Agenda packet — Public Works & Transportation Committee, January 28, 2025 (part 6 of 7)

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Agreement No.32500379

31. DISPUTE RESOLUTION. Should an unresolved dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within a reasonable time not to exceed forty five (45) days of a request.

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

32. ASSIGNMENT. This Agreement is for the professional Services of Consultant. Any attempt by Consultant to assign the benefits or burdens of this Agreement without the prior written approval of City shall be prohibited and shall be null and void.

Consultant 's Services pursuant to this Agreement shall be provided by the Consultant’s Designated Representative or directly under his/her supervision, and Consultant shall not assign another to supervise the Consultant 's performance of this Agreement without the prior written approval of City, by and through the City’s Designated Representative.

33. CARE OF WORK. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by the City, Consultant shall immediately inform the City of such fact and shall not provide any Services, except at Consultant’s risk, until written instructions are received from the Project Manager.

34. REPORTS. Upon request by the Project Manager or as otherwise required by this Agreement, including but not limited to, the Scope of Services or Task Orders set forth in Exhibit “A”, Consultant shall prepare and submit reports to the City concerning Consultant's performance of the Services required by this Agreement.

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relating to the Agreement. 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 or until an audit has been completed and accepted by City, whichever occurs later. Consultant shall maintain all such records in City or to promptly reimburse City for all reasonable costs incurred in conducting the audit at a location other than in City, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. Consultant shall include a copy of this Section 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.

36. ADVERTISING AND PUBLICITY. Consultant 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.

37. NONDISCRIMINATORY EMPLOYMENT. Consultant shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status. Consultant understands and agrees that 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.

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

39. WAIVER. City’s review or acceptance of, or payment for, work product prepared by Consultant under this Agreement will not be construed to operate as a waiver of any rights City may have under this Agreement or of any cause of action arising from Consultant’s performance. A waiver by City of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any

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subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.

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

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

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

43. INTEGRATED AGREEMENT. This Agreement and the attached exhibits referenced herein to this Agreement represent the entire understanding between the Parties.

No verbal Agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the Parties to this Agreement and any subsequent successors and assigns.

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

45. AUTHORITY TO EXECUTE. Each Party hereto expressly warrants and represents that the signatories to this Agreement have the authority to execute this Agreement on behalf of its corporation, partnership, business entity, or governmental entity, and warrants and represents that the signatories have the authority to bind each Party to the performance of its obligations hereunder.

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

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this Agreement is in the physical possession of the Party seeking enforcement thereof.

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

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

49. ACKNOWLEDGEMENT. By signing below, Consultant acknowledges that it has reviewed the City’s Professional Services Agreement terms and conditions and insurance requirements and that Consultant hereby agrees to full compliance.

[Signatures on next page]

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IN WITNESS WHEREOF, the Parties have entered into this Agreement effective on the date as written in Section 4 and upon signature of all Parties.

CITY OF OXNARD SHANNON & WILSON, INC.
☐Luis Mc Arthur, Mayor1 Date Greg Fischer, President Date ☐Jennifer Yates, Purchasing Manager2
Travis Deane , Date
Vice
President3
ATTEST:

Lourdes A. López, City Clerk Date
(Only if Mayor authorizes)
APPROVED AS TO FORM:

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

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

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EXHIBIT A

PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Shannon & Wilson, Inc.)

SCOPE OF SERVICES

PROJECT MANAGER: Petros Gazazyan / 805-509-9110/ [email protected]

The Consultant shall provide the following services at a minimum, and as requested:

1. Perform geotechnical investigations and/or evaluations of impacts to City facilities, infrastructure, as needed during the due diligence phase of property acquisition, and other facilities as requested. The report will include a detailed soils/site investigation and summarization of findings; borings/test pits locations, soil classifications, stratification, recommended soil bearing capacity, construction recommendation regarding excavation, cut and fill, and foundation, pavement, and slab design recommendations. The report will be signed and sealed by a State of California professional engineer. If, in the opinion of the geotechnical engineer, additional borings, testing, or data is required to adequately evaluate subsurface conditions, the geotechnical engineer shall notify the City before the start and completion of boring tests and leaving the site.

2. Review and/or development of geotechnical mitigation measures based on new or revised loading conditions on underground pipelines, facilities, and structures.

3. Work with the City’s on-call Structural Engineer, upon Project Manager request, to provide geotechnical engineering services of City facilities, infrastructure, and other facilities during the initial assessment/inventory phase of major disaster post-event activities.

4. Assist the on call Structural Engineer with limited-scope feasibility assessments at the request of the City’s Project Manager.

5. Provide geotechnical soil sampling, testing, and recommendations. All drilling and sampling operations for both disturbed and undisturbed samples shall be in accordance with recommended ASTM standards and other procedures as necessary to produce the information required for the report(s). The samples shall be preserved and field logs prepared either by a geotechnical engineer or by an experienced soil technician acting under the supervision of the geotechnical engineer. Before commencing any geotechnical investigation, the consultant will review and develop the number of borings needed, along with

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their location and depth.

6. Provide geotechnical design review services for capital projects. Provide general, technical consultation to City staff involved in design review and construction overview of capital projects.

7. As part of this annual contract, the successful proposers may be requested to respond on an emergency basis for foundation assessments immediately after a catastrophic event.

8. Attend project coordination meetings when requested by the City’s Project Manager.

9. The Consultant shall secure all required City Permits prior to initiating any boring tests.

10. The geotechnical engineer shall contact and coordinate with all utility companies for information regarding buried utilities and structures, shall take all reasonable precautions to prevent damage to property, visible and concealed, and shall reasonably restore the site to the condition existing prior to the geotechnical engineer’s entry. Such restoration shall include, but not be limited to:

a. Backfilling of borings, patching of slabs and pavements, and repair of lawns and plantings.
b. Each boring should be plugged temporarily, pending additional groundwater readings if additional groundwater testing is necessary. At the completion of the groundwater readings, the boring shall be permanently plugged, including patching of slabs and pavements if required.
c. When subsequent subsidence at the conventional backfilled holes could create a hazard, all boring and coring holes shall be grouted to the surface.

General categories and subcategories

Consultant must be ready to provide any of the following services or complete tasks as requested by the City when a task order is issued by a Project Manager. This list is not intended to be exhaustive, but rather should be a guide to the tasks that would typically be asked of a consultant selected under this subcategory for geotechnical engineering, hazardous material evaluation and material testing.

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Subcategory 1:

Surface Exploration and Investigation for Geologic Setting, Soil and Geologic Conditions, Groundwater, Geologic Hazards, Seismicity, Site – Specific Ground Motion Hazard Analysis, Site Specific Shear Wave Velocity, etc. Liquefaction Potential, Soil Stabilization, Slope Stability, Earthquake-Induced Flooding and Oil Field & Methane Potential.

Typical tasks associated with this subcategory include, but not limited:
● Exploratory drilling
● Soil borings and sampling
● Percolation test
● Pavement Index Test
● Delineation/identification of subsurface contamination ● Type of contamination
● Geophysical explorations
● Groundwater investigations
● Soil stabilization through installation of stone columns in areas of high groundwater/liquefaction or any other method
● Rock/pavement Coring

Subcategory 2:

Soil Classification and Laboratory Testing
 Typical tasks associated with this subcategory include:

o Classification of soil and rock types
o Shear strength, expansion potential, and compressibility o Site Preparation
o Comprehensive soils engineering services including all hazardous material determination including complete environmental assessment phase I & II.

Construction Material & Laboratory Testing Scope of Services ● Typical tasks associated with this category include, but not limited to:

○ Testing services as assigned for complete projects/tasks, before predesign, design & construction, during bid, during construction, and post construction.

Assist the City in obtaining any all required permits related to this Service.

○ Inspection services, including but not limited to, specialty construction, grading deputy & deputy inspector and welding inspector before construction, during construction, and post construction; and including any requirements to provide inspections and testing at material manufacturing locations; as assigned for complete project/tasks.

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○ Obtain approval of any required permits, City, County, and State for this service.
○ Provide quality control.
○ Provide cost estimates for all related services to perform project/task order. ○ Perform analysis and provide reports of any and all samples of soils and materials, compaction results, and inspection results per project/task. ○ Review and assist in answering any RFI (Request for Information) that may be related to such samples and testing and inspection services. Also, review change order and provide recommendations.
○ Maintain good record keeping.
○ Provide a schedule of each task, overall schedule, and reporting process. ○ Keep communication as required with City staff and consultants. ○ Any other related duties as required by City staff related to these services.

The following are the examples of services, but not limited to:
● Nuclear gauge testing (soils and asphalt)
● Sand cone
● Sand equivalents
● Cone penetration Test
● Percolation tests
● Geophysical services such as surface wave measurements & others ● Concrete components and mix design
● Concrete/asphalt checking of production equipment and procedures concrete placement, curing and hardened specimens.
● Welding & rebar welding
● High strength bolts
● Data modeling

SERVICE OVERVIEW
The Consultant must have access to qualified, trained and, where required by the Code or government official certified and/or licensed personnel to accomplish these services on an on call as needed basis. Consultant must be able to provide such personnel in a timely manner, usually within a 24-48-hour window, but may on occasion need to provide on a call-out basis. The Consultant shall be responsible for the submittal and approval of its qualified personnel and procedures to be used under this Agreement to

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City staff prior to any initial work taking place under this Agreement. The Consultant shall be responsible for providing any and all copies of licenses, certifications and other such required documentation of proof of qualification, training and licensing of personnel to be used under this Agreement. Welding Inspector(s) must have excellent knowledge of welding processes including, but not limited to: Shielded Metal Arc Welding (SMAW), Gas Tungsten Arc Weld (GTAW) and Gas Metal Arc Welding (GMAW), Flux-Cored Arc Welding (FCAW), Plasma Arc Cutting (PAC), Submerged Arc Welding (SAW), One Sided Submerged Welding (OSW), Laser Beam Welding (LBW), Electroslag Welding (ESW), Resistance, brazing and soldering, oxygen and acetylene cutting; have ability to interpret codes and manufacturing standards American Welding Society (AWS), American Society of Mechanical Engineers (ASME), American Iron & Steel Institute (AISI), American National Standards Institute (ANSI), American Proficiency Testing (API), 1104,0831.1, AWS DI.I, ASME IX, V, VIII, and II A, B, C, E; Boiler and pressure vessel code; and American Society of Testing Materials (ASTM); vast knowledge of welding drawings, symbols, welding procedures, qualifications, welding specifications, NDE methods, PT, Magnetic Particle Testing (MT). Radiography Testing (RT), and Ultrasonic Testing (UT) Personnel to be used for this Service must be listed as Senior Certified Welding Inspection (SCWI), Certified Welding Inspector (CWI) or Certified Associate Welding Inspector (CAWI), as required for the assigned work scope, with the applicable licenses or certifications provided.

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City of Oxnard
Insert Department Name
305 West Third Street, East Wing Oxnard, California 93030 TASK
ORDER
All Task Orders must include a copy of
the vendor proposal/estimate
Task Order No.: Agreement No.:

Task Order NTE Amount: Agreement NTE Amount:

City Purchase Order No.: Agreement Type:

Prime Consultant: Subconsultant(s):

PRO
JECT TITLE OR SPECIFICATION NO.:

PROJECT DESCRIPTION:

DESCRIPTION OF SERVICES TO BE PERFORMED UNDER THIS TASK ORDER:

TIME FOR COMPLETION OF SERVICES UNDER THIS TASK ORDER:

COMPENSATION FOR SERVICES SHALL NOT EXCEED THE TASK ORDER NTE AMOUNT.

City Project Manager:

Consultant Project Manager:

Services under this Task Order shall not proceed until this Task Order is executed by the City and Consultant and the City issues a Notice to Proceed. This Task Order may only be modified in writing and subject to City approval. Consultant shall not exceed the scope of the task order or NTE amount.

City of Oxnard [Consultant]
[designated rep] Date [Name & Title] Date
Insert Department
Assistant Director/Director Date [Name & Title] Date
Account Number and Project Number Example 1011234-53200-CXXXX For internal City Use Only On-Call PSA/GSA 2024
Agreement No. 32500379

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LAX-Fee Schedule-2024
(1/2024)
2024 FEE SCHEDULE – LOS ANGELES OFFICE
Fees for Professional Services
Classification Title
Regular Rate
per hour
Overtime Rate
per hour
Officers / Associates
Senior Vice President $325.00
Vice President $290.00
Senior Associate $265.00
Associate $235.00
Engineering / Geology / Hydrology / Environmental
Senior Professional III $215.00
Senior Professional II $190.00
Senior Professional I $170.00
Professional IV $150.00
Professional III $140.00
Professional II $130.00
Professional I $120.00
Field and Lab Technician / Drafter / Technical Assistant DGI and Senior Technical Services $140.00 $175.00
Technical Services (IV,III) $120.00 $144.00
Technical Services (II, I) $90.00 $106.00
Administrative
Office Services (Senior, V, IV) $150.00 $185.00
Office Services (III, II) $105.00 $130.00
Office Services (I) $90.00 $110.00
Special Services
Senior Consultant as quoted
Consultant as quoted
Instrumentation Specialist $200.00
Vehicles Rate per hour Rate per day
Trucks and Field Vehicles $25.00 up to $200
Personal Vehicles per federal mileage rate
Expert Testimony
Hourly rates will be doubled for time spent actually providing expert testimony in court or depositions.

Field Equipment and Laboratory Testing
See separate schedule.

EXHIBIT B

PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Shannon & Wilson, Inc.)

SCHEDULE OF COMPENSATION
Agreement No. 32500379

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722
7/1/2024-
6/30/2025
7/1/2025-
6/30/2026
7/1/2026-
6/30/2027
7/1/2027-
6/30/2028
7/1/2028-
6/30/2029
Principal / Project Director $235.00 $246.75 $259.09 $272.04 $285.64 Registered Engineer $225.00 $236.25 $248.06 $260.47 $273.49 Quality Program Manager $220.00 $231.00 $242.55 $254.68 $267.41 Project Technical Advisor $215.00 $225.75 $237.04 $248.89 $261.33 Project Manager $205.00 $215.25 $226.01 $237.31 $249.18 Staff Engineer $174.00 $182.70 $191.84 $201.43 $211.50
Laboratory Manager $131.00 $137.55 $144.43 $151.65 $159.23 Laboratory Technician $110.00 $115.50 $121.28 $127.34 $133.71 Administrative $65.00 $68.25 $71.66 $75.25 $79.01
Test 7/1/2025-
6/30/2026
7/1/2026-
6/30/2027
7/1/2027-
6/30/2028
7/1/2028-
6/30/2029
Quality Control Manager $170.00 $178.50 $187.43 $196.80 $206.64 Public Works Inspector $163.00 $171.15 $179.71 $188.69 $198.13 ICC Soils Inspector/Grading Inspector/LA Deputy $167.00 $175.35 $184.12 $193.32 $202.99 ICC Structural Concrete/Masonry Inspector $167.00 $175.35 $184.12 $193.32 $202.99 Roadway Inspector $167.00 $175.35 $184.12 $193.32 $202.99 Structures Inspector $167.00 $175.35 $184.12 $193.32 $202.99 HMA / Concrete Batch Plant Inspector $163.00 $171.15 $179.71 $188.69 $198.13 Source Materials Fabrication Inspector $167.00 $175.35 $184.12 $193.32 $202.99 Quality Assurance / Quality Control Technician $163.00 $171.15 $179.71 $188.69 $198.13 AWS Certified Welding Inspector $167.00 $175.35 $184.12 $193.32 $202.99 NDE Inspection (ASNT, NDT, UT/MT/PT) $190.00 $199.50 $209.48 $219.95 $230.95 Coating Inspection (NACE II) $187.00 $196.35 $206.17 $216.48 $227.30 7/1/2024-
6/30/2025
7/1/2025-
6/30/2026
7/1/2026-
6/30/2027
7/1/2027-
6/30/2028
7/1/2028-
6/30/2029
Monthly Certified Payroll Report $150 $157.50 $165.38 $173.64 $182.33 Final Geotechnical or Design Report Replicate Copy $275 $288.75 $303.19 $318.35 $334.26 Overnight Mail (cost plus 15%) 15% 15% 15% 15% 15%
Professional Staff Rates
Per Hour Unless Otherwise Noted
Engineering and Consulting
Classification
Rate
Field Inspection and Technician Services
Office Administrative Fees
Rate
Classification
Rate
Classification
Agreement No. 32500379

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7/1/2024-
6/30/2025
7/1/2025-
6/30/2026
7/1/2026-
6/30/2027
7/1/2027-
6/30/2028
7/1/2028-
6/30/2029
Drilling/Sampling Equipment
Concrete/Asphalt Coring Equipment $583.00 $612.15 $642.76 $674.90 $708.64 Ground penetrating radar $299.00 $313.95 $329.65 $346.13 $363.44 Magnetic Imaging Technology Scanner (MIT dowel bar Scanner) (per hour) $210.00 $220.50 $231.53 $243.10 $255.26
Pavement Inertial Profiling truck (per hour) $236.00 $247.80 $260.19 $273.20 $286.86 Caltrans Rapid Strength Concrete Testing Mobile Laboratory $473.00 $496.65 $521.48 $547.56 $574.93 Onsite Project Mobile Laboratory
Remote Project Subsistence
Travel Time (billed Portal to Portal at hourly billing rate of the individual)
Overtime and Saturday Rate
Double-time, Sunday and Holiday Rate
Less than 12 Hour Notice Scheduling Surcharge
7/1/2024-
6/30/2025
7/1/2025-
6/30/2026
7/1/2026-
6/30/2027
7/1/2027-
6/30/2028
7/1/2028-
6/30/2029
Sample Pick-Up Trip (within 100 miles of closest G3 Laboratory Flat Rate) $200.00 $210.00 $220.50 $231.53 $243.10
Saturday or Sunday Sample Pick-Up Trip (within 100 miles of closest G3 Laboratory Flat Rate) $330.00 $346.50 $363.83 $382.02 $401.12 Classification
Same Day Service (dependent on availability)
1 Day Turnaround
2 Day Turnaround
3 Day Turnaround
4 Day Turnaround
100%
80%
60%
40%
25%
Sample Pick-Up
Rush Charges for Laboratory Services
Note: Available for Certain Tests at the Following Premiums Above List Price Classification
Rate
Rate
Per Day Unless Otherwise Noted
Equipment Usage
Travel and Miscellaneous
Equipment/Vehicle
Classification
Rate
Test
By quote

1.5x Hourly Rate

2.0x Hourly Rate
Standard Rate plus 50%
By quote
By quote
Laboratory Sample Handling
Per Hour Unless Otherwise Noted
Agreement No. 32500379

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7/1/2024-
6/30/2025
7/1/2025-
6/30/2026
7/1/2026-
6/30/2027
7/1/2027-
6/30/2028
7/1/2028-
6/30/2029
Coefficient of Thermal Expansion AASHTO T-336 5000 $735.00 $771.75 $810.34 $850.85 $893.40 Core Compression (including trimming) ASTM C42/C39 5001 $100.00 $105.00 $110.25 $115.76 $121.55 Cylinder: Compression Strength - 6" x 12" or 4" x 8" ASTM C39, CTM 521, AASHTO T22 5002 $45.00 $47.25 $49.61 $52.09 $54.70 Cylinder: Tested out of Sequence - 6" x 12" or 4" x 8" ASTM C39, CTM 521, AASHTO T22 5003 $51.00 $53.55 $56.23 $59.04 $61.99 Density, Absorption, and Voids in Hardened Concrete ASTM C642 5004 $407.00 $427.35 $448.72 $471.15 $494.71 Flexural Beams Not Exceeding Ref. Size of 6"x6"x18"
ASTM C78, CTM
523, AASHTO T97,
ASTM C1609
5005 $87.00 $91.35 $95.92 $100.71
$105.75
Modulus of Elasticity Test ASTM C469 5006 $237.00 $248.85 $261.29 $274.36 $288.07 Splitting Tensile Strength: Cylinders ASTM C496 5007 $116.00 $121.80 $127.89 $134.28 $141.00 Measuring Thickness of Concrete Elements Using Drilled
Cores (Per Core)
ASTM C174 / CTM
531
5011 $52.00 $54.60 $57.33 $60.20 $63.21
Drying Shrinkage (28 Days), 5 Readings up to 28 Dry Days AASHTO T160 /
ASTM C157
Modified
5009 $636.00 $667.80 $701.19 $736.25 $773.06
• Additional Reading, Per Set of Three Bars
AASHTO T160 /
ASTM C157
Modified
5009.1 $63.00 $66.15 $69.46 $72.93 $76.58
• Storage over Ninety (90) Days, Per Set of
Three Bars, Per Month
AASHTO T160 /
ASTM C157
Modified
5009.2 $37.00 $38.85 $40.79 $42.83 $44.97
7/1/2024-
6/30/2025
7/1/2025-
6/30/2026
7/1/2026-
6/30/2027
7/1/2027-
6/30/2028
7/1/2028-
6/30/2029
Coring of Test Panels in Lab (Each) 5100 $67.00 $70.35 $73.87 $77.56 $81.44 Diamond Sawing of Cores or Cylinders (Each) 5101 $45.00 $47.25 $49.61 $52.09 $54.70 7/1/2024-
6/30/2025
7/1/2025-
6/30/2026
7/1/2026-
6/30/2027
7/1/2027-
6/30/2028
7/1/2028-
6/30/2029
Concrete Laboratory Trial Batch ASTM C192 5200
Concrete Laboratory Mix Study ASTM C192 5201
Lab Drying Shrinkage (28 days Wet/28 Day Dry), 5
Readings ASTM C157 5202 $656.00 $688.80 $723.24 $759.40 $797.37 Lab Drying Shrinkage (Up to 28 days), 5 Readings
AASHTO T160 /
ASTM C157
Modified
5203 $607.00 $637.35 $669.22 $702.68 $737.81
• Additional Reading, Per Set of Three Bars
AASHTO T160 /
ASTM C157
Modified
5203.1 $63.00 $66.15 $69.46 $72.93 $76.58
• Storage over Ninety (90) Days, Per Set of
Three Bars, Per Month
AASHTO T160 /
ASTM C157
Modified
5203.2 $37.00 $38.85 $40.79 $42.83 $44.97
Time of Set (Up to 8 hours) ASTM C403 5204 $200.00 $210.00 $220.50 $231.53 $243.10 Laboratory Concrete Mix Study ASTM C192 5205
Potential Alkali Reactivity of Aggregates (Mortar-Bar
Method) – Fine Aggregate ASTM C1260 5206 $1,000.00 $1,050.00 $1,102.50 $1,157.63 $1,215.51 Potential Alkali Reactivity of Aggregates (Mortar-Bar
Method) – Coarse Aggregate
ASTM C1260 5207 $1,200.00 $1,260.00 $1,323.00 $1,389.15 $1,458.61 Potential Alkali-Silica Reactivity of Aggregate
Combinations – Accelerated Mortar Bar Method
ASTM C1567 5208 $1,200.00 $1,260.00 $1,323.00 $1,389.15 $1,458.61 Unit Weight Including Lightweight Concrete, Air Dry
Method
ASTM C567 5209 $125.00 $131.25 $137.81 $144.70 $151.94
Concrete Specimen Preparation
Rate
Rate
Rate
By Quote
By Quote
By Quote
Laboratory Testing Services
Concrete Tests (Field Made Specimens)
Test Test Method
Test Test Method
Invoice
Code
Invoice
Code
Concrete Mix Design and Laboratory Trial Batch
Test Test Method Invoice
Code
Agreement No. 32500379

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725
Unit Weight Including Lightweight Concrete, Oven Dry
Method ASTM C567 5210 $110.00 $115.50 $121.28 $127.34 $133.71 7/1/2024-
6/30/2025
7/1/2025-
6/30/2026
7/1/2026-
6/30/2027
7/1/2027-
6/30/2028
7/1/2028-
6/30/2029
Absorption of Masonry Block (set of 3) ASTM C140 5300 $121.00 $127.05 $133.40 $140.07 $147.08 Compressive Strength of Composite Prism, 8"x8"x16" ASTM C1314 5301 $165.00 $173.25 $181.91 $191.01 $200.56 Compressive Strength of Composite Prism, 8"x12"x16" ASTM C1314 5302 $259.00 $271.95 $285.55 $299.82 $314.82 Compression Strength of Masonry Block (set of 3) ASTM C140 5303 $266.00 $279.30 $293.27 $307.93 $323.32 Compressive Strength of Masonry Cores, 6" ASTM C39 5304 $87.00 $91.35 $95.92 $100.71 $105.75 Grout Compressive Strength, 2"x2"x2" Cube ASTM C109 5305 $55.00 $57.75 $60.64 $63.67 $66.85 Grout Compressive Strength, 3"x3"x6" Prism UBC STD 21-18, ASTM C1019 5306 $72.00 $75.60 $79.38 $83.35 $87.52
Linear Shrinkage of Masonry Block (set of 3) ASTM C426 5307 $318.00 $333.90 $350.60 $368.12 $386.53 Mortar Compressive Strength 2"x4", 3"x6" Cylinder UBC STD 21-16, ASTM C780 5309 $121.00 $127.05 $133.40 $140.07 $147.08
Mortar Compressive Strength 2"x2"x2" Cube UBC STD 21-16, ASTM C780 5310 $55.00 $57.75 $60.64 $63.67 $66.85
Shear Test of Masonry Cores, 6" DSA 5311 $121.00 $127.05 $133.40 $140.07 $147.08 Unit Weight of Masonry Block (set of 3) ASTM C140 5313 $121.00 $127.05 $133.40 $140.07 $147.08 Web and Face Shell Measurements ASTM C140 5314 $75.00 $78.75 $82.69 $86.82 $91.16 7/1/2024-
6/30/2025
7/1/2025-
6/30/2026
7/1/2026-
6/30/2027
7/1/2027-
6/30/2028
7/1/2028-
6/30/2029
Abrasion: Los Angeles Rattler ASTM C131, CTM
211, AASHTO T96 2000 $332.00 $348.60 $366.03 $384.33 $403.55 Abrasion: Los Angeles Rattler, Large-Size Coarse Agg. ASTM C535, CT 211 2001 $367.00 $385.35 $404.62 $424.85 $446.09
Atterberg Limits/Plasticity Index ASTM D4318, CTM
204, AASHTO T90 2002 $298.00 $312.90 $328.55 $344.97 $362.22 California Bearing Ratio Excluding Maximum Density (Multi- Point)
ASTM D1883,
AASHTO T193
2003 $522.00 $548.10 $575.51 $604.28 $634.49
California Bearing Ratio Excluding Maximum Density (One Point)
ASTM D1883,
AASHTO T193 2003.1 $250.00 $262.50 $275.63 $289.41 $303.88 California Bearing Ratio Excluding Maximum Density
(Cement or Lime Treated)
ASTM D1883,
AASHTO T193
2003.2 $650.00 $682.50 $716.63 $752.46 $790.08
Chloride and Sulfate Content CTM 417, CTM 422 2004 $193.00 $202.65 $212.78 $223.42 $234.59 Clay Lumps and Friable Particles ASTM C142 2005 $286.00 $300.30 $315.32 $331.08 $347.63 Cleanness Value: 1" x #4 CTM 227 2006 $261.00 $274.05 $287.75 $302.14 $317.25 Cleanness Value: 2.5" x 1.5" or 1.5" x .75" CTM 227 2007 $523.00 $549.15 $576.61 $605.44 $635.71 Corrosivity Series: Sulfate, CI, pH, Resistivity CTM 643, 417, 422 2008 $382.00 $401.10 $421.16 $442.21 $464.32 Crushed/Fractured Particles ASTM D5821, CTM
205, T335
2009 $254.00 $266.70 $280.04 $294.04 $308.74
Durability Index: Per Method – A, B, C, or D ASTM D3744, CTM 229, AASHTO T210 2010 $321.00 $337.05 $353.90 $371.60
$390.18
Expansion Index ASTM D4829 2011 $239.00 $250.95 $263.50 $276.67 $290.51 Flat Particle and Elongated Particle ASTM D4791, CTM
235 2012 $260.00 $273.00 $286.65 $300.98 $316.03
Flat or Elongated Particle ASTM D4791, CTM
235
2013 $267.00 $280.35 $294.37 $309.09 $324.54
Full Depth Reclamation (FDR) Mix Design Project Specified 2014 Material Finer than #200 Sieve by Washing ASTM D1140, CTM 202, AASHTO T11 2015 $122.00 $128.10 $134.51 $141.23
$148.29
Moisture and Density: Ring Sample ASTM D2937 2016 $63.00 $66.15 $69.46 $72.93 $76.58 Moisture and Density: Shelby Tube Sample ASTM D2937 2017 $90.00 $94.50 $99.23 $104.19 $109.40 Rate
Test Test Method Invoice
Code
Rate
By quote
Soils and Aggregate Tests
Masonry, Prisms, Mortar, and Grout
Test Test Method Invoice
Code
Agreement No. 32500379

