Written materials relating to an item on this agenda that are distributed to the legislative bodies within 72 hours before the item is to be considered at its regularly scheduled meeting will be made available for public inspection at the City Clerk’s Office, 300 West Third Street 4th Floor during customary business hours. Agenda reports are also on the City of Oxnard web site at www.oxnard.org.
In compliance with the Americans with Disabilities Act, if you require special assistance to participate in a meeting, please contact the City Clerk’s Office at 385-7803. Notice at least 72 hours prior to the meeting will enable the City to reasonably arrange for your accessibility to the meeting.
Agenda Item time estimates: (Presentation / Council Discussion / Public Comment) AGENDA
OXNARD CITY COUNCIL
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY
OXNARD FINANCING AUTHORITY
OXNARD HOUSING AUTHORITY
Council Chambers, 305 West Third Street
February 1, 2022
Regular Meeting - 6:00 PM
Zoom details to call-in for public comment during a meeting:
1. Dial Phone Number: (888) 475-4499
2. Enter Meeting ID: 876 6826 6991
3. Passcode: 432678
If you wish to speak during public comments or a particular item on the agenda, please sign-on by following the zoom calling in steps listed above. Once the Mayor calls for public speakers, press *9 to raise your hand to inform the City Clerk you would like to speak during the public speaking section for that particular item on the agenda, while in the zoom waiting room.
This meeting is being held in accordance with Assembly Bill 361, allowing members of the City Council, members of the public and staff to participate via teleconference.
Consistent with City policies imposed to promote social distancing, the facility where the City Council regularly meets is temporarily closed to the public. The public is encouraged to view the meeting from home on Spectrum channel 10, Frontier channel 35, or YouTube at Youtube.com/oxnardnews. Video recordings of the meeting are typically available online following the meeting at the City’s website at www.oxnard.org/city-meetings.
*Please see the link for the Measure M pre-recorded presentation video for each item listed on this agenda.
YOU MAY PARTICIPATE IN THE MEETING IN THE FOLLOWING WAYS:
1. EMAILING COMMENTS OR REQUESTING TO SIGN UP TO SPEAK BEFORE THE MEETING a. Submit an email to [email protected] no later than 3 p.m. on the day of the meeting (Please indicate the agenda item number in the subject line). All email correspondence will be forwarded to the City Council prior to the start of the meeting and made part of the legislative record.
b. Submit a request to speak by no later than 3 p.m. on the day of the meeting by using the form available at www.oxnard.org/city- meetings, emailing the City Clerk at [email protected], or calling the City Clerk at (805) 385-7803.
2. PROVIDING PUBLIC COMMENTS DURING THE MEETING
a. To provide public comment without requesting to speak prior to the meeting, during the meeting dial (888) 475-4499 and enter the Meeting ID and Passcode listed above as the Zoom details for this meeting. b. Public comments on agenda items shall be taken following the announcement of the item. After the item is announced, members of the public shall have three minutes to register or otherwise be recognized for the purpose of providing public comment. During this three-minute time period, public comments may be taken and the City Council or staff may discuss the item being considered or briefly respond to public comments.
Detailed participation instructions can be found at www.oxnard.org/city-meetings.
In the event of a disruption which prevents a legislative body of the City of Oxnard from broadcasting a meeting using a call-in option or internet-based service option, or in the event of a disruption within the City’s control which prevents members of the public from offering
AMENDED AGENDA
J.1 PUBLIC HEARING – Redistricting Memo Added
1 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY February 1, 2022 PAGE 2
public comment using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on a meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. However, if any of the broadcast options are disrupted, but any of the other broadcast options is still available to the public, the legislative body may take further action on items appearing on a meeting agenda without waiting for the disrupted broadcast option(s) to be restored. * The City has filed pre-election and post-election lawsuits regarding the validity of Measure M.
A. ROLL CALL, POSTING OF AGENDA
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council
B. OPENING CEREMONIES (6:00 PM)
Pledge of allegiance to the flag of the United States.
C. CEREMONIAL ITEMS
1. SUBJECT: Presentation of a Proclamation Designating the Month of February, 2022 as "Black History Month."
2. SUBJECT: Presentation of a Resolution to Roger Brooks for over Twenty-Seven Years of Service to the City of Oxnard.
D. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
A person may address the legislative body only on matters not appearing on the agenda and within the subject matter jurisdiction of the legislative body. Speaker requests shall be submitted as set forth on the first page of this agenda. Speakers are limited to three minutes. After thirty minutes, if all speakers have not had the opportunity to speak, the remaining speakers will be given an opportunity to speak prior to adjournment of the meeting. The legislative body cannot enter into a detailed discussion or take action on any items presented during public comments at this time. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion. Persons wishing to speak on public hearing items should do so at the time of the hearing.
E. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
The City Manager/Executive Director/Secretary shall report on items of interest to the legislative body occurring since the last meeting. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion.
1. City Manager Department
SUBJECT: COVID-19 Update from Director of Emergency Services. (10/5/5)
RECOMMENDATION: That the City Council:
1. Receive and file an update from the Director of Emergency Services on the COVID19 Local Emergency; and
2. Re-authorize remote teleconference meetings of the legislative bodies of the City of Oxnard in accordance with Assembly Bill 361 based on the following findings: (i) The City’s COVID-19 Comprehensive Policy and Protocol imposes measures to promote social distancing; (ii) The Governor's proclaimed state of emergency remains in effect; (iii) Ventura County’s COVID-19 case rate is still considered widespread community transmission by the Centers for Disease Control and Prevention and the California Department of Public Health; (iv) On December 29, 2 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY February 1, 2022 PAGE 3
2021, in response to the increased transmission of COVID-19 in Ventura County, the City Manager announced the closure of Oxnard City Hall, and most City facilities and programs; (v) The County of Ventura closed its buildings to the public effective Wednesday, January 5, 2022, for a three-week period, as a precautionary measure to slow the spread of COVID-19; and (vi) As a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
Legislative Body: City Council
Contact: Alexander Nguyen, (805) 385-7430
F. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY
BUSINESS/COMMITTEE REPORTS
At this time, a member of the legislative body may make a brief announcement, or make a brief report on his or her activities. Further, members of the legislative body may request to schedule consideration of whether to place an item on a future agenda. The legislative body cannot enter into detailed discussion or take action on any item presented during this report. The member's report shall not exceed three minutes, unless additional time is granted by the presiding officer.
G. REVIEW OF INFORMATION/CONSENT AGENDA
The members of the legislative body will consider whether to remove Information/Consent Agenda items for discussion later during the meeting.
H. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
At this time, a person may address the legislative body only on matters appearing on the information/consent agenda. The presiding officer shall limit public comments to three minutes.
I. INFORMATION/CONSENT AGENDA
1. City Clerk Department
SUBJECT: Approval of Minutes.
RECOMMENDATION: That the City Council approve the minutes of the January 4, 2022 regular meeting and the January 6, 2022 special meeting as presented.
Legislative Body: City Council
Contact: Rose Chaparro, (805) 385-7805
2. Public Works Department
SUBJECT: Second Amendment to Huitt-Zollars, Inc. Agreement 8790-19-PW – Oxnard Boulevard Bicycle Facilities Installation.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a Second Amendment to Agreement 8790-19-PW with Huitt-Zollars, Inc., in the amount of $43,598 for a new not to exceed agreement amount of $243,561 for the Oxnard Boulevard Bicycle Facilities Installation, PW 19-96, Project No.183101.
(This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program.)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
3. Public Works Department
SUBJECT: Agreement A-8427 to GSE Construction Company, Inc. for the Blending Station 4 3 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY February 1, 2022 PAGE 4
Pipe Island Improvement Project, Specification No. PW 21-77.
RECOMMENDATION: That the City Council approve and authorize the following for a total of $370,375 in Project funds for the Blending Station 4 Pipe Island Improvement Project, Specification No. PW 21-77 (Project No. 226505):
1. The Mayor to execute Agreement A-8427 with GSE Construction Company, Inc. in the amount of $296,300 for the Project;
2. A Project contingency amount of $44,445; and
3. A Project allocation of $29,630 for engineering, inspection, and project management. (This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program.)
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
4. Police Department
SUBJECT: Tobacco Grant Program Award FY 2021-2025
RECOMMENDATION: That City Council adopt a resolution:
1. Authorizing the City Manager a prior execution and submission of an application for the U.S.
Department of Justice (DOJ) grant funds in the amount of $410,944.00 from the Tobacco Grant Program FY 2021-2025.
2. Authorizing the City Manager to execute a Memorandum of Understanding (MOU) with the California Department of Justice (DOJ) to receive and expend grant funds, and designating the City of Oxnard as the fiscal agent for the Tobacco Grant Program;
3. Authorizing the City Manager or designee to execute grant agreements and appropriate funds upon notification of grant award;
4. Authorizing the Chief Financial Officer or designee to submit financial reports and grant claims, and approve administrative budget appropriation for the use of Tobacco Grant funds upon award; and
5. Authorizing the Chief of Police or designee to submit program-related progress or status reports.
Legislative Body: City Council
Contact: Jason Benites, (805) 385-7624
5. Housing Department
SUBJECT: Mobile Home Park Rent Stabilization System Annual Activity Report for 2021.
RECOMMENDATION: That the City Council receive and file the 2021 Annual Activity Report for the Mobile Home Park Rent Stabilization System, as adopted by the Mobile Home Park Rent Review Board.
Legislative Body: City Council
Contact: Emilio Ramirez, (805) 385-8094
6. Public Works Department
SUBJECT: Agreements for On-Call Professional Engineering Services.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute the 4 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY February 1, 2022 PAGE 5
following on-call professional engineering agreements:
1. Agreement A-8409 with Encompass Consultant Group in the amount not to exceed $1,000,000 for a three year term;
2. Agreement A-8405 with MNS Engineers, Inc. in the amount not to exceed $1,000,000 for a three year term;
3. Agreement A-8392 with Kimley-Horn & Associates in the amount not to exceed $1,000,000 for a three year term;
4. Agreement A-8391 with Fehr & Peers in the amount not to exceed $1,000,000 for a three year term;
5. Agreement A-8393 with GHD, Inc. in the amount not to exceed $1,500,000 for a three year term;
6. Agreement A-8394 with Iteris, Inc. in the amount not to exceed $1,000,000 for a three year term;
7. Agreement A-8411 with Kennedy/Jenks Consultants, Inc. in the amount not to exceed $750,000 for a three year term;
8. Agreement A-8412 with Rincon Consultants, Inc. in the amount not to exceed $500,000 for a three year term;
9. Agreement A-8413 with Carollo Engineers, Inc. in the amount not to exceed $750,000 for a three year term;
10. Agreement A-8414 with Environmental Science Associates in the amount not to exceed $500,000 for a three year term;
11. Agreement A-8383 with Leighton Consulting, Inc. in the amount not to exceed $750,000 for a three year term;
12. Agreement A-8388 with RRM Design Group in the amount not to exceed $1,000,000 for a three year term; and
13. Agreement A-8418 with m6 Consulting Inc. in the amount not to exceed $500,000 for a three year term.
(Public Works and Transportation Committee approved 3-0) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
7. Public Works Department
SUBJECT: First Amendment with Various Consultants for Wastewater and Recycled Water Treatment Process Support.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a First Amendment to the following wastewater and recycled water treatment process support consultant services:
1. Agreement A-8283 with Dudek in the amount of $300,000 for a new not to exceed amount of $400,000;
2. Agreement A-8285 with GHD, Inc., in the amount of $300,000 for a new not to exceed amount of $400,000;
3. Agreement A-8287 with Kennedy/Jenks Consultants, Inc., in the amount of $300,000 for a new not to exceed amount of $475,000; and
4. Agreement A-8289 with Carollo Engineers, Inc., in the amount of $300,000 for a new not to exceed amount of $475,000.
5 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY February 1, 2022 PAGE 6
(Public Works and Transportation Committee approved 3-0) Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
J. PUBLIC HEARINGS
1. City Attorney Department
SUBJECT: Public Hearing Regarding Redistricting of City Council Districts (15/30/30)
RECOMMENDATION: That the City Council conduct a public hearing regarding the redistricting process for City Council districts and receive a presentation from the City’s redistricting consultant regarding the maps that have been submitted. (This item did not originate in Committee.)
Because the presentation will be made by a consultant, the presentation was not prerecorded pursuant to Measure M.
Legislative Body: City Council
Contact: Stephen Fischer, (805) 385-7483
K. REPORTS
1. City Treasurer
SUBJECT: City Treasurer's Quarterly Investment Report for the Period Ending December 31, 2021. (0/10/10)
RECOMMENDATION: That the City Council receive and file the Quarterly Investment Report for the period ending December 31, 2021.
(This item did not originate in Committee.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/8GkkAOKmnG0
Legislative Body: City Council
Contact: Phillip Molina, (805) 385-7808
2. Information Technology Department
SUBJECT: Oxnard 311 - Performance Update Report. (0/10/10)
RECOMMENDATION: That the City Council receive an update on the fifth year (and first half of year 6) performance of the Oxnard 311 Constituent Relationship Management System. (Community Services, Public Safety, Housing & Development Committee approved 3-0.) Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/cuclewNe0j4
Legislative Body: City Council
Contact: Helen Miller, (805)385-7446
3. Housing Department
SUBJECT: Designation of Fifty-Three Parcels as Surplus Lands. (0/10/5) 6 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY February 1, 2022 PAGE 7
RECOMMENDATION: 1. That the City Council adopt a resolution. a. affirming the City Council’s declaration of certain surplus lands described in Exhibit A to the Resolution;
b. authorizing the City Manager or designee to send notices of availability as to the surplus lands; and
c. authorizing the City Manager or designee to do all things which are deemed necessary or proper to effectuate the purposes of the Resolution, including but are not limited to, negotiating in good faith in accordance with the requirements of the Surplus Land Act.
2. That the Parking Authority adopt a resolution.
a. affirming the Parking Authority’s declaration of certain surplus lands described in Exhibit A to the Resolution;
b. authorizing the City Manager or designee to send notices of availability as to the surplus lands; and
c. authorizing the City Manager or designee to do all things which are deemed necessary or proper to effectuate the purposes of the Resolution, including but are not limited to, negotiating in good faith in accordance with the requirements of the Surplus Land Act.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/lR7OBTgo4EQ
Legislative Body: City Council
Contact: Emilio Ramirez, (805) 385-8094
4. Public Works Department
SUBJECT: Agreement A-8433 to Taft Electric Company for Traffic Signal Modifications Project (7 Signals), Specification No. PW 19-98. (0/5/5)
RECOMMENDATION: That the City Council approve and authorize the following for a total of $3,599,880 in Project funds for the Traffic Signal Modifications Project (7 Signals), Specification No. PW 19-98 (Project No. 183114):
1. The Mayor to execute Agreement A-8433 with Taft Electric Company in the amount of $2,999,900 for the Project;
2. A Project contingency amount of $299,990;
3. A Project allocation amount of $299,990 for engineering, inspection, survey and project management; and
4. A budget appropriation recognizing grant revenue and appropriation of $860,783 from the Federal Transportation Grant Fund (275) and appropriation of $954,145 from the fund balance of the Air Pollution Buydown Fee Fund (118) for the Project. 7 OXNARD CITY COUNCIL OXNARD FINANCING AUTHORITY HOUSING AUTHORITY
OXNARD COMMUNITY DEVELOPMENT COMMISSION SUCCESSOR AGENCY February 1, 2022 PAGE 8
(This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/Y4-M-LBrsH8
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
5. Public Works Department
SUBJECT: Introduction of an Ordinance Repealing and Replacing Chapter 19, Article II, Solid Waste and Recycling. (0/10/10)
RECOMMENDATION: That the City Council:
1. Determine that the proposed ordinance is exempt from California Environmental Quality Act (CEQA) under CEQA Guideline Section 15061 (b)(3), because the enhanced solid waste regulations, as provided for the proposed ordinance, will not have a significant effect on the environment, and the new State mandatory requirements strengthen the City’s handling of solid waste, recyclable materials and organic materials for the protection of the environment; and
2. Introduce an Ordinance for first reading (by title only, waiving further reading), repealing and replacing Chapter 19 of the Oxnard City Code relating to solid waste and recycling.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/MZ_98z-rYL0
Legislative Body: City Council
Contact: Michael Wolfe, (805) 385-8055
6. City Attorney Department
SUBJECT: Council Procedures Manual Update. (0/10/10)
RECOMMENDATION: That the City Council adopt a resolution adopting the updated Council Procedures Manual.
(Finance and Governance Committee approved 2-0.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/MhZMH1WKBSM
Legislative Body: City Council
Contact: Stephen Fischer, (805) 385-7483
L. ADJOURNMENT
8 CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD
COMMENDING ROGER BROOKS FOR OVER 27 YEARS OF
EXEMPLARY SERVICE TO THE CITY OF OXNARD
WHEREAS, Roger Brooks has provided over 27 years of exemplary service as an employee of the City of Oxnard; and
WHEREAS, Roger began his career with the City of Oxnard in the Oxnard Police Department as an Animal Control Officer in 1994 after having transferred here from Ventura County Animal Services. From 1996 to 2000, Roger served as a Community Services Officer, a newly created position of the Oxnard Police Department. In this position, he assisted with setting up the field Community Services Officer (CSO) program. From 2000 to 2014, Roger served as a Code Enforcement Officer/Park Ranger, helping to create the park patrol program. From 2014 to 2016, Roger served as the Senior Code Compliance Inspector. From 2016 to 2017, Roger was appointed to the Interim Code Compliance Manager. In 2017, Roger was promoted to the position of Code Compliance Manager. Under his leadership, Roger oversaw the successful transition of the Code Compliance unit from the Police Department to its current home in the Community Development Department. He was responsible for a staff of eight field inspectors and two administrators. His commitment to professionalism and service led to all Code Inspectors for the City of Oxnard receiving additional training to become accredited by the California Association of Code Enforcement Officers. He also assisted with creating the Safe Home Safe Families Repeat Offender Program which is a project designed to improve the living conditions for renters in Oxnard. During his tenure he also oversaw the 2018 and 2021 homeless camp clean ups of Halaco and adjoining parcels while reducing the overall number of city contracted abatements required for blighted properties; and
WHEREAS, during his time with the City of Oxnard, Roger assisted with the operation of the Police Mobile Command Post for ten years. Roger was a member of the Oxnard Employee Recognition Committee and Oxnard Centennial Celebration Committee. Roger's endless dedication to his colleagues can also be seen in his fourteen years as IUOE Chief Steward and serving as OMMA President for the last two years; and
WHEREAS, throughout Roger’s career he demonstrated a dedication to the goals, needs, and best interests of City departments, the residents, businesses, and animals in the City of Oxnard; and
WHEREAS, the experience and institutional knowledge embodied in Roger will be greatly missed by his peers and the City of Oxnard.
NOW, THEREFORE, the City Council of the City of Oxnard does hereby resolve to commend, recognize and extend its gratitude to Roger Brooks for over 27 years of exemplary service to the City of Oxnard and extends best wishes for a fulfilling retirement with family and friends.
PASSED AND ADOPTED THIS 1st day of February, 2022, by the following vote:
AYES:
NOES:
ABSENT:
9 ABSTAIN:
________________________________
John C. Zaragoza, Mayor
ATTEST: APPROVED AS TO FORM
Rose Chaparro, City Clerk Stephen M. Fischer, City Attorney 10 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. I.1
DATE: February 1, 2022
TO: City Council
FROM: Rose Chaparro, City Clerk, (805) 385-7805, [email protected]
SUBJECT: Approval of Minutes.
RECOMMENDATION
That the City Council approve the minutes of the January 4, 2022 regular meeting and the January 6, 2022 special meeting as presented.
BACKGROUND
Approval of Minutes.
STRATEGIC PRIORITIES
This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.
FINANCIAL IMPACT
There is no financial impact.
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Rose Chaparro, City Clerk
ATTACHMENTS
1. MINUTES 01 04 2022 CC Regular Meeting
2. MINUTES 01 06 2022 CC Special Council Meeting
11 MINUTES
OXNARD CITY COUNCIL
Regular Meeting
January 4, 2022
A. ROLL CALL, POSTING OF AGENDA
At 6:00 p.m., Mayor John C. Zaragoza called to order the regular meeting of the Oxnard City Council, in the City Hall Council Chambers at 305 W. Third Street, O xnard, California. The City Clerk called the roll and announced the posting of the agenda. Mayor Pro Tem Bryan A. MacDonald and Councilmembers Gabriela Basua, Vianey Lopez, Oscar Madrigal, Bert E. Perello , and Gabriel (Gabe) Teran were present via videoconference. Mayor Zaragoza was present in person.
Councilmember Madrigal joined the meeting virtually at 6:55 p.m.
Staff members present in person were Alexander Nguyen, City Manager; Stephen M. Fischer, City Attorney; and Rose Chaparro, City Clerk.
Staff members Ashley Golden, Assistant City Manager; Shiri Klima, Deputy City Manager; Kenneth Rozell, Chief Assistant City Attorney; Jason Benites, Police Chief; Eric Sonstegard, A ssistant Chief of Police; John Colamarino, Assistant Fire Chief; Michael Wolfe , Public Works Director; Brian Yanez, Assistant Public Works Director; Steve Howlett, Assistant Public Works Director; Tatiana Arnaout, Senior Civil Engineer; Abraham Maldonado, Water Resources Manager ; Megan Schneider, Public Works Water Conservation/Outr each Supervisor; Emilio Ramirez, Housing Director; Vyto Adomaitis, Community Development Director; Scott Kolwitz, Planning & Environmental Services Manager; Joe Pearson II, AICP, Senior Planner; Juan Martinez, Planner; Betsy George, Chief Financial Officer ; and Helen Miller, IT Director participated via videoconference.
Henry Casillas, Project Manager; Armando Sahagun, Principal Partner; Roberto Curiel, Principal Partner; Francisco Aguilera; Joel Kirschenstein, Oxnard Union High School District Representat ive; Pamela Mendoza, Department of General Services; Mark DiCecco , Project Architect; Larita Montgomery, Martin Luther King, Jr. Committee of Ventura County; and Alfredo Palomar, Real Estate Officer also participated via videoconference.
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council
B. OPENING CEREMONIES (6:00 PM)
C. CEREMONIAL ITEMS
1. SUBJECT: Presentation of a Proclamation Designating January 17, 2022 as "Dr. Martin Luther King, Jr. Day."
Mayor Zaragoza read the pr oclamation and presented it to Ms. Larita Montgomery, Chairperson of the Martin Luther King, Jr. Committee of Ventura County, who made some remarks.
12 D. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Public comments were received from Douglas Partello (traffic safety concerns on Patterson & Victoria), Ray Blattel (street sweeper tickets/trees need trimming), and Aldo Cecena (changes to land development rules/ modified properties).
E. REPORT OF CITY MANAGER/EXECUTIVE DIRECTOR/SECRETARY
1. City Manager Department SUBJECT: COVID-19 Update from Director of Emergency Services. (10/5/5)
RECOMMENDATION: That the City Council:
1. Receive and file an update from the Director of Emergency Services on the COVID19 Local Emergency; and
2. Re-authorize remote teleconference meetings of the legislative bodies of the City of Oxnard in accordance with Assembly Bill 361 based on the following findings:(i) The City’s COVID-19 Comprehensive Policy and Protocol imposes measures to promote social distancing; (ii) The Governor's proclaimed state of emergency remains in effect; (iii) Ventura County’s COVID-19 case rate is still considered widespread community transmission by the Centers for Disease Control and Prevention and the California Department of Public Health; (iv) The Ventura County Health Officer has recommended that social distancing measures continue to be practiced throughout Ventura County communities to minimize the spread of COVID-19; and (v) As a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
Alexander Nguyen, City Manager, presented and answered questions from Council. No public comments were received.
