Agenda packet — Oxnard City Council, February 18, 2025 (part 2 of 5)

143
Agreement No.32500365
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 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.

Page 15 of 36 ends

144
Agreement No.32500365

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 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.

Page 16 of 36 ends

145
Agreement No.32500365
[Signatures on next page]

Page 17 of 36 ends

146
Agreement No.32500365
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 EARTH SYSTEMS PACIFIC
☐Luis Mc Arthur, Mayor1 Date Anthony Mazzei Date
☐Jennifer Yates, Purchasing Manager2 Senior Vice President Ji Shin, Date
Corporate Secretary3
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.

Page 18 of 36 ends

147
Agreement No.32500365

EXHIBIT A

PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Earth Systems Pacific)

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 their location and depth.

Page 19 of 36 ends

148
Agreement No.32500365

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.

Page 20 of 36 ends

149
Agreement No.32500365
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

Page 21 of 36 ends

150
Agreement No.32500365
complete project/tasks.
○ 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

Page 22 of 36 ends

151
Agreement No.32500365

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 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.

Page 23 of 36 ends

152
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:

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

Page 24 of 36 ends

Agreement No. 32500365
153

PERSONNEL HOURLY RATE
Principal Professional .......................................................................................................................................................$245.00 Associate Professional......................................................................................................................................................$230.00 Senior Professional...........................................................................................................................................................$215.00 Project Professional..........................................................................................................................................................$190.00 Staff Professional..............................................................................................................................................................$170.00 Certified Welding Inspector, Prevailing Wage* ................................................................................................................$170.00 Field Services Supervisor..................................................................................................................................................$165.00 Non-Destructive Testing (NDT) Inspector.........................................................................................................................$160.00 Certified Welding Inspector..............................................................................................................................................$160.00 Special Inspector, Prevailing Wage* .................................................................................................................................$155.00 Technical Assistant............................................................................................................................................................$145.00 Technician, Prevailing Wage* ...........................................................................................................................................$140.00 Special Inspector ..............................................................................................................................................................$130.00 Technician.........................................................................................................................................................................$115.00 Clerical/Administrative .....................................................................................................................................................$100.00

1. Nuclear gauge charge: $15.00/hour.

2. Minimum report charge: $450.00. Posting of electronic documents to project websites will be charged at clerical/ administrative services rate.

3. Fees for depositions, hearings, and/or court appearances (as Expert Witness) are listed on a supplemental fee schedule.

COST PROPOSAL

EXHIBIT B

PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Earth Systems Pacific)

SCHEDULE OF COMPENSATION
Agreement No. 32500365

Page 25 of 36 ends

154
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 selfinsurance 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

EXHIBIT C

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Earth Systems Pacific)
Agreement No. 32500365

Page 26 of 36 ends

155
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. 32500365

Page 27 of 36 ends

156
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. 32500365

Page 28 of 36 ends

157
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 NAMED INSURED coverage. Per Occurrence Per Claim (which) APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here in which case only the following specific agreements and permits with the City are covered

CITY AGREEMENTS/PERMITS

GENERAL LIABILITY

COMMERCIAL GENERAL LIABILITY

COMPREHENSIVE GENERAL LIABILITY

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

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 endorsement 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 suits arising from the operations, products and activities performed by or on behalf of the named insured.

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

3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability.

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

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

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

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

Except as stated above nothing herein shall be held to waive, alter or extend any of the limits, conditions, agreements or exclusions of the policy to which this endorsement is attached.
- Broker/Agent Underwriter
I (print/type name), warrant that I have authority to
bind the above-mentioned insurance company and by my signature hereon do so bind this company to this endorsement.

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

Rev. 1/23 INS-A.doc
Agreement No. 32500365

Page 29 of 36 ends

158
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 NAMED INSURED coverage. Per Occurrence Per Claim (which) . 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 operations, products and activities performed by or on behalf of the named insured.

3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability.

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

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

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

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

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. 32500365

Page 30 of 36 ends

159
Agreement No.32500365

EXHIBIT D

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Earth Systems Pacific)

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.

Page 31 of 36 ends

160
Agreement No.32500365

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.

Page 32 of 36 ends

161
Agreement No.32500365

EXHIBIT E

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Earth Systems Pacific)

PREVAILING WAGE

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

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

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

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

4. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages.

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

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

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

Page 33 of 36 ends

162
Agreement No.32500365

6. Consultant shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations. Before commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding the Project, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

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

8. Consultant is not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5.

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

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

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

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

Page 34 of 36 ends

163
Agreement No.32500365

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

13. To the maximum extent, Consultant shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify City, its legislative bodies, and its officials, 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.

Page 35 of 36 ends

164

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 PROFESSIONAL SERVICES AGREEMENT (CITY of Oxnard and Earth Systems Pacific)
Agreement No. 32500365

Page 36 of 36 ends

165
Agreement No. 32500368

ON-CALL PROFESSIONAL SERVICES AGREEMENT

BETWEEN
THE CITY OF OXNARD AND TWINING, INC.

By This On-Call Professional Services Agreement (“Agreement”), the City of Oxnard (“City”) agrees to engage the Services of Twining, 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. [INTENIONALLY 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-call 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.

Twining, Inc., a corporation/LLC/LLP of the State of California, located at 4811 Airport Plaza Drive #220, Long Beach, CA 90815.

4. TERM OF AGREEMENT: From: February 19, 2025 To: February 18, 2026.

A. Time is of the essence in this Agreement
B. The City shall have the option to exercise (4) consecutive (1) one-year term extensions, in accordance with the scope of work and terms and

Page 1 of 39 ends

166
Agreement No. 32500368
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. AGREEMENT AMOUNT NOT TO EXCEED: $1,000,000.00 1

6. AGREEMENT 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.

Exhibit 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 Policy
Exhibit F: Iran Contracting Certification

7. DESIGNATED 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:

City Designated Representative
Name: Morgan Kessler
Title: City Engineer
Phone: 805-385-7880
Email: [email protected]
Address: 305 W. Third Street, East
Wing, 2nd Floor, Oxnard, CA 93030
Consultant Designated Representative
Name: Jeff Tawakoli
Title: PE, Project Manager
Phone: 805-827-0742
Email: [email protected]
Address: 1879 Portola Rd., Ste G,
Ventura, CA 93003
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.

Page 2 of 39 ends

167
Agreement No. 32500368

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.

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

Page 3 of 39 ends

168
Agreement No. 32500368
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.

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. Consultant’s acceptance of final payment made pursuant to this Agreement shall constitute a release of City from all claims and liabilities for compensation to Consultant for anything completed, finished or relating to the Services. City’s payment shall not constitute nor be deemed a release of the responsibility and liability of Consultant for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by City for any defect or error in the Services performed by Consultant and its employees, agents and subcontracted Consultants.

C. Consultant shall provide City with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the Services performed by Consultant or materials or products provided to City by Consultant,

Page 4 of 39 ends

169
Agreement No. 32500368
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 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

Page 5 of 39 ends

170
Agreement No. 32500368
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 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

Page 6 of 39 ends

171
Agreement No. 32500368
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 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.

Page 7 of 39 ends

172
Agreement No. 32500368
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 or Task Order; 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, 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.

Page 8 of 39 ends

173
Agreement No. 32500368
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.

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.

Page 9 of 39 ends

174
Agreement No. 32500368
(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 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.

Page 10 of 39 ends

175
Agreement No. 32500368

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.

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 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 enforcement, 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

Page 11 of 39 ends

176
Agreement No. 32500368
two shall be applicable to this Agreement. The duty to pay the correct wage is the responsibility of the Consultant.

27. IRAN CONTRACTING ACT. In accordance with the Iran Contract Act of 2010 (Public Contract Code sections 2200-2208) the City requires that any Consultant that submits a proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or Services of one million dollars ($1,000,000) or more, must certify, that the Consultant is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.

A Consultant is ineligible to enter into any contract with the City for goods or Services of one million dollars ($1,000,000) or more if the Consultant engages in investment activities in Iran. Consultant must certify that it is not on the list of ineligible vendors prohibited from doing business with the State of California and shall complete the Iran Contract Act Certification attached as Exhibit F.

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 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

Page 12 of 39 ends

177
Agreement No. 32500368
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.

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.

Page 13 of 39 ends

178
Agreement No. 32500368

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.

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.

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

Page 14 of 39 ends

179
Agreement No. 32500368
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.

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.

Page 15 of 39 ends

180
Agreement No. 32500368

Page 16 of 39 ends

181
Agreement No. 32500368
[Signatures on next page]

Page 17 of 39 ends

182
Agreement No. 32500368
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 TWINING, INC.
☐Luis Mc Arthur, Mayor1 Date Linas Vitkus, PE, GE
President
Date
☐Jennifer Yates, Purchasing Manager2
Steve Schiffer, Date
Chief Revenue Officer3
ATTEST:

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

Page 18 of 39 ends

183
Agreement No. 32500368

EXHIBIT A

PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Twining, 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:

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

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

Page 19 of 39 ends

184
Agreement No. 32500368

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.

