Agenda packet — Oxnard City Council, November 3, 2025 (part 2 of 4)

244
Agreement No. 326000140

Agreement. Consultant will promptly furnish all documents requested by C ity.

Additionally, if this Agreement is in excess of $10,000, the State Auditor may examin e 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 C ity, 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 C ity may have under this Agreement or of any cause of action arising from Consultant’s performance. A waiver by C ity 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 contai ned in this Agreement, whether of the same or different character.

Page 14 of 35 ends

245
Agreement No. 326000140

40. FORCE MAJEURE. Neither the C onsultant nor the C ity 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 15 of 35 ends

246
Agreement No. 326000140

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 shal l 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, C onsultant acknowledges that it has reviewed the C ity’s Professional Services Agreement terms and conditions and insurance requirements and that Consultant hereby agrees to full compliance.

[Signatures on next page]

Page 16 of 35 ends

247
Agreement No. 326000140

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 M6 CONSULTING INC.

☐Luis A. Mc Arthur, Mayor 2 Date Robert P. Woodward, CEO Date ☐Jennifer Hiraoka, Purchasing Manager 3

Masoud Mahmoud, CFO,43
Date

ATTEST:

Lourdes A. López, City Clerk Date
(only if Mayor authorizes)

APPROVED AS TO FORM:

Stephen M. Fischer, Date
City Attorney (always required)

2 The City Council must authorize and the Mayor must execute any agreement over $220,000. 3 The Purchasing Agent may execute any authorized agreement up to $220,000. 4 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 l ower-level managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

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

Page 17 of 35 ends

248
Agreement No. 326000140

EXHIBIT A

PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and m6 Consulting Inc.)

SCOPE OF SERVICES

PROJECT MANAGER:

Name: Petros Gazazyan
Phone: (805) 509-9110
Email: [email protected]

General Scope of Work:

Structural Engineering Design Services Consultant (Consultant) shall provide structural engineering design services for projects involving public buildings, housing, public work infrastructure, public parks, and such other facilities as may be required by the City of Oxnard (City). Projects shall include, but not limited to, feasibility/concept plan studies and recommendations; preliminary design reports; evaluate structures and provide structural design and/or construction services for construction, repair, and replacement of structures; oversight of applicable subconsultants and engineering disciplines as required; preparation of construction plans, specifications and estimates (opinions of construction cost); review and respond to plan check review comments for building permit applications; research of utilities and other records; during construction, perform periodic on -site visits of work to determine status, quality, integrity, timeliness and compliancy of performed work; review material submittals, shop submittal drawings and test results; respond to RFIs; draft change orders; and review pay estimates; perform seismic and/or professional structural engineering inspections, evaluations, engineering calculations, and reviews of specifications and construction documents, and such other services as may be required by the City.

Structural Engineering Design Services shall be provided by the Consultant on projects as authorized and directed by City under a duly executed and approved Task Order. The task order proposal shall identify a concise schedule for completion of the task order (Task.) It is the Consultant's responsibility to determine the best and most cost -effective method to complete the Task so that the assigned task order can be completed to the satisfaction of the City. Task orders shall be negotiated as a lump sum amount per term based upon the hourly rate fee schedule as agreed to by the City and Consultant for all services and under agreement amount. Task order funds will be encumbered based on the quote provided to the City by Consultant per task order.

Consultant shall, in the performance of this Agreement, maintain close communications with the City Project Manager or his/her representative. No services will be performed on

Page 18 of 35 ends

249
Agreement No. 326000140

any specific project until the City has issued a signed Task Order to the Consultant for that particular project.

Work Tasks:

Upon request by City, Consultant shall perform the following tasks for needed improvements to municipal infrastructure facilities, as applicable for individual projects:

SCHEMATIC DESIGN:

• Meet with the Architect, Contractor and Owner to discuss requirements for schematic structural design.
• Review existing site conditions and Owner-provided soils report. • Provide conceptual structural system design.
• Provide feasibility studies of project alternatives.

DESIGN DEVELOPMENT:

• Preliminary foundation and retaining wall design.
• Preliminary structural system design, including sections, initial member sizes, and basic structural details.
• Draft specifications.
• Meetings with Architect and Contractor as required for coordination. • Perform field investigations and design surveying.

CONSTRUCTION DOCUMENTS:

• Structural drawings and calculations necessary for Building Department permit submittal.
• Revisions and coordination with City/County staff as needed for all Building Department plan check corrections.
• Structural drawings and specifications ready for bidding and construction. • Prepare estimates (opinions of construction cost).

CONSTRUCTION ADMINISTRATION:

• Submittal and shop drawing review.
• Request for Information (RFI) support.
• Site visits during the course of construction.
• Design services during construction:
o Review and recommend award of construction contracts. o Provide drafting and computer aided drafting support. • Prepare record (“as built”) drawings.

Page 19 of 35 ends

250
Agreement No. 326000140

Projects under this Agreement may involve one or more of the following Municipal Infrastructure Improvements:

o Domestic water distribution system;
o Sanitary sewer collection system;
o Storm drainage collection system;
o Arterial, collector and local streets;
o Transportation system;
o Buildings and other types of facilities;
o Public park improvements;
o Beach maintenance;
o Other undertakings to be determined.

Individual Project Task Order:

Upon request by CITY, FIRM will submit for CITY review an individual project proposal including all information required to complete a Task Order for the individual project. A sample Task Order form is attached.

Task Order proposal will identify the specific tasks to be performed by FIRM. Tasks will be listed in chronological order reflecting the entire scope of work as requested by CITY, along with an estimated cost per task and a combined total Not-to-Exceed cost.

Proposals will contain the names and titles of FIRM’S personnel assigned to perform the work and specifically identify the individual who will be the Project Manager.

Proposals will contain a project schedule indicating the various tasks and estimated time required to complete each task. FIRM’S project schedule will reflect all work to be performed by FIRM from initial execution through completion.

Page 20 of 35 ends

251
Agreement No. 326000140

Page 21 of 35 ends

252
Agreement No. 326000140

EXHIBIT B

PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and m6 Consulting Inc.)

SCHEDULE OF COMPENSATION

Page 22 of 35 ends

253
Agreement No. 326000140

EXHIBIT C

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and m6 Consulting 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 23 of 35 ends

254
Agreement No. 326000140

Page 24 of 35 ends

255
Agreement No. 326000140

Page 25 of 35 ends

256
Agreement No. 326000140

Page 26 of 35 ends

257
Agreement No. 326000140

Page 27 of 35 ends

258
Agreement No. 326000140

Page 28 of 35 ends

259
Agreement No. 326000140

EXHIBIT D

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and m6 Consulting Inc.)

[RESERVED]

Page 29 of 35 ends

260
Agreement No. 326000140

EXHIBIT E

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and m6 Consulting Inc.)

LIVING WAGE POLICY

Pursuant to the Living Wage Policy adopted July 9, 2002 by the C ity Council and effective October 1, 2002, the C ity Manager and City Attorney are directed to include the following language in all standard 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 $20.06 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 C ity 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 compensati on 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 30 of 35 ends

261
Agreement No. 326000140

CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2025

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 $ 20.06 per hour for each hour that such employee provides Services under this Agreement. This hourly rate shall be adjusted on July 1, 2026, 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 C ity 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 31 of 35 ends

262
Agreement No. 326000140

EXHIBIT F

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and m6 Consulting 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. P ursuant 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 C ity, 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. 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 C ity a

Page 32 of 35 ends

263
Agreement No. 326000140

verified statement of the journey man 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.

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 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 t o 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.

Page 33 of 35 ends

264
Agreement No. 326000140

13. To the maximum extent, Consultant shall hold harmless, defend (with counsel approved by the C ity Attorney) and indemnify C ity, 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 at torneys’ fees and other related costs. All duties of Consultant under this Section shall survive Agreement termination.

Page 34 of 35 ends

265
Agreement No. 326000140

EXHIBIT G

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and m6 Consulting Inc.)

IRAN CONTRACTING CERTIFICATION

Page 35 of 35 ends

266
Agreement No. 32600141

ON-CALL PROFESSIONAL SERVICES AGREEMENT

BETWEEN
THE CITY OF OXNARD AND T.Y. LIN INTERNATIONAL
B
y This On -Call Professional Services Agreement (“Agreement”), the City of Oxnard (“City”) agrees to engage the Services of T.Y. Lin International (“Consultant”), and Consultant agrees to perform the Services for City as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. City and Consultant may be individually referred to as “Party” or collectively as the “Parties.”

1. [INTENTIONALLY OMITTED].

2. S
UMMARY DESCRIPTION OF SERVICES.

T
he Consultant shall provide structural engineering design services for City of Oxnard projects involving public facilities such as buildings, infrastructure systems, parks, and housing. Services may include feasibility studies, schematic and design development, structural calculations, preparation of construction documents and cost estimates, permit coordination, and construction phase support. The Consultant may also perform field investigations, respond to RFIs, review submittals, and conduct site visits. All work will be assigned through spec ific Task Orders issued by the City, which will define the scope, schedule, and compensation for each project.

T
he Services to be performed pursuant to this agreement will be limited to the particular professional services that are identified in the Scope of Services, attached hereto as Exhibit A. Consultant has been prequalified to perform the particular services required by the City and the City shall issue Task Orders describing the particular project or services required by the City to the prequalified consultants and consultants shall submit a responsive proposal to the City’s Project Manager.

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

3. P
ARTIES.

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

Page 1 of 35 ends

267
Agreement No. 32600141
T.Y. Lin International, a corporation of the State of California, located at 345 California Street, Suite 2300, San Francisco, CA 94104.

4. TERM OF AGREEMENT: From: November 10, 2025 To: November 9, 2027 A. Time is of the essence in this Agreement
B. The City shall have the option to exercise ( 3) consecutive (1) one-year term extensions, in accordance with the scope of wor k and terms and conditions of this Agreement. Any price negotiations, if allowed, shall be negotiated at the time of contract extension.

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

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

5. AGRE
EMENT AMOUNT NOT TO EXCEED: $1,000,000.00 1

6. AGRE
EMENT 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.

Ex
hibit A: Scope of Services and Task Order Template
Exhibit B: Schedule of Compensation
Exhibit C: Insurance Requirements: City Insurance Exhibit INS-A Exhibit D: [RESERVED]
Exhibit E: Living Wage Policy
Exhibit F: Prevailing Wage Policy
Exhibit G: Iran Contracting Certification

7. DESI
GNATED 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 1 This is not a guaranteed dollar amount. No services or work performed pursuant to a Task Order shall exceed the “Not to Exceed” Amount of the Contract or the agreed upon amount stated in the Task Order.

Page 2 of 35 ends

268
Agreement No. 32600141

this Agreement. Additionally, Consultant’s Services shall be performed or immediately supervised by the Consultant’s Representative:

City Designated Representative
Name: Petros Gazazyan
Title: Construction Project Manager
Phone: (805) 509-9110
Email: [email protected]
Address: 305 West Third Street, East
Wing, Second Floor, Oxnard, CA 93030

Consultant Designated Representative
Name: Nathan Hicks
Title: Principal/Project Manager
Phone: (760) 579-9135
Email: [email protected]
Address: 345 California Street, Suite 2300,
San Francisco, CA 94104

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 C ity, and if executed by the Mayor shall also be executed by the City Clerk.

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

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

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

9. CONSULTANT’S SERVICES.

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

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

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

Page 3 of 35 ends

269
Agreement No. 32600141

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

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

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

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

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

A. Payment Request. Consultant shall submit a payment request to CITY by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month. Invoices may be emailed to:
[email protected].

B. C onsultant’s acceptance of final payment made pursuant to this Agreement shall constitute a release of C ity 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 C onsultant for the accuracy and competency of the information provided and/or the Services performed

Page 4 of 35 ends

270
Agreement No. 32600141

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 C onsultant and its employees, agents and subcontracted Consultants.

C. C onsultant shall provide C ity 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 C ity by Consultant, Consultant shall pay the sales tax. C ity shall not reimburse C onsultant 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 C ity, in its discretion , exercises an option term in accordance with Section 4 subparagraphs (B) and (C) of th is 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.

As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper completion of the project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement or any Task Order issued under this Agreement. A written amendment signed by both Parties shall be required to authorize performance of and payment for Extra Services under this Agreement or Task Order.

Page 5 of 35 ends

271
Agreement No. 32600141

the date specified in the notice, or if no date is specified, then fifteen (15) calendar days from the date of the notice. C ity 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 C ity 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 C ity 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, subconsultan ts, 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 C ity. Consultant and its employees are not entitled to receive from C ity any of the benefits or rights afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long-term disability and workers’ compensation insurance benefits.

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

17. LAWFUL PERFORMANCE. Consultant shall abide by all federal, state, and local laws and regulations as may be related to the performance of duties under this Agreement.

Consultant, at its sole expense, shall obtain and maintain during the term of this

Page 6 of 35 ends

272
Agreement No. 32600141

Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of Services under this Agreement.

18. SAFETY REQUIREMENTS. C onsultant shall not perform any Services for the C ity 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 C ity’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. C onsultant 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 C ity Project Manager, or designee (hereinafter the “Project Manager”), provided that discretion in determining what is satisfactory shall not alter the foregoing standard of care.

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

Page 7 of 35 ends

273
Agreement No. 32600141

prepared by C onsultant 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. C onsultant shall deliver to the C ity the studies, plans, specifications, or other documents as are identified in the Scope of Services or Task Order ; and Consultant shall, upon completion of all work or termination of this Agreement, submit to the City all information developed in the course of the Consultant 's services. Consultant shall, in such time and in such form as the C ity may require, furnish reports concerning the status of Services required under this Agreement. Consultant shall, upon request by C ity 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.

Consultant may be granted access to infor mation 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 C onsultant to perform its obligations pursuant to this Agreement. If C onsultant is granted such access to confidential information, Consultant shall not be considered to be a member of the public as that term is used in Government Code Section 7920.515.

Page 8 of 35 ends

274
Agreement No. 32600141

Consultant has had access during the term of this Agreement without the prior written approval of the C ity’s Designated Representative during the term of this Agreement and for a period of two (2) years after the termination of this Agreement.

F. N o Warranty. Other than an obligation upon the C ity 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 officers, employees, representatives, and agents (the “City Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and reasonable attorneys’ fees, for any personal injuries, deaths, or property damage, including property owned by the City (collectively “Claims”) which may arise out of Consultant's negligence or willful misconduct in the performance of the services described in this Agreement, unless such Claims are proven to be caused by the negligence or willful misconduct of the City Indemnitees.

Page 9 of 35 ends

275
Agreement No. 32600141

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

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

Page 10 of 35 ends

276
Agreement No. 32600141

“Exhibit C”. Maintenance of insurance coverages by Consultant is a material element of this Agreement. C onsultant’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, C onsultant 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. P
REVAILING 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. T o determine if this Agreement is subject to compliance monitoring and enforcement, go to:
https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html B. It is unlawful to split, or separate into small portions, work orders, projects, purchases, or public works projects for the purpose of evading these prevailing wage requirements.

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

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

Page 11 of 35 ends

277
Agreement No. 32600141

described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.

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

All subcontractors shall be identified in the Scope of Work or Task Order attached to this Agreement as “Exhibit A”. Consultant is fully responsible for satisfactory completion of all its subcontractors’ work. All subcontractors shall be properly licensed and insured; and bonded, if applicable. Consultant shall be responsible for all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with subcontractors performance pursuant to this Agreement or subcontractors failure to comply with any of its obligations in connection with this Agreement.

29. CONFLICT OF INTEREST. Consultant covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Consultant’s Services under this Agreement. Consultant further covenants that in the performance of Services under this Agreement, no officer, employee or agent of Consultant having such interest shall be employed by it. In the event the C ity 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 C ity’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 C onsultant requests mediation within ten (10) calendar days.

Pending final decision of a dispute, the C onsultant shall proceed diligently with the

Page 12 of 35 ends

278
Agreement No. 32600141

performance of the Agreement and in accordance with the decision of the C ity’s Designated Representative.

31. DISPUTE RESOLUTION. Should an unresolved dispute arise out of this Agreement, any Party may request that it be submitted to mediation. The Parties shall meet in mediation within a reasonable time not to exceed forty five (45) days of a request. The mediator shall be agreed to by the mediating Parties. In the absence of an Agreement on a mediator, the Parties shall each submit one name from mediators listed by the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed- upon service. The mediator shall be selected by a “blindfold” process. The cost of mediation shall be borne equally by both Parties.

Neither Party shall be deemed the prevailing Party. No Party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until Agreement is reached by the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.

32. ASSIGNMENT. This Agreement is for the professional Services of C onsultant. 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 C onsultant discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by the C ity, Consultant shall immediately inform the C ity of such fact and shall not provide any Services, except at C onsultant’s risk, until written instructions are received from the Project Manager.

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

Page 13 of 35 ends

279
Agreement No. 32600141

Agreement. Consultant will promptly furnish all documents requested by C ity.

Additionally, if this Agreement is in excess of $10,000, the State Auditor may examin e and audit Consultant for a period of 3 years after final payment under the Agreement.

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.

Page 14 of 35 ends

280
Agreement No. 32600141

Page 15 of 35 ends

281
Agreement No. 32600141

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.

[Signatures on next page]

Page 16 of 35 ends

282
Agreement No. 32600141

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 T.Y. LIN INTERNATIONAL

☐Luis A. Mc Arthur, Mayor 2 Date Nat Oppenheimer, Date ☐Jennifer Hiraoka, Purchasing Manager 3 Vice President

William Harnagel, CFO,43 Date

ATTEST:

Lourdes A. López, City Clerk Date
(only if Mayor authorizes)

APPROVED AS TO FORM:

Stephen M. Fischer, Date
City Attorney (always required)

2 The City Council must authorize and the Mayor must execute any agreement over $220,000. 3 The Purchasing Agent may execute any authorized agreement up to $220,000. 4 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-l evel managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

Page 17 of 35 ends

283
Agreement No. 32600141

EXHIBIT A

PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and T.Y. Lin International)

SCOPE OF SERVICES

PROJECT MANAGER:

Name: Petros Gazazyan
Phone: (805) 509-9110
Email: [email protected]

General Scope of Work:

Consultant shall, in the performance of this Agreement, maintain close communications with the City Project Manager or his/her representative. No services will be performed on

Page 18 of 35 ends

284
Agreement No. 32600141

any specific project until the City has issued a signed Task Order to the Consultant for that particular project.

Work Tasks:

Upon request by City, Consultant shall perform the following tasks for needed improvements to municipal infrastructure facilities, as applicable for individual projects:

SCHEMATIC DESIGN:

DESIGN DEVELOPMENT:

CONSTRUCTION DOCUMENTS:

CONSTRUCTION ADMINISTRATION:

Page 19 of 35 ends

285
Agreement No. 32600141

Projects under this Agreement may involve one or more of the following Municipal Infrastructure Improvements:

Individual Project Task Order:

Proposals will contain the names and titles of FIRM’S personnel assigned to perform the work and specifically identify the individual who will be the Project Manager.

Page 20 of 35 ends

286
Agreement No. 32600141

Page 21 of 35 ends

287
Agreement No. 32600141

EXHIBIT B

PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and T.Y. Lin International)

SCHEDULE OF COMPENSATION

Page 22 of 35 ends

288
Agreement No. 32600141

EXHIBIT C

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and T.Y. Lin International)

INSURANCE REQUIREMENTS

[SEE NEXT PAGES]

Page 23 of 35 ends

289
Agreement No. 32600141

Page 24 of 35 ends

290
Agreement No. 32600141

Page 25 of 35 ends

291
Agreement No. 32600141

Page 26 of 35 ends

292
Agreement No. 32600141

Page 27 of 35 ends

293
Agreement No. 32600141

Page 28 of 35 ends

294
Agreement No. 32600141

EXHIBIT D

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and T.Y. Lin International)

[RESERVED]

Page 29 of 35 ends

295
Agreement No. 32600141

EXHIBIT E

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and T.Y. Lin International)

LIVING WAGE POLICY

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 30 of 35 ends

296
Agreement No. 32600141

CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2025

Page 31 of 35 ends

297
Agreement No. 32600141

EXHIBIT F

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and T.Y. Lin International)

PREVAILING WAGE

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

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

Page 32 of 35 ends

298
Agreement No. 32600141

verified statement of the journey man and apprentice hours performed under this Agreement.

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

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

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

Page 33 of 35 ends

299
Agreement No. 32600141

Page 34 of 35 ends

300
Agreement No. 32600141

EXHIBIT G

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and T.Y. Lin International)

IRAN CONTRACTING CERTIFICATION

Page 35 of 35 ends

301

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.9

DATE: November 3, 2025

TO: City Council

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

SUBJECT: Agreement 32600133 with BKF Engineers for a City Master Plan of Drainage.

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute an Agreement with BKF Engineers for a term of one year from November 4, 2025, to November 3, 2026, with the option to extend one year ending November 3, 2027, for a total contract amount not to exceed $629,950.00 for the development of a City Master Plan of Drainage for the Engineering Division.

(Public Works and Transportation Committee approved 3-0 on October 14, 2025)

BACKGROUND

A City Master Plan of Drainage (MPD) is necessary to systematically address urban flooding, protect property and infrastructure, prevent water pollution, ensure public safety, and plan for sustainable urban development by identifying drainage system deficiencies and creating a plan for improvements, repairs, and upgrades to the City of Oxnard’s stormwater infrastructure. The last MPD was completed 22 years ago in 2003. Significant changes in land use and new development projects have taken place since 2003 and the original hydrology and hydraulic modeling is now outdated; a new MPD is necessary to properly account for new impervious surfaces and infrastructure.

The Project scope is to develop a detailed and comprehensive MPD that will be used as the basis for future improvements. It is intended that the development of the MPD will include field verification of existing conditions, consider regulatory compliance, and prioritize future stormwater conveyance improvements. Additionally, the updated MPD will continue to include prior stormwater drainage improvement recommendations from previous drainage master plans for existing neighborhoods that have previously identified drainage issues due to development. The primary objective of the MPD is to identify sustainable, cost-effective, and environmentally friendly strategies and technologies that meet the City of Oxnard’s current and future stormwater system requirements.

Capital Improvement Program (CIP) Reference:

Project No. C2406 – Storm Drain Improvements Citywide Project - CIP 2025-2029 - Adopted June 4, 2024 – Page 122.

DISCUSSION

On April 2, 2025, the Purchasing Department released a Request for Proposal (RFP) PW 25-110 for the development of a MPD. The RFP was directly sent to three potential firms and published on www.PublicPurchase.com as well as the City’s Purchasing website. The solicitation closed on May 21, 2025, and four proposals were received.

An evaluation team consisting of Wastewater and Engineering staff (Assistant Public Works Director, Wastewater Division Manager, and Senior Project Manager) reviewed the proposals and determined BKF Engineers to be qualified based on comprehensive scoring criteria, including company profile, assigned staff, experience, approach and overall 302
responsiveness. Additionally, BKF Engineers meets all required City contractual provisions, including possession of a City business tax certificate, insurance certificates, and corporate filing with the California Secretary of State.

Selecting BKF Engineers to develop the MPD for Public Works is an excellent choice due to their extensive experience in developing MPD’s not only in California but across the country. Their broad expertise in stormwater management ensures they bring a wealth of knowledge and innovative solutions to the table. This proven track record of expertise makes BKF Engineers a good fit for developing a comprehensive and effective MPD. The work involved in this project is highly specialized and requires technical expertise beyond the capabilities of City staff. Hiring a consultant with the appropriate knowledge and experience will ensure successful project completion.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

The total cost for this Agreement with BKF Engineers shall not exceed $629,950. over the one-year term, with a one-year extension option, for developing a City Master Plan of Drainage. Funding for this Agreement has been programmed in the Storm Drain Improvements Citywide Project (C2406) from the Storm Drain Facility Fee Fund (Fund 350, subfund 8030).

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 3-0 on October 14, 2025 to approve the staff recommendation and to forward the item for Council approval.

Please click here to view the Measure M pre-recorded presentation video.

Please click here to view the October 14, 2025 Public Works and Transportation Committee Meeting recording.

Prepared by: Timothy Beaman, Assistant Public Works Director, Morgan Kessler, City Engineer

ATTACHMENTS

1. Agreement 32600133

303
PROFES

SIONAL SERVICES AGREEMENT

BETWEEN

THE CITY OF OXNARD AND BKF ENGINEERS
B
y This Professional Services Agreement (“Agreement”), the City of Oxnard (“City”) agrees to engage the Services of BKF Engineers (“Consultant”), and Consultant agrees to perform the Services for City as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. City and Consultant may be individually referred to as “Party” or collectively as the “Parties.”

1. [I
NTENTIONALLY OMITTED]

2. SUM
MARY DESCRIPTION OF SERVICES.

This Agreement is for Professional Engineering Services for Storm Drainage System Master Plan

3. PA
RTIES.

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

B
KF Engineering, a corporation of the State of California, located at 4765 MacArthur Court, Suite 400, Newport Beach, California 92660

4. T
ERM OF AGREEMENT: From: November 4, 2025 To: November 3, 2026 A. Ti
me is of the essence in this Agreement
B. The City shall have the option to exercise (1) consecutive (1) one-year term extensions, in accordance with the scope of work and terms and conditions of this Agreement. Any price negotiations, if allowed, shall be negotiated at the time of contract extension.

C. This Agreement shall not exceed a total of two (2) years (including the initial term and any options to extend). The City in its sole discretion may exercise the option terms upon sixty (60) days written notice to the Consultant (or any other time if the parties so agree) in accordance with Section 12 of this Agreement. The option term shall be commenced by an amendment to this agreement.

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

Agreement No. 32600133

Page 1 of 40 ends

304

5. AGREEMENT AMOUNT NOT TO EXCEED: $ 629,950.00

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

Ex
hibit A: Scope of Services
Exhibit B: Schedule of Compensation
Exhibit C: Insurance Requirements: City Insurance Exhibit INS-A Exhibit D: [RESERVED]
Exhibit E: Living Wage Policy
Exhibit F: Prevailing Wage Policy

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

City Designated Representative
Name: Morgan Kessler, P.E.

Title: City Engineer
Phone: 805-385-7820
Email: [email protected]
Address: 305 West Third Street,
East Wing, Second Floor
Oxnard, CA 93030
Consultant Designated Representative
Name: Roger Chung, P.E.

Title: Project Executive
Phone: 949-526-8457
Email: [email protected]
Address: 4765 MacArthur Court, Suite
400, Newport Beach, California 92660

8. CO
NTRACTUAL PREREQUISITES. 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. C
onsultant is advised that any recommendation for Agreement award is not binding on City until the Agreement is fully executed and approved by City.

Agreement No. 32600133

Page 2 of 40 ends

305
B. A r
equest 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.

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.

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.

Agreement No. 32600133

Page 3 of 40 ends

306
A. Pay
ment 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] and cc:
[email protected]
B. Consultant’s acceptance of final payment made pursuant to this Agreement shall constitute a release of City from all claims and liabilities for compensation to Consultant for anything completed, finished or relating to the Services. City’s payment shall not constitute nor be deemed a release of the responsibility and liability of Consultant for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by City for any defect or error in the Services performed by Consultant and its employees, agents and subcontracted Consultants.

C. Consultant shall provide City with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the Services performed by Consultant or materials or products provided to City by Consultant, Consultant shall pay the sales tax. City shall not reimburse Consultant for sales taxes paid by Consultant.

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

13. MODIFICATION OF AGREEMENT. This Agreement may be amended, modified, or otherwise altered, or its provisions waived, only upon mutual consent of the Parties Agreement No. 32600133

Page 4 of 40 ends

307
by w
ritten amendment. The City may request that the Consultant perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper completion of the project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. 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 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 Agreement No. 32600133

Page 5 of 40 ends

308
Ret
irement System benefits, and health, life, dental, long-term disability and workers’ compensation insurance benefits. Consultant shall not, at any time or in any manner, represent that it or any of its agents, subconsultants, or employees are in any manner agents, subconsultants, or employees of City.

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

18. SAFETY REQUIREMENTS. Consultant shall not perform any Services for the City when the Consultant is impaired by alcohol or a controlled substance. When there is reasonable cause to believe that any person has violated this provision, that person shall be immediately removed from the premises and be subject to any applicable civil and/or criminal penalties under the City’s Code and/or under state law. All work performed under this Agreement shall be performed in such a manner as to provide safety to the public. The City reserves the right to issue restraining or cease and desist orders to Consultant when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The acceptance of 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
Agreement No. 32600133

Page 6 of 40 ends

309
(4)
Fully understands the facilities, difficulties and restrictions associated with performance of the services required by this Agreement.

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

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.

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 Agreement No. 32600133

Page 7 of 40 ends

310
obli
gations pursuant to this Agreement. If Consultant is granted such access to confidential information, Consultant shall not be considered to be a member of the public as that term is used in Government Code Section 7920.515.

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

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

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.

Agreement No. 32600133

Page 8 of 40 ends

311

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

A. The provisions of this Subsection apply only in the event that Consultant is a design professional within the meaning of California Civil Code section 2782.8 (“Design Professional”). The term Design Professional, as defined in said section, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in 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 Agreement No. 32600133

Page 9 of 40 ends

312
ins
urance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein.

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 Agreement No. 32600133

Page 10 of 40 ends

313
B. It
is unlawful to split, or separate into small portions, work orders, projects, purchases, or public works projects for the purpose of evading these prevailing wage requirements.

27. [RESERVED]

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.

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) Agreement No. 32600133

Page 11 of 40 ends

314
cal
endar 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.

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.

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.

Agreement No. 32600133

Page 12 of 40 ends

315

35. AUDI
T. City shall have the option of inspecting, auditing and/or reproducing all records and other written materials used by Consultant in preparing its billings to City as a condition precedent to any payment to Consultant, or for other purposes relating to the Agreement. Consultant will promptly furnish all documents requested by City. Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit Consultant for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, Consultant shall maintain and preserve all such records for a period of at least 3 years after final payment under the Agreement or until an audit has been completed and accepted by City, whichever occurs later. Consultant shall maintain all such records in City or to promptly reimburse City for all reasonable costs incurred in conducting the audit at a location other than in City, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. Consultant shall include a copy of this Section in all contracts with its subcontractors, and Consultant shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or City.

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.

Page 13 of 40 ends

316
condi
tion contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.

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

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

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

Page 14 of 40 ends

317
thi
s Agreement is in the physical possession of the Party seeking enforcement thereof.

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

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]

Agreement No. 32600133

Page 15 of 40 ends

318
IN W
ITNESS 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 BKF ENGINEERS

☐Luis A. Mc Arthur, Mayor1 Date Greg Hurd, CEO Date ☐Jennifer Hiraoka, Purchasing Manager2

Jean Chen, CFO 3 Date

ATTEST:

Lourdes A. López, City Clerk Date
(only if Mayor authorizes)

APPROVED AS TO FORM:

Stephen M. Fischer, Date
City Attorney (always required)

1 The City Council must authorize and the Mayor must execute any agreement over $220,000. 2 The Purchasing Agent may execute any authorized agreement up to $220,000. 3 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-level managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

Agreement No. 32600133

Page 16 of 40 ends

319

EXHIBIT A

PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and BKF Engineers)

SCOPE OF SERVICES

PROJECT MANAGER: KJ May / 805-393-3871 / [email protected]

Licensing and Professional Certification

Required:

State of California Professional Engineer

General Specifications
The Consultant shall furnish all necessary labor, materials, equipment, and other incidental and appurtenant work to provide Professional Engineering Services for the Storm Drainage System Master Plan for the City of Oxnard.

The Scope of Work involves consulting and project management related to the following tasks and deliverables:

Task 1 - Project Management
Consultant shall conduct a project kickoff meeting to coordinate the review and transfer of information between Consultant, City Staff, Ventura Public Works, and others. In addition, this task provides attendance of Consultant’s Project Manager and appropriate support staff at the kickoff meeting and monthly status meetings with City staff to discuss preliminary findings and the Master Plan report. A project schedule shall be provided at the start of the project. Schedule updates will then be provided upon completion of specific milestones and/or when changes in the project schedule have occurred during project progression. Consultant will prepare monthly progress reports on the project. Up to eight routine virtual meetings will be held to discuss project issues and progress throughout the life of the project. Consultant will prepare meeting agendas and meeting minutes. Additionally, the Consultant will need to be available to attend two public meetings to present the Final Storm Drainage System Master Plan.

All work products will be reviewed by a Principal Engineer and his/her comments will be addressed prior to delivery of the work product to the City. The Consultant will provide active management of the project to ensure the project remains on- schedule and on- Agreement No. 32600133

Page 17 of 40 ends

320
budget. S
chedule updates shall be provided upon completion of specific milestones and/or when changes in the project schedule have occurred during the project.

Deliverables:
● Meeting minutes, agendas, handouts, minutes, monthly invoices, and certified payroll
● Updated project schedules at kick-off meeting
● Monthly updated project schedule
● Monthly progress status reports

Task 2 - Data Collection
The Consultant shall gather and review available Flood Insurance Studies and Federal Emergency Management Agency (FEMA) floodplain mapping, local hazard mitigation planning information and local and regional sea level rise and flood information. There are many sea level rise forecasts with wide -ranging estimates of sea level rise for the year 2100. The Consultant will summarize up to six recent/relevant forecasts of sea level rise through the year 2100. With City input, the Consultant will gather stormwater system history, operations, and maintenance issues, and any historical “hotspots” in the City.

The Consultant will select an appropriate sea level rise value for use in developing the City-wide modeling (“hotspots” will be used as calibration for the hydrology and hydraulic models, if applicable). The Consultant will meet with the Community Devel opment Department’s Planning Division to understand the latest General Plan, Specific Plans, and any future development to confirm that the SDMP is aligned and the document reflects the most accurate information available. Also, LiDAR topographic mapping d ata will be collected by the Consultant and Subcontractor MNS and processed for use in this study, as necessary.

General data collection activities shall include the following, but not limited to:

● City of Oxnard Master Plan of Drainage, October 2023
● Ventura Countywide Stormwater Quality Management Program, September 2023, Updated August 2024
● City of Oxnard Public Works Integrated Master Plan Executive Summary Report, September 2017
● Latest adopted General Plan, Specific Plans, Land Use Element ● FEMA Flood Insurance Rate Maps (FIRM) and Flood Insurance Study (FIS)
● Maintenance records for the last 10 years
● GIS files of storm drain network and topographic map
● As-built drawings needed to update GIS
● Up to six sea level rise forecasts through Year 2100

Lidar Topographic Mapping shall include the following:

Agreement No. 32600133

Page 18 of 40 ends

321
● Aer
ial LiDAR survey of current city limits
● GPS control, including 20 aerial targets and 10 checkpoints ● Establish control on NAD83 horizontal and NAVD88 vertical datum ● Orthophoto Imagery deliverable @ 0.35’ (10cm GSD) pixel resolution ● Point cloud processing and classification of ground extracted data ● Mapping at 1” = 40’ scale
● DTM deliverable – Ground surface terrain model generation with contours at 1’ intervals (does not include geometric linework, utility identification, or underground utility location services) Deliverables:
● Summary of Data Collection Memo
● All Electronic Data/Information
● Ground surface terrain model generation with contours at 1’ intervals

Task 3 - Existing Storm Drainage System Mapping
The Consultant shall conduct site visits to critical stormwater facilities to photograph and document important data and facilities, such as culvert inlet conditions and pump stations, as well as any known flooding problem areas. To establish ground surface elevations, the Consultant will use the available LiDAR topographic mapping. To establish pipe invert elevations, depths from manholes and drain inlet rims to inverts will be measured. Storm drain sizes will also be verified.

The Consultant shall work with the City to understand the existing maintenance hole and drain inlet numbering/naming procedure or to develop a new naming/numbering procedure for new data points. The City's existing storm drain system Geographic Information System (GIS) and any CAD files of recent improvements will be reviewed to allow for an update of the GIS database. The Consultant will confirm pipe sizes, diameters and connections through field surveys and enter the data into the GIS database.

Data to be captured in the GIS database includes:

● Maintenance hole rim and invert elevations
● Drain inlet grate or gutter elevation and inverts
● Pipe or culvert upstream and downstream structure names, upstream and downstream invert elevations, types (pipe, box culvert, etc.), size, and material.
● Open channel upstream and downstream structure names, invert elevations, bottom width, depth, side slopes, and Manning's n values.
● GIS data collection to include photos and applicable pipe elevations

Agreement No. 32600133

Page 19 of 40 ends

322
Ci
ty staff will arrange access onto all private property for the site visits. Traffic control in public right-of-way if needed will be provided by the consultant. Site visit notes will be documented digitally by the consultant.

Deliverables:
● Summary of Existing Storm Drainage System Mapping and Support Documentation.
● Base map in AutoCAD, Civil3D, and GIS database format

Task 4 - Develop Performance, Design, and Prioritization Criteria The Consultant shall review and summarize the City's and County’s storm drainage design criteria. For comparison the Consultant will also provide a summary of design criteria for up to three other local agencies. In collaboration with the City, the Consult ant will identify the appropriate performance, design, and prioritization criteria to be used in evaluating the City’s storm drainage system and sizing new improvements. Prioritization will take into consideration cost to property damages, danger to lives, anticipated Safe Clean Water Program (SCWP) scoring opportunities, such as wet -/dry-weather water quality benefits, water supply benefits, community investment benefits, nature- based solutions, leveraged funds, and community support. Three levels of projects will be developed. Priority A projects will be considered as operational upgrades where flooding has been noted in past storm events. Priority B projects will be projects where deficiencies have been noted in the physical condition of the existing system. Priority C projects will include those projects where only hydraulic capacity has shown to be deficient. The prioritization process will be used to develop the short-term (5-year), mid- term (10-year), and long- term (20-year) capital improvement projects. Different criteria may be used for evaluating the existing storm drain system than for designing new improvements.

Deliverables:
● Summary of Performance, Design, and Prioritization Criteria Memo

Task 5 - Model Development and Existing Conditions Evaluation The Consultant will prepare XP -SWMM Computer Models of the watersheds located within the City Limits. The Consultant will model watersheds tributary to upstream inlets and downstream junctions, and along the main storm drain line. The watershed hydrology maps will be u pdated on the review of existing watershed models. The Consultant will determine new subarea boundaries and evaluate changes to the drainage boundaries based on the review of existing documents and the field reconnaissance performed in Task 3. The general approach will be to evaluate the City’s drainage systems, include only the trunk systems equal to or greater than 18” in diameter, with channel, underground conduit, and street flow capacities being calculated in accordance with nodes identified on the Hydrology Map. The Consultant will divide the City into 200 sub-watersheds, each sub-watershed is about 10 acres of tributary area. For each sub- watershed, the Consultant will determine from the GIS mapping the average slope, impervious coverage, and overland flow length. The Consultant
Agreement No. 32600133

Page 20 of 40 ends

323
In c
ollaboration with the City, the Consultant shall identify an appropriate distribution of annual rainfall and assign rainfall amounts to each sub-watershed. Peak runoff rates will be developed for a 10-year and 100-year storm event for about 10 different land uses and sub-watershed sizes using the Rational Method and data from Public Works.

The Consultant will then develop a model of the storm drain system, equal to or greater than 18 inches in diameter, that is sufficient for evaluating existing conditions and planning the required improvements, based on the hydrology and the City’s GIS database. The storm drain evaluation will apply appropriate hydraulic grade line computation based on conveyance geometry, slope, the computed flow rates, tailwater conditions, and the City’s drainage conveyance criteria. The computer models will be structured to compute flow rates at significant points along existing drainage systems to determine 10-year, 24-hour, and 100-year, 245-hour peak flow rates.

The criteria used for determining system capacity and deficiencies will include:
● 10-year capacity for non-sump condition storm drains; ● 100-year capacity for sump condition storm drains; and ● Flooding depth greater than 6”
The Consultant will work with the City Engineering staff to obtain the concurrence for the implementation of the above criteria or any other modifications as deemed necessary for the preparation of the Master Plan. In instances where tailwater effects in regional facilities are anticipated, tailwater elevations will be obtained from the various data and information collected. Drainage facilities that demonstrate an inability to convey the computed peak flow rates in accordance with City criteria will be designated as deficient.

The Consultant will also evaluate the existing catch basin capacities using catch basin nomography to identify deficiencies due to the catch basin limitations.

Where flooding i s predicted, the Consultant will add street system conveyance to the model to allow an accurate evaluation of flood water depths and flow rates.

The Consultant shall delineate flooding deeper than 6 inches for both storm events and prepare tables presenting the flooding depth at each model node (maintenance hole or drain inlet), the peak flow and velocity in each pipe, and the peak flow depth and velocity in each street. The Consultant will also calculate the Flood Hazard for each street and open channel. The Consultant will develop figures that show where design criteria are violated for each model node or link (pipe, street, or channel).

Deliverables:
● Summary of Model Development and Existing Conditions Evaluation Memo
Agreement No. 32600133

Page 21 of 40 ends

324

Task 6
- Recommended Stormwater Conveyance Improvements
The Consultant shall identify a suite of conceptual projects to achieve the agreed upon design criteria. Upon identification of existing storm drain deficiencies within the study area, further hydraulic analyses will be performed to determine proposed solutions.

Analyses to determine proposed solutions will use normal depth methodology or other methods, such as WSPG modeling or friction loss calculations, in order to account for tailwater effects on the facility. The Consultant will evaluate storm drain deficiency in accordance with the criteria developed in Task 4. Use the model to size and evaluate improvements needed to achieve the agreed upon design criteria. The Consultant will then prepare figures conceptually illustrating the improvement alignments. The projects will be prioritized based on agreed upon prioritization criteria. Construction/capital cost estimates will be provided for each improvement.

Deliverables:
● Summary of Recommended Stormwater Conveyance
Improvements, Prioritization, and Cost Estimates Memo

Task 7 - Regulatory Compliance Assessment and Recommendations The Consultant shall review all MS4 and other applicable local, state, and federal stormwater regulatory requirements, and evaluate the City’s current NPDES program, including the WMP, Stormwater Management Minimum Control Measures, and applicable TMDLs compliance level. The Consultant will assess and determine the modifications and updates, if any, necessary for the City to comply with the requirements set forth in the 2021 MS4 Permit and other relevant local, state, and federal stormwater regulations in relation to the Storm Drain Master Plan. Provide a summary of findings and how the regulation(s) may impact the storm drainage system in the future and provide recommendations for meeting non-compliant items, if any.

Deliverables:
● Summary of Regulatory Compliance Assessment and
Recommendations Technical Memo
Task 8 - Draft and Final Storm Drainage System Master Plan Upon the City’s approval of the draft Table of Contents (includes both headings and subheadings for each section) submitted for review by the Consultant, the Consultant will prepare the draft Master Plan Report. The draft report will include an executive summary that will state the key findings of the study, the assumptions, maps, conclusions, and recommendations from previous tasks. All summaries prepared during development of the report will be included in the report either as separate chapters or technical appendices. The content of the report will represent a 90%-level submittal in that final City comments, edits, or recommended additions to the report will be forthcoming upon completion of the report’s review by the City.

Agreement No. 32600133

Page 22 of 40 ends

325
Prepar
e a detailed Master Plan (Report), including chapters such as:
● Executive Summary
● Introduction, Project Purpose and Goals
● Summary of Relevant Prior Studies and Data
● Data Collection and Mapping
● Establishment of Performance, Design, and Prioritization Criteria ● Model Development and Existing Conditions Evaluation
● Recommended Stormwater Conveyance Improvements, Prioritization, and Cost Estimates
● Regulatory Compliance Assessment and Recommendations
● Conclusions and Recommendations

The Executive Summary should be written for the general public's use. The Executive Summary will be a "stand-alone" document.

Deliverables:
● Draft Storm Drainage System Master Plan in PDF format and MS Word
● Final Storm Drainage System Master Plan in PDF format and MS Word

USE OF SUBCONSULTANTS
The prime Consultant shall identify subconsultants for a particular task order to be approved by the City. Certifications, licensing, insurance, and required documentation for a subconsultant shall be the responsibility of the prime Consultant.

Agreement No. 32600133

Page 23 of 40 ends

326
EX

HIBIT B
PROFES

SIONAL SERVICE AGREEMENT
(CITY of Oxnard and BKF Engineers)

SCHEDUL

E OF COMPENSATION
Agreement No. 32600133

Page 24 of 40 ends

327
City of Oxnard, Professional Engineering Services for
Storm Drainage System Master Plan FEE-01
Subtotal Hours
Subtotal Cost
Principal Engineer
Staff Engineer
Project Coordinator
Subtotal Hours
Subtotal Cost
Principal Surveyor
Assistant Project Surveyor
Party Chief
Chain Person
Subtotal Hours
Subtotal Cost
Rate $287 $278 $273 $233 $205 $179 $128 $327 $285 $250 $210 $150 $139 $295 $170 $200 $170 8 80 20 108 $27,096 6 2 2 3 13 $2,847 0 $0 121
Task 1 Subtotal Hours 8 80 0 0 0 0 20 108 0 6 0 2 2 3 13 0 0 0 0 0 121 Task 1 Subtotal ($) $2,296 $22,240 $0 $0 $0 $0 $2,560 $27,096 $0 $1,710 $0 $420 $300 $417 $2,847 $0 $0 $0 $0 $0 $29,943 Task 2.1 Documents and Data Review 2 4 8 16 24 80 8 142 $27,862 8 16 24 $5,360 0 $3,600 166 $36,822 Task 2.2 lIdar Topographic Mapping 1 8 8 17 $4,375 0 $0 16 40 44 40 140 $27,120 157 $31,495 Task 2.3 Interview with City Staff 1 10 10 21 $5,397 8 8 16 $4,280 0 $2,400 37 $12,077 Task 2.4 Community Development Requirements 1 10 10 21 $5,397 8 8 16 $4,280 0 $2,400 37 $12,077 Task 2 Subtotal Hours 5 32 8 44 24 80 8 201 0 16 24 16 0 0 56 16 40 44 40 140 397 Task 2 Subtotal ($) $1,435 $8,896 $2,184 $10,252 $4,920 $14,320 $1,024 $43,031 $0 $4,560 $6,000 $3,360 $0 $0 $13,920 $4,720 $6,800 $8,800 $6,800 $27,120 $84,071 2 8 24 16 80 80 210 $43,798 0 $0 40 120 88 80 328 $63,400 538 $107,198 Task 3 Subtotal Hours 2 8 24 16 80 80 0 210 0 0 0 0 0 0 0 40 120 88 80 328 538 Task 3 Subtotal ($) $574 $2,224 $6,552 $3,728 $16,400 $14,320 $0 $43,798 $0 $0 $0 $0 $0 $0 $0 $11,800 $20,400 $17,600 $13,600 $63,400 $107,198 4 16 24 44 $12,148 6 44 $12,148
Task 4 Subtotal Hours 4 16 24 0 0 0 0 44 0 6 0 0 0 0 6 0 0 0 0 0 50 Task 4 Subtotal ($) $1,148 $4,448 $6,552 $0 $0 $0 $0 $12,148 $0 $1,710 $0 $0 $0 $0 1,710$ $0 $0 $0 $0 $0 $13,858 Task 5.1 Hydrologic Model 1 16 40 80 120 120 377 $80,375 $80,375 Task 5.2 Hydraulic Model 1 8 24 80 200 60 373 $79,443 $79,443 Task 5 Subtotal Hours 2 24 64 160 320 180 0 750 0 0 0 0 0 0 0 0 0 0 0 0 750 Task 5 Subtotal ($) $574 $6,672 $17,472 $37,280 $65,600 $32,220 $0 $159,818 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $159,818 4 8 32 40 50 80 214 $45,998 4 12 16 96 36 16 180 $36,512 394 $82,510 Task 6 Subtotal Hours 4 8 32 40 50 80 0 214 4 12 16 96 36 16 180 0 0 0 0 394 Task 6 Subtotal ($) $1,148 $2,224 $8,736 $9,320 $10,250 $14,320 $0 $45,998 $1,308 $3,420 $4,000 $20,160 $5,400 $2,224 $36,512 $0 $0 $0 $0 $0 $82,510 1 8 8 17 $4,695 16 20 40 80 156 $29,960 173 $34,655
Task 7 Subtotal Hours 1 8 8 0 0 0 0 17 0 16 20 40 80 0 156 0 0 0 0 0 173 Task 7 Subtotal ($) $287 $2,224 $2,184 $0 $0 $0 $0 $4,695 $0 $4,560 $5,000 $8,400 $12,000 $0 $29,960 $0 $0 $0 $0 $0 $34,655 Task 8.1 Draft SDMP 2 24 30 40 60 60 12 228 $49,332 8 20 28 $7,280 256 $56,612 Task 8.2 Final SDMP 2 8 10 24 20 12 4 80 $17,880 4 8 12 $3,140 92 $21,020 Task 8 Subtotal Hours 4 32 40 64 80 72 16 308 0 12 28 0 0 0 40 0 0 0 0 0 348 Task 8 Subtotal ($) $1,148 $8,896 $10,920 $14,912 $16,400 $12,888 $2,048 $67,212 $0 $3,420 $7,000 $0 $0 $0 $10,420 $0 $0 $0 $0 $0 $77,632 Total Hours 30 208 200 324 554 492 44 1,852 4 68 88 154 118 19 451 56 160 132 120 468 2,771 Total Dollars 8,610 $ 57,824 $ 54,600 $ 75,492 $ 113,570 $ 88,068 $ 5,632 $ $403,796 1,308 $ 19,380 $ 22,000 $ 32,340 $ 17,700 $ 2,641 $ $95,369 16,520 $ 27,200 $ 26,400 $ 20,400 $ 90,520$ 589,685$ LiDar Aerial Services $37,015 $37,015
Total Reimbursable(s) $2,500 $750 $3,250
GRAND TOTAL $406,296 $96,119 $127,535 629,950$
Total Cost
Total Hours
Senior Project Engineer
Project Engineer
Technical Manager
TASK 3
TASK 2

CWE MNS
Task
Senior Project Assistant
TASK 1 Project Management
Design Engineer
Principal
Project Manager
Technical Manager
BKF Engineers
Project Executive
Senior Project Manager
TASKS 8 Draft and Final Storm Drainage System Master Plan Data Collection
TASKS 7
TASK 4 Develop Performance, Design and Prioritization Criteria TASK 5 Model Development and Existing Conditions Evaluation Regulatory Compliance Assessment and Recommendations
Existing Storm Drainage System Mapping
TASK 6 Recommended Stormwater Conveyance Improvements

Page 25 of 40 ends

328

COST PROPOSAL
City of Oxnard, Professional Engineering Services for
Storm Drainage System Master Plan
FEE-02

BKF ENGINEERS PROFESSIONAL SERVICES RATE SCHEDULE

CLASSIFICATION HOURLY RATE

PROJECT MANAGEMENT
Principal in Charge $317.00
Senior Project Executive $294.00
Project Executive $287.00
Senior Project Manager | Senior Technical Manager $278.00 Project Manager | Technical Manager $273.00
Engineering Manager | Surveying Manager | Planning Manager $251.00

TECHNICAL STAFF
Senior Project Engineer | Senior Project Surveyor | Senior Project Planner
$233.00
Project Engineer | Project Surveyor | Project Planner $205.00 Design Engineer | Staff Surveyor | Staff Planner $179.00 BIM Specialist I, II, III $179.00 - $205.00 - $233.00
Technician I, II, III, IV, V $170.00 - $181.00 - $198.00 - $213.00 - $230.00 Drafter I, II, III, IV $133.00 - $146.00 - $158.00 - $175.00 Engineering Assistant | Surveying Assistant | Planning Assistant $111.00

FIELD SURVEYING
Survey Party Chief $233.00
Instrument Person $200.00
Survey Chainperson $150.00
Utility Locator I, II, III, IV $122.00 - $172.00 - $207.00 - $235.00 Apprentice I, II, III, IV $92.00 - $124.00 - $137.00 - $145.00

CONSTRUCTION ADMINISTRATION
Senior Consultant $305.00
Senior Construction Administrator $266.00
Resident Engineer $197.00
Field Engineer I, II, III, IV $179.00 - $205.00 - $233.00 - $250.00

FUNDING & GRANT MANAGEMENT
Director of Funding Strategies $218.00
Funding Strategies Manager $200.00
Funding/Research Analyst I, II, III, IV $137.00 - $158.00 - $168.00 - $185.00

PROJECT ADMINISTRATION
Project Coordinator $149.00
Senior Project Assistant $128.00
Project Assistant $113.00
Clerical | Administrative Assistant $95.00
Expert witness rates are available upon request. Subject to the terms of a services agreement:
• Charges for outside services, equipment, materials, and facilities not furnished directly by BKF Engineers will be billed as reimbursable expenses at cost plus 10%. Such charges may include, but shall not be limited to: printing
and reproduction services; shipping, delivery, and courier charges; subconsultant fees and expenses; agency fees; insurance; transportation on public carriers; meals and lodging; and consumable materials. • Allowable mileage will be charged at the prevailing IRS rate per mile.

Agreement No. 32600133

Page 26 of 40 ends

329

COST PROPOSAL
City of Oxnard, Professional Engineering Services for
Storm Drainage System Master Plan

CWE - SCHEDULE OF HOURLY RATES
Rate Sheet
Engineer/Scientist Rate/Hour
Principal $327
Project Manager $285
Technical Manager $250
Principal Engineer $210
Staff Engineer $150
Assistant Engineer $121
Support Services
GIS Specialist $149
Project Coordinator $139
Graphic Designer $129
General
Direct Expenses Cost + 10%
Subcontract Services Cost + 10%
Mileage Current IRS Rate
B&W Photocopies (per page) $0.10
Color Photocopies (per page) $0.50
Rates for field equipment, health and safety equipment, and graphical supplies presented upon request.

Agreement No. 32600133

Page 27 of 40 ends

330

COST PROPOSAL
City of Oxnard, Professional Engineering Services for
Storm Drainage System Master Plan FEE-03

MNS - SCHEDULE OF HOURLY RATES

PROJECT/PROGRAM MANAGEMENT
Principal-In-Charge .............................. $375 Senior Project/Program Manager ..... 340
Project/Program Manager ................... 290
Assistant Project/Program Manager 265
Senior Project Coordinator .................. 210
Project Coordinator ................................ 175

ENGINEERING
Principal Engineer ................................. $325 Lead Engineer ........................................... 285 Supervising Engineer ............................. 270
Senior Project Engineer ........................ 245
Project Engineer ...................................... 220 Associate Engineer ................................. 200 Assistant Engineer .................................. 185

SURVEYING
Principal Surveyor ................................. $295 Lead Surveyor ........................................... 285 Supervising Surveyor ............................. 245
Senior Project Surveyor ........................ 220
Project Surveyor ...................................... 195 Associate Project Surveyor .................. 185
Assistant Project Surveyor ................... 170
Party Chief (PW) ....................................... 200 Chainperson (PW) ................................... 170 One-Person Survey Crew (PW) ........... 240

TECHNICAL SUPPORT
CADD Manager ...................................... $210 Supervising Technician ......................... 185
Senior Technician .................................... 175 Engineering Technician ......................... 140

CONSTRUCTION MANAGEMENT
Principal Construction Manager ...... $360
Senior Construction Manager ............ 310
Senior Resident Engineer ..................... 285
Resident Engineer ................................... 275 Structure Representative ...................... 270
Construction Manager .......................... 250
Assistant Resident Engineer ................ 220
Sr. Construction Inspector (PW) ....... 200
Construction Inspector (PW) ............. 188
Office Administrator .............................. 140

PLANNING
Planning Director .................................. $250 City Planner/Planning Manager ......... 230
Principal Planner ...................................... 215 Senior Planner .......................................... 200 Associate Planner .................................... 170 Assistant Planner ..................................... 140 Planning Technician ............................... 120

ADMINISTRATIVE SUPPORT
Senior Management Analyst ............ $210
Management Analyst ............................ 180
IT Technician ............................................. 150 Graphics/Visualization Specialist ....... 160
Administrative Assistant ....................... 110

GOVERNMENT SERVICES
City Engineer .......................................... $280 Deputy City Engineer ............................. 250
Assistant City Engineer ......................... 235
Plan Check Engineer .............................. 195
Permit Engineer ....................................... 185 City Inspector ........................................... 175 Senior City Inspector (PW) ................. 200
City Inspector (PW) ................................. 188 Principal Stormwater Specialist ......... 240
Senior Stormwater Specialist .............. 210
Stormwater Specialist ............................ 180
Stormwater Technician ......................... 160
Building Official ....................................... 275 Senior Building Inspector ..................... 210
Building Inspector ................................... 185 Senior Grant Writer ................................ 200 Grant Writer .............................................. 190 Associate Grant Writer .......................... 170
Assistant Grant Writer ........................... 155

DIRECT EXPENSES
Use of outside consultants as well as copies, blueprints, survey stakes, monuments, computer plots, telephone, travel (out of area) and all similar charges directly connected with the work will be charged at cost. Mileage will be charged at the current federal mileage reimbursement rate.

PREVAILING WAGE RATES
Rates shown with Prevailing Wage “(PW)” annotation are used for field work on projects subject to federal or state prevailing wage law and are subject to increases per DIR.

Rev. 1/21/2025
Agreement No. 32600133

Page 28 of 40 ends

331
EX

HIBIT C
PROFES

SIONAL SERVICES AGREEMENT
(CITY of Oxnard and BKF Engineers)

INSURAN

CE REQUIREMENTS
Pri
or 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.

Agreement No. 32600133

Page 29 of 40 ends

332
Exhibit INS-A
I

NSURANCE REQUIREMENTS FOR CONSULTANTS
(WITH ERRORS AND OMISSIONS REQUIREMENT)

1. C
onsultant 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. C
ommercial General Liability Insurance, including Contrac tual Liability, in an amount not less than $1,000,000 combine d s
ingle limit for bodily injury and property damage for each claimant for general liability with coverage equivalent to Insura nce Services Office Commercial General Liability Coverage (Occurrenc e Form CG 0001). If a general aggregate limit is used, that limit shall apply separately to the project or shall be twice the occurrence amount; b. B
usiness automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodil y injury and property damage for each claimant for automobile liability with coverage equivalent to Insurance Services Office automobile l iability coverage (Occurrence Form CA0001) covering Code No. 1, “any auto;” c. P
rofessional liability/errors and omissio ns insurance appropriate to Consultant’s profession to a minimum coverage of $1,000,000, with neither Consultant nor listed subconsultants having less than $500,000 individually. The professional liabi lity/errors and omissions insurance must be project specific with at least a one year extended reporting period, or longer upon request. d. W
orkers’ compensation insurance in compliance with the laws of the State of California, and employer’s liability insuran ce i
n an amount not less than $1,000,000 per claiman t. Additionally, the workers’ compensation policy shall include a waiver of all rights of subrogation which the insurer may have against the City.

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

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

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

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

7. A
ll insurance standards applicable to Consultant shall also be applicable to Consultant's subconsultants. Consultant agrees to maintain appropriate agreements with subconsultants and to provide proper evidence of coverage upon receipt of a written request from the Risk Manager.
1/
23 Agreement No. 32600133

Page 30 of 40 ends

333

INSTRUCTION FOR SUBMITTING INSURANCE CERTIFICATES AND ENDORSEMENT FORMS

Certificates of Insurance

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

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

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

Endorsement Forms

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

INS-A.doc
Agreement No. 32600133

Page 31 of 40 ends

334

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

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

GENERAL AGGREGATE $1,000,000
PRODUCTS COMP/OP AGG . $1,000,000
PERSONAL & ADV. INJURY $1,000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE (Any one fire) $
MED. EXPENSE (Any one person) $

AUTOMOBILE LIABILITY
[x] ANY AUTO

ALL OWNED AUTOS

SCHEDULED AUTOS

HIRED AUTOS

NON-OWNED AUTOS

GARAGE LIABILITY

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

EXCESS LIABILITY

UMBRELLA FORM

OTHER THAN UMBRELLA
FORM

EACH OCCURRENCE $

AGGREGATE $

WORKERS'

COMPENSATION
AND

EMPLOYERS' LIABILITY

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

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

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

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

CERTIFICATE HOLDER

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

CANCELLATION

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

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

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

AUTHORIZED REPRESENTATIVE

Rev. 1/23 INS-A.doc
Agreement No. 32600133

Page 32 of 40 ends

335

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

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

Insurance Company:

Policy No.:

APPLICABILITY. This insurance pertains to the operations, products and/or tenancy of the named insured under all written agreements and permits in force with the City unless checked here  in which case only the following specific agreements and permits with the City are covered

CITY AGREEMENTS/PERMITS

TYPE OF INSURANCE

GENERAL LIABILITY
 COMMERCIAL GENERAL LIABILITY
 COMPREHENSIVE GENERAL LIABILITY
 OWNERS & CONTRACTORS PROTECTIVE

 Claims Made
Retroactive Date
 Occurrence

OTHER PROVISIONS

COVERAGES
LIABILITY LIMITS IN THOUSANDS $

EACH OCCURRENCE AGGREGATE
 GENERAL
 PRODUCTS/COMPLETED OPERATIONS
 PERSONAL & ADVERTISING INJURY
 FIRE DAMAGE


CLAIMS: Underwriter’s representative for claims pursuant to this insurance.

Name:

Address:

Telephone: ( )
In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsemen t is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:

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

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

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

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

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

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

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

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

ENDORSEMENT HOLDER

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

AUTHORIZED REPRESENTATIVE
 Broker/Agent  Underwriter 

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

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

Rev. 1/23 INS-A.doc
Agreement No. 32600133

Page 33 of 40 ends

336

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

SUBMIT IN DUPLICATE
ENDORSEMENT NO.

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

Insurance Company:

Policy No.:

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

CITY AGREEMENTS/PERMITS

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

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

Name:

Address:

Telephone: ( )

$ per accident, for bodily injury and property damage.

In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, insurance company agrees as follows:

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

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

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

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

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

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

ENDORSEMENT HOLDER

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

AUTHORIZED REPRESENTATIVE
 Broker/Agent  Underwriter 

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

Signature
(original signature required)
Telephone: ( ) Date Signed
Rev. 1/23 INS-A.doc
Agreement No. 32600133

Page 34 of 40 ends

337

EXHIBIT D

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and BKF Engineers)

[RESERVED]

Agreement No. 32600133

Page 35 of 40 ends

338

EXHIBIT E

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and BKF Engineers)

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.

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.

Agreement No. 32600133

Page 36 of 40 ends

339
CIT

Y OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2025

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 $20.06 per hour for each hour that such employee provides Services under this Agreement. This hourly rate shall be adjusted on July 1, 2026, 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.

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.

Agreement No. 32600133

Page 37 of 40 ends

340

EXHIBIT F

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and BKF Engineers)

PREVAILING WAGE

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

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

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

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

Page 38 of 40 ends

341
ver
ified statement of the journeyman and apprentice hours performed under this Agreement.

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

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

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 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, Agreement No. 32600133

Page 39 of 40 ends

342
off
icers, 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 attor neys’ fees and other related costs. All duties of Consultant under this Section shall survive Agreement termination.

Agreement No. 32600133

Page 40 of 40 ends

343

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.10

DATE: November 3, 2025

TO: City Council

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

SUBJECT: City of Oxnard Water Division 2022-2024 Public Health Goals Report.

RECOMMENDATION

That the City Council receive and file the 2022-2024 Public Health Goals Report.

(Public Works and Transportation Committee approved 3-0 on October 14, 2025)

BACKGROUND

The City of Oxnard’s Water Division is governed in its operation, treatment, and delivery of potable and recycled water by Title 22 of the California Code of Regulations (CCR), which sets forth the state standards for drinking water quality, public notification, treatment processes, recycled water reuse, and related requirements. Over 264 water samples, from 37 sample sites, are taken throughout the water distribution system over the course of the year. These samples are used for monthly reports to the State Water Resources Control Board (SWRCB) and for the City’s annual Consumer Confidence Report.

Health & Safety Code §116365(a) requires a contaminant's Maximum Contaminant Level (MCL) to be established at a level as close to its Public Health Goals (PHGs) as is technologically and economically feasible, placing primary emphasis on the protection of public health. MCL is a legally enforceable standard for drinking water quality that defines the highest level of a contaminant permitted in a public water supply without being harmful to public health. This staff report does not deal with MCLs, it deals with the non-enforceable PHGs.

PHGs are established by the Office of Environmental Health Hazard Assessment (OEHHA). PHGs are concentrations of drinking water contaminants that pose no significant health risk if consumed over a lifetime, based on current risk assessment principles, practices, and methods. This determination is made without regard to cost or treatability. The most recent health risk information published by OEHHA is used in this PHG report. Additionally, The State Water Resources Control Board (SWRCB)/ Division of Drinking Water (DDW), uses PHGs in the evaluation of health-related drinking water standards.

The California Health and Safety Code Section 116470(b) requires large water utilities (more than 10,000 service connections) to prepare a brief written report if their water quality measurements have exceeded any Public Health Goal (PHG) in the three previous calendar years. The PHG report is triennial and completed by July 1 in the year it is due.

The PHG report must include the following: (1) any contaminant that has been detected above the PHG, (2) health risk information on the detected contaminants, (3) an estimated cost associated with installation of the Best Available Technology (BAT) to help reduce the level of a given contaminant, and what action, if any, will be taken to reduce the level of the contaminant and what was the basis for that decision.

Contaminants that exceeded their PHG or Maximum Contaminant Level Goal (MCLG) in the years 2022 to 2024 are addressed in this report. For any contaminant that OEHHA has not set a PHG, the water suppliers are to use the 344
Maximum Contaminant Level Goal (MCLG) adopted by the United States Environmental Protection Agency (USEPA).

MCLGs are the federal equivalent to PHGs, but not identical.

Only contaminants that have a California primary drinking water standard and either a PHG or MCLG have been set are to be addressed in this report. This report provides the following information required by the Health and Safety Code for each constituent detected in the City of Oxnard’s water supply between 2019-2021 that exceeded a PHG or MCLG:
• Numerical public health risk associated with the MCL, PHG, or MCLG; • Category or type of risk to health that could be associated with each constituent; • Best Available Technology that could be used to reduce the constituent level; and • Estimate of the cost to install the Best Available Treatment Technology, if it is appropriate and feasible.

DISCUSSION

The PHGs are non-enforceable goals that are not required to be met by any public water system and are set by the OEHHA. A PHG is the level below which OEHHA has determined that a drinking water contaminant poses no significant health risk. Additionally, PHGs are developed and published by OEHHA (Health and Safety Code Section 116365) using current risk assessment principles, practices and methods. PHGs are based solely on public health risk considerations. None of the risk management factors that are considered by the DDW or the USEPA in setting drinking water standards are considered in setting the PHGs.

These factors include analytical detection capabilities, treatment technology available, benefits, and cost. If a constituent does not have a PHG, then as required for this report, public water systems are to use Maximum Contaminant Level Goals (MCLGs) developed by the United States Environmental Protection Agency (USEPA). Like PHGs set by OEHHA, MCLGs are set by the USEPA in which they believe there are no known or expected risks to health, with a margin of safety.

Water quality data collected for the City of Oxnard’s Water Distribution System between 2022 - 2024 was reviewed and used for the purpose of determining compliance with state and federal drinking water standards. This information was summarized in the annual Drinking Water Consumer Confidence Reports made available to all City of Oxnard customers, residents, and businesses. The City’s most recent Drinking Water Consumer Confidence Report is available at www.oxnard.org/CCR.

Most of the constituents tested in water were reported as Non-Detect (ND) and not listed in the Drinking Water Consumer Confidence Report. When a constituent is reported as ND, it generally means that the laboratory did not detect the constituent, but it could also mean that it was detected at a level less than California’s Detection Level for Reporting (DLR) purposes.

From the review of the 2022-2024 Oxnard water quality data, there were 11 constituents detected that exceeded a PHG or MCLG. The 11 constituents were as follows: arsenic, gross alpha particles, gross beta particles, radium 226 and radium 228, Strontium, Uranium, bromodichloromethane, bromoform, chloroform and dibromochloromethane. These constituents are either naturally occurring in groundwater, erosion of mineral deposits, desorption from rock or sediment, runoff from soil, and/or disinfection by-products to avoid infectious diseases. Additional information on this can be found on pages 5 to 10 in the attached report.

The Best Available Technology selected to remove the 11 constituents was Reverse Osmosis (RO). It is estimated that additional RO treatment would have to be constructed at three City blending stations that do not currently have a desalter.

RO treatment capacity needed at each station is estimated at 7.5 million gallons per day, totaling 22.5 million gallons per day for three stations. These facilities are estimated to cost $91 million to construct, $27 million to operate and maintain and increase the average customer's water bill by $508 per year.

CONCLUSION

While eleven constituents exceeded a PHG or MCLG, the levels detected are extremely low, not enforceable and much lower than the State of California enforceable drinking water Maximum Contaminant Levels. 345

Because the City is in compliance with the State of California and Federal Drinking Water Maximum Contaminant Levels, staff does not recommend installing treatment processes to attempt to reduce the levels below Public Health Goal and Maximum Contaminant Level Goal levels. However, should the City Council desire to address PHGs and/or MCLGs as a policy, which would be done with capital projects, staff should be directed to include required projects in the next round of the Capital Improvement Program (CIP) budget process. It should be noted that additional CIP projects will impact the water rates (i.e. increase rates) on a go-forward basis.

STRATEGIC PRIORITIES

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

FINANCIAL IMPACT

There is no direct financial impact in receiving this report.

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 3-0 on October 14, 2025 to approve the staff recommendation and to forward the item for Council approval.

Please click here to view the Measure M pre-recorded presentation video.

Please click here to view the October 14, 2025 Public Works and Transportation Committee Meeting recording.

Prepared by: Timothy Beaman, Assistant Public Works Director, Chris Peyton, Water Division Manager

ATTACHMENTS

1. PHG 2025 Triennial Report

346
PUBLIC HEALTH GOALS 2025TRIENNIAL REPORTCITY OF OXNARDWATER DIVISION 347

CITY OF OXNARD
Page | 2
348

CITY OF OXNARD
Page | 3
TABLE OF CONTENTSBACKGROUND …………………………………………………………………………………………. 2WHAT ARE PUBLIC HEALTH GOALS? ……………………………………………………………… 3WATER QUALITY DATA CONSIDERED ………………………………………………………….…. 3CITY OF OXNARD WATER SOURCES ……………………………………………………………….. 3BEST AVAILABLE TREATMENT TECHNOLOGY AND COST ESTIMATE …………………….… 4CONSTITUENTS DETECTED ………………………………………………………………………….. 4METALS ARSENIC …..……………………………………………………………………………………… 5RADIOLOGICALS GROSS ALPHA PARTICLE ……………………………………………………………………… 5 GROSS BETA PARTICLE ………………………………………………………………………... 6 RADIUM 226/RADIUM 228 ……………………………………………………………………… 7 STRONTIUM – 90 ……………………………………………………………………………….... 7 URANIUM …………………………………………………………………………….…………… 7ORGANICS BROMODICHLOROMETHANE ………………………………………………………….……… 8 BROMOFORM …………………………………………………………………………….………. 9 CHLOROFORM ………………………………………………………………………….………... 9 DIBROMOCHLOROMETHANE …………………………………………………….…………… 9ESTIMATED COST TO ACHIEVE PUBLIC HEALTH GOALS ………………………………….…... 9RECOMMENDATION ………………………………………………………………………………..... 10 349

CITY OF OXNARD
Page | 4
BACKGROUND California Health and Safety Code Section 116470(b) requires large water utilities (more than 10,000 service connections), prepare a brief written report if their water quality measurements have exceeded any PHG in the three previous calendar years. This Public Health Goal Report must be completed by July 1 in the year it is due. The Public Health Goal report must include the following (1) any contaminant that has been detected above the PHG, (2) health risk information on the detected contaminants, (3) an estimated cost associated with installation of the Best Available Technology (BAT) to help reduce the level of a given contaminant and what action, if any, will be taken to reduce the level of the contaminant and what was the basis for that decision. The State Water Resources Control Board (SWRCB)/ Division of Drinking Water (DDW), uses PHGs in the evaluation of health-related drinking water standards, known as Maximum Contaminant Levels (MCLs). MCLs are enforceable limits that water purveyors must meet to protect public health. DDW considers treatment costs, available treatment and analytical technology when setting new MCLs for unregulated chemicals.Public Health Goals are established by the California Office of Environmental Health Hazard Assessment (OEHHA). The OEHHA determines and publishes the “numerical public health risk” associated with both PHGs and MCLs. A Public Health Goal is a non-enforceable goal, used as a health risk assessment, not a proposed drinking water standard. It is the level of a contaminant in drinking water, which is considered not to pose a significant risk to health if consumed for a lifetime. This determination is made without regard to cost or treatability. The most recent health risk information published by OEHHA is used in this PHG report.Only contaminants that exceeded their PHG in the years 2022 to 2024 are addressed in this report. Any contaminant that the OEHHA has not set a PHG for, the water supplier, is to use the Maximum Contaminant Level Goal (MCLG) adopted by the United States Environmental Protection Agency (USEPA). MCLGs are the federal equivalent to PHGs, but not identical. Only constituents which have a California primary drinking water standard and for which either a PHG or MCLG has been set are to be addressed in this report. There are some constituents that are routinely detected in water systems at levels usually well below the drinking water standards, for which no PHG nor MCLG have yet been adopted by OEHHA or USEPA. These constituents are not required to be included in this report.This report provides the following information required by the Health and Safety Code for each constituent detected in the City of Oxnard’s water supply in 2022-2024 that exceeded a PHG or MCLG.●Numerical public health risk associated with the MCL, PHG, or MCLG.●Category or type of risk to health that could be associated with each constituent.●Best Available Technology that could be used to reduce the constituent level.●Estimate of the cost to install the Best Available Treatment Technology, if it is appropriate and feasible. 350

CITY OF OXNARD
Page | 5
WHAT ARE PUBLIC HEALTH GOALSs?●PHGs are non-enforceable goals that are not required to be met by any public water system. ●PHGs are set by the California Office of Environmental Health Hazard Assessment (OEHHA). ●A PHG is the level below which OEHHA has determined that a drinking water contaminant poses no significant health risk.●PHGs are developed and published by OEHHA (Health and Safety Code Section 116365) using current risk assessment principles, practices and methods. ●PHGs are based solely on public health risk considerations. None of the risk management factors that are considered by the DDW or the USEPA in setting drinking water standards are considered in setting the PHGs. These factors include analytical detection capabilities, treatment technology available, benefits and cost.●If a constituent does not have a PHG, then as required for this report, public water systems are to use Maximum Contaminant Level Goals (MCLGs) developed by the United States Environmental Protection Agency (USEPA).●Like PHGs set by OEHHA, MCLGs are set by the USEPA in which they believe there are no known or expected risks to health, with a margin of safety.WATER QUALITY DATA CONSIDEREDAll water quality data collected for the City of Oxnard’s Water Distribution System from 2022 - 2024 is used for the purpose of determining water compliance with state drinking water standards. This information was summarized in tables included in the Drinking Water Consumer Confidence Reports made available to all City of Oxnard customers, residents, and businesses for those years. The City’s most recent Drinking Water Consumer Confidence Report is available at www.oxnard.org/CCR.Most of the constituents tested in water were reported as Non-Detect (ND) and are not generally listed in the Drinking Water Consumer Confidence Report. When a constituent is reported as ND, it generally means that the laboratory did not detect the constituent, but it could also mean that it was detected at a level less than California’s Detection Level for Reporting (DLR) purposes.CITY OF OXNARD WATER SOURCESThe City of Oxnard utilizes 3 sources for its water supply.●29% of Oxnard’s water supply is treated water purchased from Callegus Municipal Water District. The raw surface water is imported from Northern California via the State Water Project and treated by Metropolitan Water District (MWD).●35% of Oxnard’s water supply is treated water purchased from United Water Conservation District (United). United supplies disinfected groundwater replenished by the Santa Clara River, Lake Piru, and the Freemen Diversion Facility. 351

CITY OF OXNARD
Page | 6
●36 % of Oxnard’s water supply is from groundwater wells owned and operated by the City. While all well water is treated, blended, and disinfected, a portion of this water is treated by reverse osmosis filtration (R.O.).BEST AVAILABLE TREATMENT TECHNOLOGY AND COST ESTIMATESBoth the USEPA and DDW have adopted what are known as Best Available Technologies (BATs), which are the best known methods of reducing contaminant levels. