529
Agreement No. 32600038
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 Exhibit B: Schedule of Compensation Exhibit C: Insurance Requirements: City Insurance Exhibit INS-A Exhibit D: Living Wage Policy Exhibit E: Prevailing Wage Policy 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: Omar Ortiz Title: Project Manager Phone: (805) 276-7470 Email: [email protected] Address: 6001 Perkins Rd., Oxnard, CA. 93033 Consultant Designated Representative Name: Bryan C. Paine Title: Vice President, Company Officer Phone: (714) 483-1354 Email: [email protected] Address: 999 Town & Country Rd., Orange, CA 92868
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
City.
B. A request for modification of the terms, prior to execution of the Agreement,
must
be
made
in
writing
and
presented
to
the
Designated
Representative
of
the
City
prior
to
the
time
this
Agreement
is
executed.
C. All proof of a City tax certificate, insurance, and W-9 forms is required prior to
execution
of
this
Agreement.
530
Agreement No. 32600038
D. 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 the tasks, obligations, and Services set forth in the
“Scope
of
Services,”
attached
to
and
incorporated
into
this
Agreement
as
“Exhibit
A.”
Once
this
Agreement
is
executed,
the
Scope
of
Services
may
only
be
modified
by
written
Amendment
pursuant
to
Section
13 of
this
Agreement.
B. The Services shall be coordinated with the designated City Project Manager
set
forth
in
Exhibit
A
subject
to
the
direction
of
the
City
Manager
or
Department
Director.
Consultant
hereby
designates
its
Project
Manager
as
set
forth
in
“Exhibit
A”
as
the
person
responsible
for
the
Services
who
shall
coordinate
with
City’s
Project
Manager
in
executing
the
Scope
of
Services
under
this
Agreement.
10. COMPENSATION. City shall pay Consultant for the Services performed pursuant to the
terms
of
this
Agreement
and
the
“Schedule
of
Compensation,”
attached
to
and
incorporated
into
this
Agreement
as
“Exhibit
B.”
City
shall
pay
Consultant
an
amount
not
to
exceed
the
amount
is
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.
A. Cost Proposal for Phases B. Allowance for Price Adjustments. 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
531
Agreement No. 32600038
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,
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
532
Agreement No. 32600038
of this Agreement. A written amendment signed by both Parties shall be required to authorize
performance
of
and
payment
for
Extra
Services.
14. TERMINATION OF AGREEMENT. City may terminate this Agreement at any time, with
or
without
cause
and
without
penalty,
upon
fifteen
(15)
calendar
days’
prior
written
notice
pursuant
to
Section
22 of
this
Agreement.
Such
termination
shall
be
effective
on
the
date
specified
in
the
notice,
or
if
no
date
is
specified,
then
fifteen
(15)
calendar
days
from
the
date
of
the
notice.
City
shall
be
liable
to
Consultant
only
for
work
done
by
Consultant
up
to
and
including
the
date
of
termination
of
this
Agreement
unless
the
termination
is
for
cause,
in
which
event
Consultant
need
be
compensated
only
to
the
extent
required
by
law.
Consultant
may
terminate
this
Agreement
at
any
time
during
the
term
of
the
Agreement
by
giving
the
City
sixty
(60)
calendar
days’
prior
written
notice.
15. [RESERVED] 16. INDEPENDENT CONTRACTOR. Consultant is and shall at all times remain, as to City,
a
wholly
independent
contractor.
Neither
City
nor
any
of
its
employees
or
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.
533
Agreement No. 32600038
17. LAWFUL PERFORMANCE. Consultant shall abide by all federal, state, and local laws
and
regulations
as
may
be
related
to
the
performance
of
duties
under
this
Agreement.
Consultant,
at
its
sole
expense,
shall
obtain
and
maintain
during
the
term
of
this
Agreement,
all
appropriate
permits,
licenses,
and
certificates
that
may
be
required
in
connection
with
the
performance
of
Services
under
this
Agreement.
18. SAFETY REQUIREMENTS. Consultant shall not perform any Services for the City when
the
Consultant
is
impaired
by
alcohol
or
a
controlled
substance.
When
there
is
reasonable
cause
to
believe
that
any
person
has
violated
this
provision,
that
person
shall
be
immediately
removed
from
the
premises
and
be
subject
to
any
applicable
civil
and/or
criminal
penalties
under
the
City’s
Code
and/or
under
state
law.
All
work
performed
under
this
Agreement
shall
be
performed
in
such
a
manner
as
to
provide
safety
to
the
public.
The
City
reserves
the
right
to
issue
restraining
or
cease
and
desist
orders
to
Consultant
when
unsafe
or
harmful
acts
are
observed
or
reported
relative
to
the
performance
of
the
work
under
this
Agreement.
The
acceptance
of
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 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.
534
Agreement No. 32600038
20. OWNERSHIP OF CONSULTANT’S WORK PRODUCT, CONFIDENTIALITY &
DISCLOSURE,
RECORDS
&
WARRANTY.
City
shall
be
the
owner
of
any
and
all
technical
documents
and
records,
including,
computations,
plans,
correspondence,
and/or
other
pertinent
data
and
information,
both
hard
copy
and
electronic,
gathered
or
prepared
by
Consultant
in
performance
of
this
Agreement
and
shall
be
entitled
to
immediate
possession
of
the
same
upon
completion
of
the
work
under
this
Agreement,
or
at
any
earlier
or
later
time
when
the
same
may
be
requested
by
City.
A. Ownership of Documents. Every report, draft, work product, map, record,
and
other
document
reproduced,
prepared,
or
caused
to
be
prepared
by
the
Consultant
pursuant
to
or
in
connection
with
this
Agreement
shall
be
the
exclusive
property
of
the
City.
B. Deliverables. Consultant shall deliver to the City the studies, plans, specifications,
or
other
documents
as
are
identified
in
the
Scope
of
Services;
and
Consultant
shall,
upon
completion
of
all
work
or
termination
of
this
Agreement,
submit
to
the
City
all
information
developed
in
the
course
of
the
Consultant
's
services.
Consultant
shall,
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
535
Agreement No. 32600038
be a member of the public as that term is used in Government Code Section
7920.515.
E. Disclosure of Information. Consultant shall not disclose, publish, or authorize
others
to
disclose
or
publish,
design
data,
drawings,
specifications,
reports,
or
other
information
pertaining
to
the
projects
assigned
to
Consultant
by
the
City
or
other
information
to
which
the
Consultant
has
had
access
during
the
term
of
this
Agreement
without
the
prior
written
approval
of
the
City’s
Designated
Representative
during
the
term
of
this
Agreement
and
for
a
period
of
two
(2)
years
after
the
termination
of
this
Agreement.
F. No Warranty. Other than an obligation upon the City to deal in good faith,
the
City
makes
no
warranties
and
shall
bear
no
liability
or
responsibility
for
errors
or
omissions
in
any
Confidential
Information
disclosed
under
this
Agreement
or
for
any
business
decisions
made
by
Consultant
in
reliance
on
any
Confidential
Information
disclosed
under
this
Agreement.
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
shall
be
addressed
to
each
Party’s
Designated
Representative
as
set
forth
above
in
Section
7. When
addressed
in
accordance
with
this
Section,
such
notice
shall
be
deemed
given
upon
deposit
in
the
United
States
mail,
postage
prepaid.
In
all
other
instances,
notices
shall
be
deemed
given
at
the
time
of
actual
delivery.
Changes
may
be
made
in
the
names
or
addresses
of
persons
to
whom
notices
are
to
be
given
by
giving
notice
in
the
manner
prescribed
in
this
Section.
23. INDEMNIFICATION, HOLD HARMLESS & DEFENSE. Except as set forth in Subsection
A
of
this
Section
23,
and
to
the
fullest
extent
permitted
by
law,
Consultant
shall
immediately
defend,
indemnify,
and
hold
harmless
the
City,
its
536
Agreement No. 32600038
officers, employees, representatives, and agents (the “City Indemnitees”), from and against
those
actions,
suits,
proceedings,
claims,
demands,
losses,
costs,
and
expenses,
including
legal
costs
and
reasonable
attorneys’
fees,
for
any
personal
injuries,
deaths,
or
property
damage,
including
property
owned
by
the
City
(collectively
“Claims”)
which
may
arise
out
of
Consultant's
negligence
or
willful
misconduct
in
the
performance
of
the
services
described
in
this
Agreement,
unless
such
Claims
are
proven
to
be
caused
by
the
negligence
or
willful
misconduct
of
the
City
Indemnitees.
A. The provisions of this Subsection apply only in the event that Consultant is
a
design
professional
within
the
meaning
of
California
Civil
Code
section
2782.8
(“Design
Professional”).
The
term
Design
Professional,
as
defined
in
said
section,
is
limited
to
licensed
architects,
licensed
landscape
architects,
registered
professional
engineers,
professional
land
surveyors,
and
the
business
entities
that
offer
such
services
in
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.
537
Agreement No. 32600038
C. The obligation to indemnify and defend, as set forth in this Section 23, is binding
on
the
successors,
assigns,
or
heirs
of
Consultant
and
shall
survive
the
expiration
or
any
early
termination
of
this
Agreement.
24. INSURANCE. Consultant shall obtain and maintain during the performance of any Services
under
this
Agreement
the
insurance
coverages
listed
within
“Exhibit
C”,
which
is
attached
hereto
and
incorporated
herein
by
this
reference,
unless
the
Risk
Manager
waives,
in
writing,
the
requirement
that
Consultant
obtain
and
maintain
such
insurance
coverages.
Such
insurance
must
be
issued
by
a
company
satisfactory
to
the
Risk
Manager.
Consultant
shall,
before
performance
of
any
Services
pursuant
to
this
Agreement,
file
with
the
Risk
Manager
evidence
of
insurance
coverage
as
specified
in
“Exhibit
C”.
Maintenance
of
insurance
coverages
by
Consultant
is
a
material
element
of
this
Agreement.
Consultant’s
failure
to
maintain
or
renew
insurance
coverages
or
to
provide
renewal
evidence
shall
be
considered
a
material
breach
of
this
Agreement.
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
E”
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
“F”
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.
538
Agreement No. 32600038
C. In the event that there is a difference between the amount of wages to be
paid
under
the
City
of
Oxnard’s
local
Living
Wage
requirements
and
the
requirements
of
this
provision,
the
wage
rate
that
is
the
higher
of
the
two
shall
be
applicable
to
this
Agreement.
The
duty
to
pay
the
correct
wage
is
the
responsibility
of
the
Consultant.
27. [RESERVED] 28. SUBCONTRACTING. If Consultant requires the assistance of a subcontractor to render
any
Services
under
this
Agreement,
Consultant
shall
obtain
prior
written
consent
from
the
City
before
a
subcontractor
performs
any
service
pursuant
to
this
Agreement.
All
subcontractors
shall
be
identified
in
the
Scope
of
Work
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
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
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.
539
Agreement No. 32600038
31. DISPUTE RESOLUTION. Should an unresolved dispute arise out of this Agreement, any
Party
may
request
that
it
be
submitted
to
mediation.
The
Parties
shall
meet
in
mediation
within
a
reasonable
time
not
to
exceed
forty
five
(45)
days
of
a
request.
The
mediator
shall
be
agreed
to
by
the
mediating
Parties.
In
the
absence
of
an
Agreement
on
a
mediator,
the
Parties
shall
each
submit
one
name
from
mediators
listed
by
the
American
Arbitration
Association,
the
California
State
Board
of
Mediation
and
Conciliation,
or
other
agreed-upon
service.
The
mediator
shall
be
selected
by
a
“blindfold”
process.
The
cost
of
mediation
shall
be
borne
equally
by
both
Parties.
Neither
Party
shall
be
deemed
the
prevailing
Party.
No
Party
shall
be
permitted
to
file
a
legal
action
without
first
meeting
in
mediation
and
making
a
good
faith
attempt
to
reach
a
mediated
settlement.
The
mediation
process,
once
commenced
by
a
meeting
with
the
mediator,
shall
last
until
Agreement
is
reached
by
the
Parties
but
not
more
than
sixty
(60)
calendar
days,
unless
the
maximum
time
is
extended
in
writing
by
both
Parties.
32. ASSIGNMENT. This Agreement is for the professional Services of Consultant. Any attempt
by
Consultant
to
assign
the
benefits
or
burdens
of
this
Agreement
without
the
prior
written
approval
of
City
shall
be
prohibited
and
shall
be
null
and
void.
Consultant
's
Services
pursuant
to
this
Agreement
shall
be
provided
by
the
Consultant’s
Designated
Representative
or
directly
under
his/her
supervision,
and
Consultant
shall
not
assign
another
to
supervise
the
Consultant
's
performance
of
this
Agreement
without
the
prior
written
approval
of
City,
by
and
through
the
City’s
Designated
Representative.
33. CARE OF WORK. Should Consultant discover any latent or unknown conditions materially
differing
from
those
inherent
in
the
Services
or
as
represented
by
the
City,
Consultant
shall
immediately
inform
the
City
of
such
fact
and
shall
not
provide
any
Services,
except
at
Consultant’s
risk,
until
written
instructions
are
received
from
the
Project
Manager.
34. REPORTS. Upon request by the Project Manager or as otherwise required by this Agreement,
including
but
not
limited
to,
the
Scope
of
Services
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
540
Agreement No. 32600038
by City. Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine
and
audit
Consultant
for
a
period
of
3 years
after
final
payment
under
the
Agreement.
Regardless
of
whether
a
State
audit
is
permitted,
Consultant
shall
maintain
and
preserve
all
such
records
for
a
period
of
at
least
3 years
after
final
payment
under
the
Agreement
or
until
an
audit
has
been
completed
and
accepted
by
City,
whichever
occurs
later.
Consultant
shall
maintain
all
such
records
in
City
or
to
promptly
reimburse
City
for
all
reasonable
costs
incurred
in
conducting
the
audit
at
a
location
other
than
in
City,
including
but
not
limited
to
expenses
for
personnel,
salaries,
private
auditor,
travel,
lodging,
meals
and
overhead.
Consultant
shall
include
a
copy
of
this
Section
in
all
contracts
with
its
subcontractors,
and
Consultant
shall
be
responsible
for
immediately
obtaining
those
records
or
other
written
material
from
its
subcontractors
upon
a
request
by
the
State
Auditor
and/or
City.
36. ADVERTISING AND PUBLICITY. Consultant shall not use the name of or refer to City
directly
or
indirectly
in
any
advertisement,
news
release,
or
professional
or
trade
publication
without
prior
written
approval
from
the
City
Manager.
This
Section
shall
survive
the
termination
of
this
Agreement.
37. NONDISCRIMINATORY EMPLOYMENT. Consultant shall not unlawfully discriminate
against
any
individual
based
on
race,
color,
religion
or
religious
creed,
national
origin,
ancestry,
ethnic
group
identification,
primary
language,
physical
disability,
mental
disability,
medical
condition,
genetic
information,
marital
status,
gender,
gender
identity,
gender
expression,
sex,
sexual
orientation,
age,
immigration
status,
citizenship
or
military
and
veteran
status.
Consultant
understands
and
agrees
that
it
is
bound
by
and
will
comply
with
all
legal
nondiscrimination
mandates.
For
every
subcontractor
who
will
perform
Services,
Consultant
shall
be
responsible
for
such
subcontractor’s
compliance
with
this
Section.
38. COVENANTS AND CONDITIONS. Each term and each provision of this Agreement to
be
performed
by
Consultant
shall
be
construed
to
be
both
a
covenant
and
a
condition.
39. WAIVER. City’s review or acceptance of, or payment for, work product prepared by Consultant
under
this
Agreement
will
not
be
construed
to
operate
as
a
waiver
of
any
rights
City
may
have
under
this
Agreement
or
of
any
cause
of
action
arising
from
Consultant’s
performance.
A
waiver
by
City
of
any
breach
of
any
term,
covenant,
or
condition
contained
in
this
Agreement
will
not
be
deemed
to
be
a
waiver
of
any
subsequent
breach
of
the
same
or
any
other
term,
covenant,
or
condition
contained
in
this
Agreement,
whether
of
the
same
or
different
character.
541
Agreement No. 32600038
40. FORCE MAJEURE. Neither the Consultant nor the City shall be responsible for any delay
caused
by
any
contingency
beyond
their
control,
including,
but
not
limited
to,
war
or
insurrection,
walkouts
by
the
Party’s
own
employees,
fires,
natural
calamities,
riots,
or
demands
or
requirements
of
governmental
agencies
other
than
the
City.
41. GOVERNING LAW. The terms of this Agreement shall be interpreted according to the
laws
of
the
State
of
California.
Should
litigation
occur,
venue
shall
be
in
the
Superior
Court
of
California,
County
of
Ventura.
42. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction
to
be
invalid
or
unenforceable,
then
such
portion
will
be
deemed
modified
to
the
extent
necessary
in
the
opinion
of
the
court
to
render
such
portion
enforceable
and,
as
so
modified,
such
portion
and
the
balance
of
this
Agreement
will
continue
in
full
force
and
effect
and
be
enforceable.
43. INTEGRATED AGREEMENT. This Agreement and the attached exhibits referenced herein
to
this
Agreement
represent
the
entire
understanding
between
the
Parties.
No
verbal
Agreement
or
implied
covenant
shall
be
held
to
vary
the
provisions
of
this
Agreement.
This
Agreement
shall
bind
and
inure
to
the
benefit
of
the
Parties
to
this
Agreement
and
any
subsequent
successors
and
assigns.
44. NO THIRD-PARTY BENEFICIARY. This Agreement shall not be construed to be an Agreement
for
the
benefit
of
any
third-party
or
parties,
and
no
third
party
or
parties
shall
have
any
claim
or
right
of
action
under
this
Agreement.
45. AUTHORITY TO EXECUTE. Each Party hereto expressly warrants and represents that
the
signatories
to
this
Agreement
have
the
authority
to
execute
this
Agreement
on
behalf
of
its
corporation,
partnership,
business
entity,
or
governmental
entity,
and
warrants
and
represents
that
the
signatories
have
the
authority
to
bind
each
Party
to
the
performance
of
its
obligations
hereunder.
46. EXECUTION – COUNTERPARTS. This Agreement may be executed in any number
of
counterparts
and
each
such
duplicate
counterpart
shall
constitute
an
original,
but
they
shall
not
be
effective
nor
enforceable
unless
and
until
it
is
executed
with
the
handwritten
signature
or
electronic
signature
of
an
authorized
representative
of
each
of
the
relevant
Parties.
No
counterpart
shall
be
deemed
to
be
an
original
or
presumed
delivered
unless
and
until
the
counterpart
executed
by
the
other
Party
to
this
Agreement
is
in
the
physical
possession
of
the
Party
seeking
enforcement
thereof.
542
Agreement No. 32600038
47. INCONSISTENT OR CONFLICTING TERMS. In the event of any contradictions or inconsistencies
between
any
attached
documents
or
exhibits
incorporated
by
reference
herein
and
the
provisions
of
the
Agreement
itself,
the
terms
of
the
Agreement
shall
control.
Any
exhibit
that
is
attached
and
incorporated
by
reference
shall
be
limited
to
the
purposes
for
which
it
is
attached,
as
specified
in
this
Agreement.
Any
contractual
terms
or
conditions
contained
in
such
exhibit
imposing
additional
obligations
on
the
City
are
not
binding
upon
the
City
and
City’s
Designated
Representative
unless
specifically
agreed
to
in
writing,
and
initiated
by
City’s
Designated
Representative,
as
to
each
additional
contractual
term
or
condition.
48. CAPTIONS AND HEADINGS. The captions and headings contained in this Agreement
are
provided
for
identification
purposes
only
and
shall
not
be
interpreted
to
limit
or
define
the
content,
scope,
or
intent
of
the
provisions
described
under
the
respective
caption
or
heading.
49. ACKNOWLEDGEMENT. By signing below, Consultant acknowledges that it has reviewed
the
City’s
Professional
Services
Agreement
terms
and
conditions
and
insurance
requirements
and
that
Consultant
hereby
agrees
to
full
compliance.
[Signatures on next page]
543
Agreement No. 32600038
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 AECOM TECHNICAL SERVICES, INC. ☐ Luis A. Mc Arthur, Mayor 1 Date Bryan C. Paine, Date Vice President, Company Officer ☐ Jennifer Yates, Purchasing Agent 2 Bryan Rash,
3 Date Assistant Secretary ATTEST: Lourdes A. López, City Clerk Date (only if Mayor authorizes) APPROVED AS TO FORM: Stephen M. Fischer, Date City Attorney (always required)
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.
2 The
Purchasing
Agent
may
execute
any
authorized
agreement
up
to
$220,000.
1 The City Council must authorize and the Mayor must execute any agreement over $220,000.
544
Agreement No. 32600038
EXHIBIT A
PROFESSIONAL SERVICE AGREEMENT (CITY of Oxnard and AECOM Technical Services, Inc.) SCOPE OF SERVICES PROJECT MANAGER: Omar Ortiz (805) 276-7470, [email protected] The scope of services for this project covers the construction period for Construction Project
P20-27
(2021
Reliability
Improvements)
through
May
2026
and
a
7-month
post-construction
period
through
December
2026.
The
project
will
be
monitored
and
provided
as
a
lump
sum
contract
and
compensated
on
a
percent
complete
basis
monthly.
1.0 Project Management The Consultant shall manage professional services to complete the project.
These
services
shall
include
preparation
of
invoices,
progress
reviews,
and
directing
staff
and
internal
resources
in
a
manner
that
project
milestones
and
deliverables
are
met
as
scheduled.
1.1 Project Progress Monitoring and Status Reports The Consultant shall monitor project progress and coordinate with the City: 1. Report project issues and general progress to the City monthly. This shall be achieved
through
a
project
status
report
that
shall
be
submitted
with
each
monthly
invoice.
The
project
status
report
shall
be
in
narrative
form
and
highlight
the
progress
in
each
task
or
subtask(s)
and
any
issues
from
the
prior
month
and
work
effort
planned
for
the
coming
month.
Progress
will
be
tracked
on
a
percentage
physical
complete
throughout
the
contract
period.
2. Coordinate technical and procedural issues with the City. 3. Oversee its own efforts, monitor progress and budget used, and direct project work
in
accordance
with
the
project
scope,
schedule,
and
budget.
1.2 Quality Management The Consultant shall manage the quality of the project deliverables throughout the
development
of
the
project.
2.0 Construction Meetings 2.1 Coordination Meetings
545
Agreement No. 32600038
Consultant design engineers and other pertinent staff will attend coordination meetings
(virtual
and
site
visits)
with
the
City
and
Construction
Manager
(CM)
when/as
needed.
A
total
of
50 coordination
meetings
are
assumed
during
the
construction
period.
2.2 Bi-weekly Progress Meetings Consultant design engineers and other pertinent staff will attend bi-weekly progress
meetings
with
the
City,
Construction
Manager
and
Contractor.
A
total
of
40 progress
meetings
are
assumed.
3.0 Submittals Consultant shall review Contractor submittals received from the CM. A total of 200 submittals
are
assumed
for
the
construction
period.
After
completion
of
the
review,
the
submittals
will
be
uploaded
and
maintained
in
the
monitoring
software
site,
Procore.
Consultant
will
maintain
a
submittal
log
to
manage
reviews
internally.
4.0 Requests for Information (RFIs) Review and respond to Contractor’s Requests for Information (RFI). A total of 250 RFIs
are
assumed.
The
RFI
responses
will
be
uploaded
and
maintained
in
the
monitoring
software
site,
Procore.
Consultant
will
maintain
an
RFI
log
to
manage
responses
internally.
5.0 Construction Contract Changes Consultant will support CM in preparing and investigating proposed contract change requests
submitted
by
the
Contractor
or
requested
by
the
City.
This
may
require
evaluation
of
the
change
request
for
value
and
constructability,
and
impact
on
design
intent.
This
task
may
include
revisions
to
existing
drawings
and
development
of
new
specifications.
It
is
assumed
that
the
CM
will
prepare
all
documentation
and
forms,
maintain
a
PCO
(Proposed
Change
Order)
Log
and
prepare
formal
change
order
packages
for
the
City.
A
total
of
4 Contract
Change
Orders
are
budgeted.
6.0 Startup Assistance 6.1 Review of Manufacturers Operations Manuals. Consultant shall review manufacturers’ O&M manuals for completeness and consistency.
O&M
Manuals
will
be
reviewed
for
specific
applicability
to
equipment
supplied
for
the
project.
6.2 Commissioning An instrumentation specialist will attend factory tests and oversee field verification
testing
of
plant
wide
SCADA
systems.
The
Consultant
will
assist
the
City
in
the
testing
and
start-up
of
the
completed
facilities
by
providing
on-site
advice
and
troubleshooting,
as
required.
For
fee
estimating
purposes,
we
have
budgeted
one
full
time
startup
and
testing
specialist
for
up
to
8 weeks
during
startup
and
commissioning.
Maintain
records
indicating
problems
encountered
546
Agreement No. 32600038
and system changes. Recommend project acceptance upon completion of the commissioning
period
in
accordance
with
the
contract
documents.
7.0 Project Closeout 7.1 Certification of Compliance Consultant shall provide certification that the completed project is in substantial
conformance
to
the
engineering
design
and
design
intent.
7.2 Record Drawings CM will maintain a set of as-built drawings during construction and will review the
contractor’s
as-built
drawings
periodically
to
verify
that
changes
are
being
documented.
Consultant
shall
update
the
drawings
in
CADD,
stamped
and
dated
as
Record
Drawings,
and
signed
by
an
authorized
AECOM
engineer.
8.0 Post-Construction Assistance Consultant shall provide continuing assistance as needed for seven months during
the
Warranty
Period,
following
final
construction
completion.
Assistance
may
include
troubleshooting,
meetings
with
CM
and
Contractor,
recommendations
for
acceptance
or
rejection
of
completed
works,
and
instrumentation
or
control
adjustments.
547
Agreement No. 32600038
EXHIBIT B PROFESSIONAL SERVICE AGREEMENT (CITY of Oxnard and AECOM Technical Services, Inc.) SCHEDULE OF COMPENSATION
Oxnard Reliability Improvements ESDC
TASK TOTALS
HOURS COST
Task 1 - Project Management 168 $ 57,020
Task 2 - Construction Meetings 406 $ 134,879
Task 3 - Submittals 392 $ 245,538
Task 4 - Requests for Information 444 $ 195,031 Task 5. Construction Contract Changes 48 $ 40,574 Task 6 - Start Up Assistance 336 $ 82,000
Task 7 - Project Closeout 168 $ 33,000
Task 8 - Post Construction 128 $ 32,000
Travel and ODCs $ 15,294
Total Estimated Cost $ 835,335
548
Agreement No. 32600038
549
Agreement No. 32600038
EXHIBIT C ON-CALL PROFESSIONAL SERVICES AGREEMENT (CITY of Oxnard and AECOM TECHNICAL SERVICES, INC.) INSURANCE REQUIREMENTS Prior to contract approval and beginning of services under this agreement, Consultant
must
procure,
agree
to
maintain
and
supply
evidence
of
insurance
at
the
levels
listed
and
in
accordance
with
the
other
provisions
listed
in
this
document.
[SEE NEXT PAGES]
550
Agreement No. 32600038
INSURANCE REQUIREMENTS FOR CONSULTANTS (WITH ERRORS AND OMISSIONS REQUIREMENT) 1. Consultant shall obtain and maintain during the performance of any services under this Agreement the following
insurance
against
claims
for
injuries
to
persons
or
damages
to
property
which
may
arise
from
or
in
connection
with
the
performance
of
services
hereunder
by
Consultant,
its
agents,
representatives,
employees
or
subconsultants.
a. Commercial General Liability Insurance, including Contractual Liability, in an amount not less than
$1,000,000
combined
single
limit
for
bodily
injury
and
property
damage
for
each
claimant
for
general
liability
with
coverage
equivalent
to
Insurance
Services
Office
Commercial
General
Liability
Coverage
(Occurrence
Form
CG
0001).
If
a
general
aggregate
limit
is
used,
that
limit
shall
apply
separately
to
the
project
or
shall
be
twice
the
occurrence
amount;
b. Business automobile liability insurance in an amount not less than $1,000,000 combined single limit
for
bodily
injury
and
property
damage
for
each
claimant
for
automobile
liability
with
coverage
equivalent
to
Insurance
Services
Office
automobile
liability
coverage
(Occurrence
Form
CA0001)
covering
Code
No.
1,
“any
auto;”
c. Professional liability/errors and omissions insurance appropriate to Consultant’s profession to a minimum
coverage
of
$1,000,000,
with
neither
Consultant
nor
listed
subconsultants
having
less
than
$500,000
individually.
The
professional
liability/errors
and
omissions
insurance
must
be
project
specific
with
at
least
a
one
year
extended
reporting
period,
or
longer
upon
request.
d. Workers’ compensation insurance in compliance with the laws of the State of California, and employer’s
liability
insurance
in
an
amount
not
less
than
$1,000,000
per
claimant.
Additionally,
the
workers’
compensation
policy
shall
include
a
waiver
of
all
rights
of
subrogation
which
the
insurer
may
have
against
the
City.
2. Consultant shall, prior to performance of any services, file with the Risk Manager certificates of insurance with
original
endorsements
effecting
coverage
required
by
this
Exhibit
INS-A.
The
certificates
and
endorsements
for
each
insurance
policy
are
to
be
signed
by
a
person
authorized
by
that
insurer
to
bind
coverage
on
its
behalf.
The
certificates
and
endorsements
are
to
be
on
the
attached
forms
or
on
other
forms
approved
by
the
Risk
Manager.
All
certificates
and
endorsements
are
to
be
received
and
approved
by
the
Risk
Manager
before
commencement
of
services.
City
reserves
the
right
to
require
complete
certified
copies
of
all
required
insurance
policies
at
any
time.
The
certificates
of
insurance
and
endorsements
shall
be
sent
via
email.
If
you
have
not
received
your
request
or
are
having difficulty with electronic upload, contact [email protected] 3. Consultant agrees that all insurance coverages shall be provided by a California admitted insurance carrier with
an
A.M.
Best
rating
of
A:VII
or
better
and
shall
be
endorsed
to
state
that
coverage
may
not
be
suspended,
voided,
canceled,
or
reduced
in
coverage
or
limits
without
30 days’
prior
written
notice
to
the
Risk
Manager.
The
Risk
Manager
shall
not
approve
or
accept
any
endorsement
if
the
endorsement
contains
“best
effort”
modifiers
or
if
the
insurer
is
relieved
from
the
responsibility
to
give
such
notice.
4. Consultant agrees that the commercial general liability and business automobile liability insurance policies shall
be
endorsed
to
name
City,
its
City
Council,
officers,
employees,
agents
and
volunteers
as
additional
insureds
as
respects:
liability
arising
out
of
activities
performed
by
or
on
behalf
of
Consultant;
products
and
completed
operations
of
Consultant;
premises
owned,
occupied
or
used
by
Consultant;
or
automobiles
owned,
leased,
hired
or
borrowed
by
Consultant.
The
coverage
shall
contain
no
special
limitations
on
the
scope
of
protection
afforded
to
City,
its
City
Council,
officers,
employees,
agents
and
volunteers.
The
General
Liability
Special
Endorsement
Form
and
Automobile
Liability
Special
Endorsement
Form
attached
to
this
Exhibit
INS-A
or
substitute
forms
containing
the
same
information
and
acceptable
to
the
Risk
Manager
shall
be
used
to
provide
the
endorsements
(ISO
form
CG
2010
11/85
or
if
not
available,
CG
2010
with
an
edition
date
prior
to
01/04
and
CG
2037).
5. The coverages provided to City shall be primary and not contributing to or in excess of any existing City insurance
or
self-insurance
coverages
(
this
must
be
endorsed)
.
Additionally,
the
workers’
compensation
policy
shall
include
a
waiver
of
all
rights
of
subrogation
which
the
insurer
may
have
against
the
City.
Any
failure
to
comply
with
reporting
provisions
of
the
policies
shall
not
affect
coverage
provided
to
City,
its
City
Council,
officers,
employees
and
volunteers.
The
insurance
shall
apply
separately
to
each
insured
against
whom
claim
is
made
or
suit
is
brought,
except
with
respect
to
the
limits
of
the
insurer's
liability.
6. The insurer shall declare any deductibles or self-insured retentions to and be approved by the Risk Manager.
At
the
option
of
the
Risk
Manager,
either
the
insurer
shall
reduce
or
eliminate
such
deductibles
or
self-insured
retentions
as
respects
City,
its
City
Council,
officers,
employees
and
volunteers,
or
the
Consultant
shall
procure
a
bond
guaranteeing
payment
of
losses
and
related
investigations,
claim
administration
and
defense
expenses.
7. All insurance standards applicable to Consultant shall also be applicable to Consultant's subconsultants.
Consultant
agrees
to
maintain
appropriate
agreements
with
subconsultants
and
to
provide
proper
evidence
of
coverage
upon
receipt
of
a
written
request
from
the
Risk
Manager.
551
Agreement No. 32600038
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
552
Agreement No. 32600038
ACORD CERTIFICATE OF INSURANCE
ISSUE
DATE
(MM/DD/YY) PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. CODE SUB-CODE
COMPANIES AFFORDING INSURANCE COVERAGE INSURED
COMPANY
LETTER
A
SPECIFY COMPANY NAMES IN THIS SPACE COMPANY
LETTER
B COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE DATE (MM/DD/YY)
POLICY EXPIRATION DATE (MM/DD/YY)
LIMITS A
GENERAL LIABILITY [x] COMMERCIAL GENERAL LIABILITY [ ] CLAIMS MADE [x] OCCUR. [x] OWNER'S & CONTRACTOR'S PROT.
GENERAL
AGGREGATE
$1,000,000
PRODUCTS
COMP/OP
AGG
. $1,000,000
PERSONAL
&
ADV.
INJURY
$1,000,000
EACH
OCCURRENCE
$1,000,000
FIRE
DAMAGE
(Any
one
fire)
$
MED.
EXPENSE
(Any
one
person)
$
A
AUTOMOBILE LIABILITY [x] ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY
COMBINED
SINGLE
$1,000,000 LIMIT
BODILY
INJURY
$
(Per person)
BODILY
INJURY
$
(Per accident)
PROPERTY
DAMAGE
$
A
EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM
EACH
OCCURRENCE
$
AGGREGATE
$
A
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
STATUTORY LIMITS
EACH
ACCIDENT
$1,000,000
DISEASE-POLICY
LIMIT
$1,000,000
DISEASE-EACH
EMPLOYEE
$1,000,000
A
OTHER
Errors and omissions insurance or malpractice insurance available for the insured's profession
Minimum
coverage
$1,000,000
Each
consultant/
$500,000 & listed sub-consultant
DESCRIPTION
OF
OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL
ITEMS
CERTIFICATE HOLDER CITY OF OXNARD ℅ Evident ID, Inc. 8520 Allison Pointe Blvd. Ste 223 PMB 5210 Indianapolis, Indiana 462500-4299 US CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE 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
553
Agreement No. 32600038
554
Agreement No. 32600038
EXHIBIT D
[RESERVED]
555
Agreement No. 32600038
EXHIBIT E PROFESSIONAL SERVICES AGREEMENT (CITY of Oxnard and AECOM Technical Services, Inc . ) LIVING WAGE POLICY Pursuant to the Living Wage Policy adopted July 9, 2002 by the City Council
and
effective
October
1,
2002,
the
City
Manager
and
City
Attorney
are
directed
to
include
the
following
language
in
all
standard
Consultant/Professional
Services
contracts
that
may
be
governed
by
the
Living
Wage
Policy.