Page 20 of 39 ends

185
Agreement No. 32500368
Subcategory 1:

Page 21 of 39 ends

186
Agreement No. 32500368
complete project/tasks.
○ 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.

Page 22 of 39 ends

187
Agreement No. 32500368

Page 23 of 39 ends

188
Twining | City of Oxnard
Schedule Of Fees 2024-2025
Personnel Rates: Per Hour Unless Otherwise Noted
Equipment Usage (Daily Unless Otherwise Noted),
Engineering And Consulting Personnel Rate Continued Rate Senior Principal Advisor/Consultant $ 390.00 Torque Multiplier $ 48.00 Principal Engineer/Geologist $ 280.00 Air Meter $ 37.00 Metallurgical Engineer $ 390.00 Unit Weight Bucket $ 28.00 Registered Geotechnical Engineer $ 280.00 Field Concrete Scale $ 37.00 Technical Advisor $ 260.00 2" x 2" x 2" Mold $ 26.00
Material Scientist, Welding/NDT Consultant $ 275.00 Nuclear Gauge (Per Hour) $ 13.00 Registered Geologist/Certified Engineering Geologist $ 275.00 Sand Cone Density Test Equipment $ 60.00 Senior Engineer/Geologist $ 250.00 Pull Test Equipment $ 74.00 Registered Civil Engineer $ 240.00 Concrete/Asphalt Coring Equipment $ 720.00 Roofing/Waterproofing Consultant $ 265.00 Floor Flatness (Dipstick) $ 63.00 Project Engineer/Manager $ 235.00 Schmidt Hammer $ 48.00 Quality Control Manager $ 235.00 Vapor Emission Test Kits $ 58.00 Senior Staff Engineer/Geologist $ 220.00 Relative Humidity Probe $ 90.00 Staff Engineer/Geologist $ 205.00 UPV (Ultrasonic Pulse Velocity) Meter $ 420.00 Quality Control Administrator $ 205.00 Fireproofing Adhesion/Cohesion (Per Test) $ 42.00 Metallurgical Technician $ 175.00 A Scan Ultrasonic Equipment And Consumables $ 100.00 CADD Operator/Draftsperson $ 160.00 Magnetic Particle Equipment And Consumables $ 53.00 Administrative Support $ 105.00 Liquid Penetrant Consumables $ 48.00 Field Supervisor $ 195.00 Phased Array Ultrasonic Equipment (Per Hour) $ 105.00 Safety Supervisor $ 195.00 Ground Penetrating Radar $ 399.00 Laboratory Manager $ 180.00 Impact Echo $ 405.00
Laboratory Technician $ 155.00 Ultrasonic Tomography $ 525.00 Expert Witness Testimony $ 630.00 Inertial Profiler (Per Hour) Quotation Qualified SWPPP Developer $ 220.00 Borescope $ 315.00
Qualified SWPPP Practitioner $ 205.00 Infrared Camera $ 105.00 Vibration Engineer $ 240.00 Project Dedicated Vehicle $ 189.00 Roller Compacted Concrete Vibrating Hammer/Tamping Plate $ 84.00 Half-Cell Potential Equipment Set $ 405.00
Field Inspection Personnel Rate Concrete Electrical Resistivity Meter $ 189.00 Concrete/Reinforced Steel Inspector $ 139.00 Field Hardness (Steel) $ 116.00 Prestressed/Post Tensioned Inspector $ 139.00 Coating Thickness Gauge $ 166.00 Concrete ICC Inspector $ 139.00 Curing Box (Not Temperature Controlled, One-Time Fee/ $ 788.00 Drilled-In-Anchor Inspector $ 139.00 Per Box)
Gunite/Shotcrete Inspector $ 139.00 Temperature Control Curing Box (Per Month) $ 525.00 Masonry Inspector $ 139.00 Temperature Matching Curing Box (Per Month) $ 599.00 Structural Steel/Welding Inspector $ 139.00
AWS Certified Welding Inspector $ 139.00
Fireproofing Inspector $ 139.00 Specimen Pick-Up Rate
Lead Inspector $ 142.00 Soil/Aggregate Sample (Each) $ 55.00 Firestop Special Inspector - IFC Premier $ 160.00 Standard Sample: Concrete Cylinders (Each) $ 36.00 Firestop Special Inspector - IQP $ 205.00 Standard Sample: Mortar/Grout Cubes And Cores, $ 36.00 L.A. Deputy Grading Inspector $ 150.00 Fireproofing, Rebar, And Epoxy Prisms (Each) Asphalt Field and Plant Inspector/Technician $ 139.00 Oversize Sample: Masonry Prisms And Shotcrete Panels (Each) $ 94.00 Pile Driving Inspector $ 139.00 Oversize Sample: Flexural Beams (Each) $ 94.00 Soils Technician $ 139.00 Technician For Specimen Pick-Up Not Listed Above $ 160.00 Concrete Quality Control (ACI/Caltrans Technician) $ 139.00 (Per Hour, 2-Hour Minimum) Wood Framing Inspector $ 139.00 Technician For Specimen Pick-Up Before 5:00 a.m. $ 220.00 Roofing/Waterproofing Inspector $ 150.00 Or After 5:00 p.m. Monday Thru Friday, Or All Day Saturday Public Works Inspector $ 155.00 (Per Hour, 2-Hour Minimum Plus Mileage) Mechanical Inspector $ 185.00
Electrical Inspector $ 185.00
Plumbing Inspector $ 185.00 Jobsite Trailer, Mobile Or On-site Laboratory Rate Building Inspector $ 185.00 Portable Or Mobile Laboratory Unit Quotation Vibration Monitoring Technician $ 160.00 Jobsite Trailer, Conex, Or Equipment Storage Box Quotation Field Engineering Technician $ 139.00
Concrete Tests (Field Made Specimens) Rate
Shop Inspection Personnel Rate 6" x 12" Cylinder Compression Strength (ASTM C39) $ 49.00 Structural Steel Fabrication Inspector $ 139.00 4" x 8" Cylinder Compression Strength (ASTM C39) $ 43.00 Batch Plant Quality Control Technician/Inspector $ 139.00 Density Of Structural Lightweight Concrete Equilibrium $ 107.00 Glue-Laminated Fabrication Inspector Quotation Oven Dry Method (ASTM C567) Pre-Cast Concrete/Pipe Fabrication Inspector $ 139.00 Core Compression Including Trimming (ASTM C42) $ 97.00 6" x 6" x 18" Flexural Beams Not Exceeding Referenced $ 134.00 Size (ASTM C78, C293 or CTM 523)
Nondestructive Testing Personnel Rate Splitting Tensile Strength (ASTM C496) $ 134.00 NDE Ultrasonic Testing Technician $ 145.00 Modulus Of Elasticity Test (ASTM C469) $ 348.00 NDE Magnetic Particle Testing Technician $ 145.00 Rapid Chloride Permeability Test: Cylinders Or Cores $ 610.00 NDE Dye Penetrant Testing Technician $ 145.00 (ASTM C1202) Combination NDE Technician/Welding Inspector $ 145.00 Density, Absorption, And Voids In Hardened Concrete $ 610.00 Radiographic Testing (Crew Of 2) Quotation (ASTM C642)
NDE Engineer $ 255.00 Flexural Toughness (ASTM C1609, Formerly ASTM C1018) $ 963.00 Double Punch Strength Of Fiber Reinforced Concrete $ 642.00 Coefficient Of Thermal Expansion Of Concrete $ 696.00
Equipment Usage (Daily Unless Otherwise Noted) Rate (CRD 39, AASHTO T336) Skidmore $ 51.00 Bulk Electrical Resistivity (One Age Of Testing, ASTM C1876) $ 172.00 Torque Wrench, Small $ 21.00 Flexural Tensile Strength Of Metallic Fiber Reinforced Concrete $ 1,070.00 Torque Wrench, Large $ 32.00 Beam (EN 14651)
40006
40009
95312
95318
95309 80013
40012
60003
95374
70003
91030
95356
20000
95368
30001
90005
90001
20107
70109
75001
95370
95371
95373
10405
95315
10305
10001
10017
95333
95348
95336
10113
10109
95347
95345
Code
20100
10007
10015
95103 95306
95369
80006
20102
10117
10005
30000
95307
95343
98000
95352
10019
95362
95300
95303
91010
10111
95339
95341
10003
10009
95351
95330
95319
95324
10013
Task
Code
91000
10103
10105
Task
Code
95357
Task
95364
Code
95367
10101
95349
95372
Task
Code
70107
70000
10010
10011
95342
20209
10325
10328 20205
20207
Task
Task
Code
Code
10409
10020 40005
Task
Code
20104
10301 20202
10309 20203
20201
95360
10515
30002
10523
50003
10519
10521
Code
Task
70101
10107
20109
60001
10500
10122
70103
10026
20211
95321
Task
10401
80003
95322
95323
20103
10115
10501
10207
20101
10201
10203
10403

EXHIBIT B

PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Twining, Inc.)

