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 / Committee Discussion / Public Comment) AGENDA
OXNARD CITY COUNCIL
PUBLIC WORKS AND TRANSPORTATION COMMITTEE
Council Chambers, 305 West Third Street
February 8, 2022
Regular Meeting - 8:30 to 10:00 PM
(Temporary Meeting Time Change)
Zoom details to call-in for public comment during a meeting:
1. Dial Phone Number: (888) 475-4499
2. Enter Meeting ID: 829 0028 0628
3. Passcode: 684604
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 public comment using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing 1 OXNARD CITY COUNCIL: PUBLIC WORKS AND TRANSPORTATION COMMITTEE February 8, 2022 - Page 2
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, FLAG SALUTE
B. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
A person may address the legislative body only on matters not appearing on the agenda and within the subject matter jurisdiction of the legislative body. Speaker requests shall be submitted as set forth on the first page of this agenda. Speakers are limited to three minutes. After 30 minutes, if all speakers have not had the opportunity to speak, the remaining speakers will be given an opportunity to speak prior to adjournment of the meeting. The legislative body cannot enter into a detailed discussion or take action on any items presented during public comments at this time. Such items may only be referred to the City Manager/Executive Director/Secretary for administrative action or scheduled on a subsequent agenda for discussion. Persons wishing to speak on public hearing items should do so at the time of the hearing.
C. CONSENT AGENDA
1. City Clerk Department
SUBJECT: Approval of Minutes.
RECOMMENDATION: That the Public Works & Transportation Committee approve the minutes of the January 25, 2022 regular meeting as presented.
Legislative Body: Public Works & Transportation Committee Contact: Rose Chaparro, (805) 385-7805
D. REPORTS
1. Public Works Department
SUBJECT: Agreement A-8422 with Pestmaster Services, L.P. to Provide Gopher Abatement Services. (0/5/5)
RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute Agreement A-8422 with Pestmaster Services, L.P. to provide gopher abatement at multiple City properties for a term of one year beginning April 1, 2022, with a maximum of two (2) one-year extensions ending March 31, 2025, and for a total contract not-to-exceed amount of $375,000.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/WWydl7GsG0o
Contact: Michael Wolfe, (805) 385-8055
2. Public Works Department
SUBJECT: Agreements for On-Call Professional Engineering Services. (0/5/5)
RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute the following on-call professional engineering agreements:
1. Agreement A-8432 with Huitt-Zollars, Inc. in the amount not to exceed $250,000 for a three year term;
2. Agreement A-8399 with Brown and Caldwell in the amount not to exceed $750,000 for a three 2 OXNARD CITY COUNCIL: PUBLIC WORKS AND TRANSPORTATION COMMITTEE February 8, 2022 - Page 3
year term;
3. Agreement A-8410 with Dudek in the amount not to exceed $1,000,000 for a three year term;
4. Agreement A-8415 with AECOM Technical Services, Inc. in the amount not to exceed $500,000 for a three year term;
5. Agreement A-8417 with Hamner, Jewell & Associates in the amount not to exceed $500,000 for a three year term;
6. Agreement A-8435 with Kier & Wright Civil Engineers and Surveyors, Inc. in the amount not to exceed $500,000 for a three year term;
7. Agreement A-8423 with Wallace Group in the amount not to exceed $500,000 for a three year term;
8. Agreement A-8416 with Pacific Coast Land Design, Inc. in the amount not to exceed $1,000,000 for a three year term;
9. Agreement A-8419 with KTU&A in the amount not to exceed $1,000,000 for a three year term;
10. Agreement A-8420 with Cumming Management Group, Inc. in the amount not to exceed $750,000 for a three year term;
11. Agreement A-8424 with CSG Consultants, Inc. in the amount not to exceed $500,000 for a three year term; and
12. Agreement A-8421 with Transtech Engineers, Inc. in the amount not to exceed $500,000 for a three year term.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/k35tuKbqZqk
Contact: Michael Wolfe, (805) 385-8055
3. Public Works Department
SUBJECT: State of California Senate Bill 619 Resolution - Notification of Intent to Comply. (0/5/5)
RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council adopt a resolution to notify the California Department of Resources Recycling and Recovery (CalRecycle) of the City of Oxnard’s intent to comply with Senate Bill 1383 (SB 1383), per the requirements of Senate Bill 619 (SB 619).
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/gwFisLD6wQ4
Contact: Michael Wolfe, (805) 385-8055
E. ITEMS FOR FUTURE AGENDAS
F. ADJOURNMENT
3 PUBLIC WORKS AND TRANSPORTATION COMMITTEE
AGENDA REPORT
CONSENT AGENDA
AGENDA ITEM NO. C.1
DATE: February 8, 2022
TO: Public Works and Transportation Committee
FROM: Rose Chaparro, City Clerk, (805) 385-7805, [email protected]
SUBJECT: Approval of Minutes.
RECOMMENDATION
That the Public Works & Transportation Committee approve the minutes of the January 25, 2022 regular meeting as presented.
BACKGROUND
Approval of Minutes.
STRATEGIC PRIORITIES
This agenda item is a routine operational item.
FINANCIAL IMPACT
There is no financial impact.
Prepared by: Rose Chaparro, City Clerk
ATTACHMENTS
1. MINUTES 01 25 2022 Public Works & Transportation
4 MINUTES
OXNARD CITY COUNCIL
PUBLIC WORKS AND TRANSPORTATION COMMITTEE
Regular Meeting
January 25, 2022
A. ROLL CALL, POSTING OF AGENDA, FLAG SALUTE
At 8:30 p.m., Chair Bert E. Perello called to order the regular meeting of the Oxnard City Council Public Works & Transportation Committee 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. Chair Bert Perello and Member Vianey Lopez were present via videoconference. Member John C. Zaragoza was present in person.
Staff members present in person were Alexander Nguyen, City Manager; Paul Early, Assistant City Attorney; and Rose Chaparro, City Clerk.
Staff members that participated via videoconference were Shiri Klima, Deputy City Manager; Michael Wolfe, Public Works Director; Badaoui Mouderres, Technical Services & Water Quality Manager ; Jan Hauser, Wastewater Division Manager; and Ray Trevino, Wastewater Collections Manager.
B. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA (None received.)
C. CONSENT AGENDA
1. City Clerk Department SUBJECT: Approval of Minutes.
RECOMMENDATION: That the Public Works & Transportation Committee approve the minutes of the January 11, 2022 regular meeting as presented.
It was moved by Chair Perello , seconded by Member Lopez, to approve the meeting minutes as presented.
VOTE: Lopez, Zaragoza, and Perello voted in favor, the motion carried 3-0.
D. REPORTS
1. Public Works Department SUBJECT: New Stormwater Permit Update. (0/5/5) RECOMMENDATION: That the Public Works and Transportation Committee receive and file an update on the City’s Municipal Separate Storm Sewer System Permit.
Michael Wolfe, Public Works Director, introduced Badaoui Mouderres, Technical Services & Water Quality Manager, who presented and answered the Committee’s questions. No public comments were received.
Discussion ensued among the Committee and staff. Report was received and filed. No formal action was required.
2. Public Works Department
SUBJECT: Agreement A-8428 with Blackpointe Group Construction & Management Inc., for Catch Basin Cleaning Services. (0/5/5)
RECOMMENDATION: That the Public Works and Transportation Committee recommend that the 5 JANUARY 25, 2022 OXNARD CITY COUNCIL PAGE 2
PUBLIC WORKS & TRANSPORTATION COMMITTEE
City Council approve and authorize the Mayor to execute Agreement A-8428 with Blackpointe Group Construction & Management Inc. (Blackpointe), in the amount not to exceed $900,000 for a three-year term ending February 15, 2025, for catch basin cleaning services.
Ray Trevino, Wastewater Collections Manager, and Jan Hauser, Wastewater Division Manager, presented and answered the Committee’s questions. No public comments were received. Discussion ensued among the Committee and staff.
It w as moved by Member Zaragoza, seconded by Member Lopez, to approve the recommended action as presented. VOTE: Zaragoza, Perello, and Lopez voted in favor; the motion carried 3-0.
E. ITEMS FOR FUTURE AGENDAS (No requests were made.)
F. ADJOURNMENT
There being no further business on the agenda, and without objection, Chair Perello adjourned the meeting at 9:06 p.m.
ROSE CHAPARRO BERT E. PERELLO
City Clerk Chair
6 PUBLIC WORKS AND TRANSPORTATION COMMITTEE
AGENDA REPORT
REPORTS
AGENDA ITEM NO. D.1
DATE: February 8, 2022
TO: Public Works and Transportation Committee
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Agreement A-8422 with Pestmaster Services, L.P. to Provide Gopher Abatement Services. (0/5/5)
RECOMMENDATION
That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute Agreement A-8422 with Pestmaster Services, L.P. to provide gopher abatement at multiple City properties for a term of one year beginning April 1, 2022, with a maximum of two (2) one-year extensions ending March 31, 2025, and for a total contract not-to-exceed amount of $375,000.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/WWydl7GsG0o
BACKGROUND
On October 11, 2021, the City issued a formal Request for Proposal (RFP) PW 22-24 for gopher abatement services at citywide facilities. The RFP closed on November 4, 2021. Of the five vendors that submitted bids, Pestmaster Services, L.P., was selected as the most qualified provider of gopher abatement services.
DISCUSSION
This Agreement with Pestmaster Services, L.P. includes monthly treatments at two (2) Wastewater facilities and all City and Special District Parks. If new gopher activity is identified within the same month of treatment, the vendor will return and treat those areas at no additional charge. There are also provisions for treatments that are not identified in the monthly services, should the need arise for treatments at other public facilities. The cost for additional treatments range from $84.98 per acre to $134.98 per acre each month depending on the level of infestation. These areas are not assigned to specific budgets since they are identified "As-needed” services that will be paid only if funds are available within the budgets assigned to the areas requiring treatment. Additionally, this agreement also allows for the adjustment of service levels to match Citys’ field and budget needs.
Staff has confirmed that Pestmaster Services, L.P. meets all required City contractual provisions including pest control licenses, possession of a City business tax certificate, insurance certificates, and corporate filing with the California Secretary of State.
STRATEGIC PRIORITIES
7 This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.
FINANCIAL IMPACT
The total cost for this Agreement with Pestmaster Services, L.P. shall not exceed $375,000 over 3 years.
Services will commence on April 1, 2022 and there are sufficient funds available in the FY 2021-22 Parks operating budget (101-5701-805-8209), the Special Districts operating budget (174-1606-805-8209), and the Wastewater operating budget (621-6205-842-8209). The funding for future years will be included in the Department/Division budget requests for each fiscal year. There is an estimated 5% inflation increase factored starting in FY 2022-23.
The following table shows the estimated spending plan for the Parks, Special Districts, and Wastewater divisions. “As-needed” costs are estimated within the Agreement to address additional services that may be requested for other Facilities provided the funding is available within the associated budgets.
Estimated Spending Plan
FY 2021-22
3 months
FY 2022-23
12 months
FY 2023-24
12 months
FY 2024-25
9 months TOTAL
Parks $17,251 $72,455 $76,078 $59,911 $225,696
Special Districts $6,749 $28,346 $29,764 $23,439 $88,298 Wastewater $1,198 $5,031 $5,283 $4,160 $15,673
As-needed $3,000 $15,000 $15,000 $12,333 $45,333
Total $28,198 $120,832 $126,125 $99,843 $375,000
Prepared by: Steve Howlett, Assistant Public Works Director
ATTACHMENTS
1. Agreement No. A-8422
2. Presentation
8 AGREEMENT FOR TRADE SERVICES
COVER PAGE
(1) Agreement Start Date: April 1, 2022
(2) Vendor: Pestmaster Services, L.P.
(3) Services: Gopher control
in City Parks
(4) Schedule of Services: Monthly Gopher Treatment at City Locations (5) Agreement Ending Date: M
arch 31, 2023
(6) Total Agreement Amount:
$375,000
(7) City’s Project Manager: Kevin Thompson
(8) Vendor’s Project Manager: Terry Carvey
(9) Insurance Coverage: INS-D
(10) What wages
are required for this Project?
