Cities Index.
Agenda packet

Oxnard City Council
September 2, 2025

Document
Agenda packet
Meeting
September 2, 2025
Body
Oxnard City Council
Pages
183
Original file
50.1 MB
Text extracted from the city's file for reading and search. Open the original on oxnardca.api.civicclerk.com. That file is the official record.

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.

Page 2 of 32 ends

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

to:
[email protected]

Page 3 of 32 ends

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

Page 4 of 32 ends

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.

Page 5 of 32 ends

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.

Page 6 of 32 ends

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

Page 7 of 32 ends

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

mail

shall

be

addressed

to

each

Party’s

Designated

Representative

as

set

forth

above

in

Section

7. When

addressed

in

accordance

with

this

Section,

such

notice

shall

be

deemed

given

upon

deposit

in

the

United

States

mail,

postage

prepaid.

In

all

other

instances,

notices

shall

be

deemed

given

at

the

time

of

actual

delivery.

Changes

may

be

made

in

the

names

or

addresses

of

persons

to

whom

notices

are

to

be

given

by

giving

notice

in

the

manner

prescribed

in

this

Section.

23. INDEMNIFICATION, HOLD HARMLESS & DEFENSE. Except as set forth in Subsection

A

of

this

Section

23,

and

to

the

fullest

extent

permitted

by

law,

Consultant

shall

immediately

defend,

indemnify,

and

hold

harmless

the

City,

its

Page 8 of 32 ends

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.

Page 9 of 32 ends

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.

Page 10 of 32 ends

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

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.

Page 11 of 32 ends

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

Page 12 of 32 ends

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.

Page 13 of 32 ends

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.

Page 14 of 32 ends

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]

Page 15 of 32 ends

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.

Page 16 of 32 ends

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

Page 17 of 32 ends

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

Page 18 of 32 ends

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.

Page 19 of 32 ends

547
Agreement No. 32600038
EXHIBIT B PROFESSIONAL SERVICE AGREEMENT (CITY of Oxnard and AECOM Technical Services, Inc.) SCHEDULE OF COMPENSATION

Page 20 of 32 ends

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

Page 21 of 32 ends

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]

Page 22 of 32 ends

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.

Page 23 of 32 ends

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

Page 24 of 32 ends

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

Page 25 of 32 ends

553
Agreement No. 32600038

Page 26 of 32 ends

554
Agreement No. 32600038

EXHIBIT D

[RESERVED]

Page 27 of 32 ends

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.

Page 28 of 32 ends

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.

Page 29 of 32 ends

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.

Page 30 of 32 ends

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

Page 31 of 32 ends

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.

Page 32 of 32 ends

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
632
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
634
This image shows the Exeloo restroom placed and the pathway to it being finished.

BACKGROUND 4
635
• 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
636
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

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