A. Consultant shall compensate any employee of Consultant who provides
Services
under
this
Agreement
in
accordance
with
the
Living
Wage
Policy,
attached
hereto
and
incorporated
herein
by
reference
as
the
Living
Wage
Policy
Exhibit.
While
this
Agreement
is
in
effect,
Consultant
shall
pay
such
employee
no
less
than
$19.51
per
hour
for
each
hour
that
such
employee
provides
Services
under
this
Agreement.
In
addition,
while
this
Agreement
is
in
effect,
Consultant
shall
provide
to
such
employee
no
less
than
96 hours
of
paid
leave
per
calendar
year.
B. Consultant agrees to post, at a location readily accessible to those employees
providing
Services
to
the
City,
a
copy
of
the
Living
Wage
Policy
adopted
by
City
Council
on
July
9,
2002
and
effective
October
1,
2002.
C. If Consultant fails to compensate such employee pursuant to the Living
Wage
Policy,
the
City
Manager
or
designee
shall
terminate
this
Agreement
on
written
notice
to
Consultant,
effective
immediately.
D. In addition, if Consultant fails to comply with the Living Wage Policy in any
manner,
Consultant
shall
pay
to
City
a
fine
of
$500
and
shall
pay
to
any
employee
providing
Services
under
this
Agreement
a
penalty
of
three
times
the
amount
or
value
of
the
compensation
owed
to
such
employee
under
the
Living
Wage
Policy.
Consultant
shall
pay
such
fine
and
penalty
within
fifteen
(15)
calendar
days
after
the
City
Manager
or
designee
provides
written
notice
to
Consultant
of
the
amount
owed.
556
Agreement No. 32600038
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
E.
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.
557
Agreement No. 32600038
EXHIBIT F PROFESSIONAL SERVICES AGREEMENT (CITY of Oxnard and AECOM Technical Services, Inc.) PREVAILING WAGE 1. Consultant acknowledges that the Project defined in the Agreement between
Consultant
and
City
is
a
“public
work”
as
defined
in
Division
2,
Part
7,
Chapter
1 of
the
California
Labor
Code
(“Chapter
1”),
and
that
this
Agreement
is
subject
to
Chapter
1 and
the
rules
and
regulations
established
by
the
Director
of
Industrial
Relations
(“DIR”)
implementing
such
statutes.
Consultant
shall
perform
the
Project
as
a
public
work.
Consultant
shall
comply
with
and
be
bound
by
all
the
terms,
rules
and
regulations
described
in
Chapter
1 and
the
DIR’s
rules
and
regulations
as
though
set
forth
in
full
herein.
2. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of
per
diem
wages
for
each
craft,
classification,
or
type
of
worker
needed
to
perform
the
Agreement
are
on
file
at
City
Hall
and
will
be
made
available
to
any
interested
party
on
request.
Consultant
acknowledges
receipt
of
a
copy
of
the
DIR
determination
of
such
prevailing
rate
of
per
diem
wages,
and
Consultant
shall
post
such
rates
at
each
job
site
covered
by
this
Agreement.
3. Consultant is required to post job site notices, as prescribed by regulation.
See
Labor
Code
Section
1771.4(a)(2).
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.
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.
558
Agreement No. 32600038
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.
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
559
Agreement No. 32600038
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.
560
City Council
September 2, 2025
Tim Beaman, PE
Assistant Director of Public Works
Agreement 32600038 with AECOM for
Engineering Services During Construction
561
RECOMMENDATION 2
That the City Council approve and authorize the Mayor to execute an Agreement with AECOM Technical Services, Inc. (AECOM) for a term of one year and four months from September 3, 2025, to December 31, 2026, for a total amount not to exceed $835,335 for Engineering Services During Construction for the Wastewater Reliability Improvements Project. 562
BACKGROUND 3
• On June 7, 2022, the Wastewater Division awarded Agreement A-8463, for $54.1M, to Kiewit Infrastructure West Co. for the Wastewater Reliability Improvements Project (C2201)
• The project scope includes
• Construction of a new electrical building & motor control centers
• A maintenance storage building
• Site security upgrades
• Supervisory control and data acquisition (SCADA) system improvements
• Various other enhancements
• The project is currently 75% complete and remains in active construction
563
BACKGROUND 4
New Electrical Building
564
BACKGROUND 5
Maintenance Storage Building
565
BACKGROUND 6
Site Security Upgrades
566
BACKGROUND 7
• AECOM served as the original designer and engineer of record for Project C2201 and has been providing engineering
consulting support since 2015.
• As with most capital improvement program (CIP) projects, the designer of record provides support during the construction phase for services such as
• Responding to requests for additional information
• Submittal review
• Commissioning and start-up of treatment processes
567
BACKGROUND 8
• The work performed under this task order has been
integral to the progress of the current construction effort. • To ensure continuity, maintain efficiency, and better align with the specific needs of this project, the Wastewater Division is now requesting to establish a standalone
contract with AECOM for design services for the remainder of the project, currently estimated to be completed by
December 2026.
568
DISCUSSION
• A negotiated sole source contract is requested for this work due to AECOM’s extensive involvement with the
project’s design, facility conditions, and ongoing
coordination with the construction contractor
• AECOM is the legal engineer of record for the project design
• Continued involvement is essential for providing timely responses to requests for information, reviewing submittals, issuing design clarifications, and evaluating potential field changes
• Engaging a different engineering consultant at this stage would be inefficient, costly, disruptive to the project timeline, and can bring uncertainty to the liability and responsibility held as the engineer of record.
9 569
DISCUSSION
• To date, AECOM has been compensated $580,922.54
under Agreement A-8415 Task Order 07 for these services • The original task order did not account for unknown field conditions that required additional design considerations including underground utilities around the new electrical building and basin isolation at headworks
• The new contract shall have a not-to-exceed amount of $835,335 • Proposed to cover design services through project completion, currently estimated at December 31, 2026
• Establishing a standalone NSS contract will phase out the reliance on general task orders under broader Public
Works engineering service agreements and instead
implement a contract specific to Project C2201
10 570
DISCUSSION
• Additionally, this NSS contract ensures adherence to the new purchasing Ordinance 3053 passed by City Council
on April 15, 2025, specifically Section 4-9, which states:
• 4-9 ON-CALL AGREEMENTS
• (G) Task Orders issued for professional services subject to Article III and related to a Capital Improvement Project shall not exceed $220,000.
• Given that AECOM requires additional funding through the end of Project C2201, a standalone contract must be
established as task orders may not be issued in excess of $220,000 for capital improvement projects under the new Purchasing Ordinance.
