items; and all the items, when aggregated and annualized, are found to be within budget.
RECOMMENDATION
It is recommended the City Council approve Demand Warrant No. 936.
Attachments
Demand Warrant 938.pdf
Demand Warrant 938A .pdf
REPORT TO CITY COUNCIL
DATE: AUGUST 27, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: NATHAN HAMBURGER, CITY MANAGER
BY: DIEGO IBANEZ, DIRECTOR OF FINANCE
SUBJECT: APPROVE TREASURER'S REPORT - JUNE 2025
Approve Treasurer's Report for June 2025, as presented.
FISCAL IMPACT
There is no fiscal impact to the City Council adopted Fiscal Year 2025-26 Budget.
RECOMMENDATION
Staff requests City Council review and approve the City of Agoura Hills' June 2025 Treasurer's Report.
Attachments
City of Agoura Hills June 2025 Treasurer's Report.pdf
REPORT TO CITY COUNCIL
DATE: AUGUST 27, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: NATHAN HAMBURGER, CITY MANAGER
BY: CHARMAINE YAMBAO, DIRECTOR OF PUBLIC WORKS DIRECTOR / CITY ENGINEER
KELLY FISHER, DEPUTY DIRECTOR OF PUBLIC WORKS
SUBJECT: APPROVE NOTICE OF COMPLETION FOR THE REYES ADOBE ROAD HIGH-INTENSITY ACTIVATED CROSSWALK PROJECT; NIB 23-04
On March 27, 2024, the City Council awarded a contract to DBX, Inc., in the amount of $410,141 for the Reyes Adobe Road High-Intensity Activated Crosswalk (HAWK) Project; NIB 23-04 (Project). In addition, contingency funds in the amount of $43,389 (10.5%) were authorized at that time.
The scope of work consisted of installing a new HAWK signal, electrical equipment, signage, and striping at the intersection of Reyes Adobe Road and Rainbow Crest Drive. There was one (1) change order in the amount of $8,181.76 for the installation of additional conduit that was needed to provide power to the new electrical meter.
The final cost for the Project is summarized in the table below.
Original Contract Amount $410,141.00
Change Order No. 1 $8,181.76
Revised Contract Amount $418,322.76
Total Budget $453,530.00
The work was performed to the satisfaction of staff, and is expected to serve the community well for many years to come.
FISCAL IMPACT
The final cost of $418,322.76 is within the construction contract authorization as noted above. The project was paid entirely using a combination of Measure “R” (Local) Funds (063-4510-6324.00), Measure “M” (Local) Funds (064- 4510-6324.00), and Surface Transportation Program (Local) Funds (260-4510-6324.00) which are all special funds.
RECOMMENDATION
Staff respectfully recommends the City Council:
1. Approve, and accept as complete, the work of DBX, Inc., for the Reyes Adobe Road High-Intensity Activated Crosswalk Project; NIB 23-04; and
2. Authorize the Director of Public Works/City Engineer to sign the Notice of Completion for the project, and authorize the City Clerk to forward the Notice of Completion to the County Recorder for recordation.
Attachments
Reyes Adobe Road High-Intensity Activated Crosswalk Project NIB 23-04 Notice of Completion Form.pdf
REPORT TO CITY COUNCIL
DATE: AUGUST 27, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: NATHAN HAMBURGER, CITY MANAGER
BY: CHARMAINE YAMBAO, DIRECTOR OF PUBLIC WORKS DIRECTOR / CITY ENGINEER SUBJECT:
APPROVE FIRST AMENDMENT TO AGREEMENT FOR CONTRACTOR SERVICES, WITH GMZ ENGINEERING, INC., FOR THE LADYFACE GREENWAY PROJECT; NIB 24-02B The purpose of this report is to amend the total contract amount awarded to GMZ Engineering, Inc. (GMZ) for the Ladyface Greenway Project; NIB 23-02B (Project). This first amendment provides for additional Measure M funding to the construction contract and reinstates deductive bid items that were eliminated at the May 22, 2024, award of construction contract.
The Ladyface Greenway Project (Project) consists of constructing a greenway, approximately 1.3 acres in size. The Project creates recreational opportunities accessible via active transportation alternatives, increasing regional trail connectivity (specifically the Rim of the Valley trail), constructing ADA pedestrian facilities where none currently exist, water quality improvement elements, and improving the use of lands at an existing facility that will enrich the lives of our community.
The project site is located between Whizin Market Square to the north and Agoura Road to the south, and between Cornell Road and approximately 700 feet to the east of Cornell Road. The Project includes construction work within adjacent roadways of Agoura Road, Cornell Road, and the intersection of Agoura Road/Cornell Road for utility undergrounding and drainage and water quality improvements. The project constructs a cap over an existing rectangular concrete-lined runoff channel that is owned and maintained by the Los Angeles County Flood Control District (LACFCD) and extend project elements into portions of property owned by Las Virgenes Municipal Water District (LVMWD).
On May 22, 2024, the City Council awarded the construction Contract to GMZ for a total contract amount of $13,759,900, eliminated the deductive items listed on Table A below, and provided the construction contract with a 2% contingency. Additionally, the total Contract awarded to GMZ included a $45,325 additional amount due to a miscalculation of the total deductive items. This additional amount of $43,325 was added to the total contingency available for the Project. The elimination of deductive bid items was due to projected budgetary constraints at the time of the contract award. While the award of Contract was based on the Base Bid amount, the Project bid documents allowed the City to eliminate deductive items and provided language which allowed the City to reinstate any or all of the deductive bid items throughout the duration of the Contract at the bid price submitted. This language allowed the City to complete the scope of work in its entirety, once additional funding became available.
For a project this size and magnitude, a contingency of 12-15% is recommended. Therefore, staff also recommended a change order be negotiated after the Contract was executed to remove bid items related to irrigation and aesthetic ledger stone from the seated walls, which would increase the contingency for the Project to
3.74%, still lower than the recommended 12-15% contingency on a project of this size, but enough to allow any early unknowns in the project to be accommodated. The contract documents allow for this after an initial contract is awarded. The change order removed items which could be constructed later or at a later phase if necessary.
Table A. Deductive Bid Items
Bid Item
No.
Description Unit Quantity Unit Price Deduction
59 Grind 1.5” Depth SF 43,480 $1.00 $43,480
60 Rubberized AC Pavement (1.5”) TON 408 $250.00 $102,000 61 Survey Monuments at Cornell and
Agoura Road LS 1 $5,000.00 $5,000
94 Landscape Planting LS 1 $95,500.00 $95,500
95 Landscape Maintenance LS 1 $15,000.00 $15,000
96 Drinking Fountain EA 2 $12,500.00 $25,000
98 Picnic Tables EA 8 $4,000.00 $32,000
99 Picnic Table Benches without Backs EA 8 $3,000.00 $24,000 100 Picnic Tables, ADA Benches without
Backs
EA 8 $3,000.00 $24,000
101 Benches with Backs EA 20 $2,000.00 $40,000
102 Trash Receptacles EA 6 $2,000.00 $12,000
103 Bicycle Support Racks EA 15 $1,000.00 $15,000
104 Bicycle Fix-It Station EA 2 $5,000.00 $10,000
107 Boulders – New Sittable “A” EA 10 $400.00 $4,000
108 Boulders – New Medium and Small
“C&D” EA 102 $250.00 $25,500
109 Boulders – Large “B” EA 10 $400.00 $4,000
110 Rock Mulch LS 1 $26,600.00 $26,600
111 Bioswale Cobbles LS 1 $34,000.00 $34,000
112 Light Poles (12 feet) EA 4 $11,000.00 $44,000
113 Light Fixtures (10 feet) EA 4 $10,000.00 $40,000
114 Light Bollards LS 29 $2,000.00 $58,000
115 Outlet Bollards LS 6 $2,000.00 $12,000
116 Wood Trellis at Cornell Road LS 1 $10,000.00 $10,000 117 Wood trellis North P. L. LS 2 $10,000.00 $20,000
118 Two-Rail Fencing LS 1 $125,000 $125,000
119 Flagstone Paving LS 1 $100,000.00 $100,000
120 Stacked Wall LS 1 $50,000.00 $50,000
Total Deductive Bid Items $996,080
Total Deduction Approved $950,755
Base Bid $14,710,745
Contract Amount Awarded $13,759,990
In February 2025, the Los Angeles County Metropolitan Transportation Authority (Metro) Board approved an additional $3.56 million of Measure M funds to the total Project funding. And on July 7, 2025, the amended Metro Funding Agreement for the Project was fully executed.
With the Metro Funding Agreement fully executed, the total contract amount awarded to GMZ requires an amendment. The amendment to GMZ’s contract will reinstate all the deductive bid items listed in Table A and increase the total contract by $950,755, which brings the total contract amount to $14,710,745 (total Base Bid amount).
The amendment has been reviewed by the City Attorney and approved as to form.
On July 23, 2025, staff presented to the Public Works Subcommittee an update on the additional funding and amendment to the construction contract necessary to complete the Project as scoped. Staff also recommended increasing the contingency to 15%, which provides an available $2,200,000 for any necessary changes. The recommendation of the higher limit for contingency was due to site condition changes encountered during the first stage of construction for the Project, the installation of 114 piles. During this stage, hard rock was encountered for over half of the pile locations, starting at an average of 20 feet below surface grade and continuing to final pile depth of 50 feet average. Hard rock was an unanticipated site condition change, which required additional time to complete the drilling. The estimate of this additional time is 4 months to the schedule. A proposed change order for drilling through hard rock has been submitted by the Contractor. Staff with the construction management consultant, Berg and Associates, Inc. (Berg), are currently negotiating the final cost of this proposed change order.
The total length of construction for the Project was expected to take approximately 18-24 months with no work to be done on holidays and depending on weather and unanticipated construction delays. The Project was issued a notice to proceed date of August 5, 2024, and the Project schedule is currently showing completion in Summer 2026.
FISCAL IMPACT
The total Project funding covers costs associated with the project’s construction contract, SCE work, and LVMWD work. However, the total project funding also covers the cost of contracts associated with Construction Engineering, Construction Management, Inspection Services, Oak Permitting, L.A. County Inspections, Mitigation Monitoring and Reporting costs, Right-of-Way legal costs, Right-of-Way Agreements, permits, and arts in public places.
Table B below provides a breakdown of the total Project funding, including the additional Measure M funds.
Table B. Total Project Funding
Account Name Account Number Funding Source Budget*
Park Improvements - Ladyface
Greenway 018-4620-612000 Measure R (HWY) $5,472,000
Park Improvements - Ladyface
Greenway
019-4620-612000 Measure M (HWY)* $9,583,861
Miscellaneous Grants - Ladyface
Greenway
260-4620-612000 State Specified Grant $6,000,000
Park Improvements - Ladyface
Greenway
065-4620-612000 Measure W (Local) $188,000
Park Improvements - Ladyface
Greenway
019-4620-612000 MOA with LVMWD $220,000
Community Services - Capital Outlay
(Art) 260-4440-568500 Art in Public Places $75,000
TOTAL $21,538,861
*FY 2025-26 Budget to be amended to include $3,560,000 Measure M funds for construction of the Project The additional Measure M funds of $3.56 million, as described above, cover more than the recommended amendment to the construction contract with the 15% contingency. The remainder of the additional Measure M funds ($409,245) would be made available for anticipated amendments to contracts with the Project’s Construction Management (Berg) and Construction Engineering (m6 Consulting, Inc.) consultants. With a Project construction delay of an estimated 4 months, staff anticipates amendments to the two consultant contracts for additional compensation in terms of consultant time in managing and engineering review for the Project to completion. Staff expects to return to City Council with these amendments to request approval for additional compensation.
Staff recommends amending the current Fiscal Year 2025-26 Budget with the $3,560,000 of Measure M (HWY) funds into Account Number 019-4620-612000 for the construction and construction support of the Project.
RECOMMENDATION
Staff respectfully recommends the City Council:
1. Amend the FY 2025-26 Budget to include $3,560,000 of Measure M (HWY) funds;
2. Amend the Construction Contract for the Ladyface Greenway Project; NIB 24-02B to GMZ Engineering, Inc. for total contract amount of $14,710,745, including the Deductive Bid Items from the Base Bid Proposal;
3. Authorize the Mayor to sign the First Amendment to the Agreement for Contractor Services with GMZ Engineering, Inc.; and
4. Authorize the City Engineer to issue necessary change orders within the available $2,200,000 contingency.
Attachments
Attachment - First Amendment to Agreement Between City of Agoura Hills and GMZ Engineering, Inc. - Copy.pdf
REPORT TO CITY COUNCIL
DATE: AUGUST 27, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: NATHAN HAMBURGER, CITY MANAGER
BY:
DENICE THOMAS, COMMUNITY DEVELOPMENT DIRECTOR
GENE BURSE, SENIOR PLANNER
ERIC WANG, ASSOCIATE PLANNER
SUBJECT: APPROVE A THREE-YEAR AGREEMENT FOR CONTRACTOR SERVICES, WITH GEODYNAMICS, INC., FOR GEOTECHNICAL REVIEW SERVICES
The purpose of this item is to seek City Council approval for the City to enter into an Agreement for Contractor Services with GeoDynamics, Inc., (GeoDynamics) for ongoing geologic/geotechnical review services. Staff is requesting approval of a three-year agreement with GeoDynamics for Fiscal Years 2025-26, 2026-27, and 2027-28 for non-City project geotechnical and soils engineering consulting services on a time-and-materials basis at a total not-to-exceed fee of $50,000 per year.
GeoDynamics has been providing the City with geotechnical and geological review services for the past twenty years. Staff has been pleased with previous work, and is confident that the firm will provide the same quality consulting services in a cost-effective and timely manner.
Under this agreement, GeoDynamics will continue its primary task of reviewing development applications, geological/geotechnical reports, and grading plans for adequacy per the City’s guidelines, and providing City staff comments and recommendations. Exhibit A lists the specific scope of work and Exhibit B, the hourly rates of staff.
Staff estimates that annual reimbursable expenses will not exceed $50,000 per year, based on past invoices and the anticipated amount and project types that will require review in the coming year. This is an increase of $20,000 per year over the last approved agreement which staff believes is warranted given the fee increase and number and complexity of the potential projects anticipated in the coming year.
The proposed Agreement has been reviewed by the City Attorney and approved as to form.
FISCAL IMPACT
There is no additional fiscal impact to the City Council 2025-26 and 2026-27 Budget years as funds will be entirely drawn from applicants’ trust accounts. No City funds are used to pay the Geotechnical Consultant.
RECOMMENDATION
Staff recommends the City Council approve a three-year Agreement for Contractor Services, with GeoDynamics, Inc., on a time-and-materials basis for a total not-to-exceed fee of $50,000 per year.
Attachments
1. GeoDynamics Contract.pdf
1 A0130-CCMYR-2025
AGREEMENT FOR CONTRACTOR SERVICES
WITH THE CITY OF AGOURA HILLS
NAME OF CONTRACTOR:
RESPONSIBLE PRINCIPAL OF CONTRACTOR:
CONTRACTOR'S ADDRESS:
CITY’S ADDRESS:
PREPARED BY:
COMMENCEMENT DATE:
TERMINATION DATE:
CONSIDERATION:
GeoDynamics Inc.
Attn: Ali Abdel Haq
80 Long Court, Ste. 2A
Thousand Oaks, CA, 91360
City of Agoura Hills
30001 Ladyface Court
Agoura Hills, CA 91301
Attn: City Manager
Eric Wang
August 27, 2025
August 27, 2028
Agreement Price:
Not to Exceed: $50,000/yr
Docusign Envelope ID: CEBEB68C-CD05-4DE9-8301-D38E021684D1 2 A0130-CCMYR-2025
AGREEMENT FOR CONTRACTOR SERVICES BETWEEN
THE CITY OF AGOURA HILLS AND GEODYNAMICS, INC.
THIS AGREEMENT is made and effective as of August 27, 2025, between the City of Agoura Hills, a municipal corporation ("City") and GeoDynamics, Inc. ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on August 27, 2025, and shall remain and continue in effect until tasks described herein are completed, but in no event later than August 13, 2028, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES
Contractor shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. PERFORMANCE
In meeting its obligations under this Agreement, Contractor shall at all times faithfully and competently perform all tasks described herein in a manner satisfactory to CITY and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions.
4. PAYMENT
A. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed Fifty Thousand Dollars and Zero Cents ($50,000.00) (“Agreement Price”) for the initial Term of the Agreement unless additional payment is approved as provided in this Agreement.
B. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Council and Contractor at the time City's written authorization is given to Contractor for the performance of said services.
C. Contractor shall submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of Docusign Envelope ID: CEBEB68C-CD05-4DE9-8301-D38E021684D1 3 A0130-CCMYR-2025
each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance.
5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE A. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement.
B. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section entitled “PAYMENT” herein.
6. DEFAULT OF CONTRACTOR
A. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default.
B. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.”
7. OWNERSHIP OF DOCUMENTS
A. Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City Docusign Envelope ID: CEBEB68C-CD05-4DE9-8301-D38E021684D1 4 A0130-CCMYR-2025
that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
8. INDEMNIFICATION
Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers (collectively “Indemnitees”) free and harmless from any and all claims, demands, causes of action, proceedings, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death (collectively “Claims”), in any manner arising out of or incident to any acts or omissions of Contractor, its officials, officers, employees, agents or subcontractors in connection with the performance of this Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses, except for such Claims arising out of the sole negligence or willful misconduct of the Indemnitees.
With respect to any and all such Claims, Contractor shall defend Indemnitees at Contractor’s own cost, expense, and risk and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Contractor shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. All duties of Contractor under this Section shall survive termination of this Agreement.
9. INSURANCE REQUIREMENTS
Prior to commencement of work, Contractor shall procure, provide, and maintain, at Contractor’s own expense, for the duration of this Agreement, insurance against claims for injuries to persons or damages to property, which may arise from or in Docusign Envelope ID: CEBEB68C-CD05-4DE9-8301-D38E021684D1 5 A0130-CCMYR-2025
connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88, or equivalent.
2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92, or equivalent, covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees.
B. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rental vehicles.
3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
4) Professional Liability coverage: One million ($1,000,000) per claim and in aggregate.
C. Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
D. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, Docusign Envelope ID: CEBEB68C-CD05-4DE9-8301-D38E021684D1 6 A0130-CCMYR-2025
limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Vendor maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Vendor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.
E. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City, its officers, officials, employees and volunteers are to be covered and named as additional insureds in respect to: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.
2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice has been given to the City. Contractor agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
6) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby Docusign Envelope ID: CEBEB68C-CD05-4DE9-8301-D38E021684D1 7 A0130-CCMYR-2025
waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its subcontractors.
F. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
Self insurance shall not be considered to comply with these insurance requirements.
G. Verification of Coverage. Contractor shall furnish the City with original endorsements, specifically naming the City of Agoura Hills, its officers, officials, employees and volunteers as additional insured, effecting coverage required by this clause.. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms acceptable to the City. Insurance certificates and endorsements must be received and approved by City’s Risk Manager prior to commencement of performance. Current insurance certificates and endorsements shall be kept on file with the City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
H. Mailing Instructions. Insurance documents shall be mailed with the signed Agreement to the attention of the staff person indicated on the cover sheet of this Agreement, to the City of Agoura Hills, 30001 Ladyface Court, Agoura Hills, CA 91301.
Executed Agreement(s) cannot be released nor may any work commence on a project until the signed Agreement and appropriate insurance documents are on file with the City Clerk.
10. INDEPENDENT CONTRACTOR
A. Contractor is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services and tasks under this Agreement on behalf of Contractor shall not be City employees and shall at all times be under Contractor's exclusive direction and control. Contractor and all of Contractor’s personnel shall possess the qualifications, permits, and licenses required by state and local law to perform the services and tasks under this Agreement, including, without limitation, a City business license as required by the Agoura Hills Municipal Code. Contractor shall determine the means, methods, and details by which Contractor’s personnel will perform the services and tasks. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the services and tasks, and compliance with the customary professional standards. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents.
B. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of City. Contractor and Contractor’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Contractor’s personnel. Contractor’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as a City employee; and Contractor’s personnel shall not use any City e-mail address or City telephone number in the performance of any Docusign Envelope ID: CEBEB68C-CD05-4DE9-8301-D38E021684D1 8 A0130-CCMYR-2025
of the services and tasks under this Agreement. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment, and supplies as Contractor’s personnel require to perform any of the services and tasks required by this Agreement. Contractor shall perform all services and tasks off of City premises at locations of Contractor’s choice, except as otherwise may from time to time be necessary in order for Contractor’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor’s performance of any services and tasks under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform the services and tasks. City may make a computer available to Contractor from time to time for Contractor’s personnel to obtain information about, or to check on, the status of projects pertaining to the services and tasks performed under this Agreement. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
C. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services and tasks hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services and tasks hereunder. Contractor shall be responsible for and pay all salaries, wages, benefits and other amounts due to Contractor’s personnel in connection with their performance of the services and tasks under this Agreement, and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to, Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute, or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the services and tasks under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit, or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as a City employee, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
D. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s personnel practices, or to the extent arising from, caused by, or relating to the violation of any of the provisions of this Section. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
Docusign Envelope ID: CEBEB68C-CD05-4DE9-8301-D38E021684D1 9 A0130-CCMYR-2025
11. PERS COMPLIANCE AND INDEMNIFICATION
A. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform the services and tasks under this Agreement, Contractor shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code Section 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.
B. Indemnification. Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify, and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s violation of any provisions of this Section. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
12. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section.
13. RELEASE OF INFORMATION
A. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.
B. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or Docusign Envelope ID: CEBEB68C-CD05-4DE9-8301-D38E021684D1 10 A0130-CCMYR-2025
other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
14. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by: (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.
To City: City of Agoura Hills
30001 Ladyface Court
Agoura Hills, California 91301
Attention: City Manager
To Contractor: GeoDynamics, Inc.
80 Long Court, Ste. 2A
Thousand Oaks, CA 91360
Attention: Ali Abdel Haq
15. ASSIGNMENT
The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.
Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor.
16. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.
Docusign Envelope ID: CEBEB68C-CD05-4DE9-8301-D38E021684D1 11 A0130-CCMYR-2025
17. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Agoura Hills. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
18. PROHIBITED INTEREST
No officer, or employee of the City of Agoura Hills shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor’s subcontractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Agoura Hills has any interest, whether contractual, noncontractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor’s subcontractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.
19. EXHIBITS
Exhibits A and B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, the provisions of this Agreement shall control.
20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous Acontrgreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect.
Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.
21. AMENDMENT OF AGREEMENT
This Agreement may be amended only by a writing signed by both parties.
The City Manager is authorized to sign an Amendment to this Agreement on the City Council’s behalf and without the City Council’s prior approval to make the following nonsubstantive modifications to the Agreement: (a) name changes; (b) extensions of time that do not result in monetary changes; (c) non-monetary changes in the scope of work; and (d) termination of the Agreement. All monetary changes to this Agreement require City Council approval.
Docusign Envelope ID: CEBEB68C-CD05-4DE9-8301-D38E021684D1 12 A0130-CCMYR-2025
22. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. In lieu of a handwritten or wet signature from the Contractor, the City may electronically process and execute this Agreement and request that the Contractor sign the Agreement electronically via DocuSign or similar electronic signature software.
23. COUNTERPARTS
This Agreement may be executed in counterparts, all such executed counterparts shall constitute the same Agreement, and the signature of any party to any counterpart shall be deemed a signature to, and may be appended to, any other counterpart.
Docusign Envelope ID: CEBEB68C-CD05-4DE9-8301-D38E021684D1 13 A0130-CCMYR-2025
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF AGOURA HILLS
Penny Sylvester,
Mayor
ATTEST:
Kimberly M. Rodrigues, MMC
City Clerk
Date Approved by City Council: _______________
APPROVED AS TO FORM:
Candice K. Lee,
City Attorney
CONTRACTOR
GeoDynamics, Inc.
80 Long Court, Ste. 2A
Thousand Oaks, CA 91360
Ali Abdel Haq
(805) 496-1222
[email protected]
By:
Name:
Title:
By:
Name:
Title:
[Signatures of Two Corporate Officers Required]
Docusign Envelope ID: CEBEB68C-CD05-4DE9-8301-D38E021684D1 Ali Abdel-Haq
Principal Engineer
Christopher Sexton
14 A0130-CCMYR-2025
EXHIBIT A
TASKS TO BE PERFORMED
The specific elements (scope of work) of this service include:
Docusign Envelope ID: CEBEB68C-CD05-4DE9-8301-D38E021684D1
EXHIBIT A
SCOPE OF WORK
GeoDynamics, Inc. (GDI) shall provide professional geotechnical/soils engineering report review services in connection with development projects submitted to the City.
GDI may be required to visit the project site upon notification by the City. The work in general shall include the following:
1. Perform geotechnical investigation services for the City of Agoura Hills, and provide geotechnical recommendations on as needed basis.
2. Review and evaluate the geotechnical/geological reports prepared by developers’ consultants in accordance with the City guidelines for preparation of such reports.
3. Provide the City staff with specific recommendations as to the acceptability of such reports. Provide detailed review comments/suggestions to bring the report in compliance with City requirements.
4. Recommend modification/changes to the City guidelines to be in conformance with the latest state regulations, laws and acceptable geotechnical engineering practices.
5. Review grading plans for development projects to ensure compliance with acceptable geotechnical recommendations.
6. Review “as built” geotechnical/geological reports for adequacy/completeness.
7. Provide field observation for reviewing testing procedures if so requested by the City.
8. Provide field observation during grading operations if so requested by the City, and provide recommendations.
9. Review change orders for changes made during grading operation and review reports for acceptability.
Docusign Envelope ID: CEBEB68C-CD05-4DE9-8301-D38E021684D1 15 A0130-CCMYR-2025
EXHIBIT B
PAYMENT RATES AND SCHEDULE
Docusign Envelope ID: CEBEB68C-CD05-4DE9-8301-D38E021684D1
EXHIBIT B - FEE SCHEDULE AND RATES
2025 PROFESSIONAL FEE SCHEDULE
MUNICIPAL/PUBLIC WORKS SERVICES
FEES FOR PROFESSIONAL, TECHNICAL AND SUPPORT STAFF
Geodynamics, Inc. charges our clients for professional, technical and support services for time directly related to a project. Charges are not made for ordinary secretarial services, office management, accounting, maintenance or other activities not directly related to a project. Current personnel classifications and rates are summarized below. Rates shown are adjusted for California Prevailing Wage Law as indicated.
Peer-Review Services Fees
Personnel Classification Rate (per hour)
Principal-Level/QA-QC Review ........................................................................................................ $200.00 Project Peer Review .......................................................................................................................... 185.00 Assistant Project Reviewer ................................................................................................................ 170.00 Assistant Project Review (Prevailing Wage—Field Inspection) ........................................................ 145.00 Project Administrator (Clerical Support) .............................................................................................. 80.00 Regular Service Fees
Personnel Classification Rate (per hour)
Principal ........................................................................................................................................... $210.00 Associate ............................................................................................. ............................................. 195.00 Senior Project Professional ................................................................................................................ 180.00 Project Professional ........................................................................................................................... 170.00 Assistant Project Professional ........................................................................................................... 160.00 Senior Staff Professional ................................................................................................................... 130.00 Staff Professional ............................................................................................................................... 155.00 Senior Technician(1) .............................................................................................................................130.00 Senior Technician(1) (Prevailing Wage) .............................................................................................. 140.00 Technician(1) ................................................................................................................................ .......100.00 Technician(1) (Prevailing Wage) ..........................................................................................................127.00 Draftsperson/Technical Illustrator ........................................................................................................ 95.00 Project Administrator(1) ......................................................................................................................... 80.00 Word Processor/Typing(1) ..................................................................................................................... 75.00 Office Assistant(1) ……………………………………………………………………………………………………………..…………………………………….70.00 (1) Overtime will be charged at 1.3 times the above listed rates for these personnel classifications.
Overtime is defined as time charged to a project in excess of 8 hours per day, time worked on weekends, holidays, or night shifts.
PROJECT-RELATED EXPENSES
Expenses directly related to a project will be billed as follows:
Subcontractors (drilling, trenching, surveying, testing, etc.), travel-related expenses (hotels, meals, vehicle rentals, air travel, etc.) and other project expenses (e.g., aerial photographs, outside reprographics, equipment rental, overnight shipping, project-related expendable supplies, etc.) will be charged at cost plus 10 percent.
Mileage for project-related travel will be billed at $0.65 per mile In-house photocopy/reproduction will be billed at $0.25 per page.
Docusign Envelope ID: CEBEB68C-CD05-4DE9-8301-D38E021684D1
EXHIBIT A
SCOPE OF WORK
GeoDynamics, Inc. (GDI) shall provide professional geotechnical/soils engineering report review services in connection with development projects submitted to the City.
GDI may be required to visit the project site upon notification by the City. The work in general shall include the following:
1. Perform geotechnical investigation services for the City of Agoura Hills, and provide geotechnical recommendations on as needed basis.
2. Review and evaluate the geotechnical/geological reports prepared by developers’ consultants in accordance with the City guidelines for preparation of such reports.
3. Provide the City staff with specific recommendations as to the acceptability of such reports. Provide detailed review comments/suggestions to bring the report in compliance with City requirements.
4. Recommend modification/changes to the City guidelines to be in conformance with the latest state regulations, laws and acceptable geotechnical engineering practices.
5. Review grading plans for development projects to ensure compliance with acceptable geotechnical recommendations.
6. Review “as built” geotechnical/geological reports for adequacy/completeness.
7. Provide field observation for reviewing testing procedures if so requested by the City.
8. Provide field observation during grading operations if so requested by the City, and provide recommendations.
9. Review change orders for changes made during grading operation and review reports for acceptability.
Docusign Envelope ID: CEBEB68C-CD05-4DE9-8301-D38E021684D1
EXHIBIT B - FEE SCHEDULE AND RATES
2025 PROFESSIONAL FEE SCHEDULE
MUNICIPAL/PUBLIC WORKS SERVICES
FEES FOR PROFESSIONAL, TECHNICAL AND SUPPORT STAFF
Geodynamics, Inc. charges our clients for professional, technical and support services for time directly related to a project. Charges are not made for ordinary secretarial services, office management, accounting, maintenance or other activities not directly related to a project. Current personnel classifications and rates are summarized below. Rates shown are adjusted for California Prevailing Wage Law as indicated.
Peer-Review Services Fees
Personnel Classification Rate (per hour)
Principal-Level/QA-QC Review ........................................................................................................ $200.00 Project Peer Review .......................................................................................................................... 185.00 Assistant Project Reviewer ................................................................................................................ 170.00 Assistant Project Review (Prevailing Wage—Field Inspection) ........................................................ 145.00 Project Administrator (Clerical Support) .............................................................................................. 80.00 Regular Service Fees
Personnel Classification Rate (per hour)
Principal ........................................................................................................................................... $210.00 Associate ............................................................................................. ............................................. 195.00 Senior Project Professional ................................................................................................................ 180.00 Project Professional ........................................................................................................................... 170.00 Assistant Project Professional ........................................................................................................... 160.00 Senior Staff Professional ................................................................................................................... 130.00 Staff Professional ............................................................................................................................... 155.00 Senior Technician(1) .............................................................................................................................130.00 Senior Technician(1) (Prevailing Wage) .............................................................................................. 140.00 Technician(1) ................................................................................................................................ .......100.00 Technician(1) (Prevailing Wage) ..........................................................................................................127.00 Draftsperson/Technical Illustrator ........................................................................................................ 95.00 Project Administrator(1) ......................................................................................................................... 80.00 Word Processor/Typing(1) ..................................................................................................................... 75.00 Office Assistant(1) ……………………………………………………………………………………………………………..…………………………………….70.00 (1) Overtime will be charged at 1.3 times the above listed rates for these personnel classifications.
Overtime is defined as time charged to a project in excess of 8 hours per day, time worked on weekends, holidays, or night shifts.
PROJECT-RELATED EXPENSES
Expenses directly related to a project will be billed as follows:
Subcontractors (drilling, trenching, surveying, testing, etc.), travel-related expenses (hotels, meals, vehicle rentals, air travel, etc.) and other project expenses (e.g., aerial photographs, outside reprographics, equipment rental, overnight shipping, project-related expendable supplies, etc.) will be charged at cost plus 10 percent.
Mileage for project-related travel will be billed at $0.65 per mile In-house photocopy/reproduction will be billed at $0.25 per page.
Docusign Envelope ID: CEBEB68C-CD05-4DE9-8301-D38E021684D1
REPORT TO CITY COUNCIL
DATE: AUGUST 27, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: NATHAN HAMBURGER, CITY MANAGER
BY: KIMBERLY RODRIGUES, CITY CLERK
SUBJECT: APPROVE AMENDMENT TO CITY COUNCIL 2025 MEETING SCHEDULE Generally, the Agoura Hills City Council meets on the second and fourth Wednesdays of each month.
Based on a review of the upcoming conference schedules, a lack of a quorum is anticipated for the October 8, 2025, Regular City Council Meeting.
Section 54955 of the California Government Code reads:
“The legislative body of a local agency may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment…When a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes...”
Staff proposes canceling the October 8, 2025, meeting and adjourning the September 10, 2025, meeting to an Adjourned Regular City Council Meeting on Tuesday, October 7, 2025, at 6:00 p.m. This action will ensure a quorum is present to conduct City business.
The attached City Council 2025 Meeting Schedule includes the proposed amendments.
FISCAL IMPACT
There is no additional fiscal impact to the Fiscal Year 2025-26 Budget to reschedule the City Council meeting.
RECOMMENDATION
Staff respectfully recommends the City Council approve the cancellation of the October 8, 2025, Regular Meeting and adjourn the September 10, 2025, Regular Meeting to an Adjourned Regular City Council Meeting on Tuesday, October 7, 2025, at 6:00 p.m.
Attachments
2025 City Council Meeting Schedule AMENDED 082725.pdf
City Council - AMENDED
2025 Meeting Schedule
The City Council meets on the second and fourth Wednesdays of every month at 6:00 p.m. in the Council Chambers located at City Hall, 30001 Ladyface Court, Agoura Hills, California. For more information, please call (818) 597-7300.
Month 2nd Wednesday 4th Wednesday
January 8 22
February 12 – Volunteer Recognition 26
March 12* 26
April 9 23
May 14* 28
June 11* 25*
July 9 No Meeting – Jul 23
August 13 27
On August 27, 2025, the City Council approved the cancellation of the October 8 meeting and the adjournment of the September 10 meeting to an Adjourned Regular Meeting on Tuesday, October 7.