It was moved by Councilmember Perello, seconded by Councilme mber Teran , to approve the recommended
action. VOTE: Lopez, Basua, Teran, Zaragoza, MacDonald, and Perello voted in favor; the motion carried 6- 0.
Councilmember Madrigal was absent during this vote. He joined the meeting after this item.
F. CITY COUNCIL/HOUSING AUTHORITY/SUCCESSOR AGENCY/FINANCING AUTHORITY
BUSINESS/COMMITTEE REPORTS
Councilmember Teran wished everyone a happy new year. There is a temporary reduction of face -to-face services at the City of Oxnard due to Covid- 19. He read t he Covid- 19 statistics for Ventura County and reminded the public to stay safe.
Mayor Pro Tem MacDonald announced that he was selected as the new Chair of the Board for the Transit District. He also announced that the Ventura County Transportation Commis sion selected Martin Erickson as their next Executive Director.
Councilmember Basua wished everyone a happy new year and hopes that everyone is staying healthy. She announced the beach clean- up event organized by the Coastal Keepers. She thanked the Cit y of Oxnard for providing resources for this event.
Councilmember Perello wished everyone a happy new year. He asked that the City provide a status of when the hazardous pay will be issued. He asked that City staff contact certain properties that are cu rrently being neglected. He will provide City staff a list of those properties. 13 Councilmember Lopez supports Councilmember Perello and agrees that a clean- up event would be helpful to clean-up of some of these areas.
Mayor Zaragoza mentioned that 2021 was a rough year due to Covid-19 pandemic and encouraged the public to be safe, to wear a mask and wash their hands. He thanked Council and staff for all the City’s accomplishments over the past year. He also wished everyone a happy new year.
G. REVIEW OF INFORMATION/CONSENT AGENDA
Items I-1 through I-8 were discussed among the Council and staff.
H. PUBLIC COMMENTS ON INFORMATION/CONSENT AGENDA
Public comments were received from Debbie Mitchell (I.4)
I. INFORMATION/CONSENT AGENDA
1. City Clerk Department SUBJECT: Approval of Minutes.
RECOMMENDATION: That the City Council approve the minutes of the December 6, 2021 special meeting and the December 7, 2021 regular meeting as presented.
2. Public Works Department SUBJECT: Grant Application for the Clean California Local Grant Program.
RECOMMENDATION: That the City Council adopt Resolution #15,526:
1. Authorizing the City Manager to submit a grant application for an amount not to exceed $5,000,000 in Clean California Local Grant Program funds to be used for the Oxnard Beautification and Clean-up Project; and
2. Authorizing the City Manager or designee to execute grant agreements; the Finance Director or designee to submit financial reports and grant claims and approve budget appropriations for the use of grant funds; and the Director of Public Works or designee to submit non-financial reports. (This item did not originate in Committee.)
3. Fire Department SUBJECT: Purchase of Eight (8) Battalion Chief Command Vehicles.
RECOMMENDATION: That City Council ratify the authorization of the Mayor to Execute Purchase Order 8388 in the Amount of $419,673.90 for the Purchase of Eight (8) Battalion Chief Command Vehicles Chassis through National Auto Fleet.
4. Public Works Department
SUBJECT: Budget Appropriation for the Pilaster Jacket Repairs at Mandalay Bay Seawalls Project PW 17-16.
RECOMMENDATION: That the City Council approve and authorize:
1. A budget appropriation transfer in the amount of $145,000 from the General Fund 101 14 contingency to the General Fund Capital Outlay Fund 301 for the Pilaster Jacket Repairs at Mandalay Bay Seawalls Project PW 17-16 (Project No. 191601); and
2. An increase of $145,000 in Project contingency from $63,400 to $208,400 for use in this Project. (This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program.)
5. Housing Department SUBJECT: 2021 HOME American Rescue Plan Funding.
RECOMMENDATION: That City Council approve the following actions:
1. Authorize the City Manager to accept funds through the HOME American Rescue Plan provided by the Department of Housing and Urban Development;
2. Authorize the City Manager to execute the HOME ARP Grant Agreement by and between the City of Oxnard and the Department of Housing and Urban Development for the use of $2,772,021; and
3. Direct staff to return to the City Council with a 2021-2022 Annual Action Plan amendment that includes proposed activities and a Funding Allocation Plan for the HOME ARP program once the compliance documentation has been completed.
6. Public Works Department SUBJECT: Calleguas Water District Annexation at Garden City Acres Park.
RECOMMENDATION: That the City Council approve and authorize the Public Works Director to sign:
1. The Landowners Request to Annex and Approval of Parcel Charge; and
2. The Indemnification Agreement A-8401 between the Calleguas Municipal Water District and the City of Oxnard for the annexation of property located at 5302 Cypress Road. (Public Works and Transportation Committee approved 3-0.)
7. Public Works Department
SUBJECT: First Amendment to Purchase Order #8349 with Badger Meters, Inc. for Advanced Metering Infrastructure (AMI) Capable Water Meters.
RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a First Amendment to Purchase Order #8349 with Badger Meters, Inc. in the amount of $150,000 for a new total not to exceed value of $250,000 for replacement water meters through September 1, 2022. (Public Works and Transportation Committee approved 3-0.)
8. Public Works Department
SUBJECT: Agreement A-8402 with Professional Security Consultants for Security Services at Various City Locations.
RECOMMENDATION: That the City Council approve and authorize the:
1. Mayor to execute Agreement A-8402 with Professional Security Consultants, for an initial term ending June 30, 2023 and the option to extend for two consecutive periods of one year each, not to surpass June 30, 2025, and for a total contract not-to-exceed amount of $2,660,000, for security services at various City locations; and
2. Purchasing Agent to execute amendments to Agreement A-8402 for a total term of three years and five months with a possible termination date of June 30, 2025 and a total not-to-exceed amount of $2,660,000.
(Public Works and Transportation Committee approved 3-0.)
15 Consent Item I.1
The December 7, 2021 regular meeting minutes were pulled for revision. The December 6, 2021 special meeting minutes were approved.
Consent Items I.1 – I.8
It was moved by Councilmember Teran , seconded by Councilmember Lopez, to app rove the Information/Consent items as presented. VOTE: MacDonald, Perello, Basua Madrigal, Zaragoza, Teran, and Lopez voted in favor; motion passed 7-0.
J. PUBLIC HEARINGS
1. Community Development Department
SUBJECT: DMV Oxnard Field Office Drainage Easement Vacation; Planning and Zoning (PZ) Permit No. 21-660-02 (Easement Vacation)- Resolution #15,527 to vacate two forty (40) foot wide drainage easements, totaling approximately 24,600 square feet, located at 4050 South Saviers Road. (0/0/05)
RECOMMENDATION: That the City Council conduct a public hearing and:
1. Find the project exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3); and
2. Adopt Resolution #15,527 to vacate its right, title and interest in the two forty (40) foot wide drainage easements, totaling approximately 24,600 square feet, crossing the two parcels located at 4050 South Saviers Road.
3. Authorize the Mayor to sign the Quitclaim Deed releasing City authority and/or rights to the access drainage easement State of California for parcels 219-0-110-355 and 219-0-110-405. (This item did not originate in Committee.)
The City Clerk announced the affidavit of publication and stated that no written communications were received.
Joe Pearson II, AICP, Senior Planner, gave a report and answered questions.
Mayor Zaragoza opened the public testimony portion of the public hearing. No public comments were received.
Without objection, the Council approved closing the public testimony portion of the public hearing. Discussion ensued among the Council and staff.
It was moved by Councilmember Perello, seconded by Councilmembe r Basua, to approve the recommended
action as presented. VOTE: MacDonald, Zaragoza, Perello, Madrigal, Basua, Teran, and Lopez voted in favor; the motion carried 7-0.
2. Community Development Department
SUBJECT: Encanto Homes Subdivision: Request For Approval of Planning and Zoning Permit (PZ) No. 20-300-04 Tentative Tract Map No. 6054 as modified by PZ No. 21-550-03 (Major Modification), for a proposed 27 home subdivision on 4.1 acre (gross) site located at 1101 and 1111 West Second Street (APN: 202-0-233-355) and 1101 West First Street (APN: 202-0-233-345). Filed by Henry Casillas, on behalf of the Oxnard Union High School District, property owner, 451 West Fifth Street, Oxnard, California 93030. (0/10/10)
RECOMMENDATION: That the City Council:
1. Conduct a public hearing
2. Find the Project to be Exempt from the California Environmental Quality Act (CEQA), pursuant to 16 Section 15332 (In-fill Development Projects) of the CEQA Guidelines;
3. Adopt Resolution #15,528 approving Planning and Zoning Permit No. 20-300-04 Tentative Tract Map No. 6054 as modified by PZ No. 21-550-03 (Major Modification), subject to certain findings and conditions. (This item did not originate in Committee.)
The City Clerk announced the affidavit of publication and stated that no written communications were received.
Henry Casillas, Proje ct Manager; Joel Kirschenstein, Representative; and Mark DiCecco, Project Architect; presented and answered questions.
Mayor Zaragoza opened the public testimony portion of the public hearing. P ublic comments were received from Barbara Macri-Ortiz.
Without objection, the Council approved closing the public testimony portion of the public hearing. Discussion ensued among the Council and staff.
It was moved by Councilmember Teran, seconded by Councilmembe r Lopez, to approve the recommended
action as pres ented. VOTE: Teran, Basua, Zaragoza, Lopez, Madrigal, and Perello voted in favor; the motion carried 6-0-1. Mayor Pro Tem MacDonald recused himself and abstained due to owning property near the project location.
K. REPORTS
1. Public Works Department SUBJECT: Budget Appropriation for Irrigation Repairs. (0/10/5)
RECOMMENDATION: That the City Council approve and authorize a budget appropriation in the amount of $400,000 from the General Fund available fund balance to the Parks Division for the use of citywide irrigation repairs.
Michael Wolfe, Public Works Director , presented and answered questions . Public comments were received from Douglas Partello. Discussion ensued among the Council and staff.
It was moved by Mayor Pro Te m MacDonald, seconded by Councilmember Perello , to approve the
recommended action as presented. VOTE: Basua, Madrigal, MacDonald, Teran, Lopez, Perello, and Zaragoza voted in favor; motion passed 7-0.
2. Public Works Department SUBJECT: Update on Drought Condition Report. (0/10/5)
RECOMMENDATION: That the City Council:
1. Approve the City stay in a Stage 2 water shortage condition pursuant to the City Council approved Resolution No. 14,741;
2. Provide feedback on the water conservation outreach, education, and enforcement plan; and
3. Provide feedback on a potential new resolution with the appropriate water shortage stage and conservation measures should a 0% allocation be finalized in Spring 2022. (Public Works and Transportation Committee approved 3-0.) Alexander Nguyen, City Manager, presented . Shiri Klima, Deputy City Manager ; Michael Wolfe, Public Works Director ; and Megan Schneider, P ublic Works Water Conserv ation/Outreach Supervisor ; answered questions. No public comments were received. Discussion ensued among the Council and staff. 17 It was moved by Mayor Pro Tem MacDonald, seconded by Councilmember Perello , to approve the recommended action as presented. VOTE: Lopez, Teran, MacDonald, Basua , Perello, and Zaragoza voted in favor, Madrigal voted against; motion passed 6-1.
L. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 8:40 p.m.
ROSE CHAPARRO JOHN C. ZARAGOZA
City Clerk Mayor
18 MINUTES
OXNARD CITY COUNCIL
January 6, 2022
Special Council Meeting
December 6, 2021
A. ROLL CALL, POSTING OF AGENDA
At 6:02 p.m., Mayor John C. Zaragoza called to order the special meeting of the Oxnard City Council, in the City Hall Council Chambers at 305 W. Third Street, Oxnard, California. The City Clerk called the roll and announced the posting of the agenda. Mayor Pro Tem Bryan A. MacDonald and Councilmembers Gabriela Basua, Vianey Lopez, Oscar Madrigal, B ert E. Perello , and Gabriel (Gabe) Teran were present via videoconference. Mayor Zaragoza was present in person.
Staff members present in person were Alexander Nguyen, City Manager; Stephen M. Fischer, City Attorney; Ken Rozell, Chief Assistant City Attorney; and Rose Chaparro, City Clerk.
Staff members Jason Zaragoza, Deputy City Attorney ; Betsy George, Chief Financial Officer ; and Steve Howlett, Assistant Public Works Director; participated via videoconference.
Kristen Parks and Douglas Johnson, Consultant s with National Demographics Corporation also participated via videoconference.
THE FOLLOWING LEGISLATIVE BODIES ARE MEETING: City Council
B. OPENING CEREMONIES (6:00 PM)
The flag salute was followed by a moment of silence.
C. PUBLIC HEARINGS
1. City Attorney Department SUBJECT: Public Hearing Regarding Redistricting of City Council Districts (15/30/30)
RECOMMENDATION: That the City Council conduct a public hearing regarding the redistricting process for City Council districts and receive a presentation from the City’s redistricting consultant regarding the maps that have been submitted.
(This item did not originate in Committee.)
Because the presentation will be made by a consultant, the presentation was not prerecorded pursuant to Measure M.
The City Clerk announced the affidavit of publication and stated that no written communications were received.
Kenneth Rozell, Chief Assistant City Attorney , introduced K risten Parks and Douglas Johnson, Consultants with National Demographics Corporation, which presented and answered questions.
Mayor Zaragoza opened the public testimony portion of the public hearing. Public comments were received 19 JANUARY 6, 2022 OXNARD CITY COUNCIL PAGE 2
from Ronald Arruejo, Barbara Macri-Ortiz, Lucy Cartagena, Daniel Chavez, and Debbie Mitchell.
Without objection, the Council approved closing the public testimony portion of the public hearing. Discussion ensued among the Council and staff. Report was received and filed, no formal action was required.
D. ADJOURNMENT
There being no further business on the agenda, and without objection, Mayor Zaragoza adjourned the meeting at 7:07 p.m.
ROSE CHAPARRO JOHN C. ZARAGOZA
City Clerk Mayor
20 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. I.2
DATE: February 1, 2022
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Second Amendment to Huitt-Zollars, Inc. Agreement 8790-19-PW – Oxnard Boulevard Bicycle Facilities Installation.
RECOMMENDATION
That the City Council approve and authorize the Mayor to execute a Second Amendment to Agreement 8790-19-PW with Huitt-Zollars, Inc., in the amount of $43,598 for a new not to exceed agreement amount of $243,561 for the Oxnard Boulevard Bicycle Facilities Installation, PW 19-96, Project No.183101. (This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program.)
BACKGROUND
The Oxnard Boulevard Bicycle Facilities Installation project, as identified in the 2021-2026 Capital Improvement Program, will connect the north Oxnard neighborhoods of Riverpark and the Wagon Wheel Village Master Planned Community. Existing scope includes designing approximately 14,800-feet of class II bicycle lanes in both directions of Oxnard Boulevard from the US 101 to Gonzales Road, sidewalk, signing, striping, and ADA improvements.
On December 3, 2019, the City entered into Agreement 8790-19-PW with Huitt-Zollars, Inc., to provide Plans, Specifications and Estimates (PS&E) for a total of $194,976. On July 29, 2021, Amendment No. 1 in the amount of $4,987 was executed resulting in a total agreement amount of $199,963. Both of the original agreement and Amendment No. 1 were executed by the City Manager per the Purchasing Policy.
Huitt-Zollars, Inc., has completed 95% PS&E and Caltrans has issued the NEPA environmental categorical exclusion.
Project No. 183101 – Oxnard Boulevard Bicycle Facilities Installation PW 19-96 – CIP 2021-2026 – Adopted May 18, 2021 – Page 112.
DISCUSSION
The current scope includes design of pedestrian and Class II on-street bike lane improvements within the State right of way on Oxnard Boulevard at the U.S. 101 freeway on and off-ramps. During design, the team identified additional scope to improve sight visibility for pedestrians crossing the U.S. 101 southbound off-ramp (in Caltrans' right-of-way). The current off-ramp has “free-right” that allows vehicles to make the southbound turning movement onto Oxnard Boulevard without stopping. The additional proposed work will install pedestrian push buttons that, when operated, generate a red- light for the turning movement, alerting vehicles using the off-ramp to stop for pedestrians.
The additional work for Huitt-Zollars, Inc., proposes generating field topography, design of a pedestrian controlled crossing within State right of way with potential relocation of existing poles, improvements to the path of travel to 21 accommodate ADA, preparation and coordination of a Caltrans Design Standard Decision Document DSDD for any non- standard features such as bike lane striping adjacent to the off-ramp, and additional coordination to secure the Caltrans encroachment permit. The proposed work will be incorporated into the full PS&E.
If approved, Amendment No. 2 increases the agreement amount to $243,561 and therefore requires the City Council’s approval.
STRATEGIC PRIORITIES
This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.
FINANCIAL IMPACT
The cost for Agreement Amendment No. 2 with Huitt Zollars, Inc., is $43,598, in Fiscal Year 2021-22. This cost will be funded with existing appropriations from the Circulation System Improvement Fees Fund (account 354-3125-826.82-09), Project No. 183101.
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.
Prepared by: Tatiana Arnaout, City Engineer
ATTACHMENTS
1. Amendment No. 2
2. Huitt Zollars, Inc. Original Agreement - 8790-19-PW & First Amendment 22 SECOND AMENDMENT TO PROFESSIONAL SERVICE AGREEMENT (V-01-17-19)) Agreement No. 8790-19-PW
SECOND AMENDMENT TO PROFESSIONAL SERVICES
Th
is Second Amendment (“Second Amendment”) to the professional services agreement (“Agreement”) is made and entered into in the County of Ventura, State of California, this 1st day of March 2022, by and between the City of Oxnard, a municipal corporation (“City”), and Huitt-Zollars (“Consultant”). This Second Amendment amends the Agreement entered into on November 5, 2019, by City and Consultant. The Agreement previously has been amended on July 26, 2021.
C
ity and Consultant agree as follows:
1. I
n Section 14 of the Agreement the amount, “$199,963” is hereby amended to the amount $243,561.”
2. T
he reference to the, “Exhibit C-1 Compensation Rates” everywhere it is listed both on the Cover Page and in the Agreement to add also the, “Exhibit C-2 Compensation Rates.” The, “Exhibit C-2 Compensation Rates,” is attached hereto and incorporated herein by this reference.
3. A
s so amended, the Agreement remains in full force and effect. [
Signatures on next page]
23 Agreement No. 8790-19-PW
IN WITNESS WHEREOF, the parties hereto have executed the Amendment on the date first written above.
CITY OF OXNARD HUITT-ZOLLARS, INC.
John C. Zaragoza, Mayor1 Date Kevin Carter, Vice President Date Alexander Nguyen, City Manager
Daniel Willhite, Purchasing Manager
Patricia Garcia, Buyer
Jon Anthony Sosebee, PE Date
Secr
etary & Principal
ATTEST:
Rose Chaparro, City Clerk Date
(only if Mayor signs)
APPROVE
D AS TO FORM:
Stephen M. Fischer, City Date
Attorney (always required)
1 The City Council must authorize and the Mayor must sign the amendment if the original contract and all amendments collectively total over $200,000 annually. The City Manager may authorize and si gn the amendment if the original contract and all amendments co llectively total o ver $ 100,000 but up to $200, 000 a nnually. The Purchasing Manager may authorize an d sign the amendment if the original contract and all amendments collectively total up to $100,000 annua lly. A Buyer may authorize and si gn the am endment i f the original contract and all amendments collectively total up to $25,000 annually.
SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (V-01-17-19) 24 October 5, 2021
Revised 11/23/2021
Ms. Debbie O’Leary
City of Oxnard
214 S C Street
Oxnard, California 93030
Subject: Oxnard Blvd Bicycle Facilities 8790-19-PW - Design Change Order for Caltrans Pedestrian/Bicycle Traffic Signal, Island Modifications & Permitting - HZ Proposal No. P311345.01.04 - Revised
Dear Ms. O’Leary:
Huitt-Zollars Inc. is pleased to provide this fee proposal for the subject project for additional design and coordination for Caltrans permitting to divert the bicycle traffic through the pork chop island and install a pedestrian/bicycle signal for the free right ramp traffic on Oxnard Boulevard and 101 Freeway (SW quadrant). A Design Standard Decision Document (DSDD) will be required for the modifications.
The design will include generating field topography around the island and path of travel for ADA details; traffic signal design for a new pedestrian controlled crossing with potential relocation of existing poles; preparation of the DSDD, meeting/coordinating with Caltrans and the City, and modifying the existing plans to accommodate these improvements.
The deliverables will include plans (civil & traffic signal) and the DSDD. Our fee for this work will be $43,598. As previously agreed, we are tracking $23,633 for future replenishment of contract funds for construction support. The funds for Tasks 2.05, 2.10, 3.01 and 4 were temporarily reduced to $0 to fund the prior change order with the intention of refunding All Tasks at a later date.
Please see the attached detailed fee spreadsheet for the changes outlined above. In summary:
Fee for Additional Work $43,598
Prior Contract Amount $199,963
Revised Contract Amount $243,561
Please note we will need the City’s assistance to streamline the Caltrans approval process to accomplish the work within this budget. Please contact me with any questions.
Sincerely,
Huitt-Zollars, Inc.
Kevin C. Carter, PE
Vice President/Managing Principal
Contact Person
Mr. Kevin C. Carter, PE, Vice President 90 E. Thousand Oaks Boulevard, Suite 201 Thousand Oaks, California 91360 (P) 805.418.1802 ext. 11555 (E) [email protected] 25 Haslinger Taylor Carter Vlassis Rivera Gallegos JD Duenez Bustos Lenherr Hanson Princ In
Charge QA Mgr Sr Proj Mgr Sr Civil
Engr
Sr Traffic
Engr
Traffic
Engr EIT Designer Sr Proj
Support
Survey
Mgr
Sr Proj
Surveyor
Survey
Tech
Survey
Crew (2)
Total
Hours
Reimb
Expenses TOTAL FEE
$342 $265 $281 $265 $153 $112 $102 $132 $96 $256 $200 $132 $328
1.0 Caltrans Ped Signal, Island Modification & Permitting
1.01 Field Topography Survey 2 4 2 4 8 8 28 $5,962
1.02 Prepare Civil Plans 8 8 40 56 $8,344
1.03 Prepare Traffic Signal Plans 4 24 54 16 98 $12,479
1.04 Prepare Design Standard Decision Documentation (DSDD) 8 4 4 2 18 $3,416
1.05 Meetings with City Staff 8 2 10 $2,439
1.06 Meetings with Caltrans Staff 8 2 10 $50 $2,489
1.07 Submit Plans & DSDD to Caltrans 1 2 4 4 11 $50 $2,572
1.08 Revise Plans & DSDD per Caltrans Comments 1 2 4 2 8 2 8 27 $4,458
1.09 Obtain Caltrans Permit and DSDD Approval 4 2 6 $50 $1,438 TOTAL without Optional Tasks 2 4 50 0 26 66 30 58 6 2 4 8 8 264 $683 $1,058 $14,044 $0 $3,965 $7,410 $3,062 $7,656 $577 $513 $800 $1,056 $2,623 $43,448 $150 $43,598 TOTAL ESTIMATED FEE (ALL TASKS) 150$ 43,598$
Prior Increase to Contract 4,987$
Original Contract Amount 194,976$
Revised Contract Amount CO 1 199,963$
Revised Contract Amount CO 2 & Replenished Amount 243,561$ Replenish Previously Reduced Construction Support (Future) 23,633$ G:\projects\R311345.01 - Oxnard Blvd Bike Facilities 8790-19-PW\01 Contract\01.1 Proposals\RFP-SOQ Proposal\[PW 19-96 Oxnard Bl Bike Fee Estimate.xlsx]OxBl Bike Caltrans Ped Signal OXNARD BOULEVARD BICYCLE FACILITIES INSTALLATION - RFP PW19-96 - CHANGE ORDER FOR CALTRANS PED SIGNAL, ISLAND MODS & PERMITTING
STAFF HOURS BY TASK
HUITT-ZOLLARS INC.