SCHEDULE OF COMPENSATION
Agreement No. 32500368

Page 24 of 39 ends

189
Twining | City of Oxnard
Concrete Specimen Preparation Rate Qualification Of Cements Rate Sawing Of Specimens (Each) $ 54.00 Chemical Analysis Of Portland Cement Per Standard $ 803.00 Coring Of Specimens In Lab (Each) $ 54.00 Requirements (ASTM C150) Grinding Of Concrete Below 6000 psi Strength (Each) $ 97.00 Physical Testing Of Portland Cement Per Standard $ 803.00 Grinding Of Concrete 6000 psi Strength And Above (Each) $ 118.00 Requirements (ASTM C150) Physical Testing Of Type K Cement, Mortar Expansion $ 803.00 Laboratory Trial Batch: Concrete, Cement (ASTM C806)
And Mortar Rate Physical Testing And Chemical Analysis Of Portland Cement $ 1,498.00 Compression Test 4" x 8" Cylinders Made And Tested In $ 63.00 Per Standard Requirements (ASTM C150) Laboratory (ASTM C192, C35) Partial Analysis Or Specific Physical Tests Quotation Compression Test 6" x 12" Cylinders Made And Tested In $ 73.00 Sulfates Resistance Of Hydraulic Cement (ASTM C1012), $ 3,210.00 Laboratory (ASTM C192, C35) 6 Months
6" x 6" x 18" Flexural Beams Made And Tested in Laboratory $ 150.00 Sulfates Resistance Of Hydraulic Cement (ASTM C1012), $ 3,531.00 (ASTM C192, C78) 12 months
Splitting Tensile Strength Cylinders Made And Tested In $ 150.00 Type 1L Cement (ASTM C595; Excludes Special Properties) $ 1,498.00 Laboratory (ASTM C192, C496) Clinker Microscopy, Per Sample $ 910.00 Modulus of Elasticity Test Cylinders Made And Tested In $ 364.00 Laboratory (ASTM C192, C469)
Density Of Structural Lightweight Concrete Made In $ 124.00 Physical Testing Of Chemical Admixtures For Laboratory, Equilibrium or Oven Dry Method (ASTM C567) Concrete Rate Bulk Electrical Resistivity (ASTM C1876) $ 188.00 Qualification Of Admixture (ASTM C494) Quotation Laboratory Trial Batch (ASTM C192/Lab Procedure Performance) $ 589.00 Concrete Mixture Design For Preconstruction Evaluation And $ 343.00 Backup Data Development Evaluation Of Pozzolans And Slag Cement Rate Drying Shrinkage Up To 28 Days, Three 3" x 3" Or 4" x 4" Bars, $ 557.00 Chemical Analysis Of Fly Ash Per Standard Requirements $ 803.00 Five Readings Up To 28 Dry Days (ASTM C157) (ASTM C618) Additional Reading, Per Set Of Three Bars $ 65.00 Physical Testing Of Fly Ash Per Standard Requirements $ 803.00 Storage Over Ninety (90) Days, Per Set Of $ 54.00 (ASTM C618) Three Bars, Per Month Partial Analysis Or Specific Physical Tests Quotation Setting Time Up To 7 Hours (ASTM C403) $ 214.00 Chemical Analysis And Physical Testing Of Fly Ash Per $ 1,498.00 Bleeding (ASTM C232) $ 193.00 Standard Requirements (ASTM C1618) Concrete Restrained Expansion (ASTM C878) $ 749.00 Qualification Of Silica Fume Per Standard Requirements $ 1,498.00 Mix, Make and Test Mortar or Grout Specimens for Compressive $ 642.00 (ASTM C1240) Strength: Set of 6 (ASTM C878) Qualification Of Slag Cement Per Standard Requirements $ 1,498.00 Non-Shrink Grout: Height Change After Final Set (ASTM C1090) $ 642.00 (ASTM C989) Non-Shrink Grout: Height Change At Early Age (ASTM C827) $ 910.00 Effectiveness Of Pozzolans & Slag Cement In Mitigating $ 1,498.00 Cracking Resistance, Set Of Three Rings, Laboratory Trial $ 6,634.00 Expansion Due To ASR (ASTM C441) Batching, Test Until Cracking Or Up To 28 Days (ASTM 1581) Evaluation Of Pre-Packaged Masonry Mortars (ASTM C270) $ 1,391.00 Creep (ASTM C512) (One Age Of Loading, 12 Months $ 9,095.00 Mass Concrete - Engineering And Testing Services Rate Duration Of Testing) Thermal Control Plan (Without Cooling Pipes) Per A Unique $ 9,000.00 Laboratory Development of Strength-Maturity Curve Without $ 3,424.00 Type Of Placement Of Similar Group Of Placements, Each Plan Establishing Datum Temperature (Up To 5 Testing Ages, Thermal Control Plan (With Cooling Pipes), Per A Unique $ 10,500.00 ASTM C1074) Type Of Placement Of Similar Group Of Placements, Each Plan Laboratory Development Of Strength-Maturity Curve With $ 5,664.00 Performance Based Maximum Temperature Difference $ 6,000.00 Establishing Datum Temperature (Up to 5 Testing Ages, Laboratory & Analytical Studies, One Concrete Mixture Design ASTM C1074)
Rock And Concrete Aggregates - Petrographic
Examination & Special USACE & CRD Tests Rate
Evaluation of Mixing Water for Concrete Rate Rock Type Description, Per Sample (Rock Core Or Rock $ 1,000.00 Evaluation of Mixing Water For Concrete Per The Requirements $ 1,070.00 Chunk) Of ASTM C1602, Table 1 (Physical Properties Of Mortar), Per Rock Type Description + XRD Including Clay Analysis, $ 1,500.00 Sample Per Sample
Evaluation Of Mixing Water For Concrete Per The Requirements $ 1,284.00 Natural Aggregates - Petrographic Examination (Gravel And $ 2,750.00 Of Caltrans, Section 90, Per Sample Natural Sand Consisting Of Single Rock Type ASTM C295) Each, One Sample
Concrete - Chemical Analysis, Transport Properties, Crushed Aggregates - Petrographic Examination (Crushed $ 2,750.00 Service Life Modeling, Petrographic Examination Rate Rock And Manufactured Sand Consisting Of Single Rock Type Acid-Soluble Chloride Analysis (ASTM C1152) $ 134.00 ASTM C295), Each, One Sample Includes Sample Prep) Coarse Aggregate Certification For Deleterious Materials Per $ 6,500.00 Water-Soluble Chloride Analysis (ASTM C1218) $ 161.00 Specifications Of USACE, Materials Coarser Than 0.75-Inch (Includes Sample Prep) Each, One Sample, 200 lb.

Chloride Diffusion Coefficient Of Cementitious Mixtures By $ 2,996.00 Coarse Aggregate Certification For Deleterious Materials Per $ 5,500.00 Bulk Diffusion (ASTM C1556) Specifications Of USACE, 0.75-Inch And Finer Material, Each, Bulk Resistivity (ASTM C1876) And Formation Factor $ 696.00 One Sample, 25 lb.

Chloride Binding Isotherm $ 910.00 Fine Aggregate Certification For Deleterious Materials Per $ 2,750.00 Analytical And Experimental (ASTM C1556) Modeling Of Service $ 8,560.00 Specifications Of USACE, Each, One Sample Life Of Concrete Per Life-365 Model, Per Mixture Design Aggregate, Scratch Hardness (CRD-C 130), Each, One Sample, $ 500.00 Analytical And Experimental (NordTest) Modeling Of Service $ 8,560.00 25 lb.

Life Of Concrete Per FIB Model Code 34, Per Mixture Design Non-Steady State Chloride Migration Coefficient, NordTest 492 $ 669.00 Petrographic Examination Of Hardened Concrete, Level I $ 1,750.00 Soils And Aggregate Tests Rate (ASTM C856) (Excludes Thin Section), Per Sample Abrasion: LA Rattler (ASTM C131) $ 206.00 Petrographic Examination Of Hardened Concrete, Level II $ 2,250.00 Abrasion: LA Rattler (ASTM C535) $ 217.00 (ASTM C856) Includes Thin Section, Per Sample Atterberg Limits/Plasticity Index (ASTM D4318, CTM 204) $ 165.00 Petrographic Examination Of Hardened Concrete, Level III $ 3,500.00 California Bearing Ratio Excluding Maximum Density $ 598.00 (ASTM C856/C1723) (Thin Section And SEM/EDX), Per Sample (ASTM D1883) Soil W/CM Determination (NordTest Build 361) $ 1,338.00 California Bearing Ratio Excluding Maximum Density $ 670.00 Examination Of Volumetric Proportions Of Hardened Concrete $ 535.00 (ASTM D1883) Cement-Treated Soil (ASTM C457), Per Sample Cement-Treated Soil/Base Mix Design: Includes Three Trial $ 3,605.00 Air Void Analysis Of Hardened Concrete (ASTM C457), $ 750.00 Cement Contents With Three Unconfined Compressive Per Sample Strength Specimens Per Cement Content
Electron Microscopy (ASTM C1723) $ 803.00 Chloride And Sulfate Content (CTM 417, CTM 422) $ 180.00 Paste Carbonation Analysis, Per Sample $ 268.00 Clay Lumps And Friable Particles (ASTM C142) $ 210.00 Insoluble Residue Analysis (ASTM C1324) Quotation Cleanness Value 1" x #4 (CTM 227) $ 180.00 Alkali-Silica - Damage Rating Index (DRI), Per Sample $ 1,338.00 Cleanness Value 1.5" x .75" (CTM 227) $ 285.00 Code
Task
70344
30216
30217
80111
80149
80151
80246
80196
80195
80106
80110
80100
80103
Task
Code
Task
80123
80193
80129
80210
80212
80232
80222
20151
20157
20159
20160
Task
80194
Task
Code
80140
80126
30203
30227
30229
20263
Code
30225
30233
80147
80248
80254
30219
30232
30207
30209
30230
80252
80250
30211
30231
30223
Code
Task
Code
Task
Code
30321
70305
70304
70301
70303
30505
80260
80268
Task
30403
80270
Code
80262
80263
80274
80143
80146
80272
80276
80266
Task
Code
80256
80258
30322
30503
80218
80238
80224
80228
80234
80198
80199
30205
30237
30234
20265
30201
Task
Code
80204
80206
80208
80159
80240