11 571
• The total cost for this Agreement with AECOM shall not exceed $835,335 through the contract term ending December 31, 2026. • There is currently $32,335,093.94 available in the Wastewater OWTP:
Reliability Improvements Project (C2201)
• Funded by State and Federal sources (Funds 200 and 210) and the State Revolving Fund (617).
• These funds are designated specifically for construction-related expenses and not professional services.
• Staff is requesting a budget appropriation of $835,335 from the Wastewater Operating Fund (611) available fund balance, along with a corresponding appropriation increase in the Wastewater Capital Fund (612) for the same amount, to fund Agreement No. 32600038 within this project.
FINANCIAL IMPACT 12
572
End of Presentation
573
CITY COUNCIL AGENDA REPORT
REPORTS
AGENDA ITEM NO. I.2
DATE: September 2, 2025
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Construction Contract Increase for Agreement 32500358 with At Your Service Construction & Energy, Inc., for Restroom Improvement Project - College Estates Park, Specification No. PW 23-28. (10 minutes)
RECOMMENDATION
That the City Council approve and authorize additional project contingency funds in the amount of $10,000.00 to Agreement 32500358 with At Your Service Construction & Energy, Inc. for a new not-to-exceed contract value of $429,980.00 for the Restroom Improvement Project - College Estates Park, Specification No. PW 23-28.
(This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.)
Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/BOuY4cWWD3w
BACKGROUND
This project involves removing the existing bathroom structure at College Estates Park, which was in an unusable condition, and replacing it with a prefabricated Exeloo restroom unit that was previously purchased by the City. The installation contractor, At Your Service Construction & Energy, Inc., was the successful bidder for this project. The construction contract value for this work was originally approved by the City Council on February 4, 2025, for $381,800, with a project construction contingency of $38,180.
Capital Improvement Program (CIP) Reference:
Project No. C2305 – Public Restroom Improvements - CIP 2025-2029 - Adopted June 4, 2024 – Page 53.
DISCUSSION
This project, like many where old structures and equipment are being replaced or upgraded, has experienced several unforeseen circumstances where additional, unforeseen work was required. In one such instance, it was discovered early on in the project that the sewer line that services the restroom had collapsed, necessitating its total replacement. In another example, due to a significant and unforeseen delay by Southern California Edison (SCE) in providing permanent electrical service, along with a related SCE requirement to install additional electrical components, the demolition and replacement of the restroom at Pleasant Valley Park has incurred costs that were not expected. The Contract Change Order (CCOs) required are:
• CCO#1: Sewer line repair and replacement was required due to the existing sewer line's age and the fact that it remained dry for multiple years. This caused the line to collapse and necessitate replacement. This was 574
discovered after the demolition of the remaining utility room and the excavation of the new Exeloo foundation.
Total CCO amount: $29,750.00
• Pending CCO#2: Due to Southern California Edison (SCE) requirements, the electrical meter needs to be relocated from the utility room in the Exeloo to a podium located outside the structure. The location inside the utility room was chosen and recommended to mitigate any potential vandalism. During the construction phase, SCE informed the City that the location was not suitable and the meter needed to be located outside of the building. Total CCO amount: $14,500.00
In summary:
Original contract contingency amount: $38,180.00 Change Orders (1): - $29,750.00 Remaining Contingency (after CCO 1): + $8,430.00 Pending Change Order 2: - $14,500.00 ______________________________________________________________ Additional construction contingency needed: ($6,070.00)
Staff recommends adding to the construction contingency and increasing the contract value in the amount of $10,000.00 to cover the contract change orders necessary to complete the work and provide a small additional amount in case any additional items arise in the process of completing the project. The project is roughly 85% completed. The remaining items are the installation of the electrical meter and subsequent SCE connection, irrigation system, lawn planting, and landscape maintenance.
STRATEGIC PRIORITIES
This agenda item supports the Quality of Life strategy. The purpose of the Quality of Life strategy is to restore and increase quality services and programs that enrich Oxnard's diverse community, promotes safe neighborhoods, encourages community engagement, and supports our residents in their efforts to improve their quality of life.
FINANCIAL IMPACT
The total cost for the additional contingency needed for this Project is $10,000.00, which increases the total not-to-exceed value of Agreement 32500358 with At Your Service Construction & Energy, Inc. from $419,980.00 to $429,980.00. The Public Restroom Improvement Project (C2305) is funded by the General Fund ($1.5 million) and Measure O ($1 million) funds with a total project budget allocation of approximately $2.5 million in FY 2024-25. There are sufficient budget appropriations to fund this change order increase.
COMMITTEE OUTCOME
This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.
Prepared by: Morgan Kessler, City Engineer
ATTACHMENTS
1. Agreement No. 32500358
2. February 4, 2025 Staff Report
3. C2305 Restroom Replacement Schedule
4. Presentation
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CITY COUNCIL AGENDA REPORT
INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. K.3
DATE: February 4, 2025
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected]
SUBJECT: Public Project Agreement 32500358 with At Your Service Construction & Energy, Inc., for Restroom Improvement Project - College Estates Park, Specification No. PW 23-28.
RECOMMENDATION
That the City Council approve and authorize:
1. A total of $458,160 in Project funds for the Restroom Improvement Project - College Estates Park, Specification No.
PW 23-28;
2. The Mayor to Execute an Agreement with At Your Service Construction & Energy, Inc. in the amount of $381,800 and a Project contingency amount of $38,180 (10%) for a total not to exceed contract value of $419,980 for the Project; and
3. A Project allocation amount of $38,180 (10%) for engineering, inspection, survey and project management for the Project.
(This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.)
BACKGROUND
On September 1, 2020, the City Council adopted the prefabricated automated restroom from Exeloo Corporation (“Exeloo”) as the standard park restroom for future park capital improvement projects. In the 2020 staff report, it was outlined that these Exeloo restrooms were selected because they provided mitigation to vandalism and a means to address recurring maintenance at the staffing and funding level in the Parks budget in 2020. The Exeloos also have programmable features for scheduled self-cleaning and automatic doors that are scheduled for locking and unlocking according to park operating hours. Five of these restrooms have been purchased and two have been installed at Community Center Park East and Pleasant Valley Park.
During the past months, staff has tracked and recorded the amount of vandalism and graffiti that occurs at the newly installed Exeloo restrooms. Staff has found that these restrooms receive roughly the same volume of damage that is comparable to other non-Exeloo park restrooms. Therefore, the reported graffiti and vandal mitigation does not provide a significant operational cost benefit. So far the costs are slightly higher than average because of the damage to the automation and other technologies. Additionally, the self-cleaning features of the Exeloo restrooms are only for sanitizing the facility. Therefore, they still require daily janitorial services for overall cleaning, trash disposal, and stocking restroom supplies. Staff will continue to monitor the newly installed Exeloos for the reported benefits and make a future recommendation on continuing to use it as the only prefabricated restroom for City parks moving forward.
Exeloo restrooms are partially assembled in a factory environment and transported to the site, they are ready for installation, which can reduce on-site construction costs and public disruption.