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726
Organic Impurities ASTM C40, CTM
213, AASHTO T21 2018 $128.00 $134.40 $141.12 $148.18 $155.58 Permeability of Granular Soil ASTM D2434, CTM
220, AASHTO T215 2019
R-Value: Soil ASTM D2844, CTM
301, AASHTO T190 2020 $353.00 $370.65 $389.18 $408.64
$429.07
R-Value: Aggregate Base ASTM D2844, CTM
301, AASHTO T190 2021 $491.00 $515.55 $541.33 $568.39
$596.81
Relative Compaction of Soils (California Method) CTM 216 2022 $267.00 $280.35 $294.37 $309.09 $324.54 Sand Equivalent ASTM D2419, CTM
217, AASHTO T176 2023 $168.00 $176.40 $185.22 $194.48
$204.21
$0.00 $0.00 $0.00 $0.00
Sieve w/ Hydrometer: 3/4" Gravel to Clay ASTM D422, CTM 203, AASHTO T88
2024 $300.00 $315.00 $330.75 $347.29 $364.65
Sieve w/ Hydrometer: Sand to Clay ASTM D422, CTM
203, AASHTO T88
2025 $300.00 $315.00 $330.75 $347.29 $364.65
Sieve Analysis with Wash ASTM C136, CTM
202, AASHTO T27 2026 $180.00 $189.00 $198.45 $208.37 $218.79 Sieve Analysis w/out Wash ASTM C136, CTM
202, AASHTO T27
2027 $154.00 $161.70 $169.79 $178.27 $187.19
Split Sieve Analysis (coarse/fine aggregates) ASTM C136, CTM 202, AASHTO T27
2028 $260.00 $273.00 $286.65 $300.98 $316.03
Sieve Analysis w/o Wash: W/ Cobbles ASTM C136, CTM
202, AASHTO T27
2029 $285.00 $299.25 $314.21 $329.92 $346.42
Soil Cement Treated Mix Design Project Specified 2030
Soil Max. Density & Optimum Moisture: Standard Effort ASTM D698, AASHTO T99 2031 $296.00 $310.80 $326.34 $342.66 $359.79 Soil Max. Density & Optimum Moisture: With Rock
Correction
ASTM D698,
D1557, D4718,
AASHTO T99, T180
2032 $386.00 $405.30 $425.57 $446.84
$469.19
Soil Max. Density & Optimum Moisture Density: Check Point ASTM D698,
D1557, AASHTO
T99, T180
2033 $134.00 $140.70 $147.74 $155.12 $162.88
Max. Density & Optimum Moisture: Modified Effort D1557, AASHTO T99, T180 2034 $316.00 $331.80 $348.39 $365.81 $384.10
Soils and Aggregates: Moisture Content ASTM D566, CTM
226, AASHTO T255 2035 $40.00 $42.00 $44.10 $46.31
$48.62
Soundness: Sodium or Magnesium Sulfate, 5 Cycles, Per
Sieve Size
ASTM C88, CTM
214, AASHTO T104 2036 $174.00 $182.70 $191.84 $201.43
$211.50
Specific Gravity and Absorption: Coarse Aggregate ASTM C127, CTM 206, AASHTO T85
2037 $141.00 $148.05 $155.45 $163.23 $171.39
Specific Gravity and Absorption: Fine Aggregate ASTM C128, CTM 207, AASHTO T84 2038 $220.00 $231.00 $242.55 $254.68 $267.41 Specific Gravity of Soils ASTM D854, CTM
209, AASHTO T100 2039 $138.00 $144.90 $152.15 $159.75
$167.74
Standard Specification for Concrete Aggregates (C33) ASTM C33 2040 Uncompacted Void Content - Fine Aggregate ASTM C1252, CTM 234, AASHTO T304 2041 $201.00 $211.05 $221.60 $232.68 $244.32 Unconfined Compression of Soils ASTM D2166, CTM
221, AASHTO T208 2042 $298.00 $312.90 $328.55 $344.97
$362.22
Unit Weight of Aggregates ASTM C29, CTM
212, AASHTO T19
2043 $130.00 $136.50 $143.33 $150.49 $158.02
Voids in Aggregate ASTM C29, CTM
212, AASHTO T19
2044 $130.00 $136.50 $143.33 $150.49 $158.02
Lightweight Particles, Fine Aggregate ASTM C123,
AASHTO T113 2045 $175.00 $183.75 $192.94 $202.58 $212.71 By quote
By quote
By quote
Agreement No. 32500379

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727
Lightweight Particles, Coarse Aggregate ASTM C123,
AASHTO T113 2046 $210.00 $220.50 $231.53 $243.10 $255.26 Lightweight Particles, Coarse Aggregate (Chert) ASTM C123, AASHTO T113 2047 $210.00 $220.50 $231.53 $243.10 $255.26 7/1/2024-
6/30/2025
7/1/2025-
6/30/2026
7/1/2026-
6/30/2027
7/1/2027-
6/30/2028
7/1/2028-
6/30/2029
SSD: Bulk Specific Gravity of Compacted HMA Sample or
Core
ASTM D2726, CTM
308C, AASHTO
T166
3000 $67.00 $70.35 $73.87 $77.56 $81.44
Coated: Bulk Specific Gravity Compacted HMA Sample or
Core
ASTM D1188, CTM
308A, AASHTO
T275
3001 $97.00 $101.85 $106.94 $112.29 $117.90
Draindown Characteristics in Uncompacted HMA ASTM D6390, AASHTO T305 3002 $200.00 $210.00 $220.50 $231.53 $243.10 Lab Mixed-Effect of Moisture on HMA ASTM D4867,
AASHTO T283
3003 $1,568.00 $1,646.40 $1,728.72 $1,815.16 $1,905.91
Lab Mixed-Effect of Moisture on HMA, 1 Freeze Thaw ASTM D4867, AASHTO T283
3004 $1,914.00 $2,009.70 $2,110.19 $2,215.69 $2,326.48
Plant Mixed-Effect of Moisture on HMA Mix ASTM D4867,
AASHTO T283
3005 $1,134.00 $1,190.70 $1,250.24 $1,312.75 $1,378.38
Plant Mixed-Effect of Moisture on HMA, 1 Freeze Thaw ASTM D4867, AASHTO T283
3006 $1,568.00 $1,646.40 $1,728.72 $1,815.16 $1,905.91
Extraction: % Bitumen by Ignition ASTM D6307, CTM
382, AASHTO T308 3007 $257.00 $269.85 $283.34 $297.51
$312.39
Extraction: % Bitumen by Ignition & Gradation
ASTM
D6307/D5444,
CTM 382/202,
AASHTO T308/T27
3008 $355.00 $372.75 $391.39 $410.96 $431.50
Gyratory Compacted Bulk Sp. Gr. (set of 3) ASTM D6925,
AASHTO T312 3009 $350.00 $367.50 $385.88 $405.17 $425.43 Plant Mixed - Hamburg Wheel Track Test AASHTO T234 3010 $1,439.00 $1,510.95 $1,586.50 $1,665.82 $1,749.11 Lab Mixed - Hamburg Wheel Track Test AASHTO T234 3011 $2,440.00 $2,562.00 $2,690.10 $2,824.61 $2,965.84 HMA Ignition Oven Correction Factor ASTM D6307, CTM
382, AASHTO T309 3012 $919.00 $964.95 $1,013.20 $1,063.86 $1,117.05
HMA Moisture Content CTM 370, AASHTO
T329
3013 $74.00 $77.70 $81.59 $85.66 $89.95
Hveem Mix Design Project Specified 3014
Hveem Compacted Bulk Sp, Gr. (set of 3): Paraffin
ASTM D1188, CTM
308A, AASHTO
T275
3015 $248.00 $260.40 $273.42 $287.09 $301.45
Hveem Stabilometer Test - Lab Mixed (set of 3)
ASTM D1560/1561,
CT 304/366,
AASHTO T246/247
3016 $425.00 $446.25 $468.56 $491.99 $516.59
Hveem Stabilometer Test - Plant Mixed (set of 3)
ASTM D1560/1561,
CT 304/366,
AASHTO T246/247
3017 $260.00 $273.00 $286.65 $300.98 $316.03
Lab Mixed - Indirect Tensile Strength of HMA (IDT) ASTM D6931 3018 $414.00 $434.70 $456.44 $479.26 $503.22 Plant Mixed - Indirect Tensile Strength of HMA (IDT) ASTM D6931 3019 $280.00 $294.00 $308.70 $324.14 $340.34 Lab Mixed - High Temperature Indirect Tensile Strength of

HMA (IDT-HT)
ASTM D6931 3038 $414.00 $434.70 $456.44 $479.26 $503.22 Plant Mixed - High Temperature Indirect Tensile Strength of

HMA (IDT-HT)
ASTM D6931 3039 $280.00 $294.00 $308.70 $324.14 $340.34 4" Marshall Compacted Bulk. Sp. Gr. (set of 3)
ASTM D2726, CTM
308C, AASHTO
T166
3020 $278.00 $291.90 $306.50 $321.82 $337.91
6" Marshall Compacted Bulk Sp. Gr. (set of 3)
ASTM D2726, CTM
308C, AASHTO
T166
3021 $287.00 $301.35 $316.42 $332.24 $348.85
Marshall Mix Design Project Specified 3022
Test Test Method Invoice
Code
Hot Mix Asphalt (HMA), Warm Mix Asphalt (WMA), Tests
By quote
By quote
Rate
Agreement No. 32500379