Page 25 of 39 ends

190
Twining | City of Oxnard
Soils And Aggregate Tests, Continued Rate Asphalt Concrete Tests, Continued Rate Collapse Potential/Index (ASTM D5333) $ 232.00 Emulsion Residue, Evaporation (ASTM D244) $ 175.00 Compressive Strength Of Molded Soil-Cement Cylinders $ 109.00 Extraction % Bitumen (ASTM D6307, CTM 382) $ 175.00 (ASTM D1633) Extraction % Bitumen And Gradation (ASTM D5444, D6307, $ 240.00 Consolidation Test Full Cycle (ASTM 2435, CTM 219) $ 205.00 CTM 202, 382) Consolidation Test Time Rate Per Load Increment $ 47.00 Extraction % Bitumen, Correction Factor (ASTM D6307, $ 385.00 (ASTM D2435, CTM 219) CTM 382)
Corrosivity Series Sulfate, CI, pH, Resistivity (CTM 643, $ 253.00 Chemical Extraction % Bitumen And Sieve Analysis $ 410.00 417, and 422) (ASTM D2172 Method A or B, ASTM D5444)
Crushed/Fractured Particles (ASTM D5821, CTM 205) $ 180.00 Lab Tested Maximum Density Hveem, 3 Briquettes $ 235.00 Direct Shear Test Remolded And/Or Residual (ASTM D3080) $ 255.00 (ASTM D1561, D1188, CTM 304, 308) Direct Shear Test Undisturbed - Slow [CD] (ASTM D3080) $ 230.00 Hveem Stabilometer Test, Premixed, 3 Briquettes $ 235.00 Direct Shear Test Undisturbed - Fast [CU] (ASTM D3080) $ 200.00 (ASTM D1560, D1561, CTM 304, 366) Durability Index Per Method - A,B,C, or D (ASTM D3744, $ 220.00 Lab Tested Maximum Density Marshall, 3 Briquettes $ 230.00 CTM 229) (ASTM D6926, D2726)
Expansion Index (ASTM D4829, UBC 18-2) $ 175.00 Lab Tested Maximum Density Marshall 6'' Specimen, $ 235.00 Fine Aggregate Angularity (ASTM C1252, CTM 234, $ 200.00 3 Briquettes (ASTM D5581, D2726) AASHTO T304) Lab Tested Maximum Density Superpave Gyratory Compacted $ 90.00 Flat And Elongated Particle (ASTM D4791) $ 250.00 Briquette, SSD, 1 Briquette (ASTM D6925, D2726) Flat Or Elongated Particle (ASTM D4791) $ 220.00 Lab Tested Maximum Density Superpave Gyratory Compacted $ 100.00 Maximum Density Methods A/B/C (ASTM D1557, $ 195.00 Briquette, Paraffin, 1 Briquette (ASTM D1188, D6925) D698, CTM 216) Maximum Theoretical Specific Gravity [RICE] (ASTM D2041, $ 180.00 Maximum Density Check Point (ASTM D1557, D698) $ 70.00 CTM 309) Maximum Density AASHTO C [Modified] (AASHTO T-180) $ 200.00 Marshall Stability And Flow, Cored Sample, Each $ 90.00 Maximum Index Density Vibratory Table (ASTM D4253) $ 355.00 ASTM D6927) Moisture Content (ASTM D2216, CTM 226) $ 30.00 Marshall Stability And Flow, Premixed, 3 Briquettes $ 255.00 Moisture and Density Ring Sample (ASTM D2937) $ 30.00 (ASTM D6926, D6927) Moisture and Density Shelby Tube Sample (ASTM D2937) $ 45.00 Marshall Stability And Flow, Gyratory Compacted Specimen $ 255.00 Moisture-Density Relations Of Soil-Cement Mixtures $ 285.00 Pre-Mixed, 3 Briquettes (ASTM D5581, D6925) Premixed In The Field (ASTM D558) Marshall Stability And Flow 6'' Specimen, Premixed, $ 255.00 Moisture-Density Relations Of Soil-Cement Mixtures $ 365.00 3 Briquettes (ASTM D5581) Mixed In The Lab (ASTM D558) Moisture Content (CTM 370) $ 90.00 pH Of Soils (ASTM D4972) $ 65.00 Wet Track Abrasion Test (ASTM D3910) $ 185.00 Organic Content Of Soils (ASTM D2974, Method A Only) $ 90.00 Hveem Mix Design (Excluding Aggregate Quality Tests) $ 6,000.00 Organic Impurities (ASTM C40, CTM 213) $ 95.00 Hveem Mix Design, With RAP (Excluding Aggregate Quality $ 6,500.00 Permeability (ASTM D5084) Quotation Tests, RAP Qualification) Potential Reactivity Chemical Method (ASTM C289 - $ 800.00 Hveem Mix Design, With Lime (Excluding Aggregate Quality $ 10,000.00 Discontinued Method) Tests)
Potential Reactivity Mortar Bar Expansion Method, $ 990.00 Hveem Mix Design Caltrans Untreated Mix (Including $ 7,000.00 14-Day Exposure (ASTM C1260) Aggregate Quality Tests)
Potential Reactivity Mortar Bar Expansion Method, $ 1,100.00 Hveem Mix Design Caltrans Lime Treated Mix (Including $ 8,000.00 28-Day Exposure (ASTM C1260) Aggregate Quality Tests)
Potential Reactivity Concrete Bar Expansion Method $ 2,995.00 Marshall Mix Design (Excluding Aggregate Quality Tests) $ 6,000.00 (ASTM C1293), 12 month Marshall Mix Design With RAP (Excluding Aggregate Quality $ 6,400.00 Potential Reactivity Concrete Bar Expansion Method $ 3,320.00 Tests) (ASTM C1293), 24 month Marshall Mix Design With Lime (Excluding Aggregate Quality $ 7,000.00 Potential Reactivity of Aggregate Combination, Non-Standard $ 1,175.00 Tests) Method; 14-Day Exposure, Mortar (After ASTM C1567) Open Grade Asphalt Concrete Mix Design (ASTM D7064, $ 3,500.00 Potential Reactivity Of Aggregate Combination, Non-Standard $ 1,230.00 CTM 368) Method; 28-Day Exposure, Mortar (After ASTM C1567) Superpave Mix Design (Excluding Aggregate Quality Tests) $ 12,000.00 R-Value Soil (ASTM 2844, CTM 301) $ 454.00 Superpave Mix Design, With RAP (Excluding Aggregate $ 12,500.00 R-Value Aggregate Base (ASTM D2844, CTM 301) $ 505.00 Quality Tests) Sand Equivalent (ASTM D2419, CTM 217) $ 129.00 Superpave Mix Design With Rubber (Excluding Aggregate $ 12,500.00 Sieve #200 Wash Only (ASTM D1140, CTM 202) $ 93.00 Quality Tests) Sieve With Hydrometer 3/4" Gravel To Clay (ASTM D422, $ 258.00 Superpave Mix Design With Additives (Excluding Aggregate $ 12,700.00 D7928, CTM 203) Quality Tests)
Sieve With Hydrometer Sand To Clay (ASTM D422, $ 248.00 Effect Of Moisture On Asphalt Paving Mixtures, Pre-Mixed $ 1,200.00 D7928, CTM 203) (ASTM D4867, AASHTO T283)
Sieve Analysis Including Wash (ASTM C136, CTM 202) $ 155.00 Hamburg Wheel Track Test, 20,000 Passes, 4 Briquettes $ 1,300.00 Sieve Analysis Without Wash (ASTM C136, CTM 202) $ 125.00 (AASHTO T324) Sieve Analysis Split Sieve (ASTM C136, CTM 202) $ 250.00 Raveling Test Of Cold Mixed Emulsified Asphalt (ASTM D7196) $ 225.00 Sieve Analysis Without Wash With Cobbles (ASTM C136, $ 245.00 Marshall Stability, Wet Set, 3 Replicates (AASHTO T245) $ 390.00 CTM 202) Marshall Stability, Dry Set, 3 Replicates (AASHTO T245) $ 330.00 Soundness Sodium Or Magnesium Sulfate, 5 Cycles $ 464.00 Cold Recycled Asphalt Mix Design 2 Gradings Each, $ 11,600.00 (ASTM C88) 3 Emulsion Content (Caltrans LP-8)
Specific Gravity And Absorption Coarse (ASTM C127, $ 105.00 CTM 206)
Specific Gravity and Absorption Fine (ASTM C128, $ 170.00 Mortar And Stucco - Petrographic Examination Rate CTM 207) Stucco, One-Coat (ASTM C856), Includes Thin Section), $ 2,250.00 Swell/Settlement Potential One Dimensional (ASTM D4546) $ 155.00 Per Sample Triaxial Quotation Stucco, Two-Coat (ASTM C856), Includes Thin Section), $ 2,500.00 Unconfined Compression (ASTM D2166, CTM 221) $ 196.00 Per Sample Unit Weight Per Cubic Foot (ASTM C29, CTM 212) $ 129.00 Stucco, Three-Coat (ASTM C856), Includes Thin Section), $ 3,000.00 Voids In Aggregate With Known Specific Gravity (ASTM C29, $ 129.00 Per Sample CTM 212) Mortar (ASTM C1324, Petrographic Examination And Chemical $ 3,250.00 Lightweight Particles Coarse, with Two Solutions (ASTM C123) $ 535.00 Analysis), Per Sample Lightweight Particles Fine, with One Solution (ASTM C123) $ 258.00 Method of Test for Relative Mortar Strength of Portland $ 1,400.00 Cement Concrete Sand (CT 515) Brick Masonry Tests, ASTM C67 Rate Modulus Of Rupture Flexural $ 118.00
Compression Strength $ 81.00
Asphalt Concrete Tests Rate Absorption 5 Hour or 24 Hour $ 86.00 HMA Mixing And Preparation $ 140.00 Absorption (Boil) 1, 2 Or 5 Hours $ 118.00 HMA Mixing And Preparation With Aggregate Treatment $ 196.00 Initial Rate Of Absorption $ 75.00 Bulk Specific Gravity Of Compacted Sample Or Core SSD $ 62.00 Efflorescence $ 91.00 (ASTM D2726, CTM 308C) Cores Compression $ 97.00
Bulk Specific Gravity Of Compacted Sample Or Core Paraffin $ 88.00 Shear Test On Brick Cores 2 Faces $ 118.00 Coated (ASTM D1188 and CTM 308A)
20315
70357
20807
Task
Code
80282
80286
80294
80290
75069
20307
20309
20311
20313
75028
Code
Task
75030
75036
75111
75107
75063
75106
30401
70394
75109
Task
Code
20301
20303
20305
30412
70359
75042
80001
75083
75039
75099
75090
75005
75094
75050
75048
75057
70321
70378
75033
75031
75024
75027
75040
70333
75087
75075
75068
75067
75113
75115
70325
75004
30507
70331
75052
75093
75096
75084
75095
75066
70349
70351
70353
75049
75051
75114
75070
70343
30411
Code
75032
70347
70399
70371
70373
70361
70363
70365
30317
30319
70360
Task
70369
70367
70397
70355
70328
70330
70341
70319
70311
70313
70315
Task
70392
70345
70398
70335
70337
30508
70340
70391
70342
Code
70393
70396
70309
70317
70339
70336