☐ Living wage but not prevailing wages, in which case: Section 20(a) through (d) and the Living Wage Policy Exhibit are incorporated and are required; but Section 20(e) and the Prevailing Wage Exhibit are not incorporated and are not required.
☐ Prevailing wages but not living wage, in which case: Section 20(e) and the Prevailing Wages Exhibit are incorporated and are required; but Section 20(a) through (d) and the Living Wage Policy Exhibit are not incorporated and are not required.
☐ Both living wage and prevailing wages, in which case Section 20, the Living Wage Policy Exhibit, and the Prevailing Wages Exhibit are incorporated and required. ☐ Neither living wage nor prevailing wages, in which case Section 20, the Living Wage Policy Exhibit, and the Prevailing Wages Exhibit are not incorporated and are not required. (11) Addresses for Notice:
FOR VENDOR: FOR CITY:
Pestmaster Services, L.P. City of Oxnard
Attn: Terry Carvey, Operations Manager Attn:, Kevin Thompson, Parks Manager 9716 S. Virginia St. Ste E-F 305 West Third St. 3rd Floor Reno, NV 89511 Oxnard, CA 93030
(12) Contact Emails:
VENDOR’S PROJECT MANAGER: CITY’S PROJECT MANAGER:
tcarvey@pestm
aster.com kevin.thompsonp
[email protected]
The Agreement f
or Trade 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 ☐ Living Wage Policy Exhibit ☐ Rates and Costs Exhibit ☐ Prevailing Wages Exhibit
☐ Schedule of Services Exhibit ☐ Insurance Exhibit (INS-D) Agreement No. A-8422
9 AGREEMENT FOR TRADE SERVICES
THIS AGREEMENT FOR TRADE 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) Vendor” on the Cover Page, subject to the following terms and conditions:
1. Scope of Services. Vendor shall provide to City the services listed as “(3) Services” on the Cover Page (the “Services”). Vendor 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 incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and any incorporated document(s), the terms of this Agreement shall control.
2. 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.
3. Compensation. For the Services performed during the term of this Agreement, City shall pay Vendor an amount not to exceed the amount that is listed as “(6) Total Agreement Amount” on the Cover Page, at the rates listed in the Rates and Costs Exhibit, attached here to and incorporated herein by this reference. The rates in the Rates and Costs Exhibit shall be in effect through the end of this Agreement unless otherwise stated therein.
4. Invoices. Vendor shall submit a payment request to City by the end of each calenda r 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 invoice, as well as the months remaining on the term of the Agreement. Invoices may be emailed to: [email protected].
5. Most Favored Nation . Throughout the term of the Agreement, in the event Vendor provides the Services having terms more favorable than this Agreement to any person or entity other than City, Vendor shall notify City within 10 calendar days of signing the other contract, or if there is no other contract, of finalizing that deal or providing any services, whichever occurs first in time. In that notice, Vendor shall offer City to amend this Agreement to reflect suc h more favorable terms into this Agreement without any contingency to amend any other provision of this Agreement.
6. Acceptance of Payment. Vendor’s acceptance of final payment made pursuant to this Agreement shall constitute a release of City from all claims and liabilities for compensation to Vendor 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 Vendor 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 Vendor and its employees, agents and subcontractors. Vendor 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 Vendor or materials or products provided to City by Vendor, Vendor shall pay the sales tax. City shall not reimburse Vendor for sales taxes paid by Vendor.
7. Non-binding Terms. Any terms and conditions that are typed, printed, or otherwise included in any Vendor invoice rendered pursuant to this Agreement shall be deemed to be solely for the convenience of the parties.
No such term or condition shall be binding upon City, and no action by City (including, without limitation, the payment of any such invoice in whole or in part) shall be construed as binding City with respect to any such term or condition, unless the specific term or condition has been previously agreed to by Vendor and City in this Agreement or in a binding amendment thereto.
8. Non-Appropriation of Funds. Payments to be made to Vendor by City for the Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted and Agreement No. A-8422
10 unencumbered appropriation of City. In the event City does not appropriate sufficient funds for payment of the Services beyond the current fiscal year, this Agreement shall cover payment for the Services only up to the conclusion of the last fiscal year in which City appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.
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 or Department Director. Vendor hereby designates the person in the position listed in “(8) Vendor’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 Vendor.
10. Personnel. Vendor represents that it has or shall secure at its own expense all personnel required to perform the Services. Vendor shall make reasonable efforts to maintain the continuity of Vendor’s staff who are assigned to perform th e Services. Vendor may associate with or employ associates or subcontractors in the performance of the Services, but at all times shall Vendor be responsible for its associates and subcontractors’ labor, advice or materials provided in furtherance of provi ding the Services. Should any of Vendor’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 Manag er may notify the Vendor’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 C ity’s Project Manager must authorize all such work in writing before commencement. Vendor shall perform such work, and City shall pay for such additional work, in accordance with the Rates and Costs Exhibit. Should the work not fall under any such listed rate or cost, Vendor 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 Vendor for any work that does not fall under a rate or cost listed i n the Rates and Costs Exhibit, and for which Vendor 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. Advertising and Publicity . Vendor shall not use the name of or refer to City directly or indirectly in any advertisement, news release, or professional or trade publication without prior written approval from the City Manager. This Section shall survive the termination of this Agreement.
13. Audit. City shall have the option of inspecting, auditing and/or reproducing all records and other written materials: used by Vendor in preparing its billings to City as a condition precedent to any payment to Vendor; or for other purposes relating to the Agreement. Vendor 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 Vendor for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, Vendor shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by City, whichever occurs later. Vendor shall maint ain all such records in City or to promptly reimburse City for all reasonable costs incurred in conducting the audit at a location other than in City, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. Vendor shall include a copy of this Section in all contracts with its subcontractors, and Vendor 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.
14. Termination. City may terminate this Agreement at any time, with or without cause and without penalty, upon 15 calendar days’ prior written notice. Such termination shall be effective on the date specified in the notice, or if no date is specified, then 15 calendar days from the date of the notice. Vendor may terminate this Agreement at any time, with or without cause and without penalty, upon 30 calendar days’ prior written notice. Such termination shall be effective on the date specified in the notice, or if no date is specified, then 30 calendar days from the date of notice and only if all assignments accepted by Vendor 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 perfo rmance Agreement No. A-8422
11 by Vendor, City shall pay Vendor 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; provided, in no event shall the Vendor receive an amount exceeding that which would have been paid to Vendor for the full performance of the Services. If City pays for any materials, City shall be entitled to the title and possession of such.
15. Hold Harmless, Defense and Indemnity.
To the fulle
st extent permitted by law, Vendor shall immediately defend, indemnify, and hold harmless City, its legislative and advisory bodies, and the City’s officials, directors, officers, employees, and agents (the “Indemnitees”) from and against all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with Vendor’s performance of this Agreement or Vendor’s failure to comply with any of its obligations contained in this Agreement. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Vendor’s obligation to indemnify applies unless it is adjudicated that any of the liabilities covered by this Section 15 are the result of the sole active negligence or sole willful miscondu ct of any of the Indemnitees.
a. The duty to def
end is a separate and distinct obligation from Vendor’s duty to indemnify.
Vendor shall be obligated to defend in all legal, equitable, administrative, or special proceedings with counsel approved by the Cit y Attorney immediately upon tender to Vendor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of negligence or willful misconduct by any of the Indemnitees shall not relieve Vendor from its separate and distinct obligation to defend the Indemnitees. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes the obligation to provide independent def ense counsel if Vendor asserts that liability is caused in whole or in part by the negligence or willful misconduct of the Indemnitees. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of any of the Indemnitees, Vendor may submit a claim to City for reimbursement of reasonable attorneys’ fees and defense costs. b. The review
, acceptance or approval of Vendor’s work or work product by any of the Indemnitees shall not affect, relieve or reduce Vendor’s indemnification or defense obligations. This Section 15 shall survive completion of the Services or termination of this Agreement. The provisions of this Section 15 shall not be restricted by and do not affect the provisions of this Agreement relating to insurance.
16. Insurance. Vendor shall obtain and maintain during the performance of any services under this Agreement the insurance coverages listed within the insurance 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 Risk Manager waives, in writing, the requirement that Vendor obtain and maintain such insurance coverages.
Such insurance must be issued by a company satisfactory to the Risk Manager. Vendor shall, before performance of any Services pursuant to this Agreement, file with the Risk Manager evidence of insurance coverage as specified in “(9) Insurance Coverage” on the Cover Page and in the Insurance Exhibit. Mainte nance of insurance coverages by Vendor is a material element of this Agreement. Vendor’s failure to maintain or renew insurance coverages or to provide renewal evidence may be considered a material breach of this Agreement.
17. Documents and Materials.
a. All final computations, exhibits, files, plans, correspondence, reports, drawings, designs, data, photo
graphs, specifications, information, images, video files, media, or other deliverables prepared, created, drawn, calculated, photographed or developed by Vendor pursuant to this Agreement (“Documents and Materials”) shall be the pro
perty without restriction or limitation upon its use, duplication or dissemination by the City. All Documents and Materials shall be considered “works made for hire,” and 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, AGREEMENT FOR TRADE SERVICES (V-11/29/18)
Agreement No. A-8422
12 duplication or dissemination by the City. Vendor shall not obtain or attempt to obtain copyright protection as to any Documents and Materials. Vendor 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 17. b. Vendor shal
l deliver all Documents and Materials to City’s Project Manager upon completion of the Services or termination of this Agreement without additional c ost or expense to the City. Additionally, anytime at City’s request, City shall be entitled to possession of, and Vendor shall furnish to City’s Project Manager within 10 calendar days, any or all of the Documents and Materials without additional cost or e xpense to the City. In both situations, if Vendor prepares Documents and Materials on a computer, Vendor shall provide City with said Documents and Materials both in a printed format and in an electronic format that is acceptable to the City. Vendor may re tain copies of these Documents and Materials but must request permission from the City before use, duplication or dissemination these Documents and Materials for any purpose other than for the Services provided to the City pursuant to this Agreement.
c. Any substan
tive 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 uncompleted Documents and Materials, without the written consent of Vendor, shall be at City’s sole risk and without liability or legal exposure to Vendor. d. Vendor war
rants and represents that it has 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 Se rvices 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. Vendor shall defend, indemnify and hold Indemnitees harmless from any loss, clai m 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. Vendor 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, Vendor, 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 com pliance with the requirements of this Agreement.
e. This Secti
on 17 shall survive the termination of this Agreement.
18. Confidentiality of Information.
a. For the pu
rposes of this Agreement, “Confidential 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 secret, and other proprietary information, techniques, sketches, drawings, model s, 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 Vendor or is developed by Ve ndor in whole or in part at the City’s expense.
b. All Docum
ents and Materials shall be considered Confidential Information and shall not be reproduced, transmitted, disclosed or used by the Vendor without the written consent of the City, except as may be necessary for Vendor to fulfill its obligations to the City. c. Notwithsta
nding the above, these limitations shall not apply to information that (i) is already known to Vendor at the time of that information’s disclosure or becomes publicly known through no wrongful act or omission Agreement No. A-8422
13 of Vendor, (ii) is communicated to a third party with the express written consent of City and is not subject to restrictions on further use or disclosure, (iii) is independently developed by Vendor 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, Vendor shall immediately provide City with written notice and a reasonable opportunity f or 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. Vendor sh
all use reasonable care to protect the Confidential Information. In the event of a breach or threatened breach of this Agreement, City shall be entitled to obtain an injunction prohibiting any such breach, the costs of which shall be paid by Vendor. 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 unique and that disclosure of the Confidential Information in breach of this Agreement may result in irreparable injury to the City.
e. Other than a
n obligation upon the City to deal in good faith, the City makes no warranties and shall bear no liability or responsibility for errors or omissions in any Confidential Information disclosed under this Agreement or for any business decisions made by Vendor in reliance on any Confidential Information disclosed under this Agreement.
f. This Sect
ion 18 shall survive the termination of this Agreement.
19. Independent Contractor . Vendor 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 Vendor or any of its employees, except as stated in this Agreement. Vendor has and shall retain the right to exercise full control over the employment, direc tion, means of performance, location, compensation and discharge of all persons assisting Vendor, 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 Vendor wishes except as expressly provided in this Agreement. This Agreement shall not be interpreted to prevent or preclude Vendor from rendering any services for Vendor’s own account or to any other person or entity as Vendor in its sole discretion s hall determine; provided, however, that performing such services shall not materially interfere with the Services Vendor shall perform for the City. Except as City’s Project Manager specifies in writing, Vendor and its employees and agents have no authorit y, 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. Vendor and its employees are not employees of City. Vend or and its employees are not entitled to receive from City any of the benefits or rights afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long -term disability and workers’ compensation insurance benefits. Vendor 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. Vendor agrees to pay all required taxes on amounts paid to Vendor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Vendor shall be solely responsible for, and shall save City harmless from, all matters relating to the payment of Vendor’s subcontractors, material suppliers, directors, officers, employees, agents and representatives, including compliance with social security requirements, federal and State income tax withholding, and all other regulations governing employer -employee relations, as applicable. City shall have the right to offset against the amount of any compensation due to Vendor under this Agreement any amount due to City from Vendor as a result of its failure to promptly pay to City any reimbursement or indemnification arising under this Section.
20. Wages. If the first option is selected in response to (10) on the Cover Page and, thus, the payment of living wage is required, only this paragraph and subsections (a) through (d) of this Section 20 shall apply. If the second option is selected in response to (10) on the Cover Page and, thus, the payment of prevailing wages (and related Labor Code provisions) is required, only this paragraph and subsection (e) of this Section 20 shall apply. If the third option is selected in response to (10) on the Cover Page and, thus, both the payment of living wage and prevailing wages (and related Labor Code provisions) is required, this paragraph and subsections (a) through (e) shall apply, meaning Vendor shall compensate all of its employees providing services to City in accordance with both the City’s Living Wage Policy and State -required pre vailing wages. In the event of a conflict between the Agreement No. A-8422
14 City’s Living Wage Policy and State -required prevailing wages, the higher of the two shall prevail. If the fourth option is selected in response to (10) on the Cover Page and, thus, neither the payment of living wage nor prevailing wages (and related Labor Code provisions) is required, no part of this Section 20 shall apply.
If eithe
r the first or third option is selected in response to (10) on the Cover Page, Vendor shall compensate any employee of Vendor who provides Services to the City under this Agreement in accordance with the Living Wage Policy Exhibit, which is attached hereto and incorporated herein by this reference. While this Agreement is in effect, Vendor shall pay such employee no less than $16.89 per hour for each hour that such employee provides services under this Agreement. This hourly rate shall be adjusted on July 1, 2022, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI- U), index base 1982- 84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, Vendor shall provide to such employee no less than 96 hours of paid leave per calendar year. a. Vendor agr
ees to post, at a location readily accessible to those employees providing services to the City, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002, and effective October 1, 2002.
b. If Vendor
fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to Vendor, effective immediately. c. In addition
, if Vendor fails to comply with the Living Wage Policy in any manner, Vendor shall pay to City a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Vendor shall pay such fine and penalty within 15 days after the City Manager or designee provides written notice to Vendor of the amount owed.
d. If either th
e second or third option is selected in response to (10) on th e Cover Page, in accordance with Labor Code Section 1770 et seq., the Project is a “public work.” The Vendor shall pay wages in accordance with the determination of the Director of the Department of Industrial Relations (“DIR”) regarding the prevailing rate of per diem wages. Copies of those rates are on file with the Public Works Director and are available to any interested party upon request. The Vendor shall post a copy of the DIR’s determination of the prevailing rate of per diem wages at the job site. The Vendor shall comply with all provisions of the Prevailing Wage Exhibit, which is attached hereto and incorporated herein by this reference.
21. Nondiscriminatory Employment. Vendor shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, s exual orientation, age, immigration status, citizenship or military and veteran status. Vendor understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, Vendor s hall be responsible for such subcontractor’s compliance with this Section.
22. Vendor’s Representations . Vendor represents, covenants and guarantees that: a) Vendor 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) there are no obligations, commitments, or impediments of any kind that will limit or prevent Vendor’s full performance under this Agreement; c) to the ext ent required by the standard of practice, Vendor 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.
23. Compliance with Laws . In performing the Services under this Agreement, Vendor shall comply with all applicable laws, ordinances and regulations. Before performing the Services under this Agreement, Vendor shall obtain all required licenses and permits, including a City business tax certificate.
Agreement No. A-8422
15 24. Conflict of Interest. If, in performing the Services set forth in this Agreement, Vendor 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, Vendor 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 Vendor’s personnel providing the Services set forth in this Agreement. Furthermore, Vendor shall not to accept any employment or representation during the term of this Agreement or within 12 months after completion of the Services which is or may likely make Vendor “financially interested,” as provided in California Govern ment Code Sections 1090 and 87100, in any decisions made by City on any matter in connection with which Vendor has been retained pursuant to this Agreement.
25. Fictitious Name. If Vendor has a fictitious name, Vendor shall submit to City a new Fictitious Business Name Statement approved by any California county before Vendor’s prior Fictitious Business Name Statement expires if such expiration may occur during the term of this Agreement, including any term amendment.
26. Non-Assignability. Vendor shall not as sign or transfer any interest in this Agreement 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 shall be null, void, and of no effect, and Vendor shall hold harmless, defend and indemnify Indemnitees regarding all Claims arising from or relating to any unauthorized assignment.
27. Protection of Services. Vendor shall continuously maintain adequate protecti on of all of Vendor’s work from damage and shall protect the City’s property from any and all injury or loss arising in connection with this Agreement. Vendor shall take all necessary precaution for the safety of employees on the job and shall comply with all applicable provisions of federal, State and municipal safety laws and building codes to prevent accidents or injury to persons on, about or adjacent to any premises where the Services are being performed.
28. Successors and Assigns . This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of Vendor.
29. 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.
30. Titles. The titles used in this Agreement are for convenience only and shall in no w ay define, limit or describe the scope or intent of this Agreement or any part of it.
31. Force Majeure. Neither City nor Vendor shall be responsible for delays or failures in performance resulting from acts beyond the control of either party. Such acts shal l include but are not be limited to acts of God, riots, acts of war, epidemics, fire, earthquakes, or other disasters.
32. Authority. Any person executing this Agreement on behalf of Vendor warrants and represents that s/he has the authority to execute this A greement on behalf of Vendor and to bind it to the performance of these obligations.
33. 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.
34. Cumulative Remedies. All rights and remedies of City herein shall be in addition to all other rights and remedies available at law or in equity, including, without limitation, specific performance for the enforcement of this Agreement, and temporary and permanent injunctive relief.
Agreement No. A-8422
16 35. Integration; Amendment . This Agreement, including any other documents incorporated herein by specific reference, constitutes the entire and integrated agreement of City and Vendor 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.
36. 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 constru ction providing for interpretation against the party who causes the uncertainty to exist or who drafted the Agreement in whole or in part.
37. 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 any other condition of performance under this Agreement. In no event shall the making by City of any payment to Vendor 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 Vendor, 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.
38. Attorneys’ Fees . The prevailing party shall be entitled to recover reasonable costs, att orneys’ 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 relieve 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.
39. 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) on the third busi ness day following deposit in the United States mail, postage prepaid—to the addresses listed as “(11) Addresses for Notice” on the Cover Page or to such other address as one party may notify the other in writing.
40. 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 taken together, shall be deemed to be one and the same agreement.
A signed copy of this Agreement transmitted by email to either of City or Vendor’ s Project Managers’ emails listed in “(12) 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.
41. Severability. If any term or portion of this Agreement 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.
[Signatur
es on next page]
Agreement No. A-8422
17 Agreement No. A-8422
18 SCOPE OF SERVICES EXHIBIT
Scope:
The vendor will inspect all identified treatment areas monthly. In any areas showing recent gopher activity the contractor will provide intensive treatments sufficient enough to gain full control of that area. Full control is defined as no new visible gopher activity. If new gopher activity is identified within that same month, the vendor will return and treat those areas at no additional charge. The vendor will develop an Integrated Pest Managem ent plan, if necessary, to gain control of gopher infestations, if traditional methods are not successful.
Pest Coverage:
Pocket gophers.
Documentation:
Treatment schedules, written reports and recommendations will be provided to City Staff at agreed upon intervals, but no less than monthly. Vendor will grant City access to its online software for access inspection schedules, treatments, and record keeping.
Control Methods:
The preferred treatment method is with a machine using heated smoke and carbon monoxide through the use of a Pressurized Exhaust Rodent Control machine. Bait may be used with City Staff’s prior approval in areas where full control is not being achieved wit h the carbon monoxide method. All alternatives methods utilized will be approved by City Staff and must be AB 1788 compliant.
Locations:
● Beck Park
● Cabrillo Park
● Carty Park
● Civic Center/City Hall
● College Estates Park
● College Park
● Colonia Park
● Connelly Park
● Del Sol Park
● Durley Park
● East Village Park
● Eastwood Memorial Park
● Fire Station #5
● Fremont Tot Park
● Garden City Acres Park
● Johnson Creek Park
● Kohala Park
● Lathrop Memorial Park
● Lemonwood Park
● Marina West Park
● Orchard Park
● Oxnard Beach Park
● Oxnard Community Park East
● Oxnard Community Park West
● Plaza Park
● Pleasant Valley Park
● Rio Lindo Park
● Sea Air Park
● Sea View Park
● Sierra Linda Park
● Southbank Park
Agreement No. A-8422
19 ● Southwest Community Park
● Southwest Community Park Extension
● Southwinds Park
● Thompson Park
● Via Marina Park
● Wilson Park
● Central Park
● Crescent Park
● East Park
● Vineyards Park
● Windrow Park
● Rio Vista Ballfields
● Rio Del Mar Ballfields
● Westport Park North
● Westport Park South
● Seabridge East
● Seabridge West
● Seabridge South
● Harbor Island Linear Park
● Gateway Park
● Children’s Park
● Oxnard Wastewater Treatment Plant
● Headworks Facility
Locations may be added or removed from this agreement as deemed necessary by the City. Future City Locations (Parks or City locations) may be added to this agreement. Prior to the addition of any locations, a written quote for the initial treatment and monthly maintenance costs will be required.