October 5, 2021
Task
Exhibit C-2 Compensation Rates
26 27
28 29
30 31
32 33
34 35
36 37
38 39
40 41
42 43
44 45
46 47
48 49
50 51
52 53
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64 65
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. I.3
DATE: February 1, 2022
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Agreement A-8427 to GSE Construction Company, Inc. for the Blending Station 4 Pipe Island Improvement Project, Specification No. PW 21-77.
RECOMMENDATION
That the City Council approve and authorize the following for a total of $370,375 in Project funds for the Blending Station 4 Pipe Island Improvement Project, Specification No. PW 21-77 (Project No. 226505):
1. The Mayor to execute Agreement A-8427 with GSE Construction Company, Inc. in the amount of $296,300 for the Project;
2. A Project contingency amount of $44,445; and
3. A Project allocation of $29,630 for engineering, inspection, and project management. (This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program.)
BACKGROUND
Constructed in 1992, the City’s Blending Station 4 provides potable water to the City of Oxnard by blending groundwater and imported water supplied by United Water Conservation District and Calleguas Municipal Water District, respectively. The Station was originally designed as a blending and booster pump station, however, a change in operational parameters removed the need for the booster pumps. Although there has been general maintenance and coating of the mechanical equipment, the pipework and appurtenances have reached the end of their useful life.
The Project scope consists of demolition of existing pipework, pumps, and associated electrical components, and the installation of new pipework, valves, flow meter, and instrumentation.
Capital Improvement Project (CIP) Reference
Project No. 226505 – Blending Station 4 Pipe Island Improvement Project PW 21-77 - CIP 2021-2026 - Adopted June 16, 2020 – Page 178.
DISCUSSION
The Blending Station 4 Pipe Island Improvement Project was identified and prioritized as part of the City’s Capital Improvement Program due to the equipment reaching the end of it’s useful life and pinhole leaks. The Project is a proactive approach to asset replacement and ensures reliable operation of the Blending Station. An existing bypass allows the Water Division to continue regular service for the duration of construction.
The specific work for the Project includes furnishing all necessary labor, materials, equipment and other incidental and appurtenant Work to complete the Project in accordance with the plans, specifications, and Contract Documents.
The Project has a construction duration of 25 working days, not including the lead-time for equipment procurement and delivery.
66 The notice inviting formal bids (NIFB) on the Project was published on December 2, 2021, and all bids were due and opened on December 20, 2021. The City received the following bids:
GSE Construction Company, Inc $296,300
Cora Constructors, Inc. $313,850
J.R. Filanc Construction Company, Inc. $344,500
Union Engineering Company, Inc. $374,460
Spiess Construction Company, Inc. $388,500
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.
Procurement staff verified possession of required currently valid licenses, reviewed the federal Occupational Safety and Health Administration (OSHA) website for safety violations, and verified registration with the California Department of Industrial Relations (DIR). Based upon the available information and research performed to date, staff believe 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.
Additional funds estimated in the amount of $74,075 are needed for the project which includes $44,445 for project contingency (15% of the contract costs) and $29,630 for the cost for engineering services and City staff (10% of the contract cost) to perform the following activities during construction: engineering, inspection, survey and project management bringing the total estimated cost of the project to $370,375. The 15% project contingency has been requested to cover unforeseen conditions including extent of concrete demolition, concrete restoration, and condition of buried pipework.
STRATEGIC PRIORITIES
This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.
FINANCIAL IMPACT
The total cost for the Blending Station 4 Pipe Island Improvement Project No. 226505 shall not exceed $370,375 which includes Agreement A-8427 with GSE Construction Company, Inc., contingency and project allocation. The Blending Station Upgrades Project No. 226505 has an available project budget balance of $680,000 from the Water Operating Fund (601).
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.
Prepared by: Tatiana Arnaout, City Engineer
ATTACHMENTS
1. Agreement A-8427
67 68
69 70
71 72
73 74
75 76
77 78
79 80
81 82
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. I.4
DATE: February 1, 2022
TO: City Council
FROM: Jason Benites, Police Chief, (805) 385-7624, [email protected]
SUBJECT: Tobacco Grant Program Award FY 2021-2025
RECOMMENDATION
That City Council adopt a resolution:
1. Authorizing the City Manager a prior execution and submission of an application for the U.S. Department of Justice (DOJ) grant funds in the amount of $410,944.00 from the Tobacco Grant Program FY 2021-2025.
2. Authorizing the City Manager to execute a Memorandum of Understanding (MOU) with the California Department of Justice (DOJ) to receive and expend grant funds, and designating the City of Oxnard as the fiscal agent for the Tobacco Grant Program;
3. Authorizing the City Manager or designee to execute grant agreements and appropriate funds upon notification of grant award;
4. Authorizing the Chief Financial Officer or designee to submit financial reports and grant claims, and approve administrative budget appropriation for the use of Tobacco Grant funds upon award; and
5. Authorizing the Chief of Police or designee to submit program-related progress or status reports.
BACKGROUND
The California Healthcare, Research and Prevention Tax Act of 2016 (Proposition 56) provides local public agencies with funding to promote a healthier California by reducing illegal sales and marketing of cigarettes and tobacco products to minors. The Office of the Attorney General makes these annual funds available to local law enforcement agencies through DOJ’s Tobacco Grant Program.
Approved by voters in 2016, Proposition 56 increased taxes on cigarettes and other tobacco products by $2.00 effective as of April 2017. The initiative specifically allocates $30 million of annual revenue to the California Department of Justice. These funds support local law enforcement efforts to reduce the illegal sale of tobacco products to minors.
The grant funds up to a three-year cycle. The City of Oxnard is eligible to receive an award of $410,944.00. Matching funds are not required.
Funds from this grant can be used to enforce state and local laws related to the illegal sale and marketing of tobacco products to minors and youth including: retailer compliance checks, retailer training programs, installation of signage, youth outreach, tobacco retail license inspections, preventing and deterring use of tobacco products on school premises.
The application deadline for the tobacco grant program was on April 14, 2021. Staff is requesting that the City Council affirm their authorization of the grant submittal.
STRATEGIC PRIORITIES
83 This agenda item supports the Quality of Life strategy. The purpose of the Quality of Life strategy is to build relationships and create opportunities within the community for safe and vibrant neighborhoods, which will showcase the promising future of Oxnard. This item supports the following goals and objectives:
● Educate and engage students, parents, and young adults on tobacco use; including its dangers and health risks. ● Reduce secondhand smoke and exposure in public areas by education and enforcement in non-smoking areas. ● Collaborate with businesses and outside agencies to address tobacco use and sales compliance in the City of Oxnard. ● Conduct inspections to ensure tobacco retail establishments have appropriate state & local licenses and are in compliance with state and local laws.
FINANCIAL IMPACT
This is a three-year cycle grant fund for fiscal years 2022-2025 with an annual funding amount as follows:
Category of Expenditure
Budget
FY 2021-2022
Budget
FY 2022-2023
Budget
FY 2023-2024
Budget
FY 2024-2025
Personnel Costs $116,375 $116,375 $116,375 $0
Operating Expenses and Equipment $15,750 $15,750 $10,750 $0 Administrative Costs (Not to Exceed 5%)$6,606 $6,606 $6,357 $0 The time limit for reimbursements against this award ends on June 30, 2025. Approval of this recommendation will have no effect on the General Fund Operating Reserve. This grant does not require any matching contribution. The funding will serve to supplement public safety and will not supplant existing effort.
COMMITTEE OUTCOME
This item did not originate in Committee.
Prepared by: Luis McArthur, Police Commander
ATTACHMENTS
1. Tobacco Grant Resolution FY 21-25
2. MOU Oxnard PD
84 CITY COUNCIL OF THE CITY OF OXNARD
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OXNARD APPROVING
SUBMITTAL OF A PREVIOUSLY SUBMITTED GRANT APPLICATION AND
APPROVING THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING
DESIGNATING THE CITY OF OXNARD AS THE LEAD AGENCY AND FISCAL
AGENT FOR GRANT FUNDS
WHEREAS, City Council Resolution No. 12,053 sets out the procedure by which City staff may submit grant applications, following approval by resolution of the City Council; and WHEREAS, U.S. Department of Justice (“DOJ”) grant funds in the amount of $410,944 from the DOJ Tobacco Grant Program FY 2021-2025; and
WHEREAS, an application for the Tobacco Grant must be submitted by Oxnard Police Department within the County of Ventura; and
WHEREAS, the Police Department submitted the grant application on or before April 14, 2021; and
WHEREAS, the Police Department has requested the City Council approve the awarded grant by the U.S. Department of Justice for $410,944.
NOW, THEREFORE, the City Council of the City of Oxnard resolves:
1. The City Manager is authorized to execute and submit a grant application for the U.S.
Department of Justice (“DOJ”) Tobacco Grant Program.
2. The City Manager is authorized to execute a Memorandum of Understanding with the DOJ to receive and expend Tobacco Grant Program funds.
3. The City Manager or designee is authorized to execute grant agreements.
4. The Chief Financial Officer or designee is authorized to submit financial reports and grant claims and approve administrative budget adjustments for the use of the grant funds. ///
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85 5. The Chief of Police or designee is authorized to submit all program related progress or status reports.
PASSED AND ADOPTED THIS ___ day of __________, 20__, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
John Zaragoza, Mayor
ATTEST:
Rose Chaparro, City Clerk
APPROVED AS TO FORM:
Stephen M. Fischer, City Attorney
86 DOJ-PROP56-2021-22-1-048
MEMORANDUM OF UNDERSTANDING
PURPOSE
This Memorandum of Understanding (MOU) is entered into by the Department of Justice (hereinafter, “Department”) and the Oxnard Police Department (hereinafter, “Grantee”), to provide grant funds to Grantee for expenditure in compliance with the Grantee Handbook. The Grantee will expend funds for the purposes identified in the approved Summary of Award document to be funded under the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 (the “Act”), approved by the voters as Proposition 56.
The Request for Proposals, Grantee Handbook (dated March 2021), and Summary of Award document are hereby incorporated by reference into this MOU.
COST REIMBURSEMENT
The Department agrees to reimburse Grantee in arrears, for Grantee’s actual expenditures in performing the project or scope of work included in the approved Summary of Award document, upon receipt of invoices from Grantee and approval of the invoices by the Department, in accordance with the reimbursement procedures set forth in the Grantee Handbook.
BUDGET CONTINGENCY CLAUSE
It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under the agreement does not appropriate sufficient funds for this MOU, this MOU shall be of no further force and effect.
In this event, the Department shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this MOU and Grantee shall not be obligated to continue performing any provisions of this agreement for which it would have been reimbursed.
If funding for any fiscal year is reduced or deleted in the Budget Act for purposes of this MOU, the Department shall have the option to either cancel this MOU with no liability occurring to the Department, or offer an addendum to the Grantee to reflect the reduced amount.
ADMINISTRATION
Should Grantee fail to comply with this MOU, including any expenditures for purposes not permitted under the MOU, the Department may take one or more of the actions described under Noncompliance in the Grantee Handbook.
MISCELLANEOUS PROVISIONS
Addendum – No addendum or variation of the terms of this MOU is valid unless made in writing, and signed by the duly authorized representatives of the parties.
Assignment – This MOU is not assignable by Grantee in whole or in part.
Indemnification – Grantee agrees to indemnify and hold harmless the Department, its officers, agents and employees from all claims, liabilities, or losses in connection with the performance of this MOU.
Termination – The Department may terminate this MOU and be relieved of any obligation to provide grant funds to Grantee should Grantee fail to perform the scope of work at the time and in the manner provided in this MOU.
87 DOJ-PROP56-2021-22-1-048
MS
Grant Duration: 12/1/2021 – 6/30/2025
Award Amount
Category of Expenditure Budget
FY 2021-2022
Budget
FY 2022-2023
Budget
FY 2023-2024
Budget
FY 2024-2025
Personnel Costs $116,375 $116,375 $116,375 $0
Operating Expenses and Equipment $15,750 $15,750 $10,750 $0 Administrative Costs (Not to Exceed 5%) $6,606 $6,606 $6,357 $0 TOTAL AWARD AMOUNT $410,944
The time limit for reimbursements against this award ends 6/30/2025. Requests received after 7/15/2025 cannot be reimbursed by the Department.
GRANTEE CONTACT INFORMATION
Luis McArthur, Commander
Oxnard Police Department / Patrol
251 South C Street, Oxnard, CA 93030
(805) 385-7600
[email protected]
Hannah Estrada, Sergeant
Oxnard Police Department / Patrol
251 South C Street, Oxnard, CA 93030
(805) 391-4598
[email protected]
Maria Peña, Senior Officer
Oxnard Police Department / NPT
251 South C Street, Oxnard, CA 93030
(805) 857-8132
[email protected]
AUTHORIZATION
The Department and Grantee, by their duly authorized officials, have executed this MOU on the respective dates indicated below. This MOU and any future addendums shall be mailed to the Division of Operations, Local Assistance Unit, Tobacco Grant Program, and will become fully executed upon completion of signatures from all parties.
___________________________________ ___________________ ALEXANDER NGUYENDate
City Manager
City of Oxnard
___________________________________ ___________________ STEPHEN M. FISCHERDate
City Attorney
City of Oxnard
88 DOJ-PROP56-2021-22-1-048
___________________________________ ___________________ STACY HEINSEN, GRANT MGR.Date
Division of Operations
California Department of Justice
__________________________________ ___________________
CHRIS RYAN, CHIEFDate
Division of Operations
California Department of Justice
89 CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. I.5
DATE: February 1, 2022
TO: City Council
FROM: Emilio Ramirez, Housing Director, (805) 385-8094, [email protected]
SUBJECT: Mobile Home Park Rent Stabilization System Annual Activity Report for 2021.
RECOMMENDATION
That the City Council receive and file the 2021 Annual Activity Report for the Mobile Home Park Rent Stabilization System, as adopted by the Mobile Home Park Rent Review Board.
BACKGROUND
The Mobile Home Park Rent Review is a quasi-judicial body established pursuant to Chapter 24-5 of the City Code. Pursuant to Chapter 24-6 of the Code, the Board is required to submit an annual report of the Rent Stabilization System’s activities to the City Council.
At its meeting of December 13, 2021, the Board adopted the attached Annual Activity Report for 2021, and authorized and directed Board Chairman Felipe Flores to execute and transmit it to the City Council. In summary, the report includes the following highlights:
1. The maximum space rent increase is based on the change in the consumer price index (CPI) within the twelve- month period from August to August. The maximum permissible increase was 2.02 percent.
2. There are twenty mobile home parks in Oxnard, ranging in size from thirty-nine spaces to 259 spaces. Eighteen of the parks applied for a 2.02% CPI space rent increase that took effect in calendar year 2021.
3. One home owner filed a protest in 2021 challenging the respective rent increases alleging service level reductions. However, the Hearing Officer ruled that the homeowner had not met their burden of proof, thus the CPI rent increase was approved.
STRATEGIC PRIORITIES
The Mobile Home Rent Stabilization Ordinance was adopted as part of the City Code in 1982 and last amended in 1998. It does not fall squarely into any of the five priorities that Council adopted for FY 2021-2025.
FINANCIAL IMPACT
There is no financial impact.
COMMITTEE OUTCOME
This item did not originate in Committee.
90 Prepared by: Karl Lawson, Compliance Services Manager
ATTACHMENTS
1. Annual Activity Report for 2021
2. 2021 Mobile Home Rent Review Board Annual Report Presentation 91 92
93 94
95 Mobile Home Park Rent
Stabilization Program
Presentation to City Council
February 2022
96 Oxnard’s Mobilehome
Community
20 Mobilehome Parks
2816 Total Spaces (nearly all owner-
occupied)
10,000 – 11,000 Total Residents
(about 5% of Oxnard’s total
population)
91% of Oxnard’s mobilehome owners
are protected by Oxnard’s Rent
Stabilization Ordinance
97 Rent Stabilization in Oxnard
First adopted in 1983
Ordinance amended four times
Current ordinance resulted from a
negotiated agreement between park
owners and elected representatives of
homeowners (1998 Task Force)
98 What is “Rent Stabilization”?
Rent Stabilization is not:
a government subsidy for low-income
persons or senior citizens
Rent Stabilization is: a system of
administrative law which balances the
rights of two sets of property owners:
park owners and homeowners who
rent space in the parks.
99 What is “Rent Stabilization”?
Rent Stabilization is:
A system of administrative law adopted
by the City Council
Rent Stabilization is:
government regulation of the price that
a business may charge for a product
(i.e., increases in space rent)
100
Mobile Home Rent Stabilization is…
High impact: of all programs
administered by the Housing
Department and the Oxnard Housing
Authority, more families – over 2900
households – are covered by the mobile
home rent stabilization program than
the number who reside in public
housing, or who receive rental
assistance, or who live in units with
affordability restrictions.
101
What is “Rent Stabilization”?
A key element in preserving the
affordability of housing for
approximately 5% to 6% of
families in the City of Oxnard.
Those households constitute
10% of all homeowners in
Oxnard.
102
ANNUAL REPORT OUTLINE:
1. Formula for Calculating the Annual
CPI Formula Rent Increase Amount
2. Summary of Calendar Year 2021 CPI
Applications
3. Hearing on Homeowner Protest of
CPI Rent Increases; COVID impact
4. Utility Passthrough Applications
103
Calculation of CPI Increase
Inflation rate for Southern California from
August to August determines permissible
CPI rent increase for following calendar
year
From August 2020 to August 2021, the
Southern California CPI increased by
4.00%
The permissible CPI increase for calendar
year 2022 will be 4.0%.
104
C.P.I. Rent Increase
Applications
Permissible amount is the same for every park in
any given year (4.0% in 2022)
For 2021, permissible increase was 2.02%
2020: 2.97%
2019: 3.87%
2018: 2.82%
Previous years: From 2009 to 2017, the
permissible space rent increases ranged from no
increase at all (in 2010) up to 2.41%
Homeowners may protest a park’s C.P.I. Rent
increase.
105
Rent Increase Applications 2021
Each of the 20 mobile home parks
has an established eligibility date for
its annual CPI rent increase; 18 parks
have eligibility dates which fall in the
first six months of the calendar year
Applications must be filed at least 60
days before rent increase date
Eighteen of the twenty parks in the
City applied for 2021 rent increases
106
Challenging CPI Rent Increases
Sole legal basis for homeowners to
challenge a CPI rent increase is by
proving in an evidentiary hearing
that the park has reduced services
provided and has saved money by
reducing those services
In 2021, one protest was filed due
to COVID-related closure of park
facilities
107
2021 CPI Protest Hearing
Homeowners in Imperial Oxnard
Mobile Estates challenged protest
based on park closures of common-
area facilities
Hearing Officer agreed that park had
reduced services but found that home
owners had not provided evidence of
monetary savings due to closures
Result: no reduction of rent increase
108
UTILITY
PASSTHROUGHS
109
Pass-throughs
Park owners may “pass through” to
homeowners the cost of utilities,
following application to the City and a
hearing to determine required rent
reduction and future utility cost
allocation system
Oxnard’s ordinance does not contain
provision for passthroughs of Capital
Improvement costs
110
Utility Passthrough Hearings
A park which currently pays for
utilities from rents collected may apply
for “pass through” to have utility costs
directly paid by each homeowner
Application review requires detailed
financial analysis of past utility
consumption, an evidentiary hearing
to determine space rent reduction,
and development of a formula for
apportionment of future utility costs
111
More on Utility Passthroughs
Hearing Officer must determine what
percent of utility consumption is for
park’s common areas (to be paid by
park) and what percent is distributed
among all homeowners in the park
Also must decide how to apportion
utility costs among homeowners (who
may or may not have individual sub-
meters to measure their consumption)
112
Water Passthroughs: A Forecast
State law requires all parks to
implement, by 2025, a system
whereby individual homeowners
pay for their own consumption
Any parks which have not already
installed sub-meters installed will
need to do so. Several
passthrough applications must be
processed in next 3 years
113
QUESTIONS?
114
(End of 2021 Annual
Report)
115
RESOURCES
City of Oxnard
Mobilehome Rent
Stabilization Ordinance
(Oxnard City Code, Chapter 24)
116
More Resources…
State of California
Mobilehome Residency Law
California Civil Code
Chapter 798
117
Thank you!
Rent Stabilization Program
805-385-8095
Karl Lawson
[email protected]
118
CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. I.6
DATE: February 1, 2022
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Agreements for On-Call Professional Engineering Services.
RECOMMENDATION
That the City Council approve and authorize the Mayor to execute the following on-call professional engineering agreements:
1. Agreement A-8409 with Encompass Consultant Group in the amount not to exceed $1,000,000 for a three year term;
2. Agreement A-8405 with MNS Engineers, Inc. in the amount not to exceed $1,000,000 for a three year term;
3. Agreement A-8392 with Kimley-Horn & Associates in the amount not to exceed $1,000,000 for a three year term;
4. Agreement A-8391 with Fehr & Peers in the amount not to exceed $1,000,000 for a three year term;
5. Agreement A-8393 with GHD, Inc. in the amount not to exceed $1,500,000 for a three year term;
6. Agreement A-8394 with Iteris, Inc. in the amount not to exceed $1,000,000 for a three year term;
7. Agreement A-8411 with Kennedy/Jenks Consultants, Inc. in the amount not to exceed $750,000 for a three year term;
8. Agreement A-8412 with Rincon Consultants, Inc. in the amount not to exceed $500,000 for a three year term;
9. Agreement A-8413 with Carollo Engineers, Inc. in the amount not to exceed $750,000 for a three year term;
10. Agreement A-8414 with Environmental Science Associates in the amount not to exceed $500,000 for a three year term;
11. Agreement A-8383 with Leighton Consulting, Inc. in the amount not to exceed $750,000 for a three year term;
12. Agreement A-8388 with RRM Design Group in the amount not to exceed $1,000,000 for a three year term; and
13. Agreement A-8418 with m6 Consulting Inc. in the amount not to exceed $500,000 for a three year term. (Public Works and Transportation Committee approved 3-0)
BACKGROUND
On June 30, 2021, the Public Works Department sent out a Request For Qualifications (RFQ) for multi-year on-call professional engineering services. The RFQ solicited proposals for various professional on-call engineering services that include: Roadway & Structures Engineering, Traffic Engineering, Utility Engineering, Environmental Services, Real Property Services, Surveying, Geotechnical Engineering, Material & Laboratory Testing, Drainage, Hydrology, & Hydraulic Engineering, Landscape Architecture & Park Design, Architectural & Engineering Design, Labor Compliance, and Development Plan Check. These services are required due to the specialized nature of various projects as well as the need to complete the projects within the Capital Improvement Program (CIP) in a timely manner. A panel that consisted of several City staff members across multiple Departments selected 33 firms that best met the City’s criteria from the RFQ, consistent with the City’s municipal code. Additional agreements will be brought forward to Committee and Council once agreements are completed by staff.