Page 26 of 39 ends

191
Twining | City of Oxnard
Concrete Block, ASTM C140 Rate Metal and Steel Testing, Continued Rate Compression $ 102.00 Hardness Test (ASTM E18) $ 91.00
Absorption/Moisture Content/Oven Dry Density $ 102.00 Bolt Axial Tensile Test (Up To 7/8" Diameter) $ 75.00 Linear Shrinkage (ASTM C426) $ 295.00 Bolt Wedge Tensile Test (Up To 7/8" Diameter) $ 91.00 Web And Face Shell Measurements $ 59.00 Bolt Axial Tensile Test (Greater Than 7/8" Up To 1" diameter) $ 97.00 Tension Test $ 188.00 Bolt Wedge Tensile Test (Greater Than 7/8" Up To 1" Diameter) $ 118.00 Core Compression $ 97.00 Bolt Axial Tensile Test (Greater Than 1" Diameter) $ 140.00 Shear Test Of Masonry Cores 2 Faces $ 118.00 Bolt Wedge Tensile Test (Greater Than 1" Diameter) $ 150.00 Efflorescence Tests $ 91.00 Bolt Proof Load Test (Up To 7/8") $ 102.00 Bolt Proof Load Test (Greater Than 7/8" Up To 1" Diameter) $ 124.00 Bolt Proof Load Test (Greater Than 1") $ 145.00
Masonry Prisms, ASTM C1314 Rate Nut Proof Load Test (Up To 7/8") $ 81.00 Compression Test, Composite Masonry Prisms Up To 8" x 16" $ 220.00 Nut Proof Load Test (Greater Than 7/8" Up To 1" Diameter) $ 102.00 Compression Test, Composite Masonry Prisms > 8" x 16" $ 295.00 Nut Proof Load Test (Greater Than 1") $ 113.00 Prism Cord Modulus of Elasticity $ 696.00
Prism Cord Modulus Of Elasticity With Transverse Strain $ 760.00 (For Double-Wythe Specimen) Chemical Testing Of Metal And Steel Rate Steel Chemical Analysis Quotation
Weight Of Galvanized Coating (ASTM A90) $ 97.00
Mortar And Grout Rate Epoxy Coating Thickness $ 107.00
Compression 2" x 4" Mortar Cylinders (ASTM C780) $ 65.00 Coating Thickness $ 102.00 Compression 3" x 3" x 6" Grout Prisms, Includes Trimming $ 49.00 (ASTM C1019) Machining And Preparation Of Tensile And Bend Compression 2" Cubes (ASTM C109) $ 65.00 Sample: Carbon Steel Rate Compression Cores Includes Trimming (ASTM C42) $ 97.00 Machinist Initial Preparation From Mock-Up, Etc. (Per Hour) $ 156.00 Sawcut To Overall Width (Per 0.5" Thickness Or Fraction $ 70.00 Thereof)
Masonry Specimen Preparation Rate Machine To Test Configuration Milled Specimens $ 102.00 Cutting Of Cubes Or Prisms $ 81.00 Machine To Test Configuration Turned Specimens (Per 0.5" $ 182.00 Thickness Or Fraction Thereof)
Prepare Subsize Specimens (Per 0.5" Thickness Or Fraction $ 124.00 Fireproofing Tests Rate Thereof)
Oven Dry Density (ASTM E605) $ 97.00
Charpy Impact Rate
Gunite And Shotcrete Tests Rate Charpy Impact Ambient Temperature $ 113.00 Core Compression Including Trimming (ASTM C42) $ 113.00 Charpy Impact Reduced Temperature $ 150.00 Compression Cubes (Includes Saw Cutting) $ 81.00
Concrete Roof Fill: Gypsum, Vermiculite, Perlite, Machining Of Charpy Samples: Carbon Steel Rate Lightweight Insulating Concrete, Etc. Rate Cutting And Milling (Per 0.5" Or Fraction Thereof) $ 102.00 Compression Test (ASTM C495 and C472) $ 81.00 Final Machining To Sample Configuration $ 124.00 Air Dry Density (ASTM C472) $ 70.00
Oven Dry Density (ASTM C495) $ 97.00
Prestressing Wires And Tendons, (ASTM A416) Rate
Stress-Strain Analysis Wire Or Strands (Including Chart And $ 273.00 Reinforcing Steel, ASTM A615, A706 Rate Percent Offset) Tensile Test #11 Or Smaller $ 81.00 Tensile Test Only $ 204.00 Bend Test #11 Or Smaller $ 75.00 Tendons Quotation
Bend Test #14 Or #18 $ 428.00
Tensile Test #14 $ 321.00
Tensile Test #18 $ 418.00 Polymer Matrix Composite Materials (Fiberwrap) Rate Tensile Strength – Set of 5 Specimens/Batch/Direction $ 1,498.00 (ASTM D3039)
Reinforcing Steel - Welded Or Coupled Specimens Rate Tensile Strength – Additional Specimens (ASTM D3039) $ 289.00 Tensile Test Welded/Coupled #11 And Smaller $ 91.00 (ASTM D3039) Tensile Test Welded/Coupled #14 $ 311.00 Heating Chamber Time – Per 24 Hr. Period $ 107.00 Tensile Test Welded/Coupled #18 $ 439.00
Weld Macroetch $ 102.00
Slippage Test - Caltrans (CTM 670) $ 236.00 Calibration Services And Universal Machine Usage Rate Tensile Test Welded Hoops #11 And Smaller $ 182.00 Calibration/Verification Services Quotation Universal Test Machine Usage (Per Hour) $ 509.00
Metal and Steel Testing Rate Specialty Testing
Tensile Strength Up To 100K Pounds (Each) $ 91.00 - Cylic And Fatigue Testing Programs On Special Products/Parts Tensile Strength Up To 200K Pounds (Each) $ 102.00 - Engineering And Technical Supports/Design Of Prototypes And Special Test Set-Up Tensile Strength Up To 300K Pounds (Each) $ 129.00 - Fastener/Coupling Full Testing Program Per New Regulations: Tension, Tension/Bend, Tensile Strength Up To 400K Pounds (Each) $ 188.00 Shear, Double Shear, 8 Compressions Tensile Strength 400K To 600K Pounds (Each) $ 428.00 - Fiberglass/Composite Materials Field Testing Program (ASTM D1143 D1242, Tensile Strength Stress-Strain Percent Offset $ 268.00 D2584, D4065, D4476, D4923, D7901, D7921, and D732) Weld Macroetch $ 102.00 - Field Testing Of Structures And Structural Elements Weld Fracture $ 54.00 - In-Place Shear Testing
Bend Test $ 86.00 - Materials And/Or Product Evaluation Per Specifications Flattening Test $ 86.00 - Structural Dynamic Testing And Durability Analysis Code
Task
Code
Task
Code
20155
Task
20521
Task
Code
20801
20707
Task
Code
20706
20759
Code
20755
Task
Code
Task
Task
20705
20401
20329
20333
Task
20323
20321
20327
20341
20507 Code
Code
Code
20780
20783
Code
20373
Code
20351
20353
80177
20335
20331
20343
20339
Task
20751
Task
20633
20630
20619
20631
20637
20638
20639
20636
20635
20632
20531
20640
Code
80170
Task
20753
20347
Code
20701
20621
20357
20623
Task
20703
20504
20505
Task
20355
20346
20365
Code
20379
Code
20757
20617
20708
20603
20605
20532
Task
20634
20547
20609
Code
20601
80176
80173
Code
Task
20523
20641
20545
20611
20501
20503
20525
20803
20615
20607
20361
Task
20371
20529
Task