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728
Max. Theoretical Specific Gravity [RICE] ASTM D2041, CTM 309, AASHTO T209 3023 $191.00 $200.55 $210.58 $221.11 $232.16 Open Grade Mix Design Project Specified 3024
Quantitative Extraction: % Bit. & Sieve Analysis ASTM D2172, AASHTO T164
3025 $375.00 $393.75 $413.44 $434.11 $455.81
RAP Quality Testing - Total of 3 Samples CTM 384, MS-2 3026 $2,927.00 $3,073.35 $3,227.02 $3,388.37 $3,557.79 Lab Mixed - Resistance of Compacted HMA to Moisture
Damage
CTM 371 3027 $2,290.00 $2,404.50 $2,524.73 $2,650.96 $2,783.51 Resistance to Plastic Flow - 4" Marshall of Cored Sample ASTM D6926/6927, AASHTO R68/T245 3028 $184.00 $193.20 $202.86 $213.00 $223.65 Resistance to Plastic Flow - 4" Marshall Test, Plant Mix ASTM D6926/6927, AASHTO R68/T245 3029 $280.00 $294.00 $308.70 $324.14 $340.34 Resistance to Plastic Flow - 4" Marshall Test Lab Mixed ASTM D6926/6927, AASHTO R68/T245 3030 $414.00 $434.70 $456.44 $479.26 $503.22 Resistance to Plastic Flow - 6" Marshall Test Lab Mixed ASTM D5581 3031 $541.00 $568.05 $596.45 $626.28 $657.59 Resistance to Plastic Flow - 6" Marshall Test, Premixed ASTM D5581 3032 $432.00 $453.60 $476.28 $500.09 $525.10 Superpave Mix Design Project Specified 3033
Rutting Susceptibility of HMA using the APA Lab Mixed AASHTO T340 3034 $2,291.00 $2,405.55 $2,525.83 $2,652.12 $2,784.72 Rutting Susceptibility of HMA using the APA - Plant Mixed AASHTO T340 3035 $1,913.00 $2,008.65 $2,109.08 $2,214.54 $2,325.26 Lab Mixed - Rapid Shear Rutting Test (IDEAL-RT) - Set of 3 ASTM WK71466 3040 $1,500.00 $1,575.00 $1,653.75 $1,736.44 $1,823.26 Plant Mixed - Rapid Shear Rutting Test (IDEAL-RT) - Set of 3 ASTM WK71466 3041 $1,000.00 $1,050.00 $1,102.50 $1,157.63 $1,215.51 Lab Mixed - Indirect Tensile Cracking Test (IDEAL -CT) - Set of 3
ASTM 8225 3036 $1,500.00 $1,575.00 $1,653.75 $1,736.44 $1,823.26 Plant Mixed – Indirect Tensile Cracking Test (IDEAL -CT) - Set of 3
ASTM 8225 3037 $1,000.00 $1,050.00 $1,102.50 $1,157.63 $1,215.51 7/1/2024-
6/30/2025
7/1/2025-
6/30/2026
7/1/2026-
6/30/2027
7/1/2027-
6/30/2028
7/1/2028-
6/30/2029
Emulsion Residue, Evaporation ASTM D244 3100 $151.00 $158.55 $166.48 $174.80 $183.54 Emulsion Sieve Test ASTM D244 3101 $146.00 $153.30 $160.97 $169.01 $177.46 Furol Viscosity @ 77°F ASTM D7496 3102 $153.00 $160.65 $168.68 $177.12 $185.97 Furol Viscosity @ 122°F ASTM D7496 3103 $161.00 $169.05 $177.50 $186.38 $195.70 Penetration ASTM D5 3104 $140.00 $147.00 $154.35 $162.07 $170.17 Residue by Evaporation ASTM D6934 3105 $146.00 $153.30 $160.97 $169.01 $177.46 Sieve Test ASTM D6933 3106 $114.00 $119.70 $125.69 $131.97 $138.57 Storage Stability, 1 Day ASTM D6930 3107 $180.00 $189.00 $198.45 $208.37 $218.79 Storage Stability, 5 Day ASTM D6930 3108 $207.00 $217.35 $228.22 $239.63 $251.61 Wet Track Abrasion ASTM D3910 3109 $193.00 $202.65 $212.78 $223.42 $234.59 7/1/2024-
6/30/2025
7/1/2025-
6/30/2026
7/1/2026-
6/30/2027
7/1/2027-
6/30/2028
7/1/2028-
6/30/2029
Cone Penetration ASTM D217 3200 $128.00 $134.40 $141.12 $148.18 $155.58 Haake Viscosity LP-11 3201 $166.00 $174.30 $183.02 $192.17 $201.77 Resilience @ 77°F ASTM D5329 3202 $128.00 $134.40 $141.12 $148.18 $155.58 Rubber Binder Profile Project Specified 3203 $4,332.00 $4,548.60 $4,776.03 $5,014.83 $5,265.57 Softening Point ASTM D36 3204 $140.00 $147.00 $154.35 $162.07 $170.17 PG Binder Specification Compliance AASHTO M320 3205 $908.00 $953.40 $1,001.07 $1,051.12 $1,103.68 PG Grade Determination AASHTO R29 /
AASHTO M332
3206 $1,155.00 $1,212.75 $1,273.39 $1,337.06 $1,403.91
Emulsion Tests
By quote
By quote
Binder Tests
Test Test Method Invoice
Code
Test Test Method
Rate
Rate
Invoice
Code
Agreement No. 32500379

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729
Type of Service Qualification 2024 2025 2026 2027 2028 2029 NDE Inspector ASNT NDT UT/MT/PT 179.06$ 188.01$ 197.41$ 207.28$ 217.65$ 228.53$ Coating Inspector NACE II 174.75$ 183.49$ 192.66$ 202.29$ 212.41$ 223.03$ Welding Inspector CWI 169.94$ 178.44$ 187.36$ 196.73$ 206.56$ 216.89$ Precats Concrete Inspector ACI I, PCI II 137.53$ 144.41$ 151.63$ 159.21$ 167.17$ 175.53$ Concrete Inspector ACI I 147.06$ 154.41$ 162.13$ 170.24$ 178.75$ 187.69$ Material Sampling/Technician Material Sampler/Technician 132.19$ 138.80$ 145.74$ 153.03$ 160.68$ 168.71$ Item Quantity Approx. Unit Cost
Millage TBD (Federal Rate) $ 0.67 / mile
Travel
in-State TBD (Caltrans Policy) Approx. $1,500 / Trip
Travel Out-of-State TBD (Caltrans Policy) Approx. $2,500 / Trip Travel Cost *,**
* This approximate cost. All travel will be based on Caltrans Travel Policies, unless other policies are in place. Alternatively, an increa
se of $20 per hourly rate or $160/day can cover travel cost. ** Travel cost includes, airfare, lodging, transportation, and meal.

ZT Consulting Group Inc.

Inspec
tion Staff Hourly Rate
Overtime rate applies after 8 hours on the job on the weekdays and any hours worked on Saturday, Sunday, and Holidays.

Rate
s Include all clerical, administrative, and support functions, along with required equipment and materials, along with travel cost within 150 miles of jobsite.

Agreement No. 32500379

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730
ZT Consulting Group, Inc.

Material Testing Rate
2024
Ultimate Tensile Strength ASTM F606 / ASTM A370 / ASTM E8 ASTM F1554 $ 150.00 Per Bolt Coating Thickness (HDG) ASTM B499 ASTM F2329 $ 100.00 Per Bolt Coating Thickness (MG) ASTM B499 ASTM B695 $ 100.00 Per Bolt Ultimate Tensile Strength ASTM F606 / ASTM A370 / ASTM E8 ASTM A449 $ 150.00 Per Bolt Hardness ASTM F606 / ASTM E18 ASTM A449 $ 100.00 Per Bolt Coating Thickness (HDG) ASTM F2329 ASTM F2329 $ 100.00 Per Bolt Coating Thickness (MG) ASTM B695 ASTM B695 $ 100.00 Per Bolt Ultimate Tensile Strength ASTM F606 / ASTM A370 / ASTM E8 ASTM F1554 Elongation ASTM F606 / ASTM A370 / ASTM E8 ASTM F1554
Yield Strength ASTM F606 / ASTM A370 / ASTM E8 ASTM F1554 Reduction Of Area ASTM F606 / ASTM A370 / ASTM E8 ASTM F1554 Proof Load ASTM A370 / ASTM F606 ASTM A563 $ 150.00 Per Nut Hardness ASTM F606 / ASTM E18 ASTM A563 $ 100.00 Per Nut Coating Thickness (HDG) ASTM B499 ASTM F2329 $ 100.00 Per Nut Coating Thickness (MG) ASTM B499 ASTM B695 $ 100.00 Per Nut Proof Load ASTM A370 / ASTM F606 ASTM A194 $ 150.00 Per Nut Hardness ASTM F606 / ASTM E18 ASTM A194 $ 100.00 Per Nut Coating Thickness (HDG) ASTM B499 ASTM F2329 $ 100.00 Per Nut Coating Thickness (MG) ASTM B499 ASTM B695 $ 100.00 Per Nut Hardness ASTM F606 / ASTM E18 ASTM F436 $ 100.00 Per Washer Coating Thickness (HDG) ASTM B499 ASTM F2329 $ 100.00 Per Washer Coating Thickness (MG) ASTM B499 ASTM B695 $ 100.00 Per Washer Coating Thickness (HDG) ASTM B499 ASTM F2329 $ 100.00 Per Washer Coating Thickness (MG) ASTM B499 ASTM B695 $ 100.00 Per Washer Coating Thickness (HDG) ASTM B499 ASTM F2329 $ 100.00 Per Washer Coating Thickness (MG) ASTM B499 ASTM B695 $ 100.00 Per Washer ASTM A325 / ASTM F3125
ASTM A449
Hardness ASTM F606 / ASTM E18 ASTM A325 $ 100.00 Per Bolt Coating Thickness (HDG) ASTM B499 ASTM F2329 $ 100.00 Per Bolt Coating Thickness (MG) ASTM B499 ASTM B695 $ 100.00 Per Bolt ASTM A325 / ASTM F3125
ASTM A449
Hardness ASTM F606 / ASTM E18 ASTM A325 $ 100.00 Per Bolt Coating Thickness (HDG) ASTM B499 ASTM F2329 $ 100.00 Per Bolt Coating Thickness (MG) ASTM B499 ASTM B695 $ 100.00 Per Bolt Proof Load ASTM A370 / ASTM F606 ASTM A563 $ 150.00 Per Nut Hardness ASTM F606 / ASTM E18 ASTM A563 $ 100.00 Per Nut Coating Thickness (HDG) ASTM B499 ASTM F2329 $ 100.00 Per Nut Coating Thickness (MG) ASTM B499 ASTM B695 $ 100.00 Per Nut Proof Load ASTM A370 / ASTM F606 ASTM A194 $ 150.00 Per Nut Hardness ASTM F606 / ASTM E18 ASTM A194 $ 100.00 Per Nut Coating Thickness (HDG) ASTM B499 ASTM F2329 $ 100.00 Per Nut Coating Thickness (MG) ASTM B499 ASTM B695 $ 100.00 Per Nut Hardness ASTM F606 ASTM F436 $ 150.00 Per Washer
Coating Thickness (HDG) ASTM B499 ASTM F2329 $ 100.00 Per Washer Coating Thickness (MG) ASTM B499 ASTM B695 $ 100.00 Per Washer Coating Thickness (HDG) ASTM B499 ASTM F2329 $ 100.00 Per Washer Coating Thickness (MG) ASTM B499 ASTM B695 $ 100.00 Per Washer Per Bolt
Per Bolt
Per Bolt
Nuts (Grade 2H)
Flat Washers (Hardened)
DTI Washers
$ 350.00
High Strength Bolts (Minimum
Tensile of 150 ksi)
Ultimate Tensile Strength ASTM F606 / ASTM A370 / ASTM E8 $ 350.00 Nuts (Grades O, A, B, C, D, DH,
and DH3)
DTI Washers
WI-720-001
(Fastener Procedure) High Strength Bolt Assemblies
High Strength Bolts (Minimum
Tensile of 120 ksi)
Ultimate Tensile Strength
*Shall be Wedge tensile tested (10 degree wedge up ASTM F606 / ASTM A370 / ASTM E8 Nuts (Grades O, A, B, C, D, DH,
and DH3)
Nuts (Grade 2H)
Flat Washers (Hardened)
Flat Washers (Non-Hardened)
WI-720-001
(Fastener Procedure) Anchor Bolt Assemblies
Anchor Bolts (ASTM F1554)
Anchor Bolts (ASTM A449)
Anchor Bolts (Machined 505
Specimen) $ 350.00
Unit Rate Cost ZTC Work Instruction Sample
Type Components Tests Test Method Test Requirements Spec 1/3
Agreement No. 32500379

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731
ZT Consulting Group, Inc.

Material Testing Rate
2024
Unit Rate Cost ZTC Work Instruction Sample Type Components Tests Test Method Test Requirements Spec Breaking Strength ASTM A370 / ASTM A1061 / ASTM E8 ASTM A416 Yield Strength ASTM A370 / ASTM A1061 / ASTM E8 ASTM A416 Elongation ASTM A370 / ASTM A1061 / ASTM E8 ASTM A416
Ultimate Tensile Strength ASTM A706
Visible Necking + Break outside HAZ
Strain
Ultimate Tensile Strength ASTM A706
Visible Necking + Break outside HAZ
Strain
Slip Caltrans Standard Specification
Section 52-6.02B(1) $ 150.00 Per Splice Ultimate Tensile Strength CTM 670 ASTM A706 $ 60 (<#11) $ 120 (>#11) Per Splice
Slip CTM 670 Caltrans Standard Specification
Section 52-6.02B(1) $ 150.00 Per Splice Ultimate Tensile Strength ASTM A706
Visible Necking + Break outside HAZ ASTM A970
Strain
Bend Test
*Only required for welded headed bars (Sizes No. 3
to No. 10)
$ 80.00 Per Headed Bar
Ultimate Tensile Strength
Yield Strength
Elongation
Epoxy Coated Bars (For Soil
Nails) Coating Thickness ASTM A775 / CTM 687
ASTM A934 / CTM 687 Caltrans Spec Section 46-3.02A $ 150.00 Per Bar Coating Thickness ASTM A775 / CTM 687
Holiday Test ASTM A775 / CTM 686
Bend Test
*Not required for dowel bars
*Only Required for rebars
ASTM A775 / CTM 685
Dowel Bars Coating Thickness ASTM A884 / ASTM A775 / ASTM A934 ASTM A884 $ 150.00 Ber Par Coating Thickness ASTM A934 / CTM 687
Holiday Test ASTM A934 / CTM 686
Bend Test
*Not required for dowel bars
*Only Required for rebars
ASTM A934 / CTM 685
Ultimate Tensile Strength
Yield Strength
Elongation
Couplers Proof Load $ 350.00 Per Coupler Nuts Proof Load $ 150.00 Per Nut
Ultimate Tensile Strength
Yield Strength
Elongation
Couplers Proof Load $ 350.00 Per Coupler Nuts Proof Load $ 150.00 Per Nut
Per Bar
Per Bar
Per Strand
Per Splice
Per Headed Bar
Per Bar
Per Splice
$ 350.00
$ 350.00
WI-720-006
(Threaded Rebar
Procedure)
DYWIDAG Threaded Bar
Threaded Bars
ASTM A370 / ASTM E8 ASTM A722
WI-720-006
(Threaded Bar/Rebar
Procedure)
Threaded Bar Assemblies
(ASTM A722)
Threaded Bars
ASTM A370 / ASTM E8 ASTM A722
$ 250.00
Purple Epoxy ASTM A934 Per Bar $ 250.00 Per Coupon $ 350.00
WI-720-005
(Epoxy Coating
Evaluation Procedure)
Epoxy Coated Bars
Green Epoxy ASTM A775
WI-720-004
(Cast Iron and Steel
Check Sample
PT Anchorage Coupon Casting Coupon ASTM A370 / ASTM E8 ASTM A536 CTM 670
Service Splice Couplers
WI-720-003
(Spliced Reinforcing
Steel Procedure)
Headed Bars Headed Bars
CTM 670
ASTM A370
$ 80 (<#11)
$ 160 (>#11)
CTM 670
WI-720-003
(Spliced Reinforcing
Steel Procedure)
Couplers
Ultimate Butt Splice Couplers
CTM 670
ASTM A370
$ 80 (<#11)
$ 160 (>#11)
WI-720-003
(Spliced Reinforcing
Steel Procedure)
Welded Hoops Ultimate Butt Splice Welded
Hoop
CTM 670
ASTM A370 $ 80 (<#11)
$ 160 (>#11)
CTM 670
WI-720-002
(Prestressing Strand
Procedure)
Strands Strands $ 200.00
2/3
Agreement No. 32500379

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732
ZT Consulting Group, Inc.