DISCUSSION
The Public Works Department will be bringing forward various agreements to establish On-Call Professional 119
Engineering Services with successful consultants or firms to provide professional and technical expertise once agreements are prepared. These agreements are necessary due to the volume and nature of work within the Public Works Engineering and Transportation & Mobility Divisions and will continue to support the departmental needs for various projects. Additionally, having pre-approved on-call agreements for professional services can reduce the amount of time necessary to complete certain types of smaller CIP projects. The scope of work under these agreements are as follows:
No. Consultant Term Amount Scope of Services
1 Encompass Consultant Group 3
Year $1,000,000 Roadway & Structures Engineering
Surveying
Drainage, Hydrology, Hydraulic
Engineering
Development Plan Check
2 MNS Engineers, Inc. 3
Year
$1,000,000 Roadway & Structures Engineering
Utility Engineering
3 Kimley-Horn & Associates 3
Year
$1,000,000 Roadway & Structures Engineering
Traffic Engineering
4 Fehr & Peers 3
Year
$1,000,000 Traffic Engineering
5 GHD, Inc. 3
Year
$1,500,000 Traffic Engineering
Utility Engineering
6 Iteris, Inc. 3
Year
$1,000,000 Traffic Engineering
7 Kennedy/Jenks Consultants, Inc. 3
Year
$750,000 Utility Engineering
8 Rincon Consultants, Inc. 3
Year
$500,000 Environmental Services
9 Carollo Engineers, Inc. 3
Year
$750,000 Utility Engineering
10 Environmental Science
Associates 3
Year
$500,000 Environmental Services
11 Leighton Consulting, Inc. 3
Year
$750,000 Geotechnical Engineering
Material & Laboratory Testing
12 RRM Design Group 3
Year
$1,000,000 Landscape Architecture & Park Design
Architectural & Engineering Design
13 m6 Consulting Inc. 3
Year
$500,000 Development Plan Check
Professional services under this agreement will be composed of task orders for each individual project assigned by the 120
City and under the supervision of a Project Manager. The task order proposal will identify a concise description of the scope of work to be performed by the consultant, the method by which the consultant plans on completing the work, and a schedule for completion of the work. It is the consultant's responsibility to determine the best and most cost-effective method to complete the work so that the assigned task order can be completed to the satisfaction of the City of Oxnard.
Projects with special requirements (i.e. federally funded) will be publicly bid separately when required.
STRATEGIC PRIORITIES
This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on March 16, 2021.
FINANCIAL IMPACT
The total amount of each agreement shall not exceed the amounts noted above over the term of three years. Funding will be charged to a given project or funding source dependent upon the services performed by task orders. The respective Department/Project Manager will ensure sufficient funding is available in the approved operating budget or CIP project budget for related tasks prior to initiating task order or services performed.
COMMITTEE OUTCOME
The Public Works and Transportation Committee approved 3-0 on January 11, 2022 to approve the staff recommendation and to forward the item for Council approval.
Prepared by: Tatiana Arnaout, City Engineer
ATTACHMENTS
1. A-8409 Encompass Consultant Group
2. A-8405 MNS Engineers
3. A-8392 Kimley Horn & Assoc
4. A-8391 Fehr & Peers
5. A-8393 GHD
6. A-8394 Iteris
7. A-8411 Kennedy Jenks
8. A-8412 Rincon Consultants
9. A-8413 Carollo
10. A-8414 ESA
11. A-8383 Leighton Consulting Inc.
12. A-8388 RRM Design Group
13. A-8418 M6 Consulting Inc.
121
Agreement No. A-8409
AGREEMENT FOR PROFESSIONAL SERVICES
COVER PAGE
(1) Agreement Start Date: February 1, 2022
(2) Consultant: Encompass Consultant Group, Inc.
(3) Services: On-call Engineering Services.
(4) Schedule of Services: The services must be comp leted within three (3) calendar years of the Agreement Start Date listed above
(5) Agreement Ending Date: February 1, 2025
(6) Total Agreement Amount: $1,000,000
(7) City’s Project Manager: Tatiana Arnaout, P.E., City Engineer (8) Consultant’s Project Manager: Sal Contreras, P. E., Principal Engineer (9) Insurance Coverage: INS-A
(10) Addresses for Notice:
FOR CONSULTANT: FOR CITY:
Encompass Consultant Group, Inc. City of Oxnard
333 N. Lantana Street, Suite 287 305 West Third Street, East Wing, Second Floor Camarillo, CA Oxnard, California 93030
Attn: Sal Contreras, P.E., Principal Engineer At tn: Tatiana Arnaout, P.E., City Engineer (11) Contact Emails:
CONSULTANT’S PROJECT CITY’S PROJECT MANAGER:
MANAGER:
[email protected] [email protected]
The Agreement for Professional Services is attached hereto and incorporated herein by this reference. The following exhibits are also attached hereto and incorporated herein by this reference into the Agreement:
☒ Scope of Services Exhibit
☒ Rates and Costs Exhibit
☒ Insurance Exhibit (INS-A)
☒ Iran Contracting Act Certification
☒ Prevailing Wage Exhibit
122
Agreement No. A-8409
AGREEMENT FOR PROFESSIONAL SERVICES (V-07/26/18)
AGREEMENT FOR PROFESSIONAL SERVICES
THIS
AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is entered into in Ventura C ounty, California, on the date that is written as “(1) Agr eement Start Date” on the Cover Page, which is atta ched hereto and incorporated herein by this reference. This Agreement is entered by and between the City of Oxnard (“C ity”) and the person or entity listed as “(2) Consultant” on the Cover Page, subject to the following terms and cond itions:
1. Scope of Services. Consultant shall provide to City the services listed as “(3) Services” on the Cover Page (the “Services”). Consultant shall provide the Services during the term of this Agreement, as set forth below, according to the schedule written as “(4) Schedule of Services” on the Cover Page, and as further expl ained in the Scope of Services Exhibit, which is attached hereto and incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and an y incorporated document(s), the terms of this Agree ment shall control.
2. Standard of Performance. Consultant shall undertake and complete the Services to conclusion using the standard of care, skill and diligence normally prov ided by a professional person in the performance of similar consulting services.
3. Correction of Errors. Consultant shall correct, at its expense, all errors which may be disclosed duri ng review of the Services. Should Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by City, and the cost thereof shall be paid by Consultant.
4. Term. This Agreement shall begin on the date that is written as “(1) Agreement Start Date” on the Cover Page and shall end on the date that is written as “ (5) Agreement Ending Date” on the Cover Page. Time is of the essence in this Agreement.
5. Compensation. For the Services performed during the term of this Agreement, City shall pay Consultant an amount not to exceed the amount that is listed a s “(6) Total Agreement Amount” on the Cover Page, a t the rates listed in Rates and Costs Exhibit, attached hereto and incorporated herein by this reference. The rat es in Rates and Costs Exhibit shall be in effect through the end of this Agreement. Except as otherwise expressly pro vided in this Agreement, City shall not be responsible for expenses incurred by Consultant in performing the Services.
6. Invoices. Consultant shall submit a payment request to City by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month. Each invoice must also list the current balance on the Agreement, including that in voice, as well as the months remaining on the term of the Agreement. Invoices may be emailed to: pwinvoices@o xnard.org.
7. Acceptance of Payment. Consultant’s acceptance of f inal payment made pursuant to this Agreement shall constitute a release of City from all claims and liabilities for compensation to Consultant for anything completed, finished or relating to the Services. City’s paymen t shall not constitute nor be deemed a release of t he responsibility and liability of Consultant for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be a n assumption of responsibility or liability by City for any defect or error in the Services performed by Consultant an d its employees, agents and subcontractors. Consul tant shall provide City with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the S ervices performed by Consultant or materials or pro ducts provided to City by Consultant, Consultant shall pay the sal es tax. City shall not reimburse Consultant for sa les taxes paid by Consultant.
8. Non-Appropriation of Funds. Payments to be made to Consultant by City for the Services performed within the current fiscal year are within the curre nt fiscal budget and within an available, unexhaust ed and unencumbered appropriation of City. In the event C ity does not appropriate sufficient funds for payme nt of the Services beyond the current fiscal year, this Agreement shall cover payment for the Services only up to the conclusion of the last fiscal year in which City appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.
123
Agreement No. A-8409
AGREEMENT
FOR PROFESSIONAL SERVICES (V-01/29/21)
9. Coordination of Services. The Services shall be coordinated with the person in the position listed in “(7) City’s Project Manager” on the Cover Page, subject to the direction of the City Manager and Department Director.
Consultant hereby designates the person in the posi tion listed in “(8) Consultant’s Project Manager” o n the Cover Page as the person responsible for the Services who shall coordinate with City’s Project Manager in ma king binding decisions in line with this Agreement on behalf of Consultant.
10. Personnel. Consultant represents that it has, or shall secure at its own expense, all personnel requir ed to perform the Services. Any person who performs engin eering services pursuant to this Agreement shall be licensed as a Civil Engineer by the State of California and in good standing. Consultant shall make reasonable efforts to maintain the continuity of Consultant’s staff who are assigned to perform the Services. Consultant may associate with or employ associates or subcontractors in the performance of the Services, but at all times shall Vendor be resp onsible for its associates and subcontractors’ labor, advice or mat erials provided in furtherance of providing the Ser vices. Should any of Consultant’s employees, assigns or subcontractors not conduct him- or herself appropriately, as determined by the City’s Project Manager, in the process of providing the Services or any portion thereof, the City’s Project Manager may notify the Consultant’s Project Manager, who sh all immediately handle the problem, as determined a ppropriate by him or her, such that the problem does not persist.
11. Additional Work. City may request additional specified work under this Agreement. The City’s Project Manager must authorize all such work in writing bef ore commencement. Consultant shall perform such wo rk, and City shall pay for such additional work, in accorda nce with Rates and Costs Exhibit. Should the work n ot fall under any such listed rate or cost, Consultant shall submit a quote for all additional work, which the City’s Project Manager must approve in writing by before any such work may commence. The City shall compensate Consultant for any work that does not fall under a rate or cost listed in the Rates and Costs Exhibit, and for which Consultant did not obtain the City’s Project Manager’s written approval before wo rk commenced, as determined by the City’s Project M anager in his or her sole discretion.
12. Audit. City shall have the option of inspecting, auditing and/or reproducing all records and other written materials used by Consultant in preparing its billi ngs to City as a condition precedent to any payment to Consultant.
Consultant will promptly furnish all documents requ ested by City. Additionally, if this Agreement is i n excess of $10,000, the State Auditor may examine and audit Co nsultant for a period of 3 years after final paymen t under the Agreement. Regardless of whether a State audit is p ermitted, Consultant shall maintain and preserve al l such records for a period of at least 3 years after final payment under the Agreement. Consultant shall include a copy of this Section 12 in all contracts with its subcontractors, and Consultant shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or City.
13. Termination. City may terminate this Agreement at any time, with or without cause and without penalty, upon 15 days prior written notice. Such termination shall be effective on the date specified in the notice, or if no date is specified, then 10 calendar days from the date o f delivery or mailing of such notice. Consultant ma y terminate this Agreement at any time, with or without cause and without penalty, upon 30 days prior written notice. Such termination shall be effective on the date specified in the not ice, or if no date is specified, then 10 calendar d ays from the date of delivery or mailing of such notice and only if all assignments accepted by Consultant have been completed before the date of termination. In the event of termination of this Agreement by either party due to no fault or failure of performance by Consultant, City shall pay Consultan t compensation for all Services satisfactorily comp leted in accordance with all of the terms and provisions of this Agreement, as determined by the City, before the effective date of termination; provided, in no event shall the Con sultant receive an amount exceeding that which woul d have been paid to Consultant for the full performance of the Services.
14. Hold Harmless, Defense and Indemnity.
If Consultant provides any architectural, landscap e architectural, engineering or land surveying (“de sign professional”) services, to the maximum extent perm itted by law, Consultant shall hold harmless, defen d, and indemnify City, its legislative and advisory bodies, and the City’s officials, directors, officers, employees, and agents (collectively, “Indemnitees”) from and against any and all claims, demands, causes of action, damages, injuries, liabilities, losses, penalties, fines, judgments, c osts or expenses, including reimbursement of attorn eys’ fees, court costs and costs of alternative dispute resolution, including but not limited to those relating to deat h or injury to any 124
Agreement No. A-8409
AGREEMENT
FOR PROFESSIONAL SERVICES (V-01/29/21)
person and injury to any property (collectively, “C laims”), to the extent that the Claims arise out of , pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or of any of its officers, employees, subcontractors or agents in the performance of the Agreement or in the failure to comply with any of t he obligations contained in this Agreement. Consultant’s obligation to defend is a separate and distinct obligation from Consultant’s duty to indemnify and applies through final judgmen t, including exhaustion of any appeals. Consultant shall be obligated to defend Indemnitees in all legal, equit able, administrative, or special proceedings, with counsel approved by the City Attorney, to the extent required herein immediately upon tender to Consultant of the Claim in any form or at any stage of an action or proceeding. The defense obligation includes the obligation to provide independent defense counsel if Consultant asserts that the liability is caused in whole or in part by the negligence or wi llful misconduct of any of the Indemnitees.
If Consultant provides no design professional services, to the maximum extent permitted by law, Consultant shall hold harmless, defend and indemnify the Indemnitees from and against any and all Claims, which arise out of , pertain to, or relate to the performance of this Agreement, or the failure to comply with any of the obligations c ontained in this Agreement, by Consultant or of any of its officials , directors, officers, employees, subcontractors, o r agents.
Consultant’s obligation to defend is a separate and distinct obligation from Consultant’s duty to indemnify and applies through final judgment, including exhaustion of any appeals. Consultant shall be obligated to defend I ndemnitees in all legal, equitable, administrative, or special pr oceedings, with counsel approved by the City Attorn ey, immediately upon tender to Consultant of the Claim in any form or at any stage of an action or proceeding. The defense obligation includes the obligation to provide independent defe nse counsel if Consultant asserts that the liabilit y is caused in whole or in part by the negligence or willful misconduct of any of the Indemnitees.
a. The review, acceptance or approval of Consultant’s work or work product by any of the Indemnitees shall not affect, relieve or reduce Con sultant’s indemnification or defense obligations. This Section 14 shall survive completion of the Services or termination of this Agreement. The provisions of this Section 14 shall not be restricted by and does not affect the provisions of this Agreement relating to insurance.
15. Insurance. Consultant shall obtain and maintain dur ing the performance of any services under this Agreement the insurance coverages listed within the insurance document stated in “(9) Insurance Covera ge” on the Cover Page and in the Insurance Exhibit, which is a ttached hereto and incorporated herein by this refe rence, unless the City’s Risk Manager waives, in writing, the req uirement that Consultant obtain and maintain such i nsurance coverages. Consultant shall, before performance of any Services, file with the City’s Risk Manager evi dence of insurance coverage as specified in “(9) Insurance C overage” on the Cover Page and in the Insurance Exh ibit.
Maintenance of insurance coverages by Consultant is a material element of this Agreement. Consultant’s failure to maintain or renew insurance coverages or to provide renewal evidence, and any lapse in insurance cover age, may be considered a material breach of this Agreement.
16. Documents and Materials.
a. All final computations, exhibits, files, plans, cor respondence, reports, drawings, designs, data, photographs, specifications, information, images, v ideo files, media, or other deliverables prepared, created, drawn, calculated, photographed or developed by Consultant pursuant to this Agreement (“Documents and Materia ls”) shall be the City’s property without restriction or limitation upon its use, duplication or dissemination. A ll Documents and Materials shall be considered “works made for hire, ” and all Documents and Materials and any and all i ntellectual property rights arising from their creation, includ ing, but not limited to, all copyrights and other p roprietary rights, shall be and remain the property of the City withou t restriction or limitation upon their use, duplica tion or dissemination by the City. Consultant shall not obtain or attempt to obtain copyright protection as to any Documents and Materials. Consultant hereby assigns to the Ci ty all ownership and any and all intellectual prope rty rights to the Documents and Materials that are not otherwise vested in the City pursuant to this Section 16.
b. Consultant shall deliver all Documents and Material s to City’s Project Manager upon completion of the Services or termination of this Agreement without additional cost or expense to the City. Additionally, anytime at City’s request, City shall be entitled to possession of, and Consultant shall furnish to City’s Project Manager within 10 calendar days, any or all of the Documents and M aterials without additional cost or expense to the City. In both situations, if Consultant prepares Documents and Ma terials on a computer, Consultant shall provide Cit y with said 125
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Documents and Materials both in a printed format and in an electronic format that is acceptable to the City. Consultant may retain copies of these Documents and Materials but must request permission from the City before use, duplication or dissemination of these Documents and Materials f or any purpose other than for the Services provided to the City pursuant to this Agreement.
c. Any substantive modification of the Documents and M aterials by City staff or any use of the completed Documents and Materials for other City pr ojects, or any use of incomplete Documents and Mate rials, without the written consent of Consultant, shall be at City’s sole risk and without liability or legal exposure to Consultant.
d. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as t o which any intellectual property right exists, inc luding computer software, used in the rendering of the Services and the production of all Documents and Materials, and that the City has full legal title to and the right to use, dupli cate or disseminate the Documents and Materials. Co nsultant shall defend, indemnify and hold Indemnitees harmless fro m any loss, claim or liability in any way related t o a claim that City’s use of any of the Documents and Materials is violating federal, state or local laws, any contra ctual provisions, or any laws relating to trade names, licenses, fran chises, copyrights, patents or other means of prote cting intellectual property rights and/or interests in products or inv entions. Consultant shall bear all costs arising f rom the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or process es in connection with its provision of the services and D ocuments and Materials. In the event the use of an y of the Documents and Materials by the City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its own expense, shall: secure for C ity the right to continue using the Documents and M aterials by suspension of any injunction, or by procuring a lic ense or licenses for City; or modify the Documents and Materials so that they become non-infringing while remaining in compliance with the requirements of this Agreeme nt.
e. This Section 16 shall survive the termination of this Agreement.
17. Confidentiality of Information.
a. For the purposes of this Agreement, “Confidentia l Information” means all information, in whatever form transmitted, relating to the past, present or future business affairs of the City, including without limitation, (i) technical information, including patent, copyright, trade sec ret, and other proprietary information, techniques, sketches, drawings, models, inventions, processes, apparatus, equipment, algorithms, software programs, software source documents, and formulas; or (ii) non-technical info rmation, including without limitation finances, fin ancial and accounting data and information, suppliers, custome rs, customer lists, purchasing data and any other i nformation belonging to the City or to a third party whose inf ormation is in the City’s possession or control und er obligations of confidentiality, and which is disclosed to Consulta nt or is developed by Consultant in whole or in par t at the City’s expense.
b. All Documents and Materials shall be considered Confidential Information and shall not be reproduced, transmitted, disclosed or used by the Consultant wi thout the written consent of the City, except as ma y be necessary for Consultant to fulfill its obligations to the City.
c. Notwithstanding the above, these limitations sha ll not apply to information that (i) is already kno wn to Consultant at the time of that information’s disclosure or becomes publicly known through no wrongful act or omission of Consultant, (ii) is communicated to a third part y with the express written consent of City and is n ot subject to restrictions on further use or disclosure, (iii) is independently developed by Consultant and has no r elation to this Agreement, or (iv) is required by law, court order, court-issued subpoena or other legal process to be disclosed; provided, however, that before making such disclosure, Consultant shall immediately provide City with written notice and a reasonable opportunity for City to object to the disclosure or to take action to maintain the confidentiality of the information, unless such prior disclosure is legally impermissible.
d. Consultant shall use reasonable care to protect the Confidential Information. In the event of a bre ach or threatened breach of this Agreement, City shall be entitled to obtain an injunction prohibiting any su ch breach, the costs of which shall be paid by Consultant. Any relief granted shall be in addition to and not in lieu of any other legal or equitable relief, including money damages. The parties acknowledge that Confidential Information is valuable and 126
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unique and that disclosure of the Confidential Information in breach of this Agreement may result in irreparable injury to the City.
e. Other than an obligation upon the City to deal i n good faith, the City makes no warranties and shall bear no liability or responsibility for errors or omissi ons in any Confidential Information disclosed under this Agreement or for any business decisions made by Consultant in reliance on any Confidential Information disclosed under this Agreement.
f. This Section 17 shall survive the termination of this Agreement.
18. Independent Contractor. Consultant is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its employees o r agents shall have control over the conduct of Con sultant or any of its employees, except as stated in this Agreemen t. Consultant has and shall retain the right to exe rcise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting Consultant, and it is free to dispose of all portio ns of its time which it is not obligated to devote to City in such a manner and to such persons, firms, or corporations as Consultant wishes except as expressly provided i n this Agreement. This Agreement shall not be interpreted to prevent or preclude Consultant from rendering an y services for Consultant’s own account or to any other person or entity as Consultant in its sole discretion sha ll determine; provided, however, that performing such services sh all not materially interfere with the Services Cons ultant shall perform for the City. Except as City’s Project Mana ger specifies in writing, Consultant and its employ ees and agents have no authority, express or implied, to act on behalf of City in any capacity, to incur any debt, obligation or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent. Consultant and its employees are not employees of City. Consultant and its emplo yees are not entitled to receive from City any of t he benefits or rights afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement Sys tem benefits, and health, life, dental, long-term d isability and workers’ compensation insurance benefits. Consultant shall not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted again st City by reason of the independent contractor rel ationship created by this Agreement. Consultant shall be solely respo nsible for, and shall save City harmless from, all matters relating to the payment of Consultant’s subcontractors, mate rial suppliers, directors, officers, employees, age nts and representatives, including compliance with social s ecurity requirements, federal and State income tax withholding, and all other regulations governing employer-employ ee relations, as applicable. City shall have the ri ght to offset against the amount of any compensation due to Consu ltant under this Agreement any amount due to City f rom Consultant as a result of its failure to promptly p ay to City any reimbursement or indemnification ari sing under this Section 18.
19. Nondiscriminatory Employment. Consultant shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identificat ion, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status.
Consultant understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, Cons ultant shall be responsible for such subcontractor’ s compliance with this Section 19.
20. Consultant’s Representations. Consultant represents , covenants and guarantees that: a) Consultant is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perfor m the Services in accordance with the terms and conditions set forth in this Agreement; b) there are no obligations, com mitments, or impediments of any kind that will limit or prevent Consultant’s full performance under this Agreement; c) to the extent required by the standard of practice, Consultant has investigated and considered the scope of Services performed, has carefully considered how the Services should be performed, and understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement.
21. Compliance with Laws. In performing the Services under this Agreement, Consultant shall comply with all applicable laws, ordinances and regulations. B efore providing any Services under this Agreement, Consultant 127
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shall, at its own expense, obtain and maintain all required certificates, licenses and permits, including a City business tax certificate.
22. Conflict of Interest. If, in performing the Service s set forth in this Agreement, Consultant makes, or participates in, a “governmental decision” as descr ibed in Title 2, Section 18701(a)(2) of the Califor nia Code of Regulations, or performs the same or substantially all the same duties for City that would otherwise b e performed by a City employee holding a position specified in Cit y's conflict of interest code, Consultant shall be subject to City's conflict of interest code, the requirements of which include the filing of one or more statements of economic interests disclosing the relevant financial interests of Consultant's personnel providing the Services set forth in this Agreement.