This project is for the installation of a prefabricated Exeloo restroom at College Estates Park to replace the previous restroom that was destroyed in a fire in November 2019. The Project scope includes the installation of the pre-purchased 628
Exeloo restroom modular building atop a site-built concrete foundation. Concrete work, grading and drainage improvements, utility connections, and minor landscape improvements are all within the scope of the installation.
Installation will also include pick-up and drop-off of the Exeloo restroom from the City Yard where the unit is currently stored.
Capital Improvement Program (CIP) Reference:
Project No. C2305 – Public Restroom Improvements - CIP 2025-2029 - Adopted June 4, 2024 – Page 53.
DISCUSSION
The Notice Inviting Formal Bids (NIFB) on the Project was published on October 31, 2024, both online and in the local newspaper. Additionally, the NIFB was posted on multiple planroom platforms, including the City’s website, and distributed directly to 30 contractors who have registered with the City to be notified of Public Project bids within their license category. All bids were due and opened on December 5, 2024. The City received the following bids:
At Your Service Construction & Energy, Inc.: $381,800.00 Zuma Construction Group, Inc.: $543,999.00
Ardalan Construction Company, Inc.: $589,900.00
The lowest bidder is At Your Service Construction & Energy, Inc. (AYSC&E) and its bid is responsive to the City’s NIFB. Following this determination, procurement staff reviewed all documentation received from AYSC&E and its subcontractors. Procurement staff verified possession of required currently valid licenses, reviewed the federal Occupational Safety and Health Administration (OSHA) website for safety violations, and verified registration with the California Department of Industrial Relations (DIR). Based upon the available information and research performed to date, staff believes that the contractor is capable of satisfactorily completing the project. Thus, staff recommends that the City Council award the contract for this Project to AYSC&E.
In addition to the project award amount of $381,800, Staff recommends authorizing $76,360 for the project, which includes $38,180 for project contingency (10% of the contract cost) and $38,180 for the cost for engineering services and City staff (10% of the contract cost). Engineering services include the following activities during construction: engineering, inspection, materials testing, survey, and project management. These recommendations bring the total estimated cost of the project to $458,160.
The work is tentatively scheduled to begin in March 2025 and continue into the Summer 2025 (70 working days), absent any delays due to supply chain issues, unforeseen site conditions, or weather. Staff will post notices within the park and on social media to keep the residents informed of the project schedule.
STRATEGIC PRIORITIES
This agenda item supports the Quality of Life strategy. The purpose of the Quality of Life strategy is to restore and increase quality services and programs that enrich Oxnard's diverse community, promotes safe neighborhoods, encourages community engagement, and supports our residents in their efforts to improve their quality of life.
FINANCIAL IMPACT
The total cost for this Project is $458,160 which includes the construction agreement, contingency and project allocation.
The Public Restroom Improvement Project (C2305) is funded by the General Fund ($1.5 million) and Measure O ($1 million) funds with a total project budget allocation of approximately $2.5 million in FY 2024-25. There are sufficient budget appropriations to fund this Project.
The cost to maintain the new Exceloo restroom at College Estates Park is contained in the new janitorial agreement with Premier Property Preservation, LLC. The daily cost will be $17.00 ($6,205 annually) for the cleaning and closing of the restroom. These services will commence once the project is finalized with a Notice of Completion. Funding for the annual janitorial services will be included in the Parks Division FY 2025-26 budget request. Please note that this park had a restroom and the cost to maintain the previous restroom was included in prior Parks’ operating budgets.
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COMMITTEE OUTCOME
This item did not originate in Committee as this is a capital improvement project specifically listed in the City's Capital Improvement Program budget, which was previously approved by the City Council.
Prepared by: Morgan Kessler, City Engineer, Steve Howlett, Assistant Public Works Director
ATTACHMENTS
1. Agreement 32500358 AYS
2. C2305_Public Restroom Improvement_Budget Tracking
3. September 1, 2020 Staff Report
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Public Restroom Improvements C2305 Construction
Contract Award
Authorized
Contingency
ESPIM Authorized
Funding
Total Project
Value Budget Balance
Starting Budget Balance $2,403,804.46
College Estates Park Restroom PW 23-28
32500358 $381,800.00 $38,180.00 $38,180.00 $458,160.00 $1,945,644.46 Del Sol Park Restroom PW 24-14 Out to Bid
Seaview Park Restroom PW 21-21 TBD
Pleasant Valley Park Restroom PW 21-84¹
A-8485 $217,500.00 $24,661.56 $21,750.00 $263,911.56 N/A Community Center East Park PW 22-116²
A-8489 $295,500.00 $29,550.00 $29,550.00 $354,600.00 N/A ¹ Partially funded by Project C2019 utilizing CBDG funds ($60,000) ² Fully funded by Project C1810 utilizing CDBG funds
Completed Restroom Projects
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Construction Contract Increase for
Agreement 32500358 with
At Your Service Construction & Energy, Inc.
for Restroom Improvement Project College
Estates Park
Specification No. PW 23-28.
City Council
September 02, 2025
Taylor Gambino
Civil Engineer
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That the City Council approve and authorize:
• Additional project contingency funds in the amount of $10,000.00 to Agreement 32500358 with At Your Service Construction & Energy, Inc. for a new not-to-exceed contract value of $429,980.00 for the Restroom Improvement Project - College Estates Park, Specification No. PW 23-28.
RECOMMENDATION 2
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• This CIP project involves:
• removing the existing, unuseable bathroom structure at College Estates Park
• replacing it with a prefabricated Exeloo restroom unit • At Your Service Construction & Energy, Inc., is the
contractor.
• Contract was awarded by City Council on February 4, 2025 • Contract value is $381,800, with an original contingency of $38,180.
BACKGROUND 3
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This image shows the Exeloo restroom placed and the pathway to it being finished.
BACKGROUND 4
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• This project has experienced several circumstances where additional, unforeseen work is required.
• This is quite common for work where older facilities that are beyond their service life are replaced
• The Contract Change Orders (CCOs) required for this
project are:
• CCO#1: Replacement of collapsed sewer line. $29,750.00 • Pending CCO#2: Relocation of electrical service due to Southern California Edison (SCE) requirements.
$14,500.00
DISCUSSION 5
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This image shows an example of the collapsed sewer line associated with CCO#1. The entire line was similarly deteriorated.
This condition was discovered only after removal of the existing restroom foundation DISCUSSION 6
637
Location of SCE power service pedestal associated with CCO#2 DISCUSSION 7
638
• Needed change orders exceed the available contingency amount
• Staff recommends increasing the construction contingency in the amount of $10,000.00 to cover the presently needed
change orders, and any future minor requirements to
complete the work.
DISCUSSION 8
639
• The total cost for the additional contingency needed for this Project is $10,000.00
• This increases the total not-to-exceed value of Agreement 32500358 with At Your Service Construction & Energy, Inc. from $419,980.00 to $429,980.00. • The Public Restroom Improvement CIP Project (C2305) is funded by the General Fund ($1.5 million) and Measure O ($1 million) funds with a total project budget allocation of approximately $2.5 million in FY 2024-25. • There are sufficient budget appropriations to fund this change order increase.
FINANCIAL IMPACT 9
640
QUESTIONS
10 641