Material Testing Rate
2024
Unit Rate Cost ZTC Work Instruction Sample Type Components Tests Test Method Test Requirements Spec Ultimate Tensile Strength
Yield Strength
Elongation
Concrete Cylinders (4 x 8 & 6 x 12) Compressive Strength ASTM C39 ASTM C39 50.00$ Per Cylinder Concrete Cores Compressive Strength ASTM C42 ASTM C42 80.00$ Per Core Durometer Hardness ASTM D2240 ASTM D2240
Tensile Strength
Elongation
Oil Swell By Mass ASTM D471 ASTM D471
Low Temperature Recovery
High Temperature Recovery
Movement Rating CTM 673 CTM 673
Durometer Hardness ASTM D2240 ASTM D2240
Tensile Strength
Ultimate Elongation
Tear Strength (Die C) ASTM D624 ASTM D624
Peel (Adhesion) Strength CTM 663 Part 2 CTM 663 Part 2
Per Rebar
Per Seal
Per Bearing
ASTM D412
ASTM D2628
ASTM D412
1,500.00$
1,100.00$
Concrete Cylinders
WI-720-009
(Type B Seal) Type B Seal Joint Seals
ASTM D412
WI-720-008
(Compressive Testing of
WI-720-010 (Elastomer
Bearing Pads) Elastomeric Bearing Pads Bearing Pads ASTM D412 ASTM D2628
$ 200.00
WI-720-007
(Reinforcing Steel
Procedure)
Plain & Deformed Reinforcement
(ASTM A615 & ASTM A706) Rebar ASTM A615 / ASTM A706 / A370 ASTM A615 3/3
Agreement No. 32500379

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733
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 services hereunder by Consultant, its agents, representatives, employees or subconsultants. a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project or shall be twice the occurrence amount; b. Business automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office automobile liability coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;” c. Professional liability/errors and omissions insurance appropriate to Consultant’s profession to a minimum coverage of $1,000,000, with neither Consultant nor listed subconsultants having less than $500,000 individually. The professional liability/errors and omissions insurance must be project specific with at least a one year extended reporting period, or longer upon request. d. Workers’ compensation insurance in compliance with the laws of the State of California, and employer’s liability insurance in an amount not less than $1,000,000 per claimant. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.

2. Consultant shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS-A. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by the Risk Manager before commencement of services. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email. If you have not received your request or are having difficulty with electronic upload, contact [email protected]

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

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

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

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

7. All insurance standards applicable to Consultant shall also be applicable to Consultant's subconsultants. Consultant agrees to maintain appropriate agreements with subconsultants and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.
1/23
Agreement No.32500379 EXHIBIT C

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Shannon & Wilson, Inc.)

INSURANCE REQUIREMENTS

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734
Exhibit INS-A

INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS Certificates of Insurance
The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance.

You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note the certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number.

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

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

INS-A.doc
Agreement No. 32500379

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735
Exhibit INS-A

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.

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

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. 1/23 INS-A.doc
Agreement No. 32500379

Page 38 of 46 ends

736
Exhibit INS-A

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

Insurance Company:

Policy No.:

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

GENERAL LIABILITY

COMMERCIAL GENERAL LIABILITY

COMPREHENSIVE GENERAL LIABILITY

OWNERS & CONTRACTORS PROTECTIVE
Claims Made
Retroactive Date
Occurrence

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.

Name:

Address:

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

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

3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to t he company’s limits of liability.

The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.

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

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

6. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office 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, alt er or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.

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

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

Rev. 1/23 INS-A.doc
Agreement No. 32500379

Page 39 of 46 ends

737
Exhibit INS-A

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

Insurance Company:

Policy No.:

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

CITY AGREEMENTS/PERMITS

COMMERCIAL AUTO POLICY

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

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

3. 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 liabi lity.

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.

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

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

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

CITY OF OXNARD
-

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

Signature
(original signature required)
Telephone: ( ) Date Signed
Rev. 1/23 INS-A.doc
Agreement No. 32500379

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738
Agreement No.32500379

EXHIBIT D

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Shannon & Wilson, Inc.)

LIVING WAGE POLICY

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

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

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

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

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

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739
Agreement No.32500379

CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2024

Consultant shall compensate any employee of Consultant who provides Services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit D.

While this Agreement is in effect, Consultant shall pay such employee no less than $19.51 per hour for each hour that such employee provides Services under this Agreement. This hourly rate shall be adjusted on July 1, 2025, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982-84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, Consultant shall provide to such employee no less than 96 hours of paid leave per calendar year.

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

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

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

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740
Agreement No.32500379

EXHIBIT E

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Shannon & Wilson, Inc.)

PREVAILING WAGE

1. Consultant acknowledges that the Project defined in the Agreement between Consultant and City is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and that this Agreement is subject to Chapter 1 and the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes.

Consultant shall perform the Project as a public work. Consultant shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.

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

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

Consultant shall, as a penalty to City, forfeit not more than $200 for each calendar day or portion thereof for each worker paid less than the DIR’s determined prevailing rates for the work or craft in which the worker is employed pursuant to this Agreement by Consultant or any subcontractor.

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

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

6. Consultant shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq.

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741
Agreement No.32500379
concerning the employment of apprentices on public works projects for all apprenticeable occupations. Before commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding the Project, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

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

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

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

10. Consultant shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by Consultant’s employees in excess of 8 hours per day and 40 hours per week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.

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

12. Consultant shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations,

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Agreement No.!32500379
and Labor Code Sections 1860 and 3700. Consultant shall include in the written contract between it and each subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ compliance, including without limitation, conducting a periodic review of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified prevailing rate of wages, Consultant shall diligently take corrective action to halt or rectify any failure.

13. To the maximum extent, Consultant shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify City, its legislative bodies, and its officials, officers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, 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 Consultant under this Section shall survive Agreement termination.

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

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

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

(b) of Public Contract Code 2203.

Company Name/Financial Institution (printed):

By (Authorized Signature):

Printed Name & Title of Person Signing:

Federal ID Number (or n/a):

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

Company Name/Financial Institution (printed):

By (Authorized Signature):

Printed Name & Title of Person Signing:

Executed in the County of
Federal ID Number (or n/a):

Date Executed
in the State of
AGREEMENT FOR PROFESSIONAL SERVICES (V0l/29/15)

EXHIBIT F

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Shannon & Wilson, Inc.)

Agreement No.32500379

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Agreement A-8386
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Agreement A-8386
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Public Works and Transportation Committee
January 28, 2025
Morgan Kessler, PE
City Engineer
Multiple Agreements for On-Call Geotechnical
Engineering/ Environmental Material Testing and
Inspection Services Professional Engineering
Services
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RECOMMENDATION 2
That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute the following four Agreements, each with an initial term of one year, from February 19, 2025, to February 18, 2026, with options for exercising four consecutive one-year period extensions ending February 18, 2030, for on-call professional engineering geotechnical services:

1. Agreement 32500365 with Earth Systems Pacific for a total amount not to exceed $1,000,000;

2. Agreement 32500368 with Twining, Inc. for a total amount not to exceed $1,000,000;

3. Agreement 32500375 with Geocon West, Inc. for a total amount not to exceed $1,000,000; and

4. Agreement 32500379 with Shannon & Wilson, Inc. for a total amount not to exceed $1,000,000.
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BACKGROUND 3
• Public Works (PW) utilizes consulting firms to provide licensed technical expertise on various subjects to support the
development and implementation of the Capital Improvement Program (CIP)
• Professional technical consultants provide services that supplement City staff skills and experience
• Having multiple on-call professional service agreements available reduces the amount of time necessary to complete CIP projects and other City projects
• Most current on-call agreements began expiring in December 2024.
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BACKGROUND 4
• Typical Geotechnical/Environmental services include:
• Foundation Design
• Specifications
• Environmental Engineering
• Feasibility Studies
• Construction Materials Testing
• Regulatory Compliance and Permitting Documentation
• Groundwater Modeling and Analysis
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BACKGROUND 5
• On-Call professional services contracts support the CIP and minor Division/Department Projects
Some examples:
• Citywide Playground replacements
• Mandalay Bay & Edison Bridge
• College Estate Park Restrooms.
• Safe Routes to School Safety and Enhancements Project • Neighborhood Street Resurfacing Kamala Park and Bartolo Square • Etting Road Street Improvements
• Fremont North Alley Reconstruction
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DISCUSSION
• The Purchasing Department released the Request for
Proposal (RFP) PW 25-33 for On-Call Geotechnical
Engineering/ Environmental Material Testing and
Inspection Services
• Released: October 7, 2024
• Due date: October 31, 2024
• Seven proposals were received:
6 Converse Consulting Earth Systems Pacific ENGEO Inc
Geocon West, Inc NV5 Shannon & Wilson
Twining
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• Proposal were reviewed and ranked by City staff:
• Engineering Division Manager
• Two Senior Construction Project Managers
• Construction Project Manager
• Ranking criteria included:
• Company profile/performance history
• Proposed staff qualifications
• Relevant experience
• Overall responsiveness to RFP
• Four (4) firms were selected for recommended award: Earth Systems Pacific, Twining, Geocon, and Shannon & Wilson
DISCUSSION 7
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FINANCIAL IMPACT
• Each agreement shall not exceed $1,000,000 per year.
• Agreements can be extended yearly for up to 4 years past initial 1-year award.
• Work Tasks will be issued individually by the Project Manager as the need arises.
• Subsequent fiscal year allocations will be requested during the annual budget process.
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End of Presentation
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PUBLIC WORKS AND TRANSPORTATION COMMITTEE

AGENDA REPORT

REPORTS
AGENDA ITEM NO. D.7

DATE: January 28, 2025

TO: Public Works and Transportation Committee

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

SUBJECT: Multiple Agreements for On-Call Architectural Design Professional Engineering Services. (10 minutes)

RECOMMENDATION

That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute the following Agreements, each with an initial term of two years from February 19, 2025, to February 18, 2027, with an option for three consecutive one-year period extensions ending February 18, 2030, for on-call professional engineering services for architectural design:

1. Agreement 32500354 with Black, O’Dowd and Associates, Inc. DBA BOA Architecture for a total amount not to exceed $750,000;

2. Agreement 32500359 with Jeff B. Zook, A Professional Architectural Corporation DBA Coastal Architects for a total amount not to exceed $750,000;

3. Agreement 32500364 with Roesling Nakamura Terada Architects, Inc. for a total amount not to exceed $750,000; and

4. Agreement 32500361 with Wallace Group, A California Corporation for a total amount not to exceed $750,000.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/mbV02_lqaRk

BACKGROUND

The Public Works Department (PW) utilizes professional consulting firms to provide licensed, technical expertise in various disciplines that support the development and implementation of the Capital Improvement Program (CIP) as well as other non-CIP projects. Utilization of these specialized contractors is necessary to provide services that supplement the skills and experience of City staff. It is in the City’s interest to have a pool of these professional service contractors available on-call for a range of technical disciplines so that services can be procured, and needed work can proceed, in fairly short order.

Pre-approved on-call professional service agreements reduce the amount of time necessary to procure service contractors and thus facilitate the timely completion of certain categories of CIP and other projects. The specific services covered under this request include but are not limited to, general architectural design services, landscape design, producing reports, studies, master plans, conceptual designs, specifications, permitting requirements, budget estimates, preliminary studies, public outreach, renderings, drawings, specifications, estimates, scopes of work and other professional services including utility coordination and design services. 769

There were six previous architectural on-call professional service agreements, and these have or are set to expire between December 21, 2024, and March 1, 2025, after their three-year contractual term. The total value of these agreements was $6,000,000; of this amount, approximately $630,000 of work was ordered as tasks.

DISCUSSION

On October 9, 2024, the Purchasing Division issued a Request for Proposal (RFP) 25-34 for On-Call Architectural Services. Outreach efforts included direct notifications to three potential vendors, publication on www.PublicPurchase.com, and posting on the City’s Purchasing website. The deadline for proposal submissions was November 4, 2024, and the City received a total of 11 proposals from the following vendors:

Andrew Goodwin Designs BFK Architecture + Planning Black O’Dowd and Associates, Inc.

Coastal Architects Environ Architecture, Inc Hunter Smith & Associates, Inc.

Rania Alomar Architect,
Inc
Roesling Nakamura Terada Architects,
Inc.

SVA Architects, Inc
Tighe Architecture Wallace Group

A rating and selection process of the proposals was then performed by a panel that consisted of the Engineering Division Manager, two Senior Construction Project Managers, and a Construction Project Manager. Scoring criteria consisted of company profile, qualifications of proposed staff, relevant professional experience and performance, and overall responsiveness that best met the RFP criteria while being consistent with the City’s municipal code. After a thorough review, the panel selected four firms to recommend for Agreement awards, with a determination that these vendors are the highest-ranked proposers based on the scoring criteria listed in the RFP and are consistent with the City’s Purchasing Policy.