Furthermore, Consultant shall not to accept any emp loyment or representation during the term of this A greement or within 12 months after completion of the Services which is or may likely make Consultant “financially interested,” as provided in California Government Code Sections 109 0 and 87100, in any decisions made by City on any m atter in connection with which Consultant has been retained pursuant to this Agreement.
23. Fictitious Name. If Consultant has a fictitious nam e, Consultant shall submit to City a new Fictitious Business Name Statement approved by any California county before Consultant’s prior Fictitious Busines s Name Statement expires if such expiration may occur during the term of this Agreement, including any term a mendment.
24. Non-Assignability. This Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s personnel’s unique competence, experience and specialized personal kno wledge.
Consultant shall not assign or transfer any interes t in this Agreement or any part thereof, whether by assignment or novation, without City’s prior written consent, whi ch may be withheld for any reason or for no reason at all. Any purported assignment without written consent shall be null, void, and of no effect, and Consultant shall hold harmless, defend and indemnify Indemnitees from and against a ll Claims arising from or relating to any unauthori zed assignment.
25. Successors and Assigns. This Agreement shall be bin ding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns o f Consultant.
26. Applicable Law; Venue. The validity, interpretation , and performance of this Agreement shall be controlled by and construed under the laws of the S tate of California, excluding California’s choice o f law rules.
Venue for any such action relating to the Agreement shall be in the Ventura County Superior Court.
27. Titles. The titles used in this Agreement are for c onvenience only and shall in no way define, limit o r describe the scope or intent of this Agreement or any part of it.
28. Force Majeure. Neither City nor Consultant shall be responsible for delays or failures in performance resulting from acts beyond the control of either pa rty. Such acts shall include but are not be limite d to acts of God, riots, acts of war, epidemics, fire, earthquakes, or other disasters.
29. Authority. Any person executing this Agreement on b ehalf of Consultant warrants and represents that s/he has the authority to execute this Agreement on behalf of Consultant and to bind it to the perform ance of these obligations.
30. Binding Agreement. The parties do not intend this A greement to be binding upon them and shall not be held liable to its terms until it is fully executed by all required signers.
31. Integration; Amendment. This Agreement, including a ny other documents incorporated herein by specific reference, constitutes the entire and integrated agreement of City and Consultant regarding the subject matter described herein. This Agreement supersedes all pri or oral or written communications, negotiations, re presentations, agreements and promises. This Agreement may not be modified or amended, nor any provision or breach wa ived, except in a writing, signed by both parties, that expressly refers to this Agreement.
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32. Construction. In the event of any asserted ambiguit y in or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of construction providing for interpretation against the party who causes the uncertainty to exist or who drafted the Agreement in whole or in part.
33. No Waiver. Waiver by either party of any one or mor e of the conditions of performance under this Agreement shall not be a waiver of any other condit ion of performance under this Agreement. In no even t shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default that may then exist on the part of C onsultant, and the making of any such payment by Ci ty shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.
34. Attorneys’ Fees. The prevailing party shall be enti tled to recover reasonable costs, attorneys’ fees (including the reasonable value of the services ren dered by the City Attorney’s Office) and expenses, including investigation fees and expert witness fees, in addi tion to any other relief to which that party may be entitled, in any legal action or other proceeding, including an acti on for declaratory relief, for the enforcement of t his Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement.
35. Notice. Except as otherwise required by law, a noti ce or communication authorized or required by this Agreement shall be in writing and shall be deemed r eceived—on (a) the day of delivery if delivered by hand or overnight courier service during City’s regular bus iness hours or (b) the third business day following deposit in the United States mail, postage prepaid—to the addresse s listed as “(10) Addresses for Notice” on the Cove r Page or at such other address as one party may notify the other in writing.
36. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and all of which, when tak en together, shall be deemed to be one and the same agreement.
A signed copy of this Agreement transmitted by email to Project Managers’ emails listed in “(11) Contact Emails” on the Cover Page or by other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes.
37. Severability. If any term or portion of this Agreem ent is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall c ontinue in full force and effect.
38. Iran Contracting Act Certification. In accordance w ith Public Contract Code Section 2200 et seq., the City requires that any person that submits a bid or proposal or otherwise proposes to enter into or renew a contractwith the City with respect to goods or services of one m illion dollars ($1,000,000) or more, must certify a t the timean Agreement is signed or renewed, that the person is not identified on a list created pursuant to subdivision (b) ofPublic Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a)of Public Contract Code Section 2202.5, or as a person descri bed in subdivision (b) of Public Contract Code Sect ion2202.5, as applicable. The form of such Iran Contracting Certi ficate is included with this Agreement and must bes igned and dated under penalty of perjury.
[Signatures on next page]
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IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the date that is written as “(1) Agreement Start Date” on the Cover Page.
CITY OF OXNARD ENCOMPASS CONSULTANT GROUP, INC.
☒ John C. Zaragoza, Mayor 1 Date Glen H. Pace, CEO 2 Date ☐ Alexander Nguyen, City Manager
☐ Daniel Willhite, Purchasing Manager
☐ , Buyer
James Fallon, Secretary Date
ATTEST:
Rose Chaparro, City Date
Clerk (only if Mayor signs)
APPROVED AS TO FORM:
Stephen M. Fischer, City Date
Attorney (always required)
1 The City Council must authorize and the Mayor must sign any agreement over $200,000 annually. The Cit y Manager may authorize and sign any agreement over $ 100,000 but up to $200,000 annually. The Purchasing Manager may authorize and sign any agreement up to $100,000 annually. A Buyer may authorize and sign a ny agreement up to $25,000 annually.
2 The City requires the following for any contract:
● For a corporation, the signatures of the Board Pres ident, CEO or Vice President and of the Board Secre tary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC; 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 signe rs, please submit to the City Attorney legally-binding documentation stating who can sign and bind your company.
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SCOPE OF SERVICES EXHIBIT
SERVICE GROUP CATEGORY 1 - ROADWAY AND STRUCTURES ENGINEERING
Road Engineering: Consultant shall provide Road Engineering services, support and expertise including but not limited to the following: roadway design, d rainage systems design, utility identification and relocation, independent checks of roadway design an d quantities, project budgeting, and finally projec t scheduling. Consultant’s technical and administrati ve approach should be consistent with appropriate County, State and Federal standards.
Structures Engineering : Consultant shall provide Structures Engineering services, support and expertise including but not limited to the following: bridge, culvert, overcrossing, overpass, drainage systems, retaining wall, or any similar type of structure. In most cases, the structures portion of any project is part of a larger project. On rare occasions, a structure will be a separate project.
Subcategory 1.1 – Pavement
Perform roadway asphalt pavement structural section evaluation, and provide design recommendations for proper application of surface treatment, surfac e rehabilitation methods as well as full depth reconstruction.
These methods may include fog seal, microsurfacing, scrub seal, or asphalt concrete overlay and material testing. Consultant required to submit written reports and recommendations.
Subcategory 1.2 – Structures
Perform structural engineering evaluation and calcu lations, and provide design recommendations for loading, reinforcement, material type, strength and structures testing. Consultant required to submit written reports and recommendations.
Subcategory 1.3 – Quality Control/Quality Assurance
Perform quality control/quality assurance reviews t hat conform to the Caltrans ready to list guide procedures. This process may include plan, specific ation, and estimate (PS&E) comparisons to ensure the PS&E package is biddable and buildable. Consult ant is to submit written reports documenting comments and responses to comments. Further coordin ation may be required on a project by project basis; emphasis will be place on the current Caltrans standard plans and specifications and “Greenbook” Standard Specifications for Public Works Constructi on and Standard Plans for Public Works Construction.
SERVICE GROUP CATEGORY 6 – SURVEYING
Surveying task include but are not limited to the following:
Land Surveying : Land surveys or boundary surveys are the function of locating the property boundaries or right of way of project sites. This type of work may also be referred to as property surveys, boundary surveys, or cadastral surveys.
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Topographical Surveying : This type of surveying entails locating objects and measuring the relief, three- dimensional variations of the earth's surface and/or other topographical features. Detailed information is obtained pertaining to the elevations as well as to the locations of man-made features or improvements and natural features. Topographical maps are prepared to document the survey. This type survey is also referred to as a preliminary survey. Data may be ob tained through traditional field survey, aerial photogrammetry, LiDAR, laser scanning, or other methods.
Control Surveying : Control surveys, are those made to establish the horizontal and vertical positions of various points. The points are selected so that the y form a net over the project site under considerat ion so as to provide a convenient method to tie planned improvement placement to these points. Methods used will involve the use of GPS, CORS sites, and d iffering datum's (NAD27, NAD83, NGVD29, or NAVD88).
Construction Surveying : Construction surveying provides the basis for pro per placement of improvements. This type of surveying is needed at a ll stages of the construction process in an effort to insure that the final product meets all the design requirements for placement, elevation and alignment.
Monument Preservation : This function of surveying involves research to d etermine the existence of survey points of record, field investigation to loc ate monuments of record and not of record, setting of reference points, filing of records with the County of Ventura, resetting survey points to replace tho se missing or destroyed.
SERVICE GROUP CATEGORY 9 - DRAINAGE, HYDROLOGY, HYDRAULIC
ENGINEERING
Drainage, hydrology and hydraulic engineering services may include but not limited to:
• Master Plan of Drainage updates, as well as, the pr eparation of Capital Improvement Program plans, specifications and bid documents for the des ign and construction of various street, storm drain , and other facility improvements
• Perform hydraulic, hydrologic, or sediment transpor t analyses and modeling for the design and maintenance of drainage facilities (pumps, channels, basins, etc.), bridges, culverts, and roadways. Work might involve preparation of the following document s or reports in accordance with the City’s Engineering Design Guidelines and/or Caltrans Local Assistance Procedures Manual:
o Bridge Design Hydraulic Study
o Location Hydraulic Study
o Floodplain Evaluation Report Summary
o Location Hydraulic Study Form
o Preliminary Hydrologic/Hydraulic Review Summary
SERVICE GROUP CATEGORY 13 – DEVELOPMENT PLAN CHECK
Tasks include but are not limited to the following:
Building plan check tasks include, but not be limited to:
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• plan checking to the current Unified Building Code and other applicable state and local codes including the review of building plans,
• structural calculations,
• grading plans,
• site excavations
• and/or preparations, erosion control plans,
• National Pollution Discharge Elimination System (NPDES) compliance.
Infrastructure improvement plan check tasks include but not limited to:
• plan checking per applicable local, county, state and Federal codes and standards,review of plans for:
o Streets
o Sewers,
o Storm drains
o Water mains,
o Streetlights,
o Landscaping and irrigation
o Traffic control
o Signing and striping
o Traffic signals
o Roundabouts,
o Hydrology studies
o Sewer area studies
o Construction cost estimates
Final map plan check tasks include but not limited to:
• Parcel, tract, and final map checking,
• Easement and right-of-way documents,
• Lot-line adjustments, and certificates of compliance.
Provide detailed daily updates on the status of all plan checks received and processed to date in a format acceptable to the City.
Key representatives from the firm must attend monthly meetings (or as required) with City of Oxnard staff to evaluate performance of their services.
A maximum review time for initial plan checks of 10 working days inclusive of transit time to and from the City of Oxnard Service Center, located at 214 S C St, Oxnard, CA 93030. Second plan checks shall not require more than 10 working days, inclusive of transit time. Each subsequent plan check, if necessary, shall not require more than 5 working days, inclusive of transit time.
The firm shall not provide consulting services to private sector agencies/developers submitting plans or maps to the City of Oxnard nor engage in activities that could be construed as a conflict of interest with this agreement for professional services.
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RATES AND COSTS EXHIBIT
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INSURANCE EXHIBIT INS-A
INSURANCE REQUIREMENTS FOR CONSULTANTS
(WITH ERRORS AND OMISSIONS REQUIREMENT)
1. Consultant shall obtain and maintain during the per formance of any services under this Agreement the f ollowing insurance against claims for injuries to persons or damages to property which may arise from or in con nection with the performance of services hereunder by Consultant, its agents, representatives, employees or subconsultants.
a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Lia bility Coverage (Occurrence Form CG 0001). If a ge neral aggregate limit is used, that limit shall apply separately to the project or shall be twice the occurrence amount;
b. Business automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office automobile liability coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;”
c. Professional liability/errors and omissions insuran ce appropriate to Consultant’s profession to a mini mum coverage of $1,000,000, with neither Consultant nor listed subconsultants having less than $500,000 in dividually. The professional liability/errors and omissions insuran ce must be project specific with at least a one yea r extended reporting period, or longer upon request.
d. Workers’ compensation insurance in compliance with the laws of the State of California, and employer’s liability insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.
2. Consultant shall, prior to performance of any servi ces, file with the Risk Manager certificates of ins urance with original endorsements effecting coverage required b y this Exhibit INS-A. The certificates and endorse ments for each insurance policy are to be signed by a person autho rized by that insurer to bind coverage on its behal f. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All cert ificates and endorsements are to be received and approved by the Risk Manager before commencement of services. Cit y reserves the right to require complete certified copies of all r equired insurance policies at any time. The certif icates of insurance and endorsements shall be sent via email (or fax if necessary) to the Risk Manager, addressed as follows (do not send hard copies):
City of Oxnard
Insurance Compliance
Reference No.
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email:
[email protected]
Via Fax: 678-259-1007
3. Consultant agrees that all insurance coverages shal l be provided by a California admitted insurance ca rrier with an A.M. Best rating of A:VII or better and shall be en dorsed to state that coverage may not be suspended, voided, canceled, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contai ns “best effort” modifiers or if the insurer is rel ieved from the responsibility to give such notice.
4. Consultant agrees that the commercial general liability and business automobile liability insurance policies shall be endorsed to name City, its City Council, officers, employees, agents and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of prot ection afforded to City, its City Council, officers , employees, agents and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS-A or substitute forms containing the same information and acceptable to t he Risk Manager shall be used to provide the endorsements ( ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).
5. The coverages provided to City shall be primary and not contributing to or in excess of any existing C ity insurance or self-insurance coverages ( this must be endorsed) . Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and vol unteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with resp ect to the limits of the insurer's liability.
6. The insurer shall declare any deductibles or self-insured retentions to and be approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects 136
Agreement No. A-8409
AGREEMENT
FOR PROFESSIONAL SERVICES (V-01/29/21)
City, its City Council, officers, employees and vol unteers, or the Consultant shall procure a bond gua ranteeing payment of losses and related investigations, claim administration and defense expenses.
7. All insurance standards applicable to Consultant shall also be applicable to Consultant's subconsultants. Consultant agrees to maintain appropriate agreements with subconsultants and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.
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AGREEMENT
FOR PROFESSIONAL SERVICES (V-01/29/21)
INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS
Certificates of Insurance
The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance. You may use this or any industry form that shows coverage as broad as that shown on the attached sample.
Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Mo difying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.
Endorsement Forms
Original endorsements are required for commercial general liability and business automobile liability insurance policies and must be attached to the applicable certificate of insurance. Ci ty preference is that the Consultant/insurer use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the sample accord form.
INS-A.doc
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Agreement No. A-8409
AGREEMENT
FOR PROFESSIONAL SERVICES (V-01/29/21)
ACORD CERTIFICATE OF INSURANCE
ISSUE DATE (MM/DD/YY)
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
CODE SUB-CODE
COMPANIES AFFORDING INSURANCE COVERAGE
INSURED
COMPANY
LETTER
A SPECIFY COMPANY NAMES IN THIS SPACE
COMPANY
LETTER
B
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO
WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE T ERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR TYPE OF INSURANCE
POLICY
NUMBER
POLICY
EFFECTIVE
DATE
(MM/DD/YY)
POLICY
EXPIRATION
DATE
(MM/DD/YY) LIMITS
A
GENERAL LIABILITY
[x] COMMERCIAL GENERAL
LIABILITY [ ] CLAIMS
MADE [x] OCCUR.
[x] OWNER'S &
CONTRACTOR'S PROT.
GENERAL AGGREGATE
$1,000,000
PRODUCTS COMP/OP AGG . $1,000,000
PERSONAL & ADV. INJURY $1,000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $
A
AUTOMOBILE LIABILITY
[x] ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
COMBINED SINGLE
$1,000,000
LIMIT
BODILY INJURY
$
(Per person)
BODILY INJURY
$
(Per accident)
PROPERTY DAMAGE
$
A
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA
FORM
EACH OCCURRENCE
$
AGGREGATE
$
A
WORKERS'
COMPENSATION
AND
EMPLOYERS' LIABILITY
STATUTORY LIMITS
EACH ACCIDENT
$1,000,000
DISEASE-POLICY LIMIT $1,000,000
DISEASE-EACH EMPLOYEE $1,000,000
A
OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession
Minimum coverage
$1,000,000
Each consultant/ $500,000
& listed sub-consultant
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
CERTIFICATE HOLDER
CITY OF OXNARD
Attn: Insurance Compliance
Reference No._______
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email:
[email protected]
Via Fax: 678 -259 -1007
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
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Agreement No. A-8409
AGREEMENT
FOR PROFESSIONAL SERVICES (V-01/29/21)
GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which) NAMED INSURED
APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
COMPREHENSIVE GENERAL LIABILITY
OWNERS & CONTRACTORS PROTECTIVE
Claims Made
Retroactive Date
Occurrence
OTHER PROVISIONS
COVERAGES
LIABILITY LIMITS IN THOUSANDS $
EACH OCCURRENCE AGGREGATE
GENERAL
PRODUCTS/COMPLETED
OPERATIONS
PERSONAL & ADVERTISING INJURY
FIRE DAMAGE
CLAIMS : Underwriter’s representative for claims pursuant to this insurance .
Name:
Address:
Telephone : ( )
In consideration of the premium charged and notwith standing any inconsistent statement in the policy t o which this endorsemen t is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, employees and vol unteers are included as insureds with regard to lia bility and defense of sui ts arising from the operations, products and activi ties performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insu red for or on behalf of the City; or (b) products s old by the named insured to the City; or (c) premises
leased by the named insured from the City, the insu rance afforded by this policy shall be primary insu rance as respects the City, its officers, agents, e mployees or volunte ers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either eve nt, 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 c laim 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 o f the policy or breaches or violations of warrantie s shall not affect covera ge 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 Lia bility 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, condi tions, agreements or exclusions o f the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD
Attn: Insurance Compliance
Reference No._______
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email:
[email protected]
Via Fax: 678-259-1007
AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter
I (print/type name), warran t 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. A-8409
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 APPLICABILITY . This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE OTHER PROVISIONS
COMMERCIAL AUTO POLICY
BUSINESS AUTO POLICY
OTHER
LIMIT OF LIABILITY
CLAIMS:
Underwriter’s representative for claims pursuant to this insurance.
Name:
Address:
Telephone: ( )
$ per accident, for bodily injury and property damage.
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this end orsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insu red for or on behalf of the City; or (b) products s old by the named insured to the City; or (c) premis es leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the C ity, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s sch eduled underlying primary coverage. In either even t, any other insurance maintained by the City, its offic ers, 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 exce pt with respect to the co mpany’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 i nsurance shall not be canceled, or materially reduc ed in coverage or limits except after thirty (30) d ays prior writte n 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 warrantie s shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Automobile Liability C overage, “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, condi tions, agreements or exclusions of the policy to wh ich this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD
Attn: Insurance Compliance
Reference No._______
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email:
[email protected]
Via Fax: 678-259-1007
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 her eon do so bind this company to this endorsement.
Signature
(original signature required)
Telephone: ( ) Date Signed
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Agreement No. A-8409
IRAN CONTRACTING ACT CERTIFICATION
(TO BE EXECUTED AND SUBMITTED WITH THE AGREEMENT)
Public Contract Code Sections 2202-2208
Pursuant to Public Contract Code 2204.(a) A public entity shall require a person that is submits a bid or proposal to, or otherwise proposes to enter into or renew a contract with, a public entity with respect to a contract for goods or services of one million dollars ($1,000,000) or more to certify, at the time an Agreement is signed or renewed, that the person is not identified on a list created pursuant to subdivision (b) of Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Section 2202.5 or as a person described in subdivision 9b) of Section 2202.5, as applicable.
To comply with this requirement, please insert your company/entity and Federal ID number (if available) and complete one of the options below. Please note, California law established penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made, contract termination and three-year ineligibility to bid on contract in accordance with Public Contract Code section 2205.
OPTION No.1 – CERTIFICATION
I, the official named below, certify I am duly authorized to exec ute this certification on behalf of the company/entity identified below, and the company/entity identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institu tion extending twenty million dollars ($20,000,000) or more in credit to another person or entity, for 45 days or more, if that other person or company/entity will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS in accordance with subdivision (b) of Public Contract Code 2203.
Company Name/Financial Institution (printed): Feder al ID Number (or n/a):
By (Authorized Signature):
_____________________________________________
Printed Name & Title of Person Signing: Date Exe cuted
_____________________________________________ ___ _______________________
Executed in the County of________________________________ in the State of ___________________
OPTION No.2 – EXEMPTION
Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services. If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out t he information below and attach documentation demonstrating the exemption approval.
Company Name/Financial Institution (printed): Feder al ID Number (or n/a):
Black, O’Dowd and Associates, Inc.
By (Authorized Signature):
_____________________________________________
Printed Name & Title of Person Signing: Date Exe cuted
____________________________________________ ____ ____________________ Executed in the County of_____________________________________ in the State of ____________ 142
Agreement No. A-8409
PREVAILING WAGE EXHIBIT
1. The Project defined in the Agreement between City and Contractor is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code ( “Chapter 1”), and this Agreement is subject to Chapter 1 and the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. Contractor shall perform the Project as a public work. Contractor 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 with the Project Coordin ator at City Hall and will be made available to any interested party on request. They are also available at http://www.dir.ca.gov/Public-Works/Prevailing-Wage.html. Contractor shall post such rates at each job site covered by this Agreement.
3. Contractor is required to post job site notices, as prescribed by regulation. See Labor Code Section 1771.4(a)(2).
4. Contractor 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 pr evailing wages. Contractor shall, as a penalty to City, forfeit not more than $200 for each calendar day or por tion 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 Co ntractor or any subcontractor. The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.
5. Contractor shall comply with Labor Code Section 177 6, which requires Contractor 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 .
6. Contractor shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrati ve Code Title 8, Section 200 et seq . concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeab le occupations. Before commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days of the Agreement Ending Date listed in (6) of the Cover Page or the conclusion of the Project, whichever happens later, Contra ctor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
7. Contractor shall not be debarred or suspended throughout the duration of this Agreement pursuant to Labor Code Section 1777.1 or 1777.7. If Contractor becomes debarred or suspended throughout the duration of the Agreement, Contractor shall immediately notify City.
8. Contractor is not qualified to bid on, be listed in a Bid, or engage in the performance of any contract for public work, as defined in LC Sections 1720 through 1861, unless currently registered and qualified to perform public work pursuant to LC Section 1725.5. Contractor shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the Agreement’s te rm.
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. Contractor acknowledges that 8 hours labor constitutes a legal day’s work. Contractor shall comply wit h and be bound by Labor Code Section 1810.
10. Contractor shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit $25 for each worker employed in the performance of this Agreement by Contractor 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 Contractor’s employees in excess of 8 hours per day and 40 hours per week shall be permitted upon p ublic work upon compensation for all hours worked in excess of 8 hours per day at not less than 1½ times the basic rate of pay.