Agreement No. A-8422
20 RATES AND COSTS EXHIBIT
Location Initial Treatment Monthly Cost
General Fund Parks
Beck Park $84.98 $84.92
Cabrillo Park $149.98 149.15
Carty Park $84.98 $84.92
Civic Center/City Hall $149.98 $149.98
College Estates Park $249.98 $138.38
College Park $149.98 $134.62
Colonia Park $166.98 $164.87
Connelly Park $84.98 $84.92
Del Sol Park $199.98 $154.17
Durley Park $124.98 $124.90
East Village Park $149.98 $149.98
Eastwood Memorial Park $124.98 $124.90
Fire Station #5 $149.98 $149.98
Fremont Tot Park $84.98 $84.92
Garden City Acres Park $224.98 $134.62
Johnson Creek Park $199.98 $164.87
Kohala Park $424.98 249.73
Lathrop Memorial Park $84.98 $84.92
Lemonwood Park $474.98 $184.32
Marina West Park $114.98 $114.25
Orchard Park $219.98 $224.50
Oxnard Beach Park $334.98 $139.52
Oxnard Community Park East $249.98 $224.35
Oxnard Community Park West $199.98 $197.14
Plaza Park $84.98 $84.92
Pleasant Valley Park $249.98 $199.97
Rio Lindo Park $84.98 $84.92
Sea Air Park $234.98 $149.27
Sea View Park $109.98 $109.25
Sierra Linda Park $219.98 $224.50
Southbank Park $374.98 $284.92
Southwest Community Park $449.98 $399.65
Southwest Community Park Extension $249.98 $235.15
Southwinds Park $199.98 $134.60
Thompson Park $84.98 $84.92
Via Marina Park $166.98 $164.87
Wilson Park $259.98 $94.65
Agreement No. A-8422
21 Location Initial Treatment Monthly Cost
Special District Parks
Central Park $149.98 $149.98
Crescent Park $149.98 $149.98
East Park $149.98 $149.98
Vineyards Park $149.98 $149.98
Windrow Park $149.98 $149.98
Rio Vista Ballfields $149.98 $149.98
Rio Del Mar Ballfields $149.98 $149.98
Westport Park North $149.98 $149.98
Westport Park South $149.98 $149.98
Seabridge East $149.98 $149.98
Seabridge West $149.98 $149.98
Seabridge South $149.98 $149.98
Harbor Island Linear Park $149.98 $149.98
Gateway Park $149.98 $149.98
Childrens’ Park $149.98 $149.98
Wastewater
Oxnard Wastewater Treatment Plant $279.41 $279.41
Headworks Facility $179.00 $119.91
Cost for locations currently not identified in scope
The period of
performance anticipated for this agreement shall be for three (3) years, with each year renewable in one (1) year increments beginning April 1st 2022 or effective upon signature of an Agreement by both parties, unless terminated earlier. This annual renewal shall be based on mutuall y acceptable services, cost adjustments, and the City requirements and there is no obligation by the City to purchase any specified amount of goods or services. Updated annual pricing must be submitted to the City in writing, no later than the January 1st preceding the renewal date. Increases shall not exceed the Consumer Price Index for all Urban Consumers (CPI -U) for Los Angeles from the U.S. Bureau of Labor Statistics based on 12 - month CPI-U for November.
Invoicing
:
Invoices will be sent monthly combined into a single invoice for individual divisions (i.e. General Fund Parks, Special District Parks, and Wastewater). Invoices should be electronically submitted to [email protected]
Low Infestation $84.98/acre $84.98/acre
Medium Infestation $109.98/acre $109.98/acre
High Infestation $134.98/acre $134.98/acre
Agreement No. A-8422
22 LIVING WAGE POLICY EXHIBIT
The Living
Wage Policy of the City of Oxnard is hereby adopted by the City Council on July 9, 2002 to be effective October 1, 2002.
1. Pursuant to t
his Living Wage Policy, Vendor shall pay those employees who provide services to the City under contract:
(a) Effecti
ve October 1, 2002, at least $9.00 an hour for the time during which the employee is providing services to the City;
(b) Effecti
ve July 1, 2003, at least $9.25 an hour for the time during which the employee is providing services to the City and 32 hours of paid leave per every calendar year in which an employee provides services to the City; (c) Effecti
ve July 1, 2004, at least $10.59 an hour for the time during which the employee is providing services to the City and 64 hours of paid leave per every calendar year in which an employee provides services to the City; and (d) Effecti
ve July 1, 2005, at least $12.22 an hour for the time during which the employee is providing services to the City and 96 hours of paid leave per every calendar year in which an employee provides services to the City.
2. The hourl
y rates established in Section 1 shall be adjusted July 1, 2006 and, each July 1 thereafter, according to the percentage change since July 1, 2005 in the Consumer Price Index prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers.
3. A service con
tractor executing a service contract with the City for which the City will pay the contract or $25,000 or more during the contract term shall be subject to the Living Wage Policy.
4. A service co
ntractor executing more than one service contract with the City, and the combined monetary total of the payments by the City pursuant to such contracts is $25,000 or more for the combined contract terms shall be subject to the Living Wage Policy.
5. This Living W
age Policy shall not govern the following types of contracts for: (a) the purchase, rental or lease of goods, products, equipment, supplies or other personal property; (b) public works projects as defined in State or local law; and (c) professional services.
6. This Living W
age Policy shall not govern the following service contractors: (a) nonprofit entities organized under IRS Code section 501( c)(3); (b) public entities such as cities, counties, special districts, states and the federal government; and (c) businesses employing fewer than five persons.
7. The City Attorney is directed to include in all standard trade services contracts and all c ontracts involving unique trade services, the language set forth in Exhibit 1 attached hereto and incorporated herein by this reference.
8. If Vendor f
ails to comply with this Living Wage Policy, the City Manager is directed to terminate the subject servi ce contract immediately and to impose appropriate fines and penalties as set forth in the service contract.
9. The City
Manager and the City Attorney are responsible for the administration and enforcement, respectively, of the Living Wage Policy. If an employee of a service contractor governed by the Living Wage Policy concludes that he/she has been retaliated against for the exercise of rights under the Living Wage Policy, the employee should contact the City Manager at 385-7430.
10. The City Ma
nager shall reasonably cooperate with representatives of the Ventura County Living Wage Coalition to ensure the effective administration and enforcement of the Living Wage Policy.
11. This Living Wa
ge Policy may be changed only by City Council and only after a duly noticed public hearing.
12. The City Man
ager is directed to ensure that the City Council will review the Living Wage Policy as part of the FY 2003- 2004/05 budget process.
Agreement No. A-8422
23 CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2021
42. Vendor shal
l compensate any employee of Vendor who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit 1. While this Agreement is in effect, Vendor shall pay such employee no less than $16.89 per hour for each hour that such employee provides services under this Agreement. This hourly rate shall be adjusted on July 1, 2022, and each July 1 thereafter, according to the percentage change in the Consumer Price Index , all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI- U), index base 1982-84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, Vendor shall provide to such employee no less than 96 hours of paid leave per calendar year.
a. Vendor ag
rees to post, at a location readily accessible to those employees providing services to the City, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002 and effective October 1, 2002. b. If Vendor
fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to Vendor, effective immediately. c. In addition,
if Vendor fails to comply with the Living Wage Policy in any manner, Vendor shall pay to City a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Vendor shall pay such fine and penalty within 15 days after the City Manager or designee provides written notice to Vendor of the amount owed. d. The foregoi
ng requirements are restated on page 5 of the Agreement for Trade Services.
Agreement No. A-8422
24 Exhibit 1
Living Wage Pol
icy
Pursuant to t
he Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in all standard trade services contracts and all unique trade services contracts governed by the Living Wage Policy.
A. Vendor shal
l compensate any employee of Vendor who provides services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit. While this Agreement is in effect, Vendor shall pay such employee no less than $16.89 per hour for each hour that such employee provides services under this Agreement. In addition, while this Agreement is in effect, Vendor shall provide to such employee no less than 96 hours of paid leave per calendar year.
B. Vendor agrees
to post, at a location readily accessible to those employees providing services to the City, a copy of the Living Wage Policy adopted by City Council on July 9, 2002 and effective October 1, 2002.
C. If Vendor f
ails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to Vendor, effective immediately.
D. In addition,
if Vendor fails to comply with the Living Wage Policy in any manner, Vendor shall pay to City a fine of $500 and shall pay to any employee providing services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Vendor shall pay such fine and penalty within 15 days after the City Manager or designee provides written notice to Vendor of the amount owed.
Agreement No. A-8422
25 INSURANCE EXHIBIT
INSURANCE REQUIREMENTS FOR SMALL/MEDIUM CONSTRUCTION AND SERVICES CONTRACTS (WITHOUT BUILDER’S RISK REQUIREMENT)
1. Contractor sha
ll obtain and maintain during the performance of any services under this Contract the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by Contractor, its agents, representatives, employees or subcontractors. a. Commercial G
eneral 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 Ser vices Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project location or shall be twice the occurrence amount; b. Business Autom
obile 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 L iability Coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;” c. If architectura
l, engineering, or electrical work will be performed under the Contract, Professional Liability/Errors and Omissions Insurance appropriate to the work being done in an amount not less than $1,000,000, with neither Contractor nor listed subcontractors havi ng 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’ Co
mpensation 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 rig hts of subrogation which the insurer may have against the City.
1. Contractor s
hall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS -D. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manag er. All certificates and endorsements are to be received and approved by the Risk Manager before work commences. City reserves the right to require complete certified copies of all required insurance policies at any time.
The certificates of insurance and endorsements shall be sent via email (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
2. Contractor ag
rees that all insurance coverages shall be provided by a California admitted insurance carrier with an A.M. Best rating of A:VII or better and shall be endorsed to state that coverage may not be suspended, voided, canceled by either party, or reduced in coverage or limits without 30 days’ prior written notice to the Risk Manager. The Risk Manager shall not approve or accept any endors ement if the endorsement contains “best effort” modifiers or if the insurer is relieved from the responsibility to give such notice.
3. Contractor agrees that the Commercial General Liability and Business Automobile Liability Insurance policies shall be endorsed to name City, its City Council, officers, employees and volunteers as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its City Council, officers, employees and volunteers. The General Liability Special Endorsement Form and Automobile Liability Special Endorsement Form attached to this Exhibit INS -D 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 n ot available, CG 2010 with an edition date prior to 01/04 and CG 2037).
4. The coverage
s provided to City shall be primary and not contributing to or in excess of any existing City insurance or self - insurance coverages (this must be endorsed). Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City. Any failure to comply with reporting provisions of the policies sha ll not affect coverage provided to City, its City Council , officers, employees and volunteers. The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
5. Any deductible
s or self -insured retentions must be declared to and approved by the Risk Manager. At the option of the Risk Manager, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City, its City Council, officers, employees and volunteers, or the Contract or shall procure a bond guaranteeing payment of losses and related investigations, claim Agreement No. A-8422
26 administration and defense expenses.
6. All insur
ance standards applicable to Contractor shall also be applicable to Contractor’s subcontractors. Contractor agrees to maintain appropriate agreements with subcontractors and to provide proper evidence of coverage upon receipt of a written reque st from the Risk Manager.
11/21
Agreement No. A-8422
27 INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS Certific
ates of Insurance
The sample
accord form on the following page is provided to facilitate your preparation and submission of certificates of ins urance.
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 t he City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number . Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the c arrier to provide notice of cancellation.
Endorseme
nt Forms
Original e
ndorsements are required for general liability and automobile liability insurance policies and must be attached to the applicable certificate of insurance. City preference is that you use the endorsement forms which are attached. Substitute forms will be accepted, however, as long as they include provisions comparable to the attached.
INS-D.doc
Agreement No. A-8422
28 SAMPLE
ACORD CERTIFICATE OF INSURANCE
ISSUE DATE (MM/DD/YY)
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
CODE SUB-CODE COMPANIES AFFORDING INSURANCE COVERAGE
INSURED COMPANY
LETTER A SPECIFY COMPANY NAMES IN THIS SPACE
COMPANY
LETTER B
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DD/YY)
LIMITS
A GENERAL LIABILITY
[x] COMMERCIAL GENERAL LIABILITY [x]
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; if architectural, engineering or electrical work will be performed under the Agreement
Minimum coverage $1,000,000
Each consultant/
$500,000
& listed sub-consultant
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
CERTIFICATE HOLDER
CITY OF OXN
ARD
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
Agreement No. A-8422
29 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 AGREEMEN
TS/PERMITS TYPE OF INSURANCE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
COMPREHENSIVE GENERAL LIABILITY
OWNERS & CONTRACTORS PROTECTIVE
Claims M
ade
Retroactive Date
Occurrence
OTHER PROVISIONS
COVERAGES
LIABILITY LIMITS IN THOUSANDS $
EACH OCCURRENCE AGGREGATE
GENERAL
PRODUCTS/COMPLETED OPERATIONS
PERSONAL & ADVERTISING INJURY
FIRE DAMAGE
Underwriter=s representative for claims pursuant to this insurance.
CLAIMS:
Name:
Address:
Telephone: ( )
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, employees and volunteers are included as insureds with regard to liability and defense of sui ts arising from the operations, products and activities performed by or on behalf of the named insured.