Following further review by the Purchasing Division, it was determined that these vendors meet all required City contractual requirements, including possession of a City business tax certificate, insurance certificates, and corporate filing with the California Secretary of State. Therefore, based upon the analysis and research performed to date, staff believes that the four recommended vendors are capable of successfully performing On-Call Professional Services to the City of Oxnard.

Services under these agreements will be acquired on an as-needed basis with individual task orders issued for each identified work requirement (task). These will be issued and managed by the Project Manager (PM) assigned to the project. Once a new requirement is identified, all contractors will be provided the Task Order requirement on which to provide a proposal, if they so choose. The contractors will then submit their respective proposals, which will include a description of the scope of work to be performed, the method by which the consultant plans on completing the work, and a cost and schedule for completion. It is the consultant's responsibility to determine the best and most cost-effective method to complete the work. Once the City has received all proposals, they will review each and make a selection of the firm based on factors that include price, experience, methods, and schedule.

STRATEGIC PRIORITIES

This agenda item supports the Infrastructure and Natural Resources strategy. The purpose of the Infrastructure and Natural Resources strategy is to preserve and improve our roads, utilities, parks, trees, water supply and 770
natural resources through effective planning, prioritization, and an equitable and efficient use of available funding.

FINANCIAL IMPACT

The total cost for each agreement shall not exceed $750,000 per year for up to five years if all extension options are exercised. Funding for individual tasks will be sourced from projects identified in the City Council approved CIP or on rare occasions for City Divisions with non-CIP project requirements (e.g. Facilities division making minor office improvements). The respective Project Manager will ensure sufficient funding is available in the approved budget for related tasks prior to initiating work orders or services performed.

Subsequent fiscal year allocations will be requested during the annual budget process.

Prepared by: Morgan Kessler, City Engineer

ATTACHMENTS

1. Agreement 32500354 - BOA

2. Agreement 32500359 - Coastal Architects

3. Agreement 32500364 - RNT

4. Agreement 32500361 -Wallace Group

5. Prior Agreement Rates and Exhibits

6. Presentation

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ON-CALL PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF OXNARD AND
BLACK, O’DOWD AND ASSOCIATES, INC.

DBA BOA ARCHITECTURE
By This On-Ca
ll Professional Services Agreement (“Agreement”), the City of Oxnard (“City”) agrees to engage the Services of Black, O’Dowd and Associates, Inc. DBA BOA Architecture (“Consultant”), and Consultant agrees to perform the Services for City as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. City and Consultant may be individually referred to as “Party” or collectively as the “Parties.”

1. [INTENTIONALLY OMITTED]

2. SUMMARY DESCRIPTION OF SERVICES.

The Services to be performed pursuant to this agreement are described in the Scope of
Services, attached hereto as Exhibit A. The City may require Consultant to perform all
or a portion of these services through subsequently issued Task Orders.

Task Orders will be in the form of the template described in and attached the Scope of Services. The Services under this Agreement will be provided on an on-c all or as needed basis.

Consultant is
not be the exclusive provider of services to the City. The City does not guarantee a specified amount
of work under this on-call agreement.

3. PARTIES.

City of Oxnard, a general law and municipal corporation of the State of California, located at 300
West Third Street, Oxnard California 93030.

Black, O’Dowd and Associates, Inc. DBA BOA Architecture a corporation of the State of California, located at 1511 Cota Avenue, Long Beach, California 90813

4. TERM OF AGREEMENT: From: February 19, 2025 To: February 18, 2027 A. Time is of
the essence in this Agreement
B. The City shall have the option to exercise (3) consecutive (1) one-y ear term extensions,
in accordance with the scope of work and terms and
Agreement No. 32500354

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conditions of this Agreement. Any price negotiations, if allowed, shall be negotiated at the time of contract extension.

C. This Agreement shall not exceed a total of five (5) years (including the initial term and any options to extend). The City in its sole discretion may exercise the option terms upon sixty (60) days written notice to the Consultant (or any other time if the parties so agree) in accordance with Section 12 of this Agreement. The option term shall be commenced by an amendment to this agreement.

D. All Services required of Consultant under this Agreement shall be completed on or before the end of the term of the Agreement.

5. A
GREEMENT AMOUNT NOT TO EXCEED: $750,000.00 1

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

E
xhibit A: Scope of Services and Task Order Template
Exhibit B: Schedule of Compensation
Exhibit C: Insurance Requirements: City Insurance Exhibit INS-A Exhibit D: Living Wage Policy
Exhibit E: Prevailing Wage

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

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

Agreement No. 32500354

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

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

B. All proof of a City tax certificate, insurance, and W-9 forms is required prior to execution of this Agreement.

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

9. CONSULTANT’S SERVICES.

A. Consultant shall perform only the type or category of services as set forth in the “Scope of Services,” and pursuant to the information contained in the Task Orders issued pursuant to this agreement.

B. Task Orders may only be modified in writing by the City’s Project Manager or Designated Representative.

C. The Services issued pursuant to a Task Order shall be coordinated with the designated City Project Manager set forth in Exhibit A and are subject to the direction of the City Manager or Department Director. Consultant hereby designates as its Project Manager, the individual identified in Section 7 of this Agreement, as the person responsible for the Services who shall coordinate with City’s Project Manager in executing the Scope of Services and Task Order(s) under this Agreement.

D. Under no circumstances shall the Consultant exceed the amount stated in the City’s Task Order or perform additional work or services that are not included in the Task Order

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

Agreement No. 32500354

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A. The maximum not to exceed amount for any individual Task Order issued pursuant to this Agreement shall be $100,000.00 per Task Order or $200,000, if the Task Order is associated with an identified and approved Capitol Improvement Project.

B. Annual Rate and Fees adjustments must be requested in writing and shall not exceed 3% and are subject to approval by the City. Annual adjustments shall apply to Task Orders issued after the adjustment is approved and not retroactively to in progress Task Orders.

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

A. Payment Request. 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. Invoices may be emailed to: [email protected].

B. C onsultant’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 subcontracted Consultants.

C. C onsultant 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.

D. Non-Appropriation of Funds. Payments to be made to Consultant 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. 32500354

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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.

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

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

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

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

15. [RESERVED]

16. 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 Agreement No. 32500354

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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. This Agreement shall not be interpreted to prevent 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 the Consultant shall perform for the City. The City retains the right to provide general instructions to and observe the Consultant in the performance of all Services done on behalf of the City.

Consultant and its employees, subconsultants, 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 T and its employees are not employees of City. Consultant 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. Consultant shall not, at any time or in any manner, represent that it or any of its agents, subconsultants, or employees are in any manner agents, subconsultants, or employees of City.

17. LAWFUL PERFORMANCE. Consultant shall abide by all federal, state, and local laws and regulations as may be related to the performance of duties under this Agreement. Consultant, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of Services under this Agreement.

18. SAFETY REQUIREMENTS. Consultant shall not perform any Services for the City when the Consultant is impaired by alcohol or a controlled substance. When there is reasonable cause to believe that any person has violated this provision, that person shall be immediately removed from the premises and be subject to any applicable civil and/or criminal penalties under the City’s Code and/or under state law. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public. The City reserves the right to issue restraining or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The acceptance of Agreement No. 32500354

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Consultant 's work by City shall not operate as a release of the Consultant from such standard of care and workmanship.

19. STANDARD OF PERFORMANCE; WARRANTY. Consultant agrees to perform all Services required by this Agreement in a professional and competent manner, in accordance with the degree of skill and diligence which is normally employed by reputable professionals performing similar Services under similar conditions in the same or similar locality. Such Services shall also be performed in a manner which is reasonably satisfactory to City Project Manager, or designee (hereinafter the “Project Manager”), provided that discretion in determining what is satisfactory shall not alter the foregoing standard of care.

A. In accordance with the standard of care set forth in the first sentence of Section 19, the Consultant agrees that it:
(1) Has thoroughly reviewed and considered the services and work to be performed; and
(2) Has reviewed the issues regarding the Scope of Services and Task Orders to be provided; and
(3) Has carefully considered how the services and related work should be performed; and
(4) Fully understands the facilities, difficulties and restrictions associated with performance of the services required by this Agreement.

20. OWNERSHIP OF CONSULTANT’S WORK PRODUCT, CONFIDENTIALITY & DISCLOSURE, RECORDS & WARRANTY. City shall be the owner of any and all technical documents and records, including, computations, plans, correspondence, and/or other pertinent data and information, both hard copy and electronic, gathered or prepared by Consultant in performance of this Agreement and shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when the same may be requested by City.

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

B. Deliverables. Consultant shall deliver to the City the studies, plans, specifications, or other documents as are identified in the Scope of Services; and Consultant shall, upon completion of all work or termination of this Agreement, submit to the City all information developed in the course of the Consultant 's services. Consultant shall, Agreement No. 32500354

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in such time and in such form as the City may require, furnish reports concerning the status of Services required under this Agreement.

Consultant shall, upon request by City and upon completion or termination of this Agreement, deliver to the City all material furnished to Consultant by the City.

C. Records and Inspections. The Consultant shall maintain full and accurate records, with respect to all Services and matters covered under this Agreement. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.

The City shall have free access at all reasonable times to such records, both hard copy and electronic, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities.

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

E. Disclosure of Information. Consultant shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the projects assigned to Consultant by the City or other information to which the Consultant has had access during the term of this Agreement without the prior written approval of the City’s Designated Representative during the term of this Agreement and for a period of two (2) years after the termination of this Agreement.

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

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

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

23. INDEMNIFICATION, HOLD HARMLESS & DEFENSE. Except as set forth in Subsection A of this Section 23, and to the fullest extent permitted by law, Consultant shall immediately defend, indemnify, and hold harmless the City, its officers, employees, representatives, and agents (the “City Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the City (collectively “Claims”) which may arise out of Consultant's negligence or willful misconduct in the performance of the services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the City Indemnitees.

A. The provisions of this Subsection apply only in the event that Consultant is a design professional within the meaning of California Civil Code section 2782.8 (“Design Professional”). The term Design Professional, as defined in said section, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in Agreement No. 32500354

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accordance with the applicable provisions of the California Business and Professions Code.
(1) Notwithstanding the provisions of Section 23 above, to the extent that the services to be provided under this Agreement are those of a Design Professional, Consultant's duty to indemnify, hold harmless, and defend the City Indemnitees shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or subconsultants in the performance of the services described in this Agreement.
(2) In no event shall the costs of defense charged to Consultant exceed the Consultant’s proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this reference. Nothing in this Subsection b shall be construed to require Consultant to provide indemnification for Claims caused by the active negligence or willful misconduct of the City Indemnitees
B. The City does not and shall not waive any rights that it may have against Consultant under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section 23 shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.

C. The obligation to indemnify and defend, as set forth in this Section 23, is binding on the successors, assigns, or heirs of Consultant and shall survive the expiration or any early termination of this Agreement.

24. INSURANCE. Consultant shall obtain and maintain during the performance of any Services under this Agreement the insurance coverages listed within “Exhibit C”, which is attached hereto and incorporated herein by this reference, unless the Risk Manager waives, in writing, the requirement that Consultant obtain and maintain such insurance coverages. Such insurance must be issued by a company satisfactory to the Risk Manager. Consultant shall, before performance of any Services pursuant to this Agreement, file with the Risk Manager evidence of insurance coverage as specified in “Exhibit C”. Maintenance of insurance coverages by Consultant is a material element of this Agreement. Consultant’s failure to maintain or renew insurance coverages or to provide renewal evidence shall be considered a material breach of this Agreement.

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25. LIVING WAGE REQUIREMENTS. During the term of this Agreement, Consultant understands and agrees that if Living Wages are applicable, subject to the 2002 Oxnard City Council Living Wage Policy, attached as “Exhibit D” to this Agreement, Consultant will pay and/or provide the wages and/or benefits required therein to all of its employees engaged in whole or in part in performing the Services provided for by this Agreement. The Living Wage is updated on July 1 of each year, and the duty to pay the correct wage is the responsibility of the Consultant.

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

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

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

27. [RESERVED]

28. SUBCONTRACTING. If Consultant requires the assistance of a subcontractor to render any Services under this Agreement, Consultant shall obtain prior written consent from the City before a subcontractor performs any service pursuant to this Agreement. All subcontractors shall be identified in the Scope of Work or Task Order attached to this Agreement as “Exhibit A”. Consultant is fully responsible for satisfactory completion of all its subcontractors’ work. All subcontractors shall be properly licensed and insured; and bonded, if applicable. Consultant shall be Agreement No. 32500354

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responsible for all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with subcontractors performance pursuant to this Agreement or subcontractors failure to comply with any of its obligations in connection with this Agreement.

29. CONFLICT OF INTEREST. Consultant covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Consultant’s Services under this Agreement.

Consultant further covenants that in the performance of Services under this Agreement, no officer, employee or agent of Consultant having such interest shall be employed by it. In the event the City determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk. Acquisition or maintenance of a conflicting interest by Consultant may result in termination of this Agreement by the City.

30. DISPUTES. Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this Agreement, shall be decided by the City’s Designated Representative, who shall reduce this decision to writing and mail a copy to the Consultant. The decision of the City’s Designated Representative shall be final and conclusive unless Consultant requests mediation within ten (10) calendar days. Pending final decision of a dispute, the Consultant shall proceed diligently with the performance of the Agreement and in accordance with the decision of the City’s Designated Representative.

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the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.

35. 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, or for other purposes relating to the Agreement. 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 or until an audit has been completed and accepted by City, whichever occurs later. Consultant shall maintain all such records in City or to promptly reimburse City for all reasonable costs incurred in conducting the audit at a location other than in City, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. Consultant shall include a copy of this Section 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.

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

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portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect and be enforceable.