11. The Project listed in the Agreement is subject to c ompliance monitoring and enforcement by the DIR.
12. Contractor 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. Contractor shall include in the wr itten contract between it and each subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statutory provisions. Contractor shall be required to take all actions necessary to enforce such 143
Agreement No. A-8409
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, Contractor shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent, Contractor shall hold harmless, defend (with counsel approved by the City Attor ney) and indemnify City, its legislative bodies, and its officials, officers, employees, agents, successors and assigns from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of o r incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any wo rk undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of Contractor under this Section shall survive Agreement termination.
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Agreement No. A-8405
AGREEMENT FOR PROFESSIONAL SERVICES
COVER PAGE
(1) Agreement Start Date: February 1, 2022
(2) Consultant: MNS Engineers, Inc.,
(3) Services: On-Call Roadway and Structures Engi neering and On-Call Utility Engineering services (4) Schedule of Services: The services must be complete d within three (3) years of the Agreement Start Date listed above.
(5) Agreement Ending Date: January 31, 2025
(6) Total Agreement Amount: The Total Agreement Amount shall not exceed $1,000,000 during the three (3) year Contract Term.
(7) City’s Project Manager: Tatiana Arnaout, P.E., City Engineer (8) Consultant’s Project Manager: Tyler Hunt, P.E., Q.S.D., Project Manager (9) Insurance Coverage: INS-A
(10) Addresses for Notice:
FOR CONSULTANT: FOR CITY:
MNS Engineers, Inc. City of Oxnard, Public Works Engineering 201 N Calle Cesar Chavez, Ste 300 305 W Third St, 2
nd Floor-East Wing, 3rd Floor
Santa Barbara, CA 93103 Oxnard, CA 93030
Attn: James Salvito, C.E.O. Attn:T atiana Arnaout, P.E., City Engineer Office: 805.692.6921 Office: 805-385-8341
(11) Contact Emails:
CONSULTANT’S PROJECT MANAGER: CITY’S PROJECT MANAGER:
[email protected] [email protected]
The Agreement for Professional Services is attached hereto and incorporated herein by this reference. The following exhibits are also attached hereto and incorporated herein by this reference into the Agreement:
☒ Scope of Services Exhibit
☒ Rates and Costs Exhibit
☒ Insurance Exhibit (INS-A)
☒ Prevailing Wage Exhibit
☒ Iran Contracting Act Certification
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Agreement No. A-8405
AGREEMENT FOR PROFESSIONAL SERVICES (V-01/29/21)
AGREEMENT FOR PROFESSIONAL SERVICES
THIS
AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is entered into in Ventura County, California, on the date that is written as “(1) Agreement Start Date” on the Cover Page, which is attached hereto and incorporated herein by this reference. This Agreement is entered by and between the City of Oxnard (“City”) and the person or entity listed as “(2) Consultant” on the Cover Page, subject to the following terms and conditions:
1. Scope of Services. Consultant shall provide to City the services listed as “(3) Services” on the Cover Page (the “Services”). Consultant shall provide the Services during the term of this Agreement, as set forth below, according to the schedule written as “(4) Schedule of Services” on the Cover Page, and as further explained in the Scope of Services Exhibit, which is attached hereto and in corporated herein by this reference. In the event of any conflict between the terms of this Agr eement and any incorporated document(s), the terms of this Agreement shall control.
2. Standard of Performance. Consultant shall undertake and complete the Services to conclusion using the standard of care, skill and diligence normally provided by a professional person in the performance of similar consulting services.
3. Correction of Errors. Consultant sha ll correct, at its expense, all er rors which may be disclosed during review of the Services. Should Consultant fail to make such correction in a reason ably timely manner, such correction shall be made by City, and the cost thereof shall be paid by Consultant.
4. Term. This Agreement shall begin on the date that is written as “(1) Agreement Start Date” on the Cover Page and shall end on the date that is written as “(5) Agreement Ending Date” on the Cover Page. Time is of the essence in this Agreement.
5. Compensation. For the Services performed during the term of this Agreement, City shall pay Consultant an amount not to exceed the amount that is listed as “(6) Total Agreement Amount” on the Cover Page, at the rates listed in Rates and Costs Exhibit, attached hereto and incorporated herein by this reference. The rates in Rates and Costs Exhibit shall be in effect through the en d of this Agreement. Exce pt as otherwise expressly provided in this Agreement, City shall not be responsible for expenses incurred by Consultant in performing the Services.
6. Invoices. Consultant shall submit a payment request to City by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month. Each invoice must also list the current balance on the Agreement, incl uding that invoice, as well as the months remaining on the term of the Agreement. Invoices may be emailed to: [email protected].
7. Acceptance of Payment. Consultant ’s acceptance of final payment made pursuant to this Agreement shall constitute a release of City from all claims and liabilities for compensation to Consultant for anything completed, finished or relating to the Services. City’s payment shall not constitute nor be deemed a release of the responsibility and liability of Consultant for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by City for any defect or error in the Services performed by Consultant and its employees, agents and subcontractors. Consultant shall provide City with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the Services performed by Consultant or materials or products provided to City by Consultant, Consultant shall pay the sales tax. City shall not reimburse Consultant for sales taxes paid by Consultant.
8. Non-Appropriation of Funds. Payments to be made to Consultant by City for the Services performed within the current fiscal ye ar are within the current fi scal budget and within an available, unexhausted and unencumbered appropriation of City. In the event City does not appropriate sufficient funds for payment of the Services beyond the current fiscal y ear, this Agreement shall cover paym ent for the Services only up to the 146
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AGREEMENT FOR PROFESSIONAL SERVICES (V-01/29/21)
conclusion of the last fiscal year in which City appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.
9. Coordination of Services. The Services shall be co ordinated with the person in the position listed in “(7) City’s Project Manager” on the Cover Page, subject to the direction of the City Manager and Department Director. Consultant hereby designates the person in the position listed in “(8) Consultant’s Project Manager” on the Cover Page as the person responsible for the Services who shall coordinate with City’s Project Manager in making binding decisions in line with this Agreement on behalf of Consultant.
10. Personnel. Consultant represents that it has, or shall secure at its own expense, all personnel required to perform the Services. Any person who performs engineering services pursuant to this Agreement shall be licensed as a Civil Engineer by the State of California and in good standing. Consultant shall make reasonable efforts to maintain the continuity of Consultant’s staff who are as signed to perform the Services. Consultant may associate with or employ associates or subcontr actors in the performance of the Servi ces, but at all times shall Vendor be responsible for its associates and subcon tractors’ labor, advice or materials provided in furtherance of providing the Services. Should any of Consultant’s employees, assigns or subcontractors not conduct him- or herself appropriately, as determined by the C ity’s Project Manager, in the process of providing the Services or any portion thereof, the City’s Project Manager may notify the Consultant’s Project Manager, who shall immediately handle the problem, as determined appropriate by him or her, such that the problem does not persist.
11. Additional Work. City may request additional specified work under this Agreement. The City’s Project Manager must authorize all such work in writing before commencement. Consultant shall perform such work, and City shall pay for such additional work, in accord ance with Rates and Costs Exhibit. Should the work not fall under any such listed rate or cost, Consultant shall submit a quote for all additional work, which the City’s Project Manager must approve in writing before any such work may commence. The City shall compensate Consultant for any work that does not fall under a rate or cost listed in the Rates and Costs Exhibit, and for which Consultant did not obtain the City’s Project Manager’s written approval before work commenced, as determined by the City’s Project Manager in his or her sole discretion.
12. Audit. City shall have the option of inspecting, auditing and/or reproducing all records and other written materials used by Consultant in preparing its billings to City as a condition precedent to any payment to Consultant. Consultant will promptly furnish all documents requested by City. Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit Consultant for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, Consultant shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement. Consultant shall include a copy of this Section 12 in all contracts with its subcontractors, and Consultant shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or City.
13. Termination. City may terminate this Agreement at any time, with or without cause and without penalty, upon 15 days prior written notice. Such termination shall be effective on the date specified in the notice, or if no date is specified, then 10 calendar days from the date of delivery or mailing of such notice. Consultant may terminate this Agreement at any time, with or without ca use and without penalty, upon 30 days prior written notice.
Such termination shall be effective on the date specified in the notice, or if no date is specified, then 10 calendar days from the date of delivery or mailing of such notice and only if all assignments accepted by Consultant have been completed before the date of termination. In the event of termination of this Agreement by either party due to no fault or failure of performance by Consultant, City shall pay Consultant compensation for all Services satisfactorily completed in accordance with all of the terms and provisions of this Agreement, as determined by the City, before the effective date of termination; provid ed, in no event shall the Consultant receive an amount exceeding that which would have been paid to Consultant for the full performance of the Services.
14. Hold Harmless, Defense and Indemnity.
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indemnify City, its legislative and advisory bodies, and th e City’s officials, director s, officers, employees, and agents (collectively, “Indem nitees”) from and against any and all claims, demands, causes of action, damages, injuries, liabilities, losses, penalties, fines, judgments, costs or expenses, including reimbursement of attorneys’ fees, court costs and costs of alternative dispute resolution, including but not limited to those relating to death or injury to any person and injury to any property (collectively, “Claims” ), to the extent that the Claims arise out of, pertain to, or relate to the negligence, recklessne ss, or willful misconduct of Consultant or of any of its officers, employees, subcontractors or agents in the performance of the Agreement or in the failure to comply with any of the obligations contained in this Agreement. Consultant’s obligation to defend is a separate and distinct obligation from Consultant’s duty to indemnify and applies through final judgment, including exhaustion of any appeals. Consultant shall be obligated to defend Indemnitees in all legal, equ itable, administrative, or special proceedings, with counsel approved by the City Attorney, to the extent required herein immediately upon tender to Consultant of the Claim in any form or at any stage of an action or proceeding. The defense obligation includes the obligation to provide independent defense counsel if Consultant asserts that the liability is caused in whole or in part by the negligence or willful misconduct of any of the Indemnitees.
If Consultant provides no design professional services, to the maximum extent permitted by law, Consultant shall hold harmless, defend and indemnify the Indemnitees from and against any and all Claims, which arise out of, pertain to, or relate to the performance of this Agreement, or the failure to comply with any of the obligations contained in this Agreement, by Consultant or of any of its officials, directors, officers, employees, subcontractors, or agents. Consultant’s obligation to defend is a separate and distinct obligation from Consultant’s duty to indemnify and applies through final judgment, including exhaustion of any appeals. Consultant shall be obligated to defend Indemnitees in all legal, equitable, administrative, or special proceedings, with counsel approved by the City Attorney, immediately upon tender to Consultant of the Claim in any form or at any stage of an action or proceeding. The defense obligation includes the obligation to provide independent defense counsel if Consultant asserts that the liability is caused in whole or in part by the negligence or willful misconduct of any of the Indemnitees.
a. The review, acceptance or approval of Consulta nt’s work or work pr oduct by any of the Indemnitees shall not affect, relieve or reduce Consultant’s indemnification or defense obligations. This Section 14 shall survive completion of the Services or termination of this Agreement. The provisions of this Section 14 shall not be restricted by and does not affect the provisions of this Agreement relating to insurance.
15. Insurance. Consultant shall obtain and maintain during the performance of any services under this Agreement the insurance coverages listed within the insura nce document stated in “(9) Insurance Coverage” on the Cover Page and in the Insurance Exhibit, which is attached hereto and incorporated herein by this reference, unless the City’s Risk Manager waives, in writing, the requirement that Consultant obtain and maintain such insurance coverages. Consultant shall, before performance of any Services, file with the City’s Risk Manager evidence of insurance coverage as specified in “(9) Insurance Coverage” on the Cover Page and in the Insurance Exhibit.
Maintenance of insurance coverages by Consultant is a material element of this Agreement. Consultant’s failure to maintain or renew insurance coverages or to provide renewal evidence, and any lapse in insurance coverage, may be considered a material breach of this Agreement.
16. Documents and Materials.
a. All final computations, exhibits, files, plans, correspondence, reports, drawings, designs, data, photographs, specifications, information, images, video files, media, or other deliverable s prepared, created, drawn, calculated, photographed or developed by Consultant pursuant to this Agreement (“Documents and Materials”) shall be the City’s property without restriction or limitation upon its use, duplication or dissemination. All Documents and Materials shall be considered “works made for hire,” a nd all Documents and Materials and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the City without restriction or limitation upon their use, duplication or dissemination by the City. Consultant shall not obtain or attempt to obtain copyright protection as to any Documents and Materials. Consultant hereby assigns to the City all ownership and any and all intellectual property rights to the Documents and Materials that are not otherwise vested in the City pursuant to this Section 16.
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b. Consultant shall deliver all Documents and Materials to City’s Project Manager upon completion of the Services or termination of this Agreement with out additional cost or expense to the City. Additionally, anytime at City’s request, City shall be entitled to posse ssion of, and Consultant shall furnish to City’s Project Manager within 10 calendar days, any or all of the Documents and Materials without additional cost or expense to the City. In both situations, if Consultant prepares Documents and Materials on a computer, Consultant shall provide City with said Documents and Materials both in a printed format and in an electronic format that is acceptable to the City. Consultant may retain copies of these Documents and Materials but must request permission from the City before use, duplication or dissemination of these Documents and Materials for any purpose other than for the Services provided to the City pursuant to this Agreement.
c. Any substantive modification of the Documents and Materials by City staff or any use of the completed Documents and Materials for other City projects, or any use of incomplete Documents and Materials, without the written consent of Consultant, shall be at City ’s sole risk and without liability or legal exposure to Consultant.
d. Consultant warrants and represents that it ha s secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Documents and Materials, and that the City has full legal title to and the right to use, duplicate or disseminate the Documents and Materials.
Consultant shall defend, indemnify and hold Indemnitees harmless from any loss, claim or liability in any way related to a claim that City’s use of any of the Documents and Materials is violating federal, state or local laws, any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the services and Documents and Materials. In the event the use of any of the Documents and Materials by the City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its own expense, shall: secure for City the right to continue using the Documents and Materials by suspension of any injunction, or by procuring a license or licenses for City; or modify the Documents and Materials so that they become non-infringing while remaining in compliance with the requirements of this Agreement.
e. This Section 16 shall survive the termination of this Agreement.
17. Confidentiality of Information.
a. For the purposes of th is Agreement, “Confidential Information” means all information, in whatever form transmitted, relating to the past, present or future bus iness affairs of the City, including without limitation, (i) technical information, including patent, copyright, trade secret, and other proprietary information, techniques, sketches, drawings, models, inventions, processes, apparatus, equipment, algorithms, software programs, software source documents, and formulas; or (ii) non-technical information, including without limitation finances, financial and accounting data and information, suppliers, customers, customer lists, purchasing data and any other information belonging to the City or to a third party whose information is in the City’s possession or control under obligations of confidentiality, and which is disclosed to Consultant or is developed by Consultant in whole or in part at the City’s expense.
b. All Documents and Materials shall be considered Confidential Information and shall not be reproduced, transmitted, disclosed or used by the Consulta nt without the written consent of the City, except as may be necessary for Consultant to fulfill its obligations to the City.
c. Notwithstanding the above, these limitations shall not apply to information that (i) is already known to Consultant at the time of that information’s disclosure or becomes publicly known through no wrongful act or omission of Consultant, (ii) is communicated to a third pa rty with the express written co nsent of City and is not subject to restrictions on further use or disclosure, (iii) is independently developed by Consultant and has no relation to this Agreement, or (iv) is required by law, court order, court-issued subpoena or other legal process to be disclosed; provided, however, that before making such disclosure, Consultant shall immediately provide City with 149
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written notice and a reasonable opportunity for City to object to the disclosure or to take action to maintain the confidentiality of the information, unless such prior disclosure is legally impermissible.
d. Consultant shall use reasonable care to protect the Confidential Information. In the event of a breach or threatened breach of this Agreement, City shall be en titled to obtain an injunction prohibiting any such breach, the costs of which shall be paid by Consultant. Any relief gran ted shall be in addition to and not in lieu of any other legal or equitable relief, including money damages. The parties acknowledge that Confidential Information is valuable and unique and that disclosure of the Confiden tial Information in breach of this Agreement may result in irreparable injury to the City.
e. Other than an obligation upon the City to deal in good faith, the City makes no warranties and shall bear no liability or responsibility for errors or omissi ons in any Confidential Information disclosed under this Agreement or for any business decisions made by Consultant in reliance on any Confidential Information disclosed under this Agreement.
f. This Section 17 shall survive the termination of this Agreement.
18. Independent Contractor. Consultant is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its employees or agents shall have control over the conduct of Consultant or any of its employees, except as stated in this Agreement. Consultant has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting Consultant, and it is free to dispose of all portions of its time which it is not obligated to devote to City in such a manner and to such persons, firms, or corporations as Consultant wishes except as expressly provided in this Agreement. This Agreement shall not be interpreted to pr event or preclude Consultant from rendering any services for Consultant’s own account or to any other person or entity as Consultant in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services Consultant shall perform for the City. Except as City’s Project Manager specifies in writing, Consultant and its employees and agents have no authority, express or implied, to act on behalf of City in any capacity, to incur any debt, obligation or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent. Consultant and its employees are not employees of City. Co nsultant and its employees are not entitle d to receive from City any of the benefits or rights afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long-term disability and workers’ compensation insurance benefits. C onsultant shall not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, an d interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall be solely responsible for, and shall save City harmless from, all matters relating to the paym ent of Consultant’s subcontractors, material suppliers, directors, officers, em ployees, agents and representatives, including co mpliance with social security requirements, federal and State income tax withholding, and all other regulations governing employer-employee relations, as applicable. City shall have the right to offset against the amount of any compensation due to Consultant under this Agreement any amount due to City from Consultant as a result of its failure to promptly pay to City any reimbursement or indemnification arising under this Section 18.
19. Nondiscriminatory Employment. Consultant shall not unlawfully discriminate against any individual based on race, color, religion or re ligious creed, national origin, ancestry , ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status. Consultant understands and agrees th at it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, Consultant shall be responsible for such subcontractor’s compliance with this Section 19.
20. Consultant’s Representations. Consultant represents, covenants and guarantees that: a) Consultant is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the Services in accordance with the terms and conditions set forth in this Agreement; b) ther e are no obligations, commitments, or 150
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impediments of any kind that will limit or prevent Consu ltant’s full performance under this Agreement; c) to the extent required by the standard of practice, Consultant has investigated and considered the scope of Services performed, has carefully considered how the Services should be performed, and understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement.
21. Compliance with Laws. In performing the Services under this Agreement, Consultant shall comply with all applicable laws, ordinances and regulations. Before providing any Services under this Agreement, Consultant shall, at its own expense, obtain and maintain all required certificates, licenses and permits, including a City business tax certificate.
22. Conflict of Interest. If, in performing the Services set forth in this Agreement, Consultant makes, or participates in, a “governmental decision” as described in Title 2, Section 18701(a)(2) of the California Code of Regulations, or performs the same or substantially all the same duties for City that would otherwise be performed by a City employee holding a position specified in City's conflict of interest code, Consultant shall be subject to City's conflict of interest code, the requirements of which in clude the filing of one or more statements of economic interests disclosing the relevant financial interests of Consultant's personnel providing the Services set forth in this Agreement. Furthermore, Consultant shall not to accept an y employment or representation during the term of this Agreement or within 12 months after completion of th e Services which is or may likely make Consultant “financially interested,” as provided in California Government Code Sections 1090 and 87100, in any decisions made by City on any matter in connection with which Consultant has been retained pursuant to this Agreement.
23. Fictitious Name. If Consultant has a fictitious name, Consultant shall submit to City a new Fictitious Business Name Statement approved by any California county before Consultant’s prior Fictitious Business Name Statement expires if such expiration may occur during the term of this Agreement, including any term amendment.
24. Non-Assignability. This Agreement contemplates pers onal performance by Consultant and is based upon a determination of Consultant’s personnel’s unique competence, experience and specialized personal knowledge. Consultant shall not assign or transfer any interest in this Agr eement or any part thereof, whether by assignment or novation, without City’s prior written consent, which may be withheld for any reason or for no reason at all. Any purported assignment without written consent sha ll be null, void, and of no effect, and Consultant shall hold harmless, defend and indemnify Indemnitees from and against all Claims arising from or relating to any unauthorized assignment.
25. Successors and Assigns. This Agreement shall be bind ing upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of Consultant.
26. Applicable Law; Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California’s choice of law rules.
Venue for any such action relating to the Agreement shall be in the Ventura County Superior Court.
27. Titles. The titles used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it.
28. Force Majeure. Neither City nor Consultant shall be responsible for delays or failures in performance resulting from acts beyond the control of either party. Such acts shall include but are not be limited to acts of God, riots, acts of war, epidemics, fire, earthquakes, or other disasters.
29. Authority. Any person executing this Agreement on behalf of Consultant warrants and represents that s/he has the authority to execute this Agreement on behalf of Consultant and to bind it to the performance of these obligations.
30. Binding Agreement. The parties do not intend this Agreement to be binding upon them and shall not be held liable to its terms until it is fully executed by all required signers.
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31. Integration; Amendment. This Agreement, includ ing any other documents incorporated herein by specific reference, constitutes the entire and integrated ag reement of City and Consultant regarding the subject matter described herein. This Agreement supersedes all prior oral or written communications, negotiations, representations, agreements and promises. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing, signed by both parties, that expressly refers to this Agreement.
32. Construction. In the event of any asserted ambiguity in or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of construction providing for interpretation against the party who causes the uncertainty to exist or who drafted the Agreement in whole or in part.
33. No Waiver. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of an y other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default that may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.
34. Attorneys’ Fees. The prevailing party shall be entitle d to recover reasonable costs, attorneys’ fees (including the reasonable value of the services rendered by the City Attorney’s Office) and expenses, including investigation fees and expert witness fees, in addition to any other relief to which that party may be entitled, in any legal action or other proceeding, including an action for declaratory relief, for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement.
35. Notice. Except as otherwise required by law, a notice or communication authorized or required by this Agreement shall be in writing and shall be deemed received —on (a) the day of delivery if delivered by hand or overnight courier service during City’s regular business hours or (b) the third business day following deposit in the United States mail, postage prepaid—to the addresses listed as “(10) Addresses for Notice” on the Cover Page or at such other address as one party may notify the other in writing.
36. Counterparts. This Agreement may be executed in one or more counter parts, each of which shall be deemed to be an original and all of which, when taken to gether, shall be deemed to be one and the same agreement.
A signed copy of this Agreement transmitted by email to Project Managers’ emails listed in “(11) Contact Emails” on the Cover Page or by other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes.
37. Severability. If any term or portion of this Agreem ent is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
38. Iran Contracting Act Certification. In accordance with Public Contract Code Section 2200 et seq., the City requires that any person that submits a bid or proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or services of one million dollars ($1,000,000) or more, must certify at the time an Agreement is signed or renewed, that the person is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable. The form of such Iran Contracting Ce rtificate is included with this Agreement and must be signed and dated under penalty of perjury.
[Signatures on next page]
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IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the date that is written as “(1) Agreement Start Date” on the Cover Page.
CITY OF OXNARD MNS ENGINEERS, INC.