2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary ins urance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organiz ation would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of t he 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 compl y with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Commercial General Liability Coverage, “occurrence” form CG0001; or b. If excess, affords coverage which is at least as broad as the primary insurance form CG0001.
Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXNARD
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 hereon do so bind this company to this endorsement.
Signature
(original signature required)
Telephone: ( ) Date Signed
Rev. 11/21 INS-D.doc
Agreement No. A-8422
30 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 endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, volunteers and employees are included as insureds with regard to liability and defense of suits arising from the operations, products and activities performed by or on behalf of the named insured.
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 respe cts the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, a ny other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the City, its officers, agents, employees or volunteers.
6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Automobile Liability Coverage, “occurrence” form CA0001, code ("any auto"); or b. If excess, affords coverage which is at least as broad as the primary insurance form referenced in the preceding section (1).
Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, con ditions, agreemen ts or exclusions of the policy to which this endorsement is attached.
ENDORSEMENT HOLDER
CITY OF OXN
ARD
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 hereon do so bind this company to this endorsement.
Signature
(original signature required)
Telephone: ( ) Date Signed
Rev. 11/21
Agreement No. A-8422
31 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 200 300 400 500 60050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
CFD PARK TURF MAINTENANCE: LINEAR PARK
CFD Maintained Parks Landscape Areas
1.98 Acres Landscaping
Agreement No. A-8422
32 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 200 300 400 50050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
CFD PARK TURF MAINTENANCE: CENTRAL PARK
CFD Maintained Parks Landscape Areas
4.17 Acres Landscaping
Agreement No. A-8422
33 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 20050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
CFD PARK TURF MAINTENANCE: VILLAGE GREEN PARK
CFD Maintained Parks Landscape Areas
1.07 Acres Landscaping
Agreement No. A-8422
34 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 200 300 40050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
CFD PARK TURF MAINTENANCE: EAST PARK
CFD Maintained Parks Landscape Areas
3.85 Acres Landscaping
Agreement No. A-8422
35 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 200 300 40050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
CFD PARK TURF MAINTENANCE: GATEWAY PARK
CFD Maintained Parks Landscape Areas
2.55 Acres Landscaping
Agreement No. A-8422
36 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 200 300 40050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
CFD PARK TURF MAINTENANCE: WINDROW PARK
CFD Maintained Parks Landscape Areas
4.41 Acres Landscaping
Agreement No. A-8422
37 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 200 300 400 500 60050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
CFD PARK TURF MAINTENANCE: VINEYARDS PARK
CFD Maintained Parks Landscape Areas
4.21 Acres Landscaping
Agreement No. A-8422
38 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 200 300 400 500 60050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
CFD PARK TURF MAINTENANCE: WESPORT PARK NORTH
CFD Maintained Parks Landscape Areas
2.89 Acres Landscaping
Agreement No. A-8422
39 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 200 300 40050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
CFD PARK TURF MAINTENANCE: WESPORT PARK SOUTH
CFD Maintained Parks Landscape Areas
1.03 Acres Landscaping
Agreement No. A-8422
40 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 200 30050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
CFD PARK TURF MAINTENANCE: CRESCENT PARK
CFD Maintained Parks Landscape Areas
1.91 Acres Landscaping
Agreement No. A-8422
41 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 10050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
CFD PARK TURF MAINTENANCE: CHILDRENS' PARK
CFD Maintained Parks Landscape Areas
0.31 Acres Landscaping
Agreement No. A-8422
42 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 200 300 40050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
CFD PARK TURF MAINTENANCE: SEABRIDGE EAST
CFD Maintained Parks Landscape Areas
1.64 Acres Landscaping
Agreement No. A-8422
43 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 200 30050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
CFD PARK TURF MAINTENANCE: SEABRIDGE SOUTH
CFD Maintained Parks Landscape Areas
0.89 Acres Landscaping
Agreement No. A-8422
44 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 200 300 40050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
CFD PARK TURF MAINTENANCE: SEABRIDGE WEST
CFD Maintained Parks Landscape Areas
0.92 Acres Landscaping
Agreement No. A-8422
45 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 200 300 40050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
CFD PARK TURF MAINTENANCE: RIO DEL MAR
CFD Maintained Parks Landscape Areas
3.62 Acres Landscaping
Agreement No. A-8422
46 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 200 300 400 500 600 70050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
CFD PARK TURF MAINTENANCE: RIO VISTA
CFD Maintained Parks Landscape Areas
8.5 Acres Landscaping
Agreement No. A-8422
47 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 200 300 40050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: BECK PARK
Gopher Management Areas
~7.75 ACRES
Agreement No. A-8422
48 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 200 30050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: CABRILLO PARK Gopher Management Areas
~5.19 ACRES
Agreement No. A-8422
49 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 200 300 400 50050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: CARTY PARK
Gopher Management Areas
~3.52 ACRES
Agreement No. A-8422
50 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 200 30050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: COLLEGE ESTATES PARK Gopher Management Areas
~5.58 ACRES
Agreement No. A-8422
51 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 200 300 400 500 600 700 800 90050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: COLLEGE PARK
Gopher Management Areas
~26.79 ACRES
Agreement No. A-8422
52 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 200 300 40050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: COLONIA PARK
Gopher Management Areas
~5.42 ACRES
Agreement No. A-8422
53 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 200 300 400 500 60050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: COMMUNITY CENTER PARK EAST Gopher Management Areas
~7.04 ACRES
Agreement No. A-8422
54 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 200 300 400 500 60050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: COMMUNITY CENTER PARK WEST Gopher Management Areas
~5.49 ACRES
Agreement No. A-8422
55 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 20050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: CONNELLY PARK Gopher Management Areas
~1.85 ACRES
Agreement No. A-8422
56 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 200 300 400 50050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: DEL SOL PARK
Gopher Management Areas
~11 ACRES
Agreement No. A-8422
57 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 200 300 40050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: DURLEY PARK
Gopher Management Areas
~9.3 ACRES
Agreement No. A-8422
58 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 200 300 400 50050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: EAST VILLAGE PARK Gopher Management Areas
~5.47 ACRES
Agreement No. A-8422
59 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 200 30050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: EASTWOOD PARK Gopher Management Areas
~3.79 ACRES
Agreement No. A-8422
60 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 20050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: FIRE STATION #5 Gopher Management Areas
~1.08 ACRES
Agreement No. A-8422
61 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 10050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: FREMONT TOT PARK Gopher Management Areas
~0.46 ACRES
Agreement No. A-8422
62 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 20050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: GARDEN CITY ACRES PARK Gopher Management Areas
~3.85 ACRES
Agreement No. A-8422
63 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 200 300 400 500 600 70050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: JOHNSON CREEK PARK Gopher Management Areas
~7.46 ACRES
Agreement No. A-8422
64 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 200 300 400 500 600 700 800 90050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: KOHALA PARK
Gopher Management Areas
~1.01 ACRES
Agreement No. A-8422
65 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 10050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: LATHROP PARK
Gopher Management Areas
~2.33 ACRES
Agreement No. A-8422
66 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 200 300 400 500 60050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: LEMONWOOD PARK Gopher Management Areas
~7.43 ACRES
Agreement No. A-8422
67 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 20050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: MARINA WEST PARK Gopher Management Areas
~5.65 ACRES
Agreement No. A-8422
68 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 200 300 40050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: ORCHARD PARK
Gopher Management Areas
~9.08 ACRES
Agreement No. A-8422
69 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 200 300 400 500 600 700 80050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: OXNARD BEACH PARK Gopher Management Areas
~10.1 ACRES
Agreement No. A-8422
70 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 200 300 400 500 600 700 800 90050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: OXNARD BEACH PARK Gopher Management Areas
~2.65 ACRES
Agreement No. A-8422
71 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 10050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: PLAZA PARK
Gopher Management Areas
~1.38 ACRES
Agreement No. A-8422
72 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 200 300 400 50050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: PLEASANT VALLEY PARK Gopher Management Areas
~8.11 ACRES
Agreement No. A-8422
73 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 200 300 40050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: RIO LINDO PARK Gopher Management Areas
~6.34 ACRES
Agreement No. A-8422
74 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 200 30050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: SEA AIR PARK
Gopher Management Areas
~7.2 ACRES
Agreement No. A-8422
75 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 200 300 40050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: SEAVIEW PARK
Gopher Management Areas
~5.33 ACRES
Agreement No. A-8422
76 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 20050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: SIERRA LINDA PARK Gopher Management Areas
~5 ACRES
Agreement No. A-8422
77 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 200 300 40050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: SOUTHBANK PARK Gopher Management Areas
~5.66 ACRES
Agreement No. A-8422
78 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 200 300 400 500 600 70050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: SOUTHWEST COMMUNITY PARK Gopher Management Areas
~18.39 ACRES
Agreement No. A-8422
79 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 20050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: SOUTHWEST COMMUNITY PARK EXT Gopher Management Areas
~5.08 ACRES
Agreement No. A-8422
80 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 200 300 40050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: SOUTHWINDS PARK Gopher Management Areas
~5.91 ACRES
Agreement No. A-8422
81 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 20050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: THOMPSON PARK Gopher Management Areas
~2.1 ACRES
Agreement No. A-8422
82 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 200 300 40050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: VIA MARINA PARK Gopher Management Areas
~11.11 ACRES
Agreement No. A-8422
83 City of Oxnard
Geographic Information Systems
October 2021
This map is compiled by the City of Oxnard GIS Division, which is developed and operated solely for the convenience of the City. The map is for illustrative purposes only. The City does not warrant the accuracy of this map and no decision involving a risk of injury or economic loss should be made in reliance thereon. 0 100 200 30050 Feet
.
Data Sources: City of Oxnard GIS Division
County of Ventura GIS Department
GENERAL SERVICES PARK GOPHER MAINTENANCE: WILSON PARK
Gopher Management Areas
~2.37 ACRES
Agreement No. A-8422
84 H e a d w o r k s F a c ilit y 5 7 4 1 P e r k in s R d C it y o f O x n a r d G I S
P a r c e ls
1 1 / 1 7 / 2 0 2 1 , 3 : 4 3 : 5 4 P M
0 0 . 0 2 0 . 0 40 . 0 1 m i
0 0 . 0 3 0 . 0 60 . 0 1 k m
1 : 1 , 2 0 0
C it y o f O x n a r d
C it y o f O x n a r d G I S D iv is io n | T h e C it y o f O x n a r d G I S D iv is io n | C it y o f O x n a r d G I S | Agreement No. A-8422
85 W a s t e w a t e r T r e a t m e n t P la n t 6 0 0 1 P e r k in s R d C it y o f O x n a r d G I S
P a r c e ls
1 1 / 1 7 / 2 0 2 1 , 3 : 4 4 : 2 9 P M
0 0 . 0 4 0 . 0 80 . 0 2 m i
0 0 . 0 7 0 . 1 30 . 0 3 k m
1 : 2 , 4 0 0
C it y o f O x n a r d
C it y o f O x n a r d G I S D iv is io n | T h e C it y o f O x n a r d G I S D iv is io n | C it y o f O x n a r d G I S | Agreement No. A-8422
86 Agreement A-8422 with Pestmaster
Services, L.P. to Provide Gopher
Abatement Services
Public Works & Transportation Committee
February 8, 2022
Steve Howlett
Assistant Public Works Director
87 That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute Agreement A-8422 with Pestmaster Services, L.P. to provide gopher abatement at multiple City properties for a term of one year beginning April 1, 2022, with a maximum of two (2) one-year extensions ending March 31, 2025, and for a total contract not-to- exceed amount of $375,000.
RECOMMENDATION
2 88
• On October 11, 2021, the City issued a formal Request for Proposal (RFP) PW 22-24 for gopher abatement services at citywide facilities.
• The RFP closed on November 4, 2021.
• Of the five vendors that submitted bids, Pestmaster Services, L.P., was selected as the most qualified provider of gopher abatement services.
BACKGROUND
3 89
• This Agreement with Pestmaster Services, L.P. includes monthly treatments at two Wastewater facilities and all City and Special District Parks.
• There are also provisions for treatments that are not identified in the monthly services, should the need arise for treatments at other public facilities
• Additionally, this agreement also allows for the adjustment of service levels to match City's’ field and budget needs.
• Staff has confirmed that Pestmaster Services, L.P. meets all required City contractual provisions including pest control licenses, possession of a City business tax certificate, insurance certificates, and corporate filing with the California Secretary of State.
DISCUSSION
4 90
DISCUSSION
5 • No pesticide carbon monoxide
treatments.
• Early morning and late
afternoon applications.
• Pesticide applications require
staff approval and will only be
conducted if all other
treatments are not effective.
• New gopher activity that is
identified within the same
month of treatment will be
treated again at no additional
charge.
91 • This Agreement with Pestmaster Services, L.P. shall not exceed $375,000 over 3 years.
• Sufficient funds are available in the FY 2021-22 Parks operating budget (101-5701-805-8209),the Special Districts operating budget (174-1606-805-8209), and the Wastewater operating budget (621- 6205-842-8209).
• There is an estimated 5% inflation increase factored starting in FY 2022-23.
FINANCIAL IMPACT
6 92
FINANCIAL IMPACT
7 Estimated Spending Plan FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25 TOTAL Parks $17,251 $72,455 $76,078 $59,911 $225,696
Special Districts $6,749 $28,346 $29,764 $23,439 $88,298 Wastewater $1,198 $5,031 $5,283 $4,160 $15,673
As-needed $3,000 $15,000 $15,000 $12,333 $45,333
Total $28,198 $120,832 $126,125 $99,843 $375,000
93 8
This is the footer.
94 PUBLIC WORKS AND TRANSPORTATION COMMITTEE
AGENDA REPORT
REPORTS
AGENDA ITEM NO. D.2
DATE: February 8, 2022
TO: Public Works and Transportation Committee
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Agreements for On-Call Professional Engineering Services. (0/5/5)
RECOMMENDATION
That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute the following on-call professional engineering agreements:
1. Agreement A-8432 with Huitt-Zollars, Inc. in the amount not to exceed $250,000 for a three year term;
2. Agreement A-8399 with Brown and Caldwell in the amount not to exceed $750,000 for a three year term;
3. Agreement A-8410 with Dudek in the amount not to exceed $1,000,000 for a three year term;
4. Agreement A-8415 with AECOM Technical Services, Inc. in the amount not to exceed $500,000 for a three year term;
5. Agreement A-8417 with Hamner, Jewell & Associates in the amount not to exceed $500,000 for a three year term;
6. Agreement A-8435 with Kier & Wright Civil Engineers and Surveyors, Inc. in the amount not to exceed $500,000 for a three year term;
7. Agreement A-8423 with Wallace Group in the amount not to exceed $500,000 for a three year term;
8. Agreement A-8416 with Pacific Coast Land Design, Inc. in the amount not to exceed $1,000,000 for a three year term;
9. Agreement A-8419 with KTU&A in the amount not to exceed $1,000,000 for a three year term;
10. Agreement A-8420 with Cumming Management Group, Inc. in the amount not to exceed $750,000 for a three year term;
11. Agreement A-8424 with CSG Consultants, Inc. in the amount not to exceed $500,000 for a three year term; and
12. Agreement A-8421 with Transtech Engineers, Inc. in the amount not to exceed $500,000 for a three year term.
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/k35tuKbqZqk
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 95 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 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 Huitt-Zollars, Inc. 3
Year $250,000 Roadway & Structures Engineering
2 Brown and Caldwell 3
Year
$750,000 Utility Engineering
3 Dudek 3
Year
$1,000,00
0 Utility Engineering
Drainage, Hydrology, Hydraulic
Engineering
4 AECOM Technical Services, Inc. 3
Year
$500,000 Utility Engineering
5 Hamner, Jewell & Associates 3
Year
$500,000 Real Property Services/Right of Way
Acquisition Mapping
6 Kier & Wright Civil Engineers and
Surveyors, Inc. 3
Year
$500,000 Surveying
7 Wallace Group 3
Year
$500,000 Drainage, Hydrology, Hydraulic
Engineering
8 Pacific Coast Land Design, Inc. 3
Year
$1,000,00
0 Landscape Architecture & Park Design
9 KTU&A 3
Year
$1,000,00
0 Landscape Architecture & Park Design
10 Cumming Management Group, Inc. 3
Year
$750,000 Labor Compliance
96 11 CSG Consultants, Inc. 3
Year
$500,000 Development Plan Check
12 Transtech Engineers, 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 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.
Prepared by: Tatiana Arnaout, City Engineer
ATTACHMENTS
1. Agreement A-8432
2. Agreement A-8399
3. Agreement A-8410
4. Agreement A-8415
5. Agreement A-8417
6. Agreement A-8435
7. Agreement A-8423
8. Agreement A-8416
9. Agreement A-8419
10. Agreement A-8420
11. Agreement A-8424
12. Agreement A-8421
13. Presentation
97 Agreement No. A-8432
AGREEMENT FOR PROFESSIONAL SERVICES
COVER PAGE
(1) Agreement Start Date: March 1, 2022
(2) Consultant: HUITT-ZOLLARS, INC.
(3) Services: On-Call Profe ssional Roadway and Structures Engineering Services (4) Schedule of Services: The services must be complete d within three (3) years of the Agreement Start Date stated above.
(5) Agreement Ending Date: February 28, 2025
(6) Total Agreement Amount: The Total Agreement Amount shall not exceed two hundred and fifty thousand dollars ($250,000) during the three (3) year Agreement Term. (7) City’s Project Manager: Tatiana Arnaout, P.E., City Engineer (8) Consultant’s Project Manager: Kevin C. Carter, PE, Vice President/Managing Principal (9) Insurance Coverage: INS-A
(10) Addresses for Notice:
FOR CONSULTANT: FOR CITY:
Huitt-Zollars, Inc. City of Oxnard Public Works Engineering 90 E. Thousand Oaks Blvd, Suite 201 305 West Third Street, 2 nd Floor East
Thousand Oaks, CA 91360 Oxnard, CA 93030
Attn: Kevin C. Carter, PE, Vice President 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
☒ Prevailing Wages Exhibit
☒ Insurance Exhibit (INS-A)
☐ Iran Contracting Act Certification Form
98 Agreement No. A-8432
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 conclusion of the last fiscal year in which City appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.
99 Agreement No. A-8432
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 by before any such work may commence. Th e 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 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, 100
Agreement No. A-8432
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 deliverables 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,” and 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.
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, 101
Agreement No. A-8432
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 business 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 requir ed 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. 102
Agreement No. A-8432
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 entitled 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 omissions 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 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 103
Agreement No. A-8432
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.
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, 104
Agreement No. A-8432
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.
[Signatures on next page]
105
Agreement No. A-8432
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 HUITT-ZOLLARS, INC.
☒ John C. Zaragoza, Mayor1 Date Kevin Carter, Vice President 2 Date ☐ Alexander Nguyen, City Manager
☐ Daniel Willhite, Purchasing Manager
☐ , B u y e r
John Anthony Sosebee, Secretary Date
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.
106
Agreement No. A-8432
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: ro adway design, drainage systems design, utility identification and relocation, i ndependent checks of roadway de sign and quantities, project budgeting, and finally project scheduling. Consulta nt’s technical and ad ministrative approach should be consistent with appropriate County, State and Federal standards.
Structures Engineering: Consultant shall provide Structur es Engineering services, support and expertise including but not limited to the followi ng: bridge, culvert, overcrossing, overpass, drainage systems, retaining wall, or any similar type of structure. In most cases, the structure 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 surf ace treatment, surface reha bilitation methods as well as full depth reconstruction.
These methods may include fog seal, microsurfaci ng, 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, 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 that conform to the Caltrans ready to list guide procedures. This process may include plan, spec ification, and estimate (PS&E) comparisons to ensure the PS&E package is biddable and build able. 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 place on the current Caltrans standard plans and specifications and “Greenbook” Standard Specif ications for Public Works Construction and Standard Plans for Public Works Construction.
107
Agreement No. A-8432
RATES AND COSTS EXHIBIT
108
Agreement No. A-8432
PREVAILING WAGES EXHIBIT
1. Vendor acknowledges that the Project defined in the Agreement between Vend or and City is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and that this Agreement is subject to Chapter 1 and the rules and regulations established by the Di rector of Industrial Relations (“DIR”) implementing such statutes. Vendor shall perform the Project as a public work. Vendor shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.
2. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Vendor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Vendor shall post such rates at each job site covered by this Agreement.
3. Vendor is required to post job site notices, as prescribed by regulation. See Labor Code Section 1771.4(a)(2).
4. Vendor 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 penaltie s for failure to pay prevailing wages. Vendor 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 Vendor or any subcontractor. The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.
5. Vendor shall comply with La bor Code Section 1776, which requires Ve ndor and each subcontractor to (1) keep accurate payroll records and verify such records in writing under pena lty of perjury, (2) certify and make such payroll records available for inspection, and (3) inform City of the location of the records.
6. Vendor 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 a pprentices on public works projects for all apprenticeable occupations.
Before commencing work under this Agreement, Vendor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding the Project, Vendor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
7. Vendor may not be debarred or suspended throughout the Agreement Term pursuant to Labor Code Section 1777.1 or 1777.7. If he, she or it becomes debarred or suspended in the Agreement Term, Vendor must immediately notify City.
8. Vendor is not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Vendor shall con tinue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the dura tion of the term of this Agreement. This provision does not apply to construction, alteration, demolition, installation or re pair work of $25,000 or less or to maintenance work of $15,000 or less.
9. Vendor acknowledges that 8 hours labor constitutes a legal day’s work. Vendor shall comply with and be bound by Labor Code Section 1810.
10. Vendor shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours. Vendor shall, as a penalty to City, forfeit $25 for each worker employed in the performance of this Agreement by Vendor 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 Vendor’s employees in excess of 8 hours per day and 40 hours per week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.
11. The Project listed in the Agreement is subject to compliance monitoring and enforcement by the DIR.
12. Vendor shall be responsible for each and every one of its s ubcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. Ve ndor 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. Vendor 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 subc ontractor to pay its workers the specified prevailing rate of wages, Vendor shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent, Vendor shall hold harmless, de fend (with counsel approved by the City Attorney) and indemnify City, its legislative bodies, and its officials, officers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arisin g out of or incidental to any acts or omissions listed above by any person or entity (including Vendor, 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 Ven dor under this Section shall survive Agreement termination. 109
Agreement No. A-8432
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, including Contractual Liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occ urrence Form CG 0001). If a general aggregate limit is use d, that limit shall apply separately to the project or shall be twice the occurrence amount;
b. Business automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office automobile liability coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;”
c. Professional liability/errors and omissions insurance appropriate to Consultant’s profession to a minimum coverage of $1,000,000, with neither Consultant nor listed subconsultants having less than $500,000 individually. The professional liability/errors and omissions insurance must be project specific with at least a one year extended reporting period, or longer upon request.
d. Workers’ compensation insurance in compliance with the la ws 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 w aiver 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 endorsements for each insurance policy ar e to be signed by a person authorized by that insurer to bind coverage 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 reserves 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-8432
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 Cons ultant; 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 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 failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its City Council, officers, employees and volunteers. The insurance shall apply separately 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. 110
Agreement No. A-8432
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.
111
Agreement No. A-8432
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 ac cord form with the contract number and insurance exhibit identificati on information completed. Improperly addressed certificates may delay the contract start-up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number. Cancellation provisions must be endorsed to the policy. Modifying the certificate does not change coverage or obligate the carrier to provide notice of cancellation.
Endorsement Forms
Original endorsements are required for commercial general liability and business automobile liability insurance policies and must be attached to the applicable certificate of insurance. Ci ty preference is that the Cons ultant/insurer use the endorsemen t forms which are attached. Substitute form s will be accepted, however, as long as they include provisions comparable to the sample accord form.