September 10 No Meeting – Sep 24
October 8 Tuesday – Oct 7 22
November – 2025 State of the City
November 12 No Meeting – Nov 26
December 10, 2025 – City Council Reorganization & Regular December 10 No Meeting – Dec 24
* Annual Budget Schedule:
March 12, 2025 – City Council Goal Setting Workshop followed by Regular City Council Meeting May 14, 2025 – City Council Goal Setting Workshop followed by Regular City Council Meeting June 11, 2025 – City Council Budget Workshop followed by Regular City Council Meeting June 25, 2025 – City Council Public Hearing and Budget Adoption at Regular Meeting
REPORT TO CITY COUNCIL
DATE: AUGUST 27, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: NATHAN HAMBURGER, CITY MANAGER
BY: LOUIS CELAYA, DEPUTY CITY MANAGER
CHARMAINE YAMBAO, DIRECTOR OF PUBLIC WORKS DIRECTOR / CITY ENGINEER SUBJECT:
ADOPT RESOLUTION NO. 25-2117; AUTHORIZING SUBMITTAL OF INDIVIDUAL GRANT
APPLICATIONS AND RELATED AUTHORIZATIONS FOR ALL CALRECYCLE GRANT PROGRAMS
FOR WHICH THE CITY OF AGOURA HILLS IS ELIGIBLE
The City recently received notification of funding available from the Department of Resources Recycling and Recovery (CalRecycle), Rubberized Pavement Grant Program (RPGP). Funding is offered to agencies pursuant to Public Resources Code Section 42872, 42872.1 and 42873. The RPGP allows for the awarding of grant funding to public entities to fund public works projects that use rubberized asphalt concrete derived from only Californiagenerated waste tires. The City has utilized this funding source in the past for its annual overlay projects.
Participation in the program requires applicants to submit an adopted resolution from the agencies governing body approving participation. As prior five-year participation resolution adopted by the City Council on October 26, 2016, has expired, participation will again require authorization from the City Council. For Fiscal Year 2025-26 grant program cycle, the RPGP anticipates $6,571,315 in available funding, with a maximum of $350,000 per individual application. Eligible applicants include cities, counties, and qualifying Native American tribes.
The RPGP encourages the recycling of used tires to reduce the amounts of tires disposed of at local landfills and promote markets for recycled tire content. Participation in the RPGP requires applicants to submit a resolution from the agency’s governing body, authorizing participation in the program. The attached resolution provides for five-year participation in the RPGP. The resolution also permits the City to apply for other CalRecycle grant opportunities where the city is eligible and requires a participating resolution.
For the 2025-26 RPGP application submittal, the Public Works Department has identified 153,312 square feet of streets to be resurfaced in the grant application, and estimates approximately 2,690 tons of rubberized pavement to be used, bringing the City’s estimated eligible grant award to an estimated $36,120. Should the City be awarded grant funding, the Annual Citywide Street Resurfacing project would realize a $36,120 savings in other specialized transportation funding sources (Measure R and Road Rehab Funds) identified for this project. The application due date is September 10, 2025, with CalRecycle announcing funding awards in December of 2025.
Should the City Council authorize participation, the required resolution will then be submitted with other applicable application materials to CalRecycle. If awarded RPGP funding, the City would have until April 1, 2028, to expend the funds.
FISCAL IMPACT
Participation and award of potential grant funding will have an impact on the proposed Fiscal Year 2026-27 budget, as a reduction of $36,120, from Fund 063 Measure R (063-4640-630500) and Fund 022 Road Rehab Fund (022- 4640-630500) will be realized, and funding from the RPGP grant will be additionally allocated for the Annual Citywide Street Resurfacing Project to Fund 260 Miscellaneous Grants (260-4640-630500).
RECOMMENDATION
Staff respectfully recommends the City Council adopt Resolution No. 25-2117; authorizing submittal of application(s) for all CalRecycle grants for which the City of Agoura Hills is eligible.
Attachments
Resolution No. 25-2117.pdf
RESOLUTION NO. 25-2117
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AGOURA
HILLS, CALFORNIA, AUTHORIZING SUBMITTAL OF INDIVIDUAL
GRANT APPLICATIONS AND RELATED AUTHORIZATIONS FOR ALL
CALRECYCLE GRANT PROGRAMS FOR WHICH THE CITY OF
AGOURA HILLS IS ELIGIBLE
WHEREAS, the California Public Resources Code authorizes the Department of Resources Recycling and Recovery (CalRecycle) to administer various Grant Programs; and
WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the Grant Programs; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle Grants.
WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the Grant Programs; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Agoura Hills, authorizes the City Manager, or his/her designee to submit an application to CalRecycle for all Grant Programs offered for which the City of Agoura Hills is eligible.
BE IT FURTHER RESOLVED, that the City Manager or his/her designee is hereby authorized the Director of Public Works, Deputy Director of Public Works, or their designee, are hereby authorized as Signature Authority to execute in the name of the City of Agoura Hills all grant documents, including but not limited to, applications, agreements, amendments, and requests for payment, necessary to secure grant funds and implement the approved grant project.
BE IT FURTHER RESOLVED, that these authorizations are effective for five years from the date of adoption.
PASSED, APPROVED, AND ADOPTED, this 27th day of August 2025, by the following vote to wit:
AYES: ( )
NOES: ( )
ABSTAIN: ( )
ABSENT: ( )
___________________________________
Penny Sylvester, Mayor
ATTEST:
________________________________
Kimberly M. Rodrigues, MMC, City Clerk