Page 27 of 39 ends

192
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:

Page 28 of 39 ends

193
Exhibit INS-A

INSURANCE REQUIREMENTS FOR CONSULTANTS
(WITH ERRORS AND OMISSIONS REQUIREMENT)

EXHIBIT C

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Twining, Inc.)
Agreement No. 32500368

Page 29 of 39 ends

194
Exhibit INS-A

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

INS-A.doc
Agreement No. 32500368

Page 30 of 39 ends

195
Exhibit INS-A

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

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. 32500368

Page 31 of 39 ends

196
Exhibit INS-A
ENDORSEMENT NO. ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

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:

3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability.

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

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.

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

Rev. 1/23 INS-A.doc
Agreement No. 32500368

Page 32 of 39 ends

197
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 NAMED INSURED coverage. Per Occurrence Per Claim (which) . 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:

3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability.

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

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.

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

Signature
(original signature required)
Telephone: ( ) Date Signed
Rev. 1/23 INS-A.doc
Agreement No. 32500368

Page 33 of 39 ends

198
Agreement No. 32500368

EXHIBIT D

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

Page 34 of 39 ends

199
Agreement No. 32500368

Page 35 of 39 ends

200
Agreement No. 32500368

EXHIBIT E

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

PREVAILING WAGE

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.

Page 36 of 39 ends

201
Agreement No. 32500368

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.

Page 37 of 39 ends

202
Agreement No. 32500368

Page 38 of 39 ends

203

Company Name/Financial Institution (printed):

By (Authorized Signature):

Printed Name & Title of Person Signing:

Federal ID Number (or n/a):

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

EXHIBIT F

PROFESSIONAL SERVICES AGREEMENT

EXHIBIT F

PROFESSIONAL SERVICES AGREEMENT
CITY of Oxnard and Twining, Inc.)
Agreement No. 32500368

Page 39 of 39 ends

204
Agreement No.32500375

ON-CALL PROFESSIONAL SERVICES AGREEMENT

BETWEEN
THE CITY OF OXNARD AND GEOCON WEST, INC.

By This On-Call Professional Services Agreement (“Agreement”), the City of Oxnard (“City”) agrees to engage the Services of Geocon West, 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. [INTENIONALLY OMITTED]

2. SUMMARY DESCRIPTION OF SERVICES.

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-call 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.

Geocon West, Inc., a corporation/LLC/LLP of the State of California, located at 6960 Flanders Drive, San Diego, CA 92121

Page 1 of 38 ends

205
Agreement No.32500375
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. AGREEMENT AMOUNT NOT TO EXCEED: $1,000,000.00 1

City Designated Representative
Name: Morgan Kessler
Title: City Engineer
Phone: 805-385-7880
Email: [email protected]
Address: 305 W. Third Street, East
Wing, 2nd Floor, Oxnard, CA 93030
Consultant Designated Representative
Name: Neal Berliner
Title: President/Principal Engineer
Phone: 818-841-8357
Email: [email protected]
Address: 500 N. Victory Blvd., Burbank,
CA 91502
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.

Page 2 of 38 ends

206
Agreement No.32500375

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

Page 3 of 38 ends

207
Agreement No.32500375
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.

Page 4 of 38 ends

208
Agreement No.32500375
Consultant shall pay the sales tax. City shall not reimburse Consultant for sales taxes paid by Consultant.

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.

Page 5 of 38 ends

209
Agreement No.32500375
Agreement at any time during the term of the Agreement by giving the City sixty (60) calendar days’ prior written notice.

15. [RESERVED]

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

Page 6 of 38 ends

210
Agreement No.32500375
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 Consultant 's work by City shall not operate as a release of the Consultant from such standard of care and workmanship.

Page 7 of 38 ends

211
Agreement No.32500375
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.

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.

Page 8 of 38 ends

212
Agreement No.32500375
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.

Page 9 of 38 ends

213
Agreement No.32500375
(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.

Page 10 of 38 ends

214
Agreement No.32500375

Page 11 of 38 ends

215
Agreement No.32500375
two shall be applicable to this Agreement. The duty to pay the correct wage is the responsibility of the Consultant.

Page 12 of 38 ends

216
Agreement No.32500375
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.

Page 13 of 38 ends

217
Agreement No.32500375

Page 14 of 38 ends

218
Agreement No.32500375
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.

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

Page 15 of 38 ends

219
Agreement No.32500375

Page 16 of 38 ends

220
Agreement No.32500375
[Signatures on next page]

Page 17 of 38 ends

221
Agreement No.32500375
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 GEOCON WEST, INC.
☐Luis Mc Arthur, Mayor1 Date Neal Berliner, President Date ☐Jennifer Yates, Purchasing Manager2
Gerry Kasman, Date
Vice President3
ATTEST:

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

Page 18 of 38 ends

222
Agreement No.32500375

EXHIBIT A

PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Geocon West, 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:

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

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

Page 19 of 38 ends

223
Agreement No.32500375

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.

Page 20 of 38 ends

224
Agreement No.32500375
Subcategory 1:

Page 21 of 38 ends

225
Agreement No.32500375
complete project/tasks.
○ 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.

Page 22 of 38 ends

226
Agreement No.32500375

Page 23 of 38 ends

227
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:

Page 24 of 38 ends

228

PROFESSIONAL SERVICES
TRAVEL
Personnel ......................................................................................................................................................................... Regular Hourly Rate Subsistence (Per Diem) .................................................................................................................................................................... $305/day Vehicle Mileage ............................................................................................................................................................................. 0.75/mile

EQUIPMENT, MATERIALS, & ANALYTICAL TESTS
Nuclear Density Gauge / Sand Cone Testing Equipment ....... $10/hr 55-Gallon Drum .................................................................... 120/ea Vehicle ..................................................................................... 10/hr Visqeen (6 mil 20X100’) .....................................................135/roll Special Inspection Equipment ................................................... 5/hr Traffic Cones/Barricades ..................................................... 35/day Asphalt Cold Patch/Concrete ................................................ 30/bag TPHg(EPA 8015B) ................................................................ 70/ea Double Ring Infiltrometer Equipment ................................ 200/day TPHd/TPHmo .................................................. (EPA 8015M) 75/ea GPS Unit ............................................................................. 160/day TPH Carbon Chain Breakdown .................... (EPA 8015M) 110/ea Pick-up Truck ..................................................................... 150/day Water Buffalo........................................................................ 75/day Dynamic Cone Penetrometer .............................................. 400/day Methanol and/or Ethanol (EPA 8015M) .............................. 125/ea Volatile Organic Compounds ....................... (EPA 8260B) 125/ea Semi-Volatile Organic Compounds ................. (EPA 8270) 225/ea Hand-Auger .......................................................................... 50/day PAHs (EPA 8270SIM) ........................................................ 185/ea Distilled Water (5-gallon) ...................................................... 20/ea Bailer (Reusable) .................................................................. 35/day CAM 17 Metals (EPA 6010B) ............................................. 170/ea Single Metal ..................................................... (EPA 6010B) 30/ea Bailer (Disposable) ................................................................. 15/ea Hexavalent Chrome (EPA 7199) ........................................... 75/ea Stainless Sampling Pump ................................................. $150/day Battery-Powered Pump ........................................................ 75/day Organochlorine Pesticides (EPA 8081) ............................... 110/ea Organophosphorus Pesticides (EPA 8141) .......................... 125/ea Water Level Indicator .......................................................... 40/day Interface Probe ................................................................... 125/day Photo-Ionization Meter ...................................................... 150/day Combustible Gas Meter ..................................................... 150/day Chlorinated Herbicides (EPA 8151) .................................... 125/ea PCBs (EPA 8082) .................................................................. 95/ea Soil pH (EPA 9045C) ............................................................. 20/ea WET or TCLP Extraction ...................................................... 85/ea pH/Conductivity/Temperature Meter ................................. 150/day Turbidity Meter .................................................................... 80/day Air Sampling Pump .............................................................. 80/day Level D PPE/Decon Rinse Equipment ................................. 50/day Concrete Coring Equipment ............................................... 285/day Generator or Air Compressor ............................................. 150/day EPA 5035 Sample Kits .......................................................... 40/ea Asbestos (PLM) ..................................................................... 25/ea Asbestos (400-point count) ..................................................... 50/ea Sample Compositing ................................................. 20/composite 48-hour Turnaround Time ...................................... 60% surcharge 72-hour Turnaround Time ...................................... 40% surcharge Fiscal Years 2024 - 2025 2026 - 2027 2028 - 2029
Accounting Code SBC-ANE25 SBC-ANE27 SBC-ANE29
$ 100.00 $ 105.00 $ 110.00
$ 100.00 $ 105.00 $ 110.00
$ 90.00 $ 95.00 $ 100.00
$ 95.00 $ 100.00 $ 105.00
$ 115.00 $ 120.00 $ 125.00
$ 130.00 $ 135.00 $ 140.00
$ 130.00 $ 135.00 $ 140.00
$ 140.00 $ 145.00 $ 150.00
$ 150.00 $ 155.00 $ 160.00
$ 160.00 $ 165.00 $ 170.00
$ 180.00 $ 185.00 $ 190.00
$ 205.00 $ 210.00 $ 215.00
$ 405.00 $ 410.00 $ 415.00
$ 500.00 $ 500.00 $ 505.00
Word Processor/Non-Technical Assistant/Draftsman/Dispatcher Engineering Assistant/Lab Technician.