43. INTEGRATED AGREEMENT. This Agreement and the attached exhibits referenced herein to this Agreement represent the entire understanding between the Parties.

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IN WITNESS WHEREOF, the Parties have entered into this Agreement effective on the date as written in Section 4 and upon signature of all Parties.

C
ITY OF OXNARD BLACK, O’DOWD AND ASSOCIATES, INC.

DBA BOA ARCHITECTURE
E dward Lok Ng, President Date ☐Luis Mc Arthur, Mayor1 Date ☐Jennifer Yates, Purchasing Manager2
K yle Ng, Secretary3 Date
A
TTEST:

Lourdes A. López, City Clerk Date
(only if Mayor authorizes)
APPR
OVED AS TO FORM:

Stephen M. Fischer, Date
City Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 3 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the B oard Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level manager s); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

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EXHIBIT A

PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Black, O’Dowd and Associates, Inc. DBA BOA Architects)

SCOPE OF SERVICES

PROJECT MANAGER: Petros Gazazyan / 805-385-7902 / [email protected]

Utility coordination and design Services to include but not limited to the following:

Architectural and Design Scope of Services
• Develop architectural designs and specifications for new facilities or facility renovations.
• Design of renovations to facility interiors and exteriors. • Design of structural rehabilitation and/or repair work for facilities or appurtenances. • Design and specification of landscape and irrigation/architecture. • Design work for the renovation, rehabilitation, replacement, and/or new construction of mechanical, electrical, HVAC, plumbing, life safety, and other facility systems.
• Design for rehabilitation or replacement of roofs, windows, doors, etc. for City of Oxnard-owned buildings.
• Design of facility site stormwater capture and/or mitigation systems and solutions. • Preparation of CADD drawings and/or 3-D renderings which could include but not limited to as-builts, plans, and presentation materials. Consultant may be given reference materials by the City or expected to conduct their own measurements, surveys, and field visits as needed.
• Preparation of project construction documents for bid including plans, technical specifications, unit pricing sheets, and other documents necessary to solicit bids and proposals for project construction consistent with Federal, State, and local policies and practices.
• Preparation of conceptual designs including project feasibility and project alternatives.
• Development of cost estimation and value engineering analysis including operating and maintenance costs.

• Preparation of plans for project sequencing, scheduling, staging, temporary housing, and space planning.

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• Support during and after construction including but not limited to: review of submittals, construction stakeout, design services, field investigations, attending pre-construction meetings, schedule analysis, and conflict/change order resolution. • Design and development of parks including site layout, building design, parking lot design, circulation, recreation facilities, children’s play areas and playground equipment, splash pads, passive recreation areas, park furnishings landscaping, stormwater management, and utility infrastructure.

Architectural and Engineering Evaluation and Testing Scope of Work

• Facility master planning including but not limited to determining/projecting City needs, facility assessment(s), and developing implementation plan(s) for maintenance, rehabilitation, and new construction.
• Existing facility assessments including but not limited to facility condition, stormwater, code compliance, ADA compliance, OSHA compliance, space needs, security and public safety, building envelope testing, and energy use. • Structural Engineering services including but not limited to inspections and evaluations of the interior and/or exterior of existing facilities. • Mechanical, Electrical, HVAC, Plumbing, Life Safety, Lighting, and other facility systems evaluations and assessments
• Geotechnical Engineering and Testing services
• Exterior and interior surveying services which may include facilities/buildings survey, tree survey, and site survey.
• Tree impact evaluation.

Sustainable Public Facility Services Scope of Work
• Cost-benefit analysis, which may include recommendations, on implementing sustainable and green building practices for facility projects including renovation, new construction, and existing City policies and practices. • Recommendations, analysis, assessments, and evaluations regarding sustainable design and practices for City facilities and facility projects.

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TASK ORDER FORM

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City of Oxnard
Insert Department Name
305 West Third Street, East Wing Oxnard, California 93030

TASK ORDER
All Task Orders must include a copy of
the vendor proposal/estimate

Task Order No.: Agreement No.:

Task Order NTE Amount: Agreement NTE Amount:

City Purchase Order No.: Agreement Type:

Prime Consultant: Subconsultant(s):

PROJECT TITLE OR SPECIFICATION NO.:

PROJECT DESCRIPTION:

DESCRIPTION OF SERVICES TO BE PERFORMED UNDER THIS TASK ORDER: TIME FOR COMPLETION OF SERVICES UNDER THIS TASK ORDER:

COMPENSATION FOR SERVICES SHALL NOT EXCEED THE TASK ORDER NTE AMOUNT.

City Project Manager:

Consultant Project Manager:

City of Oxnard [Consultant]

[designated rep] Date [Name & Title] Date

Insert Department
Assistant Director/Director Date [Name & Title] Date

For internal City Use Only

Account Number and Project Number Example 1011234-53200-CXXXX

On-Call PSA/GSA 2024
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EXHIBIT B
PROF

ESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Black, O’Dowd and Associates, Inc. DBA BOA Architecture)

SCHEDUL

E OF COMPENSATION

JOB TITLE HOURLY (NOT TO EXCEED)
Principal Architect $160.00
Project Manager $150.00
Project Designer $125.00
Senior Designer $110.00
Senior Technical $100.00
Draftsman/AutoCAD Operator $95.00
Other Technical Staff $85.00
Structural Engineer $150.00
Mechanical Engineer $160.00
Electrical Engineer $160.00
“Other” Sub-Consultant $150.00
Clerical Staff $80.00
Prints $0.50/s.f.

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EXHIBIT C

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Black, O’Dowd and Associates, Inc DBA BOA Architects)

INSURANCE REQUIREMENTS

Prior to contract approval and beginning of services under this agreement , Consultant must procure, agree to maintain and supply evidence of insurance at the levels listed and in accordance with the other provisions listed in this document.

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Exhibit INS-A

INSURANCE REQUIREMENTS FOR CONSULTANTS
(WITH ERRORS AND OMISSIONS REQUIREMENT)

a. Commercial General Liability Insurance, including Contrac tual 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 Insura nce Services Office Commercial General Liability Coverage (Occurrenc e Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project or shall be twice the occurrence amount;

b. Business automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodil y 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. Professional liability/errors and omissio ns 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 liabi lity/errors and omissions insurance must be project specific with at least a one year extended reporting period, or longer upon request.

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

2. Consultant shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS -A. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by t he Risk Manager before commencement of services. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email. If you have not received your request or are having difficulty with electronic upload, contact [email protected]

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

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

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

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

1/23
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INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS

Certificates of Insurance

The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance.

You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note t he certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number.

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

Endorsement Forms

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

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

PRODUCER

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

CO
LTR

TYPE OF INSURANCE

POLICY
NUMBER

POLICY

EFFECTIVE
DATE
(MM/DD/YY)

POLICY

EXPIRATION
DATE
(MM/DD/YY)

LIMITS

GENERAL LIABILITY
[x] COMMERCIAL GENERAL
LIABILITY [ ] CLAIMS
MADE [x] OCCUR.
[x] OWNER'S &
CONTRACTOR'S PROT.

GENERAL AGGREGATE $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) $

AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY

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

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA
FORM

EACH OCCURRENCE $

AGGREGATE $

WORKERS'

COMPENSATION
AND

EMPLOYERS' LIABILITY

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

OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession

Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant

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

CERTIFICATE HOLDER

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

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIR
ATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30

DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT

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

AUTHORIZED REPRESENTATIVE

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

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

Insurance Company:

Policy No.:

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:

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

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the 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 i nsurance maintained by the City, its offi cers, 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 t he company’s limits of liability.

The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included.

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

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

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Commercial General Liability Coverage, “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, alt er or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.

ENDORSEMENT HOLDER

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

AUTHORIZED REPRESENTATIVE
 Broker/Agent  Underwriter 

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

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

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

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

Insurance Company:

Policy No.:

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

CITY AGREEMENTS/PERMITS

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

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

Name:

Address:

Telephone: ( )

$ per accident, for 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 operation s, products and activities performed by or on behalf of the named insured.

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the 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 othe r 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 organization would have as a claimant if not so included.

6. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
a. Insurance Services Office Automobile Liability Coverage, “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 he ld to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.

ENDORSEMENT HOLDER

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

AUTHORIZED REPRESENTATIVE
 Broker/Agent  Underwriter 

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

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

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Black, O’Dowd and Associates, Inc. DBA BOA Architects)

LIVING WAGE POLICY

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

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

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

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CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2024
Consultant shall compensate any employee of Consultant who provides Services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit D. While this Agreement is in effect, Consultant shall pay such employee no less than $19.51 per hour for each hour that such employee provides Services under this Agreement. This hourly rate shall be adjusted on July 1, 2024, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Lab or Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982-84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, Consultant shall provide to such employee no less than 96 hours of paid leave per calendar year.
a. Consult
ant agrees to post, at a location readily accessible to those employees providing Services to the City, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002 and effective October 1, 2002. b. If Consult
ant fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to Consultant, effective immediately.
c. In addit
ion, if Consultant fails to comply with the Living Wage Policy in any manner, Consultant shall pay to C ity a fine of $500 and shall pay to any employee providing Services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Consultant shall pay such fine and penalty within fifteen (15) calendar days after the C ity Manager or designee provides written notice to Consultant of the amount owed.

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EXHIBIT E

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Black, O’Dowd and Associates, Inc. DBA BOA Architects)

PREVAILING WAGE

Consultant shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.

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

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

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

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

6. Consultant shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations. Before commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days Agreement No. 32500354

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after concluding the Project, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

8. Consultant is not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Consultant shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provision does not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.

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

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

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

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

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Agreement No. 32500354

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ON-CALL PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF OXNARD AND
JEFF B. ZOOK, A PROFESSIONAL ARCHITECTURAL CORPORATION

DBA COASTAL ARCHITECTS
By
This On-Call Professional Services Agreement (“Agreement”), the City of Oxnard (“City”) agrees to engage the Services of Jeff B. Zook, A Professional Architectural Corporation dba Coastal Architects (“Consultant”), and Consultant agrees to perform the Services for City as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. City and Consultant may be individually referred to as “Party” or collectively as the “Parties.”

1. [INTENTIONALLY OMITTED]

2. SUMMARY DESCRIPTION OF SERVICES.

The Services to be performed pursuant to this agreement are described in the Scope of Services, attached hereto as Exhibit A. The City may require Consultant to perform all or a portion of these services through s ubsequently issued Task Orders.

Task Orders will be in the form of the template descr ibed in and attached the Scope of Services. The Services under this Agreement will be provided on an on-c all or as needed basis.

Consultant is not be the exclusive provider of services to the City. The City does not guarantee a specified amount of work under this on-c all agreement.

3. PARTIES.

City of Oxnard, a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030.

Jeff B. Zook, A Professional Architectural Cor poration dba Coastal Architects a corporation of the State of California, located at 1567 Spinnaker Drive, V entura, California 93001

4. TERM OF AGREEMENT: From: February 19, 2025 To: February 18, 2027 A. Time is of the essence in this Agreement
B. The City shall have the option to exercise (3) consecutive ( 1) one-year term extensions, in accordance with the scope of work and terms and Agreement No. 32500359

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conditions of this Agreement. Any price negotiations, if allowed, shall be negotiated at the time of contract extension.

D. All Services required of Consultant under this Agreement shall be completed on or before the end of the term of the Agreement.

5. A
GREEMENT AMOUNT NOT TO EXCEED: $750,000.00 1

City Designated Representative
Name: Morgan Kessler
Title: City Engineer
Phone: 805-385-7880
Email: [email protected]
Address: 305 W Third Street, East Wing,
Second Floor Oxnard, CA 93030
Consultant Designated Representative
Name: Jeff B. Zook
Title: President
Phone: 805-985-7654
Email: [email protected]
Address
1 This is not a guaranteed dollar amount. No services or work performed pursuant to a Task Order shall exceed the “Not to Exceed” Amount of the Contract or the agreed upon amount stated in the Task Order.

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8. CONTRACTUAL PREREQUSITIES. This Agreement must first be executed by the Consultant, after which the Agreement shall be approved as to form by the City Attorney, then executed by the Mayor, or an authorized person on behalf of the City, and if executed by the Mayor shall also be executed by the City Clerk.

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

B. All proof of a City tax certificate, insurance, and W-9 forms is required prior to execution of this Agreement.

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

9. CONSULTANT’S SERVICES.

B. Task Orders may only be modified in writing by the City’s Project Manager or Designated Representative.

D. Under no circumstances shall the Consultant exceed the amount stated in the City’s Task Order or perform additional work or services that are not included in the Task Order

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may only be modified by written Amendment pursuant to Section 13 of this Agreement, and may be subject to approval by the City Council.

A. The maximum not to exceed amount for any individual Task Order issued pursuant to this Agreement shall be $100,000.00 per Task Order or $200,000, if the Task Order is associated with an identified and approved Capitol Improvement Project.

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

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

15. [RESERVED]
Agreement No. 32500359

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16. 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. This Agreement shall not be interpreted to prevent 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 the Consultant shall perform for the City. The City retains the right to provide general instructions to and observe the Consultant in the performance of all Services done on behalf of the City.

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desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The acceptance of Consultant 's work by City shall not operate as a release of the Consultant from such standard of care and workmanship.

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termination of this Agreement, submit to the City all information developed in the course of the Consultant 's services. Consultant shall, in such time and in such form as the City may require, furnish reports concerning the status of Services required under this Agreement.

Consultant shall, upon request by City and upon completion or termination of this Agreement, deliver to the City all material furnished to Consultant by the City.

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Consultant in reliance on any Confidential Information disclosed under this Agreement.