☒ John C. Zaragoza, Mayor1 Date James A. Salvito 2 D a t e ☐ Alexander Nguyen, City Manager President and Chief Executive Officer ☐ Daniel Willhite, Purchasing Manager
☐ , B u y e r
M i r a n d a C . P a t t o n D a t e
Secretary
A T T E S T :
Rose Chaparro, Date
Clerk (only if Mayor signs)
APPROVED AS TO FORM:
Stephen M. Fischer, City Date
Attorney (always required)
1 The City Council must authorize and the Mayor must sign any agreement over $200,000 annually. The City Manager may authorize and sign any agreement over $100,000 but up to $200,000 annually. The Purchasing Manager may authorize and sign any agreement up to $100,000 annually. A Buyer may authorize and sign any agreement up to $25,000 annually.
2 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC; 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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SCOPE OF SERVICES EXHIBIT
SERVICE GROUP CATEGORY 1
ROADWAY AND STRUCTURES ENGINEERING
Road Engineering : Consultant shall provide Road Engineering services, support and expertise including but not limited to the following: roadway design, drainage systems design, utility identification and relocation, independent checks of roadway design and quantities, project budgeting, and finally project scheduling. Consultant’s technical and administrative approach should be consistent with appropriate County, State and Federal standards.
Structures Engineering: Consultant shall provide Structures Engineering services, support and expertise including but not limited to the following: bridge, culvert, overcrossing, overpass, drainage systems, retaining wall, or any similar type of structure. In most cas es, the structures portion of any project is part of a larger project. On rare occasions, a structure will be a separate project.
Subcategory 1.1 – Pavement
Perform roadway asphalt pavement structural section evaluation, and design recommendations for proper application of surface treatment, su rface rehabilitation methods as well as full depth reconstruction. These methods may include fog seal, microsurfacing, scrub seal, or asphalt concrete overlay and material testing.
Consultant shall submit written reports and recommendations.
Subcategory 1.2 – Structures
Perform structural engineering evaluation and calculations, and provide design recommendations for loading, reinforcement, material type, strength and structures testing. Consultant shall submit written reports and recommendations.
Subcategory 1.3 – Quality Control/Quality Assurance
Perform quality control/quality assurance reviews in conformance with the Caltr ans ready to list guide procedures. This process may includ e plan, specification, and estimate (P S&E) comparisons to ensure the PS&E package is biddable and buildable. Consultant shall submit written reports documenting comments and responses to comments. Further coordination may be required on a project by project basis; emphasis will be placed on the current Caltrans standard pl ans and specifications and “Greenbook” Standard Specifications for Public Works Construction and Standard Plans for Public Works Construction.
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SCOPE OF SERVICES EXHIBIT
SERVICE GROUP CATEGORY 3
UTILITY ENGINEERING
Utility Engineering services may include but not be limited to planning, policy & regulations, feasibility studies, hydraulic modeling, design, documentation, and construction management for the following:
Water Distribution
o Pump stations
o Pipelines
Water Treatment
o Desalter groundwater treatment
Water Production
o Wells
o Blending stations
Wastewater Collection
o Gravity sewer lines
o Manholes
o Lift Stations
o Force mains
Wastewater Treatment
o Plant hydraulics
o Odor control
o Optimization
o Cogen
Advanced Water Purification
o RO membrane treatment
o Regulatory compliance
o Distribution
o Groundwater recharge
Storm Water Collection
Chemical storage and dosing
Pumps (water distribution, sewer lift stations, chemical dosing) Motors (Electrical, diesel, and natural gas)
Material specification
Electrical
o Panels
o Loading
o Standby Power
o Variable frequency drives
SCADA
o PLCs
o Equipment Specification
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RATES AND COSTS EXHIBIT
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INSURANCE EXHIBIT INS-A
INSURANCE REQUIREMENTS FOR CONSULTANTS
(WITH ERRORS AND OMISSIONS REQUIREMENT)
1. Consultant shall obtain and maintain during the performance of any services under this Agreement the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of ser vices hereunder by Consultant, its agents, representatives, employees or subconsultants.
a. Commercial General Liability Insurance, in cluding Contractual Liability, in an am ount not less than $1,000,000 combined single limit for bodily injury and property damage for each claima nt for general liability with co verage equivalent to Insuranc e Services Office Commercial General Liability Coverage (Occurren ce Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project or shall be twice the occurrence amount;
b. Business automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office automobile liability coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;”
c. Professional liability/errors and omissions insurance appropriat e to Consultant’s profession to a minimum coverage of $1,000,000, with neither Consultant nor listed subconsultants having less than $500,000 individually. The professional liability/errors and omissions insurance must be project specific with at least a one year extended reporting period, or longer upon request.
d. Workers’ compensation insurance in compliance with the laws of the State of California, and employer’s liability insurance in an amount not less than $1,0 00,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.
2. Consultant shall, prior to performance of any services, file w ith the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-A. The certificates and endorse ments for each insurance policy ar e to be signed by a person authorized by that insurer to bind cove rage on its behalf. The certificates and endorsements are to be o n the attached forms or on other forms approved by the Risk Manager. All certificates a nd endorsements are to be received and approv ed by the Risk Manager before commencement of services. City rese rves the right to require complete certified copies of all requi red insurance policies at any time. The certificates of insurance an d endorsements shall be sent via email (or fax if necessary) t o the Risk Manager, addressed as follows (do not send hard copies):
City of Oxnard
Insurance Compliance
Reference No. A-8405
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007
3. Consultant agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled, or reduced in co verage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.
4. Consultant agrees that the commercial general liability and busine ss automobile liability insurance policies shall be endorsed to name City, its City Council, officers, employees, agents and volunteers as additiona l insureds as respects: liability arisi ng out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied o r used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees, agents and volunteers. The General Liability Special Endorsement Form and Automobile Li ability Special Endorsement Form attached to this Exhibit INS-A or substitute 158
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forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).
5. The coverages provided to City shall be primary and not contribu ting to or in excess of any existing City insurance or self- insurance coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failu re to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately t o each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
6. The insurer shall declare any deductibles or self-insured retentions to and be approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, i ts City Council, officers, employees and volunteers, or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
7. All insurance standards applicable to Consultant shall also be applicable to Consultant's subconsultants. Consultant agrees to maintain appropriate agr eements with subconsultants and to provide proper evidence of coverage upon receipt of a written reques t from the 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 yo ur preparation and submission of certificates of insur ance.
You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as show n 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 polic y. Modifying the certificate does not chan ge coverage or obligate the carrier to provide notice of cancellation.
Endorsement Forms
Original endorsements are required for commercial general liab ility and business automobile liability insurance policies and mu st be attached to the applicable certificate of insurance. City preference is that the Consultant/insurer use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the sample accord form.
v2MNS Engineers A-8405 Professional Services Agreement
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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.
CODE SUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE
INSURED COMPANY
LETTER A SPECIFY COMPANY NAMES IN THIS SPACE
COMPANY
LETTER
B
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELO W HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CO NDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO
WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSUR ANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY
NUMBER
POLICY
EFFECTIVE
DATE
(MM/DD/YY)
POLICY
EXPIRATION
DATE
(MM/DD/YY)
LIMITS
A
GENERAL LIABILITY
[x] COMMERCIAL GENERAL
LIABILITY [ ] CLAIMS
MADE [x] OCCUR.
[x] OWNER'S &
CONTRACTOR'S PROT.
GENERAL AGGREGATE
$1,000,000
PRODUCTS COMP/OP AGG . $1,000,000
PERSONAL & ADV. INJURY $1,000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $
A
AUTOMOBILE LIABILITY
[x] ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
COMBINED SINGLE
$1,000,000
LIMIT
BODILY INJURY
$
(Per person)
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $
A
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA
FORM
EACH OCCURRENCE
$
AGGREGATE $
A
WORKERS'
COMPENSATION
AND
EMPLOYERS' LIABILITY
STATUTORY LIMITS
EACH ACCIDENT $1,000,000
DISEASE-POLICY LIMIT $1,000,000
DISEASE-EACH EMPLOYEE $1,000,000
A
OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession
Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
CERTIFICATE HOLDER
CITY OF OXNARD
Attn: Insurance Compliance
Reference No. A-8405
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE
TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
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GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which) NAMED INSURED APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
COMPREHENSIVE GENERAL LIABILITY
OWNERS & CONTRACTORS PROTECTIVE
Claims Made
Retroactive Date
Occurrence
OTHER PROVISIONS
COVERAGES
LIABILITY LIMITS IN THOUSANDS $
EACH OCCURRENCE AGGREGATE
GENERAL
PRODUCTS/COMPLETED
OPERATIONS
PERSONAL & ADVERTISING INJURY
FIRE DAMAGE
CLAIMS: Underwriter’s representative for claims pursuant to this insurance.
Name:
Address:
Telephone: ( )
In consideration of the premium charged a nd notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of 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 insurance as respects the Cit y, 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 ma intained 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 co mpany’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 a s 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 covera ge provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or b. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.
Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or excl usions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD
Attn: Insurance Compliance
Reference No. A-8405
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007
AUTHORIZED REPRESENTATIVE
Broker/Agent Underwriter
I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.
Signature
(original signature required)
Telephone: ( ) Date Signed:
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AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which) NAMED INSURED APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE 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 bodil y injury and property damage.
In consideration of the premium charged and notwithstanding any in consistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of 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 insurance as respects the Cit y, 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 ins urance 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 co mpany’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 a s 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 covera ge provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or b. If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1) .
Except as stated above nothing herein shall be held to waive, al ter 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
Attn: Insurance Compliance
Reference No. A-8405
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007
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 B
PREVAILING WAGE EXHIBIT
1. The Project defined in the Agreement between City and Contractor is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and this Agreement is subject to Chapter 1 and the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. Contractor shall perform the Project as a public work. Contractor 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 with the Project Coordinator at City Hall and will be made available to any interested party on request. They are also available at http://www.dir.ca.gov/Public- Works/Prevailing-Wage.html. Contractor shall post such rates at each job site covered by this Agreement.
3. Contractor is required to post job site notices, as prescribed by regulation. See Labor Code Section 1771.4(a)(2).
4. Contractor 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. Contractor 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 Contractor or any subcontractor. The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.
5. Contractor shall comply with Labor Code Section 1776, which requires Contractor 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.
6. Contractor 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. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Before commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days of the Agreement Ending Date listed in (6) of the Cover Page or the conclusion of the Project, whichever happens later, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
7. Contractor shall not be debarred or suspended throughout the duration of this Agreement pursuant to Labor Code Section 1777.1 or 1777.7. If Contractor becomes debarred or suspended throughout the duration of the Agreement, Contractor shall immediately notify City.
8. Contractor is not qualified to bid on, be listed in a Bid, or engage in the performance of any contract for public work, as defined in LC Sections 1720 through 1861, unless currently registered and qualified to perform public work pursuant to LC Section 1725.5. Contractor shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the Agreement’s term. 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. Contractor acknowledges that 8 hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Section 1810.
10. Contractor shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit $25 for each worker employed in the performance of this Agreement by Contractor 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 Contractor’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 1½ times the basic rate of pay.
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11. The Project listed in the Agreement is subject to compliance monitoring and enforcement by the DIR.
12. Contractor 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. Contractor 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. Contractor 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, Contractor shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent, Contractor shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify City, its legislative bodies, and its officials, officers, employees, agents, successors and assigns 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 Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of Contractor under this Section shall survive Agreement termination.
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IRAN CONTRACTING ACT CERTIFICATION
(TO BE EXECUTED AND SUBMITTED WITH THE AGREEMENT)
Public Contract Code Sections 2202-2208
Pursuant to Public Contract Code 2204.(a) A public entity shall require a person that is submits a bid or proposal to, or other wise proposes to enter into or renew a contract with, a public entity with respect to a contract for goods or services of one millio n dollars ($1,000,000) or more to certify, at the time an Agreement is signed or renewed, that the person is not identified on a list cre ated pursuant to subdivision (b) of Section 2203 as a person engagi ng in investment activities in Iran described in subdivision (a) of Section 2202.5 or as a person described in subdivision 9b) of Section 2202.5, as applicable.
To comply with this requirement, please insert your comp any/entity and Federal ID number (if available) and complete one of the options below. Please note, California law established penaltie s for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made, contract termination and three-year ineligibility to bid on contract in accordance with Public Contract Code section 2205.
OPTION No.1 – CERTIFICATION
I, the official named below, certify I am duly authorized to ex ecute this certification on behalf of the company/entity identified below, and the company/entity identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in cr edit to another person or entity , for 45 days or more, if that other person or company/entity will use the credit to provide goods or services in the energy sector in I ran and is identified on the current list of persons engaged in investment activities in Iran created by DGS in accordance with subdivisio n (b) of Public Contract Code 2203.
Company Name/Financial Institution (printed): Federal ID Number (or n/a):
By (Authorized Signature):
_____________________________________________
Printed Name & Title of Person Signing: Date Executed
_____________________________________________ __________________________
Executed in the County of________________________________ in the State of ___________________
OPTION No.2 – EXEMPTION
Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be elig ible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services. If you have obtained an exemption from the certification requirement under the Iran Contracti ng Act, please fill out the information below and attach documentation demonstrating the exemption approval.
Company Name/Financial Institution (printed): Federal ID Number (or n/a):
_____________________________________________ __________________________ By (Authorized Signature):
_____________________________________________
Printed Name & Title of Person Signing: Date Executed
____________________________________________ ________________________
Executed in the County of_____________________________________ in the State of ____________ 166
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AGREEMENT FOR PROFESSIONAL SERVICES
COVER PAGE
(1) Agreement Start Date: February 1, 2022
(2) Consultant: Kimley-Hor n and Associates, Inc.
(3) Services: On-Call Roadway and Structures Engineering and On-Call Traffic Engineering Services. (4) Schedule of Services: The services must be complete d within three (3) years of the Agreement Start Date listed above.
(5) Agreement Ending Date: January 31, 2025
(6) Total Agreement Amount: The Total Agreement Amount shall not exceed $1,000,000 during the three (3) year Contract Term.
(7) City’s Project Manager: Tatiana Arnaout, P.E., City Engineer (8) Consultant’s Project Manager: Sri Chakravarthy, P.E., T.E. (9) Insurance Coverage: INS-A
(10) Addresses for Notice:
FOR CONSULTANT: FOR CITY:
Kimley-Horn and Associates, Inc. City of Oxnard, Public Works Engineering 660 South Figueroa Street, Suite 2050 305 West Third Street, 2 nd Floor East
Los Angeles, CA 90017 Oxnard, CA 93030
Attn: Sri Chakravarthy, P.E., T.E. Attn :Tatiana Arnaout, P.E., City Engineer (11) Contact Emails:
CONSULTANT’S PROJECT MANAGER: CITY’S PROJECT MANAGER:
[email protected] [email protected]
The Agreement for Professional Services is attached hereto and incorporated herein by this reference. The following exhibits are also attached hereto and incorporated herein by this reference into the Agreement:
☒ Scope of Services Exhibit
☒ Rates and Costs Exhibit
☒ Insurance Exhibit (INS-A)
☒ Prevailing Wage Exhibit
☒ Iran Contracting Act Certification (Consultant signature required)
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AGREEMENT FOR PROFESSIONAL SERVICES
THIS
AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is entered into in Ventura County, California, on the date that is written as “(1) Agreement Start Date” on the Cover Page, which is attached hereto and incorporated herein by this reference. This Agreement is entered by and between the City of Oxnard (“City”) and the person or entity listed as “(2) Consultant” on the Cover Page, subject to the following terms and conditions:
1. Scope of Services. Consultant shall provide to City the services listed as “(3) Services” on the Cover Page (the “Services”). Consultant shall provide the Services during the term of this Agreement, as set forth below, according to the schedule written as “(4) Schedule of Services” on the Cover Page, and as further explained in the Scope of Services Exhibit, which is attached hereto and in corporated herein by this reference. In the event of any conflict between the terms of this Agr eement and any incorporated document(s), the terms of this Agreement shall control.
2. Standard of Performance. Consultant shall undertake and complete the Services to conclusion using the standard of care, skill and diligence normally provided by a professional person in the performance of similar consulting services.
3. Correction of Errors. Consultant sha ll correct, at its expense, all er rors which may be disclosed during review of the Services. Should Consultant fail to make such correction in a reason ably timely manner, such correction shall be made by City, and the cost thereof shall be paid by Consultant.
4. Term. This Agreement shall begin on the date that is written as “(1) Agreement Start Date” on the Cover Page and shall end on the date that is written as “(5) Agreement Ending Date” on the Cover Page. Time is of the essence in this Agreement.
5. Compensation. For the Services performed during the term of this Agreement, City shall pay Consultant an amount not to exceed the amount that is listed as “(6) Total Agreement Amount” on the Cover Page, at the rates listed in Rates and Costs Exhibit, attached hereto and incorporated herein by this reference. The rates in Rates and Costs Exhibit shall be in effect through the en d of this Agreement. Exce pt as otherwise expressly provided in this Agreement, City shall not be responsible for expenses incurred by Consultant in performing the Services.
6. Invoices. Consultant shall submit a payment request to City by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month. Each invoice must also list the current balance on the Agreement, incl uding that invoice, as well as the months remaining on the term of the Agreement. Invoices may be emailed to: [email protected].
7. Acceptance of Payment. Consultant ’s acceptance of final payment made pursuant to this Agreement shall constitute a release of City from all claims and liabilities for compensation to Consultant for anything completed, finished or relating to the Services. City’s payment shall not constitute nor be deemed a release of the responsibility and liability of Consultant for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by City for any defect or error in the Services performed by Consultant and its employees, agents and subcontractors. Consultant shall provide City with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the Services performed by Consultant or materials or products provided to City by Consultant, Consultant shall pay the sales tax. City shall not reimburse Consultant for sales taxes paid by Consultant.
8. Non-Appropriation of Funds. Payments to be made to Consultant by City for the Services performed within the current fiscal ye ar are within the current fi scal budget and within an available, unexhausted and unencumbered appropriation of City. In the event City does not appropriate sufficient funds for payment of the Services beyond the current fiscal y ear, this Agreement shall cover paym ent for the Services only up to the 168
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conclusion of the last fiscal year in which City appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.
9. Coordination of Services. The Services shall be co ordinated with the person in the position listed in “(7) City’s Project Manager” on the Cover Page, subject to the direction of the City Manager and Department Director. Consultant hereby designates the person in the position listed in “(8) Consultant’s Project Manager” on the Cover Page as the person responsible for the Services who shall coordinate with City’s Project Manager in making binding decisions in line with this Agreement on behalf of Consultant.
10. Personnel. Consultant represents that it has, or shall secure at its own expense, all personnel required to perform the Services. Any person who performs engineering services pursuant to this Agreement shall be licensed as a Civil Engineer by the State of California and in good standing. Consultant shall make reasonable efforts to maintain the continuity of Consultant’s staff who are as signed to perform the Services. Consultant may associate with or employ associates or subcontr actors in the performance of the Servi ces, but at all times shall Vendor be responsible for its associates and subcon tractors’ labor, advice or materials provided in furtherance of providing the Services. Should any of Consultant’s employees, assigns or subcontractors not conduct him- or herself appropriately, as determined by the C ity’s Project Manager, in the process of providing the Services or any portion thereof, the City’s Project Manager may notify the Consultant’s Project Manager, who shall immediately handle the problem, as determined appropriate by him or her, such that the problem does not persist.
11. Additional Work. City may request additional specified work under this Agreement. The City’s Project Manager must authorize all such work in writing before commencement. Consultant shall perform such work, and City shall pay for such additional work, in accord ance with Rates and Costs Exhibit. Should the work not fall under any such listed rate or cost, Consultant shall submit a quote for all additional work, which the City’s Project Manager must approve in writing before any such work may commence. The City shall compensate Consultant for any work that does not fall under a rate or cost listed in the Rates and Costs Exhibit, and for which Consultant did not obtain the City’s Project Manager’s written approval before work commenced, as determined by the City’s Project Manager in his or her sole discretion.
12. Audit. City shall have the option of inspecting, auditing and/or reproducing all records and other written materials used by Consultant in preparing its billings to City as a condition precedent to any payment to Consultant. Consultant will promptly furnish all documents requested by City. Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit Consultant for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, Consultant shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement. Consultant shall include a copy of this Section 12 in all contracts with its subcontractors, and Consultant shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or City.
13. Termination. City may terminate this Agreement at any time, with or without cause and without penalty, upon 15 days prior written notice. Such termination shall be effective on the date specified in the notice, or if no date is specified, then 10 calendar days from the date of delivery or mailing of such notice. Consultant may terminate this Agreement at any time, with or without ca use and without penalty, upon 30 days prior written notice.
Such termination shall be effective on the date specified in the notice, or if no date is specified, then 10 calendar days from the date of delivery or mailing of such notice and only if all assignments accepted by Consultant have been completed before the date of termination. In the event of termination of this Agreement by either party due to no fault or failure of performance by Consultant, City shall pay Consultant compensation for all Services satisfactorily completed in accordance with all of the terms and provisions of this Agreement, as determined by the City, before the effective date of termination; provid ed, in no event shall the Consultant receive an amount exceeding that which would have been paid to Consultant for the full performance of the Services.
14. Hold Harmless, Defense and Indemnity.
If Consultant provides any architectural, landscape architectural, engineering or land surveying (“design professional”) services, to the maximum extent permitted by law, Consultant shall hold harmless, defend, and 169
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indemnify City, its legislative and advisory bodies, and th e City’s officials, director s, officers, employees, and agents (collectively, “Indem nitees”) from and against any and all claims, demands, causes of action, damages, injuries, liabilities, losses, penalties, fines, judgments, costs or expenses, including reimbursement of attorneys’ fees, court costs and costs of alternative dispute resolution, including but not limited to those relating to death or injury to any person and injury to any property (collectively, “Claims” ), to the extent that the Claims arise out of, pertain to, or relate to the negligence, recklessne ss, or willful misconduct of Consultant or of any of its officers, employees, subcontractors or agents in the performance of the Agreement or in the failure to comply with any of the obligations contained in this Agreement. Consultant’s obligation to defend is a separate and distinct obligation from Consultant’s duty to indemnify and applies through final judgment, including exhaustion of any appeals. Consultant shall be obligated to defend Indemnitees in all legal, equ itable, administrative, or special proceedings, with counsel approved by the City Attorney, to the extent required herein immediately upon tender to Consultant of the Claim in any form or at any stage of an action or proceeding. The defense obligation includes the obligation to provide independent defense counsel if Consultant asserts that the liability is caused in whole or in part by the negligence or willful misconduct of any of the Indemn itees. Notwithstanding any other provision, in no event shall the cost to defend charged to Consultant exceed Consultant’s proportionate percentage of fault.
If Consultant provides no design professional services, to the maximum extent permitted by law, Consultant shall hold harmless, defend and indemnify the Indemnitees from and against any and all Claims, which arise out of, pertain to, or relate to the performance of this Agreement, or the failure to comply with any of the obligations contained in this Agreement, by Consultant or of any of its officials, directors, officers, employees, subcontractors, or agents. Consultant’s obligation to defend is a separate and distinct obligation from Consultant’s duty to indemnify and applies through final judgment, including exhaustion of any appeals. Consultant shall be obligated to defend Indemnitees in all legal, equitable, administrative, or special proceedings, with counsel approved by the City Attorney, immediately upon tender to Consultant of the Claim in any form or at any stage of an action or proceeding. The defense obligation includes the obligation to provide independent defense counsel if Consultant asserts that the liability is caused in whole or in part by the negligence or willful misconduct of any of the Indemnitees.
a. The review, acceptance or approval of Consulta nt’s work or work pr oduct by any of the Indemnitees shall not affect, relieve or reduce Consultant’s indemnification or defense obligations. This Section 14 shall survive completion of the Services or termination of this Agreement. The provisions of this Section 14 shall not be restricted by and does not affect the provisions of this Agreement relating to insurance.