Engineering Field Technician (Earthwork/Compaction Testing/Backfill) * Special Inspector (Concrete, Rebar, Masonry, Welding, etc.) * Engineering Inspector (Bottom Approval / Shoring / Foundations / Piles) * LA City Deputy Grading Inspector (Bottom Approval / Shoring / Foundations / Piles) * Staff Engineer/Geologist *
Senior Staff Engineer/Geologist *
Project Engineer/Geologist *
Senior Project Engineer/Geologist *
Senior Engineer/Geologist *
Associate Engineer/Geologist *
Principal Engineer/Geologist/Litigation Support
Attorney Fees (General)
Deposition or Court Appearance
$ 550.00 $ 550.00 $ 510.00
*Prevailing Wage (PW) California Labor Code §1720, et. Seq add $ 50.00 $ 50.00 $ 60.00 Overtime/Saturday Rate/Night Rate (7pm – 6am w/ 8-Hour minimum per call out) 1.5 X Regular Hourly Rate Sunday and Holiday Rate 2 X Regular Hourly Rate
Minimum Field Services Fee per call-out, 4 Hours (if 4 hours or less), 8 Hours (if more than 4 hours and less than 8 Hours) Short-Notice Cancellation, 4 Hours (if after 4 pm of the day prior to the scheduled inspection time) Short-Notice Cancellation, 4 Hours (upon or after arrival at jobsite) Geocon West Rate Schedule Escalations

EXHIBIT B

PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Geocon West, Inc.)

SCHEDULE OF COMPENSATION
Agreement No. 32500375

Page 25 of 38 ends

229
LABORATORY TESTS*

COMPACTION CURVES SOIL AND AGGREGATE PROPERTIES
(D698/D1557/T99/T108) 4-inch mold................................ $350/ea (D422/T88) Particle Size, Hydrometer w/out Sieve ............ $300/ea (D698/D1557/T99/T108) 6-inch mold.................................. 350/ea (C136/D6913/T27) Sieve, Coarse to Fine w/ #200 Wash .... 200/ea (CT 216) California Impact .................................................. 350/ea (C136/D6913/T27) Sieve, Coarse or Fine w/ #200 Wash ..... 175/ea Check Point........................................................................... 150/ea (C136/D6913/T27) Sieve, Coarse or Fine No #200 Wash .... 150/ea (D1632/CT312) Soil Cement Cyl. Fabrication (Set of 3) ... 200/set (C117/D1140/T11) Materials Finer than #200 ...................... 125/ea (D1632/CT312) Soil Cement Cyl. Fabrication (Addtl. Spec.) 75/ea (D2216/T265/CT226) Moisture Content ................................ 40/ea (D1633/CT312) Soil Cement Comp. Strength (Set of 3) .... 350/set (D2487/D2488) Visual Soil Classification ............................. 40/ea (D1633/CT312) Soil Cement Comp. Strength (Addtl. Spec.) .............................................................................................. 125/ea (D2937) Density of In-Place Soil, Drive-Cyl. Method ........... 50/ea SOIL AND AGGREGATE STABILITY (D4943) Shrinkage Factors of Soils, Wax Method .................. 75/ea (D2844/CT301) Resistance Value ...................................... $400/ea (C131/C535/CT211) L.A. Abrasion Resistance .................. $300/ea (D2844/CT301) Resistance Value, Treated .......................... 400/ea (C142/T112) Clay Lumps and Friable Particles .................... 155/ea (D1883) California Bearing Ratio ........................................ 600/ea SOIL AND AGGREGATE PROPERTIES (CONTD.) (C977) Stabilization Ability of Lime .................................... 200/ea (C123/T113) Light Weight Particles ..................................... 250/ea (D1883) Calif. Bearing Ratio (Army Corp of Engineers) .... 600/ea (D3744/CT229/T210) Durability Index Fine ........................ 200/ea CHEMICAL ANALYSIS (D3744/CT229/T210) Durability Index Coarse ..................... 200/ea (G187/CT643/T288) pH and Resistivity ............................. $200/ea (CT227) Cleanness Value ...................................................... 200/ea (D4972/T289) pH Only ........................................................ 100/ea (D4791) Flat & Elongated Particles ...................................... 200/ea (CT417) Sulfate Content ....................................................... 150/ea (D693/CT205) Percent Crushed Particles .............................. 200/ea (CT422) Chloride Content .................................................... 150/ea (D5821) Percent. of Fractured Particles, Coarse Aggregate .. 200/ea (D2974) Organic Content ..................................................... 125/ea (C40/CT213/T21) Organic Impurities ................................... 100/ea PERMEABILITY, CONSOLIDATION AND EXPANSION (C235) Soft Hardness (Scratch Hardness) ............................ 125/ea (D5084) Permeability, Flexible Wall .................................. $270/ea (C88/CT214/T104) Sulfate Soundness .................................. 550/ea (D5856) Permeability, Rigid Wall ........................................ 260/ea (C1252/T304) Uncompact. Void Content, Fine Aggregate ... 200/ea (D2434) Permeability, Constant Head .................................. 280/ea (C127/CT206/T85) Coarse Specific Gravity ......................... 175/ea (D2434) Permeability, FHA Slab-on-Grade ......................... 110/ea (C128/CT207/T84) Fine Specific Gravity ............................. 200/ea (D2434) Permeability, Hourly ................................................ 55/ea (D854/CT209/T100) Specific Gravity of Soil ....................... 225/ea (D2435/T216) Consolidation (6 pts. w/ Unload) .................. 450/ea (C29/CT212/T19) Unit Weight & Percent Voids .................. 125/ea (D2435/T216) Consolidation Additional Point w/ Unload ... 125/ea (D2419/CT217/T176) Sand Equivalent ................................. 175/ea (D2435/T216) Time Rate Consol. (6 pts. w/Unload) ........ 1,000/ea (D4318/CT204/T89/T90) Plastic Index (Plastic/Liq. Limit) 275/ea (D2435/T216) Time Rate Consol. Add’l. Point w/Unload ... 200/ea (D4318/CT204/T89) Liquid Limit ........................................ 150/ea (D4546) Swell/Compression Testing & Density .................. 150/ea (D4318/CT204/T90) Plastic Limit ........................................ 150/ea (D4546) Swell/Settlement Testing & Density (ea. addtl. pt.) 100/ea (C330) Spec. for Lightweight Aggregates, Struc. Concrete .. Quote (D4546) Swell/Settlement Testing & Density (County) ....... 150/ea SHEAR STRENGTH (D4546) Swell/Settlement Testing & Density (FHA) .......... 100/ea (D2166) Unconfined Compression ...................................... $100/ea (D4829) Expansion Index of Soils ........................................ 300/ea (D3080/T236) Direct Shear (3 points) ................................. 400/set STEEL TESTING (D3080/T236) Direct Shear Addtl. Points/ea. residual pass $150/ea Reinforcing Steel Tests: (D2850) Unconsolidated-Undrained Triaxial Shear .............. 115/ea (A370) Tensile Strength & Elongation (D2850) Unconsolidated-Undrained Triaxial Staged ............ 160/ea #11 Bar & Smaller ............................................... $125/ea (D4767) Consolidated-Undrained Triaxial Shear .................. 265/ea #14 Bar ................................................................ $150/ea (D4767) Consolidated-Undrained Triaxial Staged ................ 340/ea #18 Bar (Proof Test) ........................................... $175/ea (EM1110) Consolidated-Drained Triaxial Shear ................... 375/ea (A370) Bend Test (EM1110) Consolidated-Drained Triaxial Staged ................. 480/ea #11 Bar & Smaller ................................................. $75/ea MASONRY** #14 & #18 Bar ..................................................... $100/ea Concrete Block Test (Sets of 3 Required):
(A370) Tensile - Mechanically Spliced Bar (C140) Unit Weight Moisture Content & Absorption ........ $350/ea #11 Bar & Smaller ............................................... $200/ea (C140) Moisture Content/Absorption (ea. addtl. specimen) 125/ea #14 Bar & Larger ................................................. $250/ea (C140) Compression Test ..................................................... 300/ea (A370) Tensile – Electric Resist. Butt Splice w/ Control ..... 200/ea (C140) Compression Test (ea. addtl. specimen) .................. 125/ea (A370) Straightening of bar (if required) ................................ 75/ea (C426) Linear Drying Shrinkage .......................................... 350/ea Structural Steel Tests: (C109/UBC 21-16) Mortar Cylinder (2”x4”) ......................... 30/ea (A370) Machining & Prep of Test Specimen ............... Cost + 20% (C942) Grout Prism (3”x3”x6”), trimming included ............... 35/ea (A370) Tensile Strength & Elongation Masonry Prism (Assemblage):

Up to 200,000 lbs ................................................. $150/ea (C1314) 8”x8”x16” – 8”x12”x16” ..................................... $200/ea 200,000 – 300,000 lbs ............................................ 175/ea (C1314) 8”x16”x16” – 10”x12”x16” ................................... 225/ea 300,000 – 400,000 lbs ............................................ 200/ea Agreement No. 32500375

Page 26 of 38 ends

230
LABORATORY TESTS* (CONTINUED)
Pre-stressing Wire & Tendon Tests: (C1314) 12”x12”x16” – 12”x16”x16” ................................. 250/ea (A421) Tensile Strength, Single Wire................................. $200/ea (C1314) Larger than 12”x16”x16” ....................................... Quote (A416) Tensile Strength, 7-Wire Strand ............................. $250/ea Brick Test (Set of 5 Specimens):

High Strength Bolt, Nut, & Washer Tests: (C67) 24-Hour Absorption, Cold Water ............................. $250/set (A325/A490) Tensile Test on Bolts .................................... $125/ea (C67) 5-Hour Absorption, Boiling Water ........................... $250/set (A563) Proof Load Test on Nuts ........................................ $125/ea (C67) Compression Test or Modulus of Rupture ............... $300/set (A325/A490) Hardness Test on Bolts ................................... $75/ea (C67) Each Additional Specimen ........................................ $100/ea (A536) Hardness Test on Nuts .............................................. $75/ea CONCRETE** (F436) Hardness Test on Washers ........................................ $75/ea Mix Designs:

Weld Specimen Tests: (ACI211/ACI214) Concrete Mix Design ............................ $450/ea (E164) Ultrasonic Examination .............................. Quote (ACI211/ACI214) Review of Concrete Mix Design ........... $450/ea Machining & Prep of Test Specimen ............................ Cost + 20% (C192) Concrete Trial Mix (includes equipment & labor) .. $650/ea (E381) Macrotech Test (3 Faces) ............................................ $355 Concrete Properties:

ASPHALT TESTING (C39/CT521/T22) Comp. Strength, Concrete Cyl. ................ $30/ea Asphalt Properties: (C42/CT521/T22) Comp. Strength, Concrete/Gunite Core ... $60/ea (D2726/CT308/T166) Bulk Spec. Grav. Compacted HMA $125/ea (C78/CT523) Flex. Strength of 6”x6”x21” Concrete Beam .. 125/ea (D1560/CT366) Stabilometer Value (HVEEM) ................ $250/ea (C174) Length Measuring of Drilled Cores ......................... $100/ea (D2041) Theoretical Max Specific Gravity ........................ $200/ea (C1140) Shotcrete Panel-Coring & Testing (Set of 3) ........ $350/set (D5444) Sieve Analysis of Extracted Asphalt .................... $250/ea (C1140) Shotcrete Panel (each addtl. specimen) ................. $125/ea (D6307/CT382) Percent Asphalt, Ignition Method............. $200/ea (C496) Static Modulus of Elasticity .................................... $250/ea (D1188) Unit Weight of Asphalt Core .................................. 110/ea (C496) Drying Shrinkage (Set of 3, up to 28 days) ............ $650/set MISCELLANEOUS TESTING SERVICES (C642) Spec. Gravity, Absorp., Voids in Hardened Concrete . 95/ea Calibration of Hydraulic Ram: (F1869) Vapor Emission Rate, Concrete Subfloor .................. 75/ea 100 Ton & Under ................................................................ $300/ea 101 Tons – 200 Tons ............................................................ 400/ea Use of Universal Testing Machine:

UTM with One Operator .................................................... $450/ea Additional Technician ...................................... Regular Tech Rate Spray Applied Fireproofing: *2X Surcharge on rush turn-around for laboratory testing. (E605/E736) Fireproofing Oven Dry Density/Thickness ... $150/ea **Fee applies for sample storage, testing, or disposal.

VIBRATION MONITORING SERVICES
Initial Set-Up & Baseline Readings (Each)…….….…$3,000 Monitoring (Monthly)……………………………………………$6,000 Installation (Two Stations)……………………...……….$3,500 Monitoring (Weekly) …………………………………….………$2,000 Installation (Each Additional Station)…………......…..$2,000 Monitoring (Daily) ………………………………………….………$500 Meetings, Additional Reporting (Hourly)…..………...…$160 Emergency Site Visit……………….……………………….………$640 Agreement No. 32500375

Page 27 of 38 ends

231
Exhibit INS-A

INSURANCE REQUIREMENTS FOR CONSULTANTS
(WITH ERRORS AND OMISSIONS REQUIREMENT)

EXHIBIT C

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Geocon West, Inc.)
Agreement No.32500375

Page 28 of 38 ends

232
Exhibit INS-A

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

INS-A.doc
Agreement No.32500375

Page 29 of 38 ends

233
Exhibit INS-A

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

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.32500375

Page 30 of 38 ends

234
Exhibit INS-A
ENDORSEMENT NO. ISSUE DATE (MM/DD/YY)
PRODUCER POLICY INFORMATION:

Insurance Company:

Policy No.:

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:

3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability.

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

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.

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

Rev. 1/23 INS-A.doc
Agreement No.32500375

Page 31 of 38 ends

235
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 NAMED INSURED coverage. Per Occurrence Per Claim (which) . 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:

3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company’s limits of liability.

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

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.

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

Signature
(original signature required)
Telephone: ( ) Date Signed
Rev. 1/23 INS-A.doc
Agreement No.32500375

Page 32 of 38 ends

236
Agreement No.32500375

EXHIBIT D

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Geocon West, Inc.)

Page 33 of 38 ends

237
Agreement No.32500375

Page 34 of 38 ends

238
Agreement No.32500375

EXHIBIT E

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Geocon West, Inc.)

PREVAILING WAGE

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.

Page 35 of 38 ends

239
Agreement No.32500375

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.

Page 36 of 38 ends

240
Agreement No.32500375

Page 37 of 38 ends

241

Company Name/Financial Institution (printed):

By (Authorized Signature):

Printed Name & Title of Person Signing:

Federal ID Number (or n/a):

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 Geocon West, Inc.)
Agreement No. 32500375

Page 38 of 38 ends

242
Agreement No.32500379

ON-CALL PROFESSIONAL SERVICES AGREEMENT

BETWEEN
THE CITY OF OXNARD AND SHANNON & WILSON, INC.

By This On-Call Professional Services Agreement (“Agreement”), the City of Oxnard (“City”) agrees to engage the Services of Shannon & Wilson, 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 Consultant to perform all or 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-call 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.

Shannon & Wilson, Inc., a corporation/LLC/LLP of the State of Washington, located at 400 N. 34th St., Suite 100, Seattle, WA 98103.

4. TERM OF AGREEMENT: From: February 19, 2025 To: February 18, 2026 A. Time is of the essence in this Agreement
B. The City shall have the option to exercise (4) consecutive (1) one-year term extensions, in accordance with the scope of work and terms and conditions of this Agreement. Any price negotiations, if allowed, shall be negotiated at the time of contract extension.

Page 1 of 46 ends

243
Agreement No.32500379
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. AGREEMENT AMOUNT NOT TO EXCEED: $1,000,000. 001

City Designated Representative
Name: Morgan Kessler
Title: City Engineer
Phone: 805-385-7880
Email [email protected]
Address: 305 W. Third St., East Wing,
2 nd Fl., Oxnard, CA 93030
Consultant Designated Representative
Name: Steve Diem
Title: Contract Manager
Phone: 818-539-8418
Email: [email protected]
Address: 100 North 1st Street, Ste 200,
Burbank, CA 91502

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.

Page 2 of 46 ends

244
Agreement No.32500379
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

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.

Page 3 of 46 ends

245
Agreement No.32500379
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.

Page 4 of 46 ends

246
Agreement No.32500379
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

Page 5 of 46 ends

247
Agreement No.32500379
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.

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

Page 6 of 46 ends

248
Agreement No.32500379
Consultant 's work by City shall not operate as a release of the Consultant from such standard of care and workmanship.

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.

Page 7 of 46 ends

249
Agreement No.32500379
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.

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.

Page 8 of 46 ends

250
Agreement No.32500379

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.

Page 9 of 46 ends

251
Agreement No.32500379
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.

Page 10 of 46 ends

Oxnard City CouncilFebruary 18, 2025

Oxnard City Council
February 18, 2025