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landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code.
(1) Notwithstanding the provisions of Section 23 above, to the extent that the services to be provided under this Agreement are those of a Design Professional, Consultant's duty to indemnify, hold harmless, and defend the City Indemnitees shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or subconsultants in the performance of the services described in this Agreement.
(2) In no event shall the costs of defense charged to Consultant exceed the Consultant’s proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this reference. Nothing in this Subsection b shall be construed to require Consultant to provide indemnification for Claims caused by the active negligence or willful misconduct of the City Indemnitees
B. The City does not and shall not waive any rights that it may have against Consultant under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section 23 shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.

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maintain or renew insurance coverages or to provide renewal evidence shall be considered a material breach of this Agreement.

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

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

27. [RESERVED]

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satisfactory completion of all its subcontractors’ work. All subcontractors shall be properly licensed and insured; and bonded, if applicable. Consultant shall be responsible for all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with subcontractors performance pursuant to this Agreement or subcontractors failure to comply with any of its obligations in connection with this Agreement.

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commenced by a meeting with the mediator, shall last until Agreement is reached by the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.

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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.

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

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43. INTEGRATED AGREEMENT. This Agreement and the attached exhibits referenced herein to this Agreement represent the entire understanding between the Parties.

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Representative unless specifically agreed to in writing, and initiated by City’s Designated Representative, as to each additional contractual term or condition.

Agreement No. 32500359

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IN WITNESS WHEREOF, the Parties have entered into this Agreement effective on the date as written in Section 4 and upon signature of all Parties.

C
ITY OF OXNARD JEFF B. ZOOK, A PROFESSIONAL

ARCHITECTURAL CORPORATION

DBA COASTAL ARCHITECTS
☐Luis Mc Arthur, Mayor1 Date Jeffrey B. Zook, President Date ☐Jennifer Yates, Purchasing Manager2
T obi N. Zook, Secretary3 Date
A
TTEST:

Lourdes A. López, City Clerk Date
(only if Mayor authorizes)
APPR
OVED AS TO FORM:

Stephen M. Fischer, Date
City Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 3 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level m anagers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

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EXHIBIT A

PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Jeff B. Zook, A Professional Architectural Corporation dba Coastal Architects)

SCOPE OF SERVICES

PROJECT MANAGER: Petros Gazazyan / 805-385-7902 / [email protected]

Utility coordination and design Services to include but not limited to the following:

• Preparation of plans for project sequencing, scheduling, staging, temporary Agreement No. 32500359

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housing, and space planning.
• Support during and after construction including but not limited to: review of submittals, construction stakeout, design services, field investigations, attending pre-construction meetings, schedule analysis, and conflict/change order resolution. • Design and development of parks including site layout, building design, parking lot design, circulation, recreation facilities, children’s play areas and playground equipment, splash pads, passive recreation areas, park furnishings landscaping, stormwater management, and utility infrastructure.

Architectural and Engineering Evaluation and Testing Scope of Work

Agreement No. 32500359

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TASK ORDER FORM

Agreement No. 32500359

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City of Oxnard
Insert Department Name
305 West Third Street, East Wing Oxnard, California 93030

TASK ORDER
All Task Orders must include a copy of
the vendor proposal/estimate

Task Order No.: Agreement No.:

Task Order NTE Amount: Agreement NTE Amount:

City Purchase Order No.: Agreement Type:

Prime Consultant: Subconsultant(s):

PROJECT TITLE OR SPECIFICATION NO.:

PROJECT DESCRIPTION:

DESCRIPTION OF SERVICES TO BE PERFORMED UNDER THIS TASK ORDER: TIME FOR COMPLETION OF SERVICES UNDER THIS TASK ORDER:

COMPENSATION FOR SERVICES SHALL NOT EXCEED THE TASK ORDER NTE AMOUNT.

City Project Manager:

Consultant Project Manager:

City of Oxnard [Consultant]

[designated rep] Date [Name & Title] Date

Insert Department
Assistant Director/Director Date [Name & Title] Date

For internal City Use Only

Account Number and Project Number Example 1011234-53200-CXXXX

On-Call PSA/GSA 2024
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EXHIBIT B
PROF

ESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Jeff B. Zook, A Professional Architectural Corporation dba Coastal Architects)

SCHEDUL

E OF COMPENSATION
Architecture/Planning/Engineering Hourly Rate
Principals $225
Project Manager/Senior Designer/Senior Engineer $200
Associate Architect/Designer $175
BIM/Revit $155
CAD $135
Administrative $90
Agreement No. 32500359

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EXHIBIT C

PROFESSI

ONAL SERVICES AGREEMENT
(CITY of Oxnard and Jeff B. Zook, A Professional Architectural Corporation dba Coastal Architects)
INSURA

NCE REQUIREMENTS
Prior
to contract approval and beginning of services under this agreement , Consultant must procure, agree to maintain and supply evidence of insurance at the levels listed and in accordance with the other provisions listed in this document.

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Exhibit INS-A

INSURANCE REQUIREMENTS FOR CONSULTANTS
(WITH ERRORS AND OMISSIONS REQUIREMENT)

2. Consultant shall, prior to performance of any services, file with the Risk Manager certificates of insurance with original endorsements effecting coverage required by this Exhibit INS -A. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on the attached forms or on other forms approved by the Risk Manager. All certificates and endorsements are to be received and approved by t he Risk Manager before commencement of services. City reserves the right to require complete certified copies of all required insurance policies at any time. The certificates of insurance and endorsements shall be sent via email. If you have not received your request or are having difficulty with electronic upload, contact [email protected]

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

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

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

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

1/23
Agreement No. 32500359

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INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS

Certificates of Insurance

The sample accord form on the following page is provided to facilitate your preparation and submission of certificates of insurance.

You may use this or any industry form that shows coverage as broad as that shown on the attached sample. Please note t he certificate holder address must be as shown on the attached sample accord form with the contract number and insurance exhibit identification information completed. Improperly addressed certificates may delay the contract start-up date because the City’s practice is to return unidentifiable insurance certificates to the insured for clarification as to the contract number.

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

Endorsement Forms

INS-A.doc
Agreement No. 32500359

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

PRODUCER

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

CO
LTR

TYPE OF INSURANCE

POLICY
NUMBER

POLICY

EFFECTIVE
DATE
(MM/DD/YY)

POLICY

EXPIRATION
DATE
(MM/DD/YY)

LIMITS

GENERAL LIABILITY
[x] COMMERCIAL GENERAL
LIABILITY [ ] CLAIMS
MADE [x] OCCUR.
[x] OWNER'S &
CONTRACTOR'S PROT.

GENERAL AGGREGATE $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) $

AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY

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

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA
FORM

EACH OCCURRENCE $

AGGREGATE $

WORKERS'

COMPENSATION
AND

EMPLOYERS' LIABILITY

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

OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession

Minimum coverage $1,000,000
Each consultant/ $500,000
& listed sub-consultant

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

CERTIFICATE HOLDER

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

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXP
IRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30

DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT

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

AUTHORIZED REPRESENTATIVE

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

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

Insurance Company:

Policy No.:

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 $

Name:

Address:

3. SEVERABILITY OF INTEREST. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to t he 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.

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

ENDORSEMENT HOLDER

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

AUTHORIZED REPRESENTATIVE
 Broker/Agent  Underwriter 

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

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

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

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

Insurance Company:

Policy No.:

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.

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the named insured for or on behalf of the City; or (b) products sold by the named insured to the City; or (c) premises leased by the named insured from the City, the insurance afforded by this policy shall be primary insurance as respects the 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 othe r 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 organization would have as a claimant if not so included.

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

ENDORSEMENT HOLDER

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

AUTHORIZED REPRESENTATIVE
 Broker/Agent  Underwriter 

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

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

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Jeff B. Zook, A Professional Architectural Corporation dba Coastal Architects)

LIVING WAGE POLICY

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

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

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

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CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2024
Consultant shall compensate any employee of Consultant who provides Services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit D. While this Agreement is in effect, Consultant shall pay such employee no less than $19.51 per hour for each hour that such employee provides Services under this Agreement. This hourly rate shall be adjusted on July 1, 2024, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982-84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, Consultant shall provide to such employee no less than 96 hours of paid leave per calendar year.
a. C
onsultant agrees to post, at a location readily accessible to those employees providing Services to the City, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002 and effective October 1, 2002. b. If C
onsultant fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to Consultant, effective immediately.
c. I
n addition, if Consultant fails to comply with the Living Wage Policy in any manner, Consultant shall pay to C ity a fine of $500 and shall pay to any employee providing Services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Consultant shall pay such fine and penalty within fifteen (15) calendar days after the C ity Manager or designee provides written notice to Consultant of the amount owed.

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EXHIBIT E

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Jeff B. Zook, A Professional Architectural Corporation dba Coastal Architects)

PREVAILING WAGE

Consultant shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.

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

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

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

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

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

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

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

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

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Agreement No. 32500359

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ON-CA

LL PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF OXNARD AND
ROESLING NAKAMURA TERADA ARCHITECTS, Inc.

By
This On-Call Professional Services Agreement (“Agreement”), the City of Oxnard (“City”) agrees to engage the Services of Roesling Nakamura Terada Architects, Inc. (“Consultant”), and Consultant agrees to perform the Services for City as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. City and Consultant may be individually referred to as “Party” or collectively as the “Parties.”

1. [INTENTIONALLY OMITTED]

2. SUMMARY DESCRIPTION OF SERVICES.

The Services to be performed pursuant to this agreement are described in the Scope of Services, attached hereto as Exhibit A. The City may require Cons ultant to perform all or a portion of these services through subsequently issued Task Or ders.

Task Orders will be in the form of the template described in and attached the Scope of Services. The Services under this Agreement will be provided on an on-c all or as needed basis.

Consultant is not be the exclusive provider of services to the City. The City does not guarantee a specified amount of work under this on-c all agreement.

3. PARTIES.

City of Oxnard, a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030.

Roesling Nakamura Terada Architects, Inc. a corporation of the State of California, located at 845 15th Street Suite 500, San Diego, California 92101

4. TERM OF AGREEMENT: From: February 19, 2025 To: February 18, 2027 A. Time is of the essence in this Agreement
B. The City shall have the option to exercise (3) consecutive ( 1) one-year term extensions, in accordance with the scope of work and terms and Agreement No. 32500364

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conditions of this Agreement. Any price negotiations, if allowed, shall be negotiated at the time of contract extension.

D. All Services required of Consultant under this Agreement shall be completed on or before the end of the term of the Agreement.

5. A
GREEMENT AMOUNT NOT TO EXCEED: $750,000.00 1

Suite102, Ventura CA 93001

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

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

B. All proof of a City tax certificate, insurance, and W-9 forms is required prior to execution of this Agreement.

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

9. CONSULTANT’S SERVICES.

B. Task Orders may only be modified in writing by the City’s Project Manager or Designated Representative.

D. Under no circumstances shall the Consultant exceed the amount stated in the City’s Task Order or perform additional work or services that are not included in the Task Order

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A. The maximum not to exceed amount for any individual Task Order issued pursuant to this Agreement shall be $100,000.00 per Task Order or $200,000, if the Task Order is associated with an identified and approved Capitol Improvement Project.

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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.

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

15. [RESERVED]

16. 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 Agreement No. 32500364

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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. This Agreement shall not be interpreted to prevent 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 the Consultant shall perform for the City. The City retains the right to provide general instructions to and observe the Consultant in the performance of all Services done on behalf of the City.

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Consultant 's work by City shall not operate as a release of the Consultant from such standard of care and workmanship.

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in such time and in such form as the City may require, furnish reports concerning the status of Services required under this Agreement.

Consultant shall, upon request by City and upon completion or termination of this Agreement, deliver to the City all material furnished to Consultant by the City.

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accordance with the applicable provisions of the California Business and Professions Code.
(1) Notwithstanding the provisions of Section 23 above, to the extent that the services to be provided under this Agreement are those of a Design Professional, Consultant's duty to indemnify, hold harmless, and defend the City Indemnitees shall be limited to the extent that any Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or subconsultants in the performance of the services described in this Agreement.
(2) In no event shall the costs of defense charged to Consultant exceed the Consultant’s proportionate percentage of fault, except as otherwise set forth in said Civil Code section 2782.8, the provisions of which are incorporated into this Agreement by this reference. Nothing in this Subsection b shall be construed to require Consultant to provide indemnification for Claims caused by the active negligence or willful misconduct of the City Indemnitees
B. The City does not and shall not waive any rights that it may have against Consultant under this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section 23 shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.

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

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

27. [RESERVED]

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responsible for all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with subcontractors performance pursuant to this Agreement or subcontractors failure to comply with any of its obligations in connection with this Agreement.

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the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.

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

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portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect and be enforceable.

43. INTEGRATED AGREEMENT. This Agreement and the attached exhibits referenced herein to this Agreement represent the entire understanding between the Parties.

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IN WITNESS WHEREOF, the Parties have entered into this Agreement effective on the date as written in Section 4 and upon signature of all Parties.

ITY OF OXNARD ROESLING NAKAMURA TERADA
ARCHITECTS, INC.
☐Luis Mc Arthur, Mayor1 Date Tyson K. Cline, Board Director Date ☐Jennifer Yates, Purchasing Manager2
C hristopher R. Bradbury, CFO3 Date
A
TTEST:

Lourdes A. López, City Clerk Date
(only if Mayor authorizes)
APPR
OVED AS TO FORM:

Stephen M. Fischer, Date
City Attorney (always required)
1 The City Council must authorize and the Mayor must execute any agreement over $200,000. 2 The Purchasing Agent may execute any authorized agreement up to $200,000. 3 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level m anagers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

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Public Works & Transportation CommitteeJanuary 28, 2025

Public Works & Transportation Committee
January 28, 2025