15. Insurance. Consultant shall obtain and maintain during the performance of any services under this Agreement the insurance coverages listed within the insura nce document stated in “(9) Insurance Coverage” on the Cover Page and in the Insurance Exhibit, which is attached hereto and incorporated herein by this reference, unless the City’s Risk Manager waives, in writing, the requirement that Consultant obtain and maintain such insurance coverages. Consultant shall, before performance of any Services, file with the City’s Risk Manager evidence of insurance coverage as specified in “(9) Insurance Coverage” on the Cover Page and in the Insurance Exhibit.
Maintenance of insurance coverages by Consultant is a material element of this Agreement. Consultant’s failure to maintain or renew insurance coverages or to provide renewal evidence, and any lapse in insurance coverage, may be considered a material breach of this Agreement.
16. Documents and Materials.
a. All final computations, exhibits, files, plans, correspondence, reports, drawings, designs, data, photographs, specifications, information, images, video files, media, or other deliverable s prepared, created, drawn, calculated, photographed or developed by Consultant pursuant to this Agreement (“Documents and Materials”) shall be the City’s property without restriction or limitation upon its use, duplication or dissemination. All Documents and Materials shall be considered “works made for hire,” a nd all Documents and Materials and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the City without restriction or limitation upon their use, duplication or dissemination by the City. Consultant shall not obtain or attempt to obtain copyright protection as to any Documents and Materials. Consultant hereby assigns to the City all ownership and any and all intellectual property rights to the Documents and Materials that are not otherwise vested in the City pursuant to this Section 16. 170
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b. Consultant shall deliver all Documents and Materials to City’s Project Manager upon completion of the Services or termination of this Agreement with out additional cost or expense to the City. Additionally, anytime at City’s request, City shall be entitled to posse ssion of, and Consultant shall furnish to City’s Project Manager within 10 calendar days, any or all of the Documents and Materials without additional cost or expense to the City. In both situations, if Consultant prepares Documents and Materials on a computer, Consultant shall provide City with said Documents and Materials both in a printed format and in an electronic format that is acceptable to the City. Consultant may retain copies of these Documents and Materials but must request permission from the City before use, duplication or dissemination of these Documents and Materials for any purpose other than for the Services provided to the City pursuant to this Agreement.
c. Any substantive modification of the Documents and Materials by City staff or any use of the completed Documents and Materials for other City projects, or any use of incomplete Documents and Materials, without the written consent of Consultant, shall be at City ’s sole risk and without liability or legal exposure to Consultant.
d. Consultant warrants and represents that it ha s secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Documents and Materials, and that the City has full legal title to and the right to use, duplicate or disseminate the Documents and Materials.
Consultant shall defend, indemnify and hold Indemnitees harmless from any loss, claim or liability in any way related to a claim that City’s use of any of the Documents and Materials is violating federal, state or local laws, any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the services and Documents and Materials. In the event the use of any of the Documents and Materials by the City is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its own expense, shall: secure for City the right to continue using the Documents and Materials by suspension of any injunction, or by procuring a license or licenses for City; or modify the Documents and Materials so that they become non-infringing while remaining in compliance with the requirements of this Agreement.
e. This Section 16 shall survive the termination of this Agreement.
17. Confidentiality of Information.
a. For the purposes of th is Agreement, “Confidential Information” means all information, in whatever form transmitted, relating to the past, present or future bus iness affairs of the City, including without limitation, (i) technical information, including patent, copyright, trade secret, and other proprietary information, techniques, sketches, drawings, models, inventions, processes, apparatus, equipment, algorithms, software programs, software source documents, and formulas; or (ii) non-technical information, including without limitation finances, financial and accounting data and information, suppliers, customers, customer lists, purchasing data and any other information belonging to the City or to a third party whose information is in the City’s possession or control under obligations of confidentiality, and which is disclosed to Consultant or is developed by Consultant in whole or in part at the City’s expense.
b. All Documents and Materials shall be considered Confidential Information and shall not be reproduced, transmitted, disclosed or used by the Consulta nt without the written consent of the City, except as may be necessary for Consultant to fulfill its obligations to the City.
c. Notwithstanding the above, these limitations shall not apply to information that (i) is already known to Consultant at the time of that information’s disclosure or becomes publicly known through no wrongful act or omission of Consultant, (ii) is communicated to a third pa rty with the express written co nsent of City and is not subject to restrictions on further use or disclosure, (iii) is independently developed by Consultant and has no relation to this Agreement, or (iv) is required by law, court order, court-issued subpoena or other legal process to be 171
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disclosed; provided, however, that before making such disclosure, Consultant shall immediately provide City with written notice and a reasonable opportunity for City to object to the disclosure or to take action to maintain the confidentiality of the information, unless such prior disclosure is legally impermissible.
d. Consultant shall use reasonable care to protect the Confidential Information. In the event of a breach or threatened breach of this Agreement, City shall be en titled to obtain an injunction prohibiting any such breach, the costs of which shall be paid by Consultant. Any relief gran ted shall be in addition to and not in lieu of any other legal or equitable relief, including money damages. The parties acknowledge that Confidential Information is valuable and unique and that disclosure of the Confiden tial Information in breach of this Agreement may result in irreparable injury to the City.
e. Other than an obligation upon the City to deal in good faith, the City makes no warranties and shall bear no liability or responsibility for errors or omissi ons in any Confidential Information disclosed under this Agreement or for any business decisions made by Consultant in reliance on any Confidential Information disclosed under this Agreement.
f. This Section 17 shall survive the termination of this Agreement.
18. Independent Contractor. Consultant is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its employees or agents shall have control over the conduct of Consultant or any of its employees, except as stated in this Agreement. Consultant has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting Consultant, and it is free to dispose of all portions of its time which it is not obligated to devote to City in such a manner and to such persons, firms, or corporations as Consultant wishes except as expressly provided in this Agreement. This Agreement shall not be interpreted to pr event or preclude Consultant from rendering any services for Consultant’s own account or to any other person or entity as Consultant in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services Consultant shall perform for the City. Except as City’s Project Manager specifies in writing, Consultant and its employees and agents have no authority, express or implied, to act on behalf of City in any capacity, to incur any debt, obligation or liability on behalf of City, bind City in any manner, or otherwise act on behalf of City as an agent. Consultant and its employees are not employees of City. Co nsultant and its employees are not entitle d to receive from City any of the benefits or rights afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long-term disability and workers’ compensation insurance benefits. C onsultant shall not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, an d interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall be solely responsible for, and shall save City harmless from, all matters relating to the paym ent of Consultant’s subcontractors, material suppliers, directors, officers, em ployees, agents and representatives, including co mpliance with social security requirements, federal and State income tax withholding, and all other regulations governing employer-employee relations, as applicable. City shall have the right to offset against the amount of any compensation due to Consultant under this Agreement any amount due to City from Consultant as a result of its failure to promptly pay to City any reimbursement or indemnification arising under this Section 18.
19. Nondiscriminatory Employment. Consultant shall not unlawfully discriminate against any individual based on race, color, religion or re ligious creed, national origin, ancestry , ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status. Consultant understands and agrees th at it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, Consultant shall be responsible for such subcontractor’s compliance with this Section 19.
20. Consultant’s Representations. Consultant represents, covenants and guarantees that: a) Consultant is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the Services in 172
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accordance with the terms and conditions set forth in this Agreement; b) ther e are no obligations, commitments, or impediments of any kind that will limit or prevent Consu ltant’s full performance under this Agreement; c) to the extent required by the standard of practice, Consultant has investigated and considered the scope of Services performed, has carefully considered how the Services should be performed, and understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement.
21. Compliance with Laws. In performing the Services under this Agreement, Consultant shall comply with all applicable laws, ordinances and regulations. Before providing any Services under this Agreement, Consultant shall, at its own expense, obtain and maintain all required certificates, licenses and permits, including a City business tax certificate.
22. Conflict of Interest. If, in performing the Services set forth in this Agreement, Consultant makes, or participates in, a “governmental decision” as described in Title 2, Section 18701(a)(2) of the California Code of Regulations, or performs the same or substantially all the same duties for City that would otherwise be performed by a City employee holding a position specified in City's conflict of interest code, Consultant shall be subject to City's conflict of interest code, the requirements of which in clude the filing of one or more statements of economic interests disclosing the relevant financial interests of Consultant's personnel providing the Services set forth in this Agreement. Furthermore, Consultant shall not to accept an y employment or representation during the term of this Agreement or within 12 months after completion of th e Services which is or may likely make Consultant “financially interested,” as provided in California Government Code Sections 1090 and 87100, in any decisions made by City on any matter in connection with which Consultant has been retained pursuant to this Agreement.
23. Fictitious Name. If Consultant has a fictitious name, Consultant shall submit to City a new Fictitious Business Name Statement approved by any California county before Consultant’s prior Fictitious Business Name Statement expires if such expiration may occur during the term of this Agreement, including any term amendment.
24. Non-Assignability. This Agreement contemplates pers onal performance by Consultant and is based upon a determination of Consultant’s personnel’s unique competence, experience and specialized personal knowledge. Consultant shall not assign or transfer any interest in this Agr eement or any part thereof, whether by assignment or novation, without City’s prior written consent, which may be withheld for any reason or for no reason at all. Any purported assignment without written consent sha ll be null, void, and of no effect, and Consultant shall hold harmless, defend and indemnify Indemnitees from and against all Claims arising from or relating to any unauthorized assignment.
25. Successors and Assigns. This Agreement shall be bind ing upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of Consultant.
26. Applicable Law; Venue. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California, excluding California’s choice of law rules.
Venue for any such action relating to the Agreement shall be in the Ventura County Superior Court.
27. Titles. The titles used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it.
28. Force Majeure. Neither City nor Consultant shall be responsible for delays or failures in performance resulting from acts beyond the control of either party. Such acts shall include but are not be limited to acts of God, riots, acts of war, epidemics, fire, earthquakes, or other disasters.
29. Authority. Any person executing this Agreement on behalf of Consultant warrants and represents that s/he has the authority to execute this Agreement on behalf of Consultant and to bind it to the performance of these obligations.
30. Binding Agreement. The parties do not intend this Agreement to be binding upon them and shall not be held liable to its terms until it is fully executed by all required signers.
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31. Integration; Amendment. This Agreement, includ ing any other documents incorporated herein by specific reference, constitutes the entire and integrated ag reement of City and Consultant regarding the subject matter described herein. This Agreement supersedes all prior oral or written communications, negotiations, representations, agreements and promises. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing, signed by both parties, that expressly refers to this Agreement.
32. Construction. In the event of any asserted ambiguity in or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of construction providing for interpretation against the party who causes the uncertainty to exist or who drafted the Agreement in whole or in part.
33. No Waiver. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of an y other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default that may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.
34. Attorneys’ Fees. The prevailing party shall be entitle d to recover reasonable costs, attorneys’ fees (including the reasonable value of the services rendered by the City Attorney’s Office) and expenses, including investigation fees and expert witness fees, in addition to any other relief to which that party may be entitled, in any legal action or other proceeding, including an action for declaratory relief, for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement.
35. Notice. Except as otherwise required by law, a notice or communication authorized or required by this Agreement shall be in writing and shall be deemed received —on (a) the day of delivery if delivered by hand or overnight courier service during City’s regular business hours or (b) the third business day following deposit in the United States mail, postage prepaid—to the addresses listed as “(10) Addresses for Notice” on the Cover Page or at such other address as one party may notify the other in writing.
36. Counterparts. This Agreement may be executed in one or more counter parts, each of which shall be deemed to be an original and all of which, when taken to gether, shall be deemed to be one and the same agreement.
A signed copy of this Agreement transmitted by email to Project Managers’ emails listed in “(11) Contact Emails” on the Cover Page or by other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes.
37. Severability. If any term or portion of this Agreem ent is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
38. Iran Contracting Act Certification. In accordance with Public Contract Code Section 2200 et seq., the City requires that any person that submits a bid or proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or services of one million dollars ($1,000,000) or more, must certify at the time an Agreement is signed or renewed, that the person is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable. The form of such Iran Contracting Ce rtificate is included with this Agreement and must be signed and dated under penalty of perjury.
[Signatures on next page]
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IN WITNESS WHEREOF, the parties hereto have executed the Agreement on the date that is written as “(1) Agreement Start Date” on the Cover Page.
CITY OF OXNARD KIMLEY-HORN AND ASSOCIATES, INC.
☒ John C. Zaragoza, Mayor1 Date Gregory S. Kyle, AICP 2 D a t e ☐ Alexander Nguyen, City Manager Senior Vice President ☐ Daniel Willhite, Purchasing Manager
☐ , B u y e r
S r i k a n t h C h a k r a v a r t h y , P E 7 3 6 2 9 D a t e Assistant Secretary
A T T E S T :
Rose Chaparro, City Date
Clerk (only if Mayor signs)
APPROVED AS TO FORM:
Stephen M. Fischer, City Date
Attorney (always required)
1 The City Council must authorize and the Mayor must sign any agreement over $200,000 annually. The City Manager may authorize and sign any agreement over $100,000 but up to $200,000 annually. The Purchasing Manager may authorize and sign any agreement up to $100,000 annually. A Buyer may authorize and sign any agreement up to $25,000 annually.
2 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC; 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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SCOPE OF SERVICES EXHIBIT
SERVICE GROUP CATEGORY 1
ROADWAY AND STRUCTURES ENGINEERING
Road Engineering: Consultant shall provide Road Engineeri ng services, support and expertise including but not limited to the following: roadway design, drainage systems design, utility identification and relocation, independent checks of roadway design a nd quantities, project budgeting, and finally project scheduling. Consultant’s technical and administrative approach should be cons istent with appropriate County, State and Federal standards.
Structures Engineering: Consultant shall provide Structures Engineering services, support and expertise including but not limited to the following: bridge, culvert, overcrossing, overpass, drainage systems, retaining wall, or any similar type of structure. In most cases, the structures portion of any project is part of a larger project. On rare occasions, a structure will be a separate project.
Subcategory 1.1 – Pavement
Perform roadway asphalt pavement structur al section evaluation, and provide design recommendations for proper application of surf ace treatment, surface rehabilitation methods as well as full depth reconstruction. These methods may include fog seal, microsurfacing, scrub seal, or asphalt concrete overlay and material testing. Consultant required to submit written reports and recommendations.
Subcategory 1.2 – Structures
Perform structural engineering evaluation and calculations, and provide design recommendations for loading, reinforcement, material type, strengt h and structures testing. Consultant required to submit written reports and recommendations.
Subcategory 1.3 – Quality Control/Quality Assurance
Perform quality control/quality assurance reviews th at conform to the Caltrans ready to list guide procedures. This process may include plan, specification, and estimate (PS&E) comparisons to ensure the PS&E package is biddable and buildab le. Consultant is to submit written reports documenting comments and responses to comments. Further coordination may be required on a project by project basis; emphasis will be pl ace on the current Caltrans standard plans and specifications and “Greenbook” Standard Specifi cations for Public Works Construction and Standard Plans for Public Works Construction.
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SCOPE OF SERVICES EXHIBIT
SERVICE GROUP CATEGORY 2
TRAFFIC ENGINEERING
The Scope of Services for Traffic Engineering incl udes providing professional traffic engineering support and expertise in the application of Traffic Engineer ing principles and practices to enhance the safety and efficient movement of pedestrians, cyclists and vehicular traffic of people and goods.
Traffic engineering services may include but not be limited to:
● Review of new development projects, including s ite plans, public improvements, traffic impact analyses, transportation modeling, and area-wide transportation studies, and make recommendations for conditions of approval to a ddress potential traffic issues. Design and/or review plans for traffic signals, traffic control, and signing and striping. ● Design and/or review plans for modern roundabout design. ● Prepare and implement traffic signal timing a nd coordination plans and make recommendations for improving signal operations.
● Provide technical support to traffic signal maintenance staff, including traffic signal communication system trouble shooting, central system software, equipment and system design. ● Evaluate and implement intelligent transportation systems technologies. ● Review and evaluate traffic collision data and advise City staff on traffic safety issues. ● Conduct traffic safety investigations and prepare engineering reports and studies in response to citizen requests.
● Conduct engineering and traffic surveys for establishing speed limits. ● Prepare all-way stop and traffic signal warrant studies. ● Prepare feasibility studies, traffic analysis and design of modern roundabouts. ● Prepare traffic management plans for special events and provide technical support for field crews during events.
● Prepare neighborhood traffic calming and management plans. ● Plan and design bicycle and pedestrian facilities.
● Attend City Council and Planning Commission meetings, if requested.
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RATES AND COSTS EXHIBIT
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INSURANCE EXHIBIT INS-A
INSURANCE REQUIREMENTS FOR CONSULTANTS
(WITH ERRORS AND OMISSIONS REQUIREMENT)
1. Consultant shall obtain and maintain during the performance of any services under this Agreement the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of ser vices hereunder by Consultant, its agents, representatives, employees or subconsultants.
a. Commercial General Liability Insurance, in cluding Contractual Liability, in an am ount not less than $1,000,000 combined single limit for bodily injury and property damage for each claima nt for general liability with co verage equivalent to Insuranc e Services Office Commercial General Liability Coverage (Occurren ce Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project or shall be twice the occurrence amount;
b. Business automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office automobile liability coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;”
c. Professional liability/errors and omissions insurance appropriat e to Consultant’s profession to a minimum coverage of $1,000,000, with neither Consultant nor listed subconsultants having less than $500,000 individually. The professional liability/errors and omissions insurance must be with at least a one year extended reporting period, or longer upon request.
d. Workers’ compensation insurance in compliance with the laws of the State of California, and employer’s liability insurance in an amount not less than $1,0 00,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.
2. Consultant shall, prior to performance of any services, file w ith the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-A. The certificates and endorse ments for each insurance policy ar e to be signed by a person authorized by that insurer to bind cove rage on its behalf. The certificates and endorsements are to be o n the attached forms or on other forms approved by the Risk Manager. All certificates a nd endorsements are to be received and approv ed by the Risk Manager before commencement of services. City rese rves the right to require complete certified copies of all requi red insurance policies at any time. The certificates of insurance an d endorsements shall be sent via email (or fax if necessary) t o the Risk Manager, addressed as follows (do not send hard copies):
City of Oxnard
Insurance Compliance
Reference No. A-8392
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007
3. Consultant agrees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled, or reduced in co verage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endorsement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.
4. Consultant agrees that the commercial general liability and busine ss automobile liability insurance policies shall be endorsed to name City, its City Council, officers, employees, agents and volunteers as additiona l insureds as respects: liability arisi ng out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied o r used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees, agents and volunteers. The General Liability Special Endorsement Form and Automobile Li ability Special Endorsement Form attached to this Exhibit INS-A or substitute forms containing the same information and acceptable to the Risk Manager shall be used to provide the endorsements (ISO form CG 2010 11/85 or if not available, CG 2010 with an edition date prior to 01/04 and CG 2037).
5. The coverages provided to City, with the exception of 1.c Prof essional Liability, shall be primary and not contributing to or in excess of any existing City insu rance or self-insurance coverages ( this must be endorsed) . Additionally, the workers’ 179
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compensation policy shall include a waiver of all rights of subr ogation which the insurer may have against the City. Any failu re to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employ ees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
6. The insurer shall declare any deductibles or self-insured retentions to and be approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, i ts City Council, officers, employees and volunteers, or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
7. All insurance standards applicable to Consultant shall also be applicable to Consultant's subconsultants. Consultant agrees to maintain appropriate agr eements with subconsultants and to provide proper evidence of coverage upon receipt of a written reques t from the 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 yo ur preparation and submission of certificates of insur ance.
You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as show n 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 polic y. Modifying the certificate does not chan ge coverage or obligate the carrier to provide notice of cancellation.
Endorsement Forms
Original endorsements are required for commercial general liab ility and business automobile liability insurance policies and mu st be attached to the applicable certificate of insurance. City preference is that the Consultant/insurer use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the sample accord form.
v4 Kimley Horn & Assoc A-8392 Professional Services Agreement
181
Agreement No. A-8392
ACORD CERTIFICATE OF INSURANCE
ISSUE DATE (MM/DD/YY)
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
CODE SUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE
INSURED COMPANY
LETTER A SPECIFY COMPANY NAMES IN THIS SPACE
COMPANY
LETTER
B
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELO W HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CO NDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO
WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSUR ANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY
NUMBER
POLICY
EFFECTIVE
DATE
(MM/DD/YY)
POLICY
EXPIRATION
DATE
(MM/DD/YY)
LIMITS
A
GENERAL LIABILITY
[x] COMMERCIAL GENERAL
LIABILITY [ ] CLAIMS
MADE [x] OCCUR.
[x] OWNER'S &
CONTRACTOR'S PROT.
GENERAL AGGREGATE
$1,000,000
PRODUCTS COMP/OP AGG . $1,000,000
PERSONAL & ADV. INJURY $1,000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $
A
AUTOMOBILE LIABILITY
[x] ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
COMBINED SINGLE
$1,000,000
LIMIT
BODILY INJURY
$
(Per person)
BODILY INJURY $
(Per accident)
PROPERTY DAMAGE $
A
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA
FORM
EACH OCCURRENCE
$
AGGREGATE $
A
WORKERS'
COMPENSATION
AND
EMPLOYERS' LIABILITY
STATUTORY LIMITS
EACH ACCIDENT $1,000,000
DISEASE-POLICY LIMIT $1,000,000
DISEASE-EACH EMPLOYEE $1,000,000
A
OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession
Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
CERTIFICATE HOLDER
CITY OF OXNARD
Attn: Insurance Compliance
Reference No. A-8392
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007
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
182
Agreement No. A-8392
GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which) NAMED INSURED APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
COMPREHENSIVE GENERAL LIABILITY
OWNERS & CONTRACTORS PROTECTIVE
Claims Made
Retroactive Date
Occurrence
OTHER PROVISIONS
COVERAGES
LIABILITY LIMITS IN THOUSANDS $
EACH OCCURRENCE AGGREGATE
GENERAL
PRODUCTS/COMPLETED
OPERATIONS
PERSONAL & ADVERTISING INJURY
FIRE DAMAGE
CLAIMS: Underwriter’s representative for claims pursuant to this insurance.
Name:
Address:
Telephone: ( )
In consideration of the premium charged a nd notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of 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 insurance as respects the Cit y, 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 ma intained 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 co mpany’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 a s 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 covera ge provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or b. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.
Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or excl usions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD
Attn: Insurance Compliance
Reference No. A-8392
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007
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:
183
Agreement No. A-8392
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 APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered:
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE OTHER PROVISIONS
COMMERCIAL AUTO POLICY
BUSINESS AUTO POLICY
OTHER
LIMIT OF LIABILITY
CLAIMS: Underwriter’s representative for claims pursuant to this insurance.
Name:
Address:
Telephone: ( )
$ per accident, for bodil y injury and property damage.
In consideration of the premium charged and notwithstanding any in consistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of 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 insurance as respects the Cit y, 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 ins urance 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 co mpany’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 a s 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 covera ge provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or b. If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1) .
Except as stated above nothing herein shall be held to waive, al ter 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
Attn: Insurance Compliance
Reference No. A-8392
P.O. Box 100085 – OX
Duluth, GA 30096
Via Email: [email protected]
Via Fax: 678-259-1007
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
184
Agreement No. A-8392