112
Agreement No. A-8432
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._______
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
113
Agreement No. A-8432
Huitt-Zollars, Inc. Agmt A-8432 Professional Services Agmt SGC-1GENERAL LIABILITY SPECIAL
ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICATE
ENDORSEMENT NO.
ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:
Insurance Company:
Policy No.:
Policy Period: (from) (to)
LOSS ADJUSTMENT EXPENSE Included in Limits
In Addition to Limits
Telephone: Deductible Self-Insured Retention (check which) of $ with an Aggregate of $ applies to
coverage. Per Occurrence Per Claim (which) NAMED INSURED APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
COMPREHENSIVE GENERAL LIABILITY
OWNERS & CONTRACTORS PROTECTIVE
Claims Made
Retroactive Date
Occurrence
OTHER PROVISIONS
COVERAGES
LIABILITY LIMITS IN THOUSANDS $
EACH OCCURRENCE AGGREGATE
GENERAL
PRODUCTS/COMPLETED OPERATIONS
PERSONAL & ADVERTISING INJURY
FIRE DAMAGE
CLAIMS: Underwriter’s representative for claims pursuant to this insurance.
Name:
Address:
Telephone: ( )
In consideration of the premium charged and notwithstanding any inc onsistent 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 respect s the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other 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 ha ve as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect 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, 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._______
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:
114
Agreement No. A-8432
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 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 respect s the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any oth er insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the 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 organizat ion would have as a claimant if not so included.
4. CANCELLATION NOTICE. With respect to the interests of the City, this insurance shall not be canceled, or materially reduced in coverage or limits except after thirty (30) days prior written notice by receipted delivery has been given to the City.
5. PROVISIONS REGARDING THE INSURED’S DUTIES. Any failure to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect 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 limit s, conditions, agreements or excl usions of 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), 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
115
Agreement No. A-8399
AGREEMENT FOR PROFESSIONAL SERVICES
COVER PAGE
(1) Agreement Start Date: March 1, 2022
(2) Consultant: Brown and Caldwell
(3) Services: On-call Utility Engineering Services
(4) Schedule of Services: The services must be comp leted within 1,095 calendar days of the Agreement S tart Date listed above
(5) Agreement Ending Date: March 1, 2025
(6) Total Agreement Amount: $750,000
(7) City’s Project Manager: Timothy Beaman, P.E., S upervising Civil Engineer (8) Consultant’s Project Manager: Adam Zacheis, P.E ., Principal-in-Charge (9) Insurance Coverage: INS-A
(10) Addresses for Notice:
FOR CONSULTANT: FOR CITY:
Brown and Caldwell City of Oxnard
1000 Wilshire Blvd, Suite 1690 305 West Third Str eet, East Wing, Second Floor Los Angeles, CA 90017 Oxnard, CA 93030
Attn: Adam Zacheis, P.E. Attn: Timothy Beaman, P .E., (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)
☒ Prevailing Wage Exhibit
116
Agreement No. A-8399
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 in accordance with generally accepted professional eng ineering standard of care, skill and diligence norm ally provided by a professional engineer in the performance of similar consulting services, at the time services are rendered.
3. Correction of Errors. Consultant shall reperform su ch work as may be necessary to correct errors in th e Services that do not meet the standards described i n Section 2. Standard of Performance without addit ional cost to the City. 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: [email protected] . The City shall pay all undisputed invoices within thirty (30) days after receipt of an invoice.
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.
117
Agreement No. A-8399
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 to Consultant. Consultant will promptly furnish all documents requested by City that are relevant to th e project. Additionally, if this Agreement is in ex cess 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, C onsultant shall maintain and preserve all such reco rds for a period of at least 3 years after final payment under the A greement. Consultant shall include a copy of this S ection 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 118
Agreement No. A-8399
AGREEMENT
FOR PROFESSIONAL SERVICES (V-01/29/21)
costs and costs of alternative dispute resolution, including but not limited to those relating to deat h or injury to any 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, upon payment of undisputed amounts due to Consultant, without restriction or limitation upon its use, duplication or dissemination except as may be limited by paragraph c. All Documents and Mater ials shall be considered “works made for hire,” and all Documents and Materials and any and all intellectual property rights (except for preexisting intellectual property) arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the propert y of the City, upon payment of undisputed amounts d ue to Consultant, without restriction or limitation upon their use, duplication or dissemination by the City , except as may be limited by paragraph c. 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 (except for preexisting intellectual property) 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 119
Agreement No. A-8399
AGREEMENT
FOR PROFESSIONAL SERVICES (V-01/29/21)
of the Services or termination of this Agreement without additional cost or expense to the City. Additionally, anytime during the term of this agreement 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 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 Material s both in a printed format and in an electronic for mat that is acceptable to the City. Consultant may retain copie s of these Documents and Materials but must request permission from the City before use, duplication or disseminat ion of these Documents and Materials for any purpos e other than for the Services provided to the City pursuant to this Agreement.
c. Any 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, wit hout 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.
120
Agreement No. A-8399
AGREEMENT
FOR PROFESSIONAL SERVICES (V-01/29/21)
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 unique and that disclosure of the Confidential Information in breach of this Agreement may result in irreparable injury to the City.
e. If Consultant’s performance of services requires Consultant to rely on Confidential Information provided by other parties (excepting Consultant’s subcontrac tors), Consultant shall not independently verify th e validity, completeness, or accuracy of such information unless otherwise expressly engaged to do so in writing by City. 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.
121
Agreement No. A-8399
AGREEMENT
FOR PROFESSIONAL SERVICES (V-01/29/21)
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 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 reasonable 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. a. While Consultant has made reasonable efforts to incorporate into its plan for the Project any know n current project impacts of the COVID-19 pandemic, Consultan t has not accounted for, and is not responsible for , unknown future changes due to the COVID-19 pandemic, includ ing, without limitation, additional restrictions by government agencies or others (such as the availability of the site for access or the availability of client or consultant staff or others) to the extent they delay or otherwise impact the Pr oject. In that event, Consultant will notify the C ity and work in good faith to equitably address any unexpected impacts therefrom.
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.
122
Agreement No. A-8399
AGREEMENT
FOR PROFESSIONAL SERVICES (V-01/29/21)
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.
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. Opinion of Probable Costs. City acknowledges that c onstruction cost estimates, financial analyses and feasibility projections are subject to many influen ces including, but not limited to, price of labor a nd materials, unknown or latent conditions of existing equipment or structures, and time or quality of performance by third parties.
City acknowledges that such influences may not be precisely forecasted and are beyond the control of Consultant and that actual costs incurred may vary substantially f rom the estimates prepared by Consultant. Consultan t does not warrant or guarantee the accuracy of construction or development cost estimates.
39. Consultant’s Activities at Construction Site. The presence of Consultant’s personnel at a constructio n site, whether as on-site representative, resident C onsultant, construction manager, or otherwise, does not make Consultant responsible for those duties that belong to construction contractors or others, and does no t relieve construction contractors or others of their obligat ions, duties, and responsibilities, including, but not limited to, construction methods, means, techniques, sequences, and procedures necessary for completing all portio ns of the construction work in accordance with the contract documents, any health or safety programs and precautions required by such construction work, and any compliance with applicable laws and regulations. Any inspection or observation of the contractor's work is solely for the purpose of determining that the work is generally proceeding in conformance with the intent of the project specifications and contract documents. Consultant makes no warranty or guarantee with respect to the performance guarantee with respect t o the performance of a contractor. Consultant has n o authority to 123
Agreement No. A-8399
AGREEMENT
FOR PROFESSIONAL SERVICES (V-01/29/21)
exercise control over any construction contractor i n connection with their work or health or safety pr ograms and precautions. Except to protect Consultant’s own pe rsonnel and except as may be expressly required els ewhere in the scope of services, Consultant has no duty to inspec t, observe, correct, or report on health or safety deficiencies of the construction contractor.
40. Record drawings will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, ty pe of various components, or exact manner in which the Project was finally constructed. Consultant is not responsi ble for any errors or omissions in the information from others that are incorporated into the record drawings.
[Signatures on next page]
124
Agreement No. A-8399
AGREEMENT
FOR PROFESSIONAL SERVICES (V-01/29/21)
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 BROWN AND CALDWELL
☒ John C. Zaragoza, Mayor 1 Date Richard M. D’Amato, CEO 2 Date ☐ Alexander Nguyen, City Manager
☐ Daniel Willhite, Purchasing Manager
☐ , Buyer
Robert D. Goodson, 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.
125
Agreement No. A-8399
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
126
Agreement No. A-8399
o Variable frequency drives
• SCADA
o PLCs
o Equipment Specification
127
Agreement No. A-8399
AGREEMENT FOR PROFESSIONAL SERVICES (V-07/26/18)
RATES AND COSTS EXHIBIT
128
Agreement No. A-8399
129
Agreement No. A-8399
130
Agreement No. A-8399
131
Agreement No. A-8399
132
Agreement No. A-8399
133
Agreement No. A-8399
134
Agreement No. A-8399
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 135
Agreement No. A-8399
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.
1/22
136
Agreement No. A-8399
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. M odifying 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
137
Agreement No. A-8399
ACORD CERTIFICATE OF INSURANCE
ISSUE DATE (MM/DD/YY)
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
CODE SUB-CODE
COMPANIES AFFORDING INSURANCE COVERAGE
INSURED
COMPANY
LETTER
A SPECIFY COMPANY NAMES IN THIS SPACE
COMPANY
LETTER
B
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY
PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO
WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR TYPE OF INSURANCE
POLICY
NUMBER
POLICY
EFFECTIVE
DATE
(MM/DD/YY)
POLICY
EXPIRATION
DATE
(MM/DD/YY) LIMITS
A
GENERAL LIABILITY
[x] COMMERCIAL GENERAL
LIABILITY [ ] CLAIMS
MADE [x] OCCUR.
[x] OWNER'S &
CONTRACTOR'S PROT.
GENERAL AGGREGATE
$1,000,000
PRODUCTS COMP/OP AGG . $1,000,000
PERSONAL & ADV. INJURY $1,000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $
A
AUTOMOBILE LIABILITY
[x] ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
COMBINED SINGLE
$1,000,000
LIMIT
BODILY INJURY
$
(Per person)
BODILY INJURY
$
(Per accident)
PROPERTY DAMAGE
$
A
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA
FORM
EACH OCCURRENCE
$
AGGREGATE
$
A
WORKERS'
COMPENSATION
AND
EMPLOYERS' LIABILITY
STATUTORY LIMITS
EACH ACCIDENT
$1,000,000
DISEASE-POLICY LIMIT $1,000,000
DISEASE-EACH EMPLOYEE $1,000 ,000
A
OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession
Minimum coverage
$1,000,000
Each consultant/ $500,000
& listed sub-consultant
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECI AL 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
Rev. 1/22 INS-A.doc
138
Agreement No. A-8399
GENERAL LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “City”)
SUBMIT IN DUPLICAT E
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 agr eements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered
CITY AGREEMENTS/PERMITS
TYPE OF INSURANCE
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
COMPREHENSIVE GENERAL LIABILITY
OWNERS & CONTRACTORS PROTECTIVE
Claims Made
Retroactive Date
Occurrence
OTHER PROVISIONS
COVERAGES
LIABILITY LIMITS IN THOUSANDS $
EACH OCCURRENCE AGGREGATE
GENERAL
PRODUCTS/COMPLETED
OPERATIONS
PERSONAL & ADVERTISING INJURY
FIRE DAMAGE
CLAIMS : Underwriter’s representative for claims pursuant to this insurance .
Name:
Address:
Telephone : ( )
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, employees and vol unteers ar e included as insureds with regard to liability and defense of suits arising from the operations, prod ucts 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 o r on behalf of the City; or (b) products sold by th e 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 mployee s or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought 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 insurance shall not be canceled, or materiall y 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 vi olations of warranties shall not affect coverage pr ovided 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 of 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), warrant that I have authority to bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.
Signature
(original signature required)
Telephone: ( ) Date Signed:
Rev. 1/22 INS-A.doc
139
Agreement No. A-8399
AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT
FOR THE CITY OF OXNARD (the “Cit y”)
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 endorsemen t is attached or any endorsement
now or hereafter attached thereto, insurance company agrees as follows:
1. INSURED. The City, its officers, agents, volunteers and em ployees are included as insureds with regard to lia bility and defense of suits arising from the operat ions, 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 pr imary insurance as respects the City, its officers, agents, employees or volunteers; or stand in an unbroken chain of coverage excess of the named insured’s sch eduled underlying primary coverage. In either even t, any other insurance maintained by the City , its officers, agents, employees or volunteers shall be in excess of this insurance and shall not contribute with it.
3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought exce pt with re spect 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 i nsurance shall not be canceled, or materially reduc ed 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 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 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), warrant t hat 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
Rev. 1/22
140
Agreement No. A-8399
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 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 141
Agreement No. A-8399
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.
142
Agreement No. A-8410
AGREEMENT FOR PROFESSIONAL SERVICES
COVER PAGE
(1) Agreement Start Date: March 1, 2022
(2) Consultant: Dudek
(3) Services: On-Call Utility Engineering Services and On-Call Drainage, Hydrology, Hydraulic Engineer ing 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: March 1, 2025
(6) Total Agreement Amount: $1,000,000
(7) City’s Project Manager: Timothy Beaman, P.E., S upervising Civil Engineer (8) Consultant’s Project Manager: Michael Metts, P. E., Principal Engineer (9) Insurance Coverage: INS-A
(10) Addresses for Notice:
FOR CONSULTANT: FOR CITY:
Dudek City of Oxnard
605 Third Street 305 West Third Street, East Wi ng, Second Floor Encinitas, CA 92024 Oxnard, California 93030
Attn: Michael Metts, P.E., Principal Engineer Attn : Timothy Beaman, P.E. (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
☒ Prevailing Wages Exhibit
☒ Iran Contracting Act Certification
☒ Insurance Exhibit (INS-A)
143
Agreement No. A-8410
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 i s written as “(1) Agreement Start Date” on the Cover Page and shall end on the date that is writte n 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 Co ver Page, at the rates listed in Rates and Costs Exhibit, att ached hereto and incorporated herein by this refere nce. The rates in Rates and Costs Exhibit shall be in effect through the end of this Agreement. Except as otherwise exp ressly provided in this Agreement, City shall not be respo nsible for expenses incurred by Consultant in perfo rming the Services.
6. Invoices. Consultant shall submit a payment request to City by the 10 th day of each calendar month
listing the Services provided, costs of those Servi ces, and total amount due for the month. Each invoi ce must also list the current balance on the Agreement, includin g that invoice, 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. Ci ty’s payment shall not constitute nor be deemed a r elease 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 paymen t be deemed to be an assumption of responsibility o r liability by City for any defect or error in the Services per formed by Consultant and its employees, agents and subcontractors. Consultant shall provide City with a completed Request for Taxpayer Identification Nu mber and Certification, as issued by the Internal Revenue Se rvice. If any sales tax is due for the Services pe rformed by Consultant or materials or products provided to Cit y 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 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 Agree ment shall cover payment for the Services only up t o the conclusion of the last fiscal year in which City ap propriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.
144
Agreement No. A-8410
9. Coordination of Services. The Services shall be coo rdinated with the person in the position listed in “(7) City’s Project Manager” on the Cover Page, sub ject to the direction of the City Manager and Depar tment Director. Consultant hereby designates the person i n the position listed in “(8) Consultant’s Project Manager” on the Cover Page as the person responsible for the Servic es 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 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 ef forts to maintain the continuity of Consultant’s staff who a re 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 responsible for its associates and subcontractors’ labor, advice or materials provided in furtherance of providing the Services. Should any of Consultant’s employees, ass igns or subcontractors not conduct him- or herself appropriately, as determined by the City’s Project Manager, in the process of providing the Services o r 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 specif ied work under this Agreement. The City’s Project Manager must authorize all such work in wri ting before commencement. Consultant shall perform such work, and City shall pay for such additional work, in accordance 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, whic h the City’s Project Manager must approve in writing by before a ny such work may commence. The City shall compensat e 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 Manage r’s written approval before work commenced, as dete rmined by the City’s Project Manager in his or her sole discretion.
12. Audit. City shall have the option of inspecting, au diting and/or reproducing all records and other written materials used by Consultant in preparing i ts billings to City as a condition precedent to any payment to Consultant. Consultant will promptly furnish all do cuments requested by City. Additionally, if this Ag reement is in excess of $10,000, the State Auditor may examine an d audit Consultant for a period of 3 years after fi nal payment under the Agreement. Regardless of whether a State audit is permitted, Consultant shall maintain and p reserve 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 subcon tractors, and Consultant shall be responsible for i mmediately obtaining those records or other written material f rom its subcontractors upon a request by the State Auditor and/or City.
13. Termination. City may terminate this Agreement at a ny time, with or without cause and without penalty, upon 15 days prior written notice. Such te rmination 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. Co nsultant may terminate this Agreement at any time, with or witho ut cause and without penalty, upon 30 days prior wr itten notice.
Such termination shall be effective on the date spe cified in the notice, or if no date is specified, t hen 10 calendar days from the date of delivery or mailing of such n otice and only if all assignments accepted by Consu ltant have been completed before the date of termination. In t he event of termination of this Agreement by either party due to no fault or failure of performance by Consultant, C ity shall pay Consultant compensation for all Servi ces satisfactorily completed in accordance with all of the terms and provisions of this Agreement, as dete rmined by the City, before the effective date of termination; pro vided, 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, 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, em ployees, and agents (collectively, “Indemnitees”) from and again st any and all claims, demands, causes of action, d amages, 145
Agreement No. A-8410
injuries, liabilities, losses, penalties, fines, ju dgments, costs or expenses, including reimbursement of attorneys’ fees, court costs and costs of alternative dispute resolu tion, including but not limited to those relating t o death or injury to any person and injury to any property (collectively , “Claims”), to the extent that the Claims arise ou t of, pertain to, or relate to the negligence, recklessness, or willf ul misconduct of Consultant or of any of its office rs, 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 obligatio n to defend is a separate and distinct obligation f rom Consultant’s duty to indemnify and applies through final judgment, including exhaustion of any appeals . Consultant shall be obligated to defend Indemnitees in all leg al, equitable, administrative, or special proceedin gs, with counsel approved by the City Attorney, to the extent requir ed 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 t hat 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 serv ices, to the maximum extent permitted by law, Consu ltant shall hold harmless, defend and indemnify the Indemnitees from and against any and all Claims, which arise o ut of, pertain to, or relate to the performance of this Ag reement, or the failure to comply with any of the o bligations contained in this Agreement, by Consultant or of an y of its officials, directors, officers, employees, subcontractors, or agents. Consultant’s obligation to defend is a s eparate and distinct obligation from Consultant’s d uty to indemnify and applies through final judgment, including exhau stion 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 ob ligation 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 an y 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 termina tion of this Agreement. The provisions of this Sec tion 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 ob tain or attempt to obtain copyright protection as t o any Documents and Materials. Consultant hereby assigns to the City all ownership and any and all intellec tual property 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 wi thout additional cost or expense to the City. Addit ionally, 146
Agreement No. A-8410
anytime at City’s request, City shall be entitled t o possession of, and Consultant shall furnish to Ci ty’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 prepare s Documents and Materials on a computer, Consultant shall provide City with said Documents and Materials both in a pr inted format and in an electronic format that is ac ceptable to the City. Consultant may retain copies of these Documen ts and Materials but must request permission from t he City before use, duplication or dissemination of these D ocuments and Materials for any purpose other than f or 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 secu red all necessary licenses, consents or approvals to use any instrumentality, thing or comp onent as to which any intellectual property right e xists, including computer software, used in the rendering of the Ser vices and the production of all Documents and Mater ials, 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 Indemni tees harmless from any loss, claim or liability in any way related to a claim that City’s use of any of the Do cuments and Materials is violating federal, state o r local laws, any contractual provisions, or any laws relating to tra de names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or i nterests in products or inventions. Consultant sha ll bear all costs arising from the use of patented, copyrighted, trad e secret or trademarked documents, materials, equip ment, devices or processes in connection with its provision of th e services and Documents and Materials. In the eve nt the use of any of the Documents and Materials by the City is h eld to constitute an infringement and the use of an y of the same is enjoined, Consultant, at its own expense, shall: secure for City the right to continue using the Do cuments and Materials by suspension of any injunction, or by pr ocuring a license or licenses for City; or modify t he Documents and Materials so that they become non-infringing wh ile remaining in compliance with the requirements o f this Agreement.
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 with out limitation, (i) technical information, including patent, copyright, trade secret, and other proprietary information, t echniques, sketches, drawings, models, inventions, processes, apparatus, equipment, algorithms, software programs , software source documents, and formulas; or (ii) non-technic al information, including without limitation financ es, financial and accounting data and information, suppliers, cus tomers, customer lists, purchasing data and any oth er information belonging to the City or to a third par ty whose information is in the City’s possession or control under obligations of confidentiality, and which is disclo sed 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 C onsultant 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 sha ll not apply to information that (i) is already kno wn to Consultant at the time of that information’s disclo sure or becomes publicly known through no wrongful act or omission of Consultant, (ii) is communicated to a t hird party with the express written consent of City and is not subject to restrictions on further use or disclosur e, (iii) is independently developed by Consultant a nd has no relation to this Agreement, or (iv) is required by law, cour t order, court-issued subpoena or other legal proce ss to be disclosed; provided, however, that before making su ch disclosure, Consultant shall immediately provide City with written notice and a reasonable opportunity for Cit y to object to the disclosure or to take action to maintain the confidentiality of the information, unless such prior disclosure is legally impermissible.
147
Agreement No. A-8410
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 rel ief 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 Informat ion is valuable and unique and that disclosure of the Conf idential Information in breach of this Agreement ma y 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 shal l bear no liability or responsibility for errors or o missions in any Confidential Information disclosed under this Agreement or for any business decisions made by Con sultant 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 performanc e, location, compensation and discharge of all pers ons 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 corpor ations as Consultant wishes except as expressly pro vided in 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 be half of City in any capacity, to incur any debt, ob ligation or liability on behalf of City, bind City in any manne r, or otherwise act on behalf of City as an agent. Consultant and its employees are not employees of City. Consultant and its employees are not entitled to receive from Cit y any of the benefits or rights afforded employees of City, incl uding but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dent al, long-term disability and workers’ compensation insurance bene fits. Consultant shall not, at any time or in any m anner, represent that it or any of its agents or employees are in any manner agents or employees of City. Con sultant agrees to pay all required taxes on amounts paid to Consul tant under this Agreement, and to indemnify and hol d City harmless from any and all taxes, assessments, penal ties, and 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 th e payment of Consultant’s subcontractors, material suppliers, directors, officers, employees, agents and represen tatives, including compliance with social security requirements, federal and State income tax withholding, and all o ther regulations governing employer-employee relati ons, as applicable. City shall have the right to offset aga inst the amount of any compensation due to Consulta nt under this Agreement any amount due to City from Consultant as a result of its failure to promptly pay to City an y 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 religious creed, national origin, ancestry, ethnic group identificat ion, primary language, physical disability, mental disability, m edical condition, genetic information, marital stat us, gender, gender identity, gender expression, sex, sexual ori entation, age, immigration status, citizenship or m ilitary and veteran status. Consultant understands and agrees t hat it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, Consultant shall be res ponsible 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, Consul tant has investigated and considered the scope of S ervices performed, has carefully considered how the Service s should be performed, and understands the faciliti es, difficulties and restrictions attending performance of the Services under this Agreement. 148
Agreement No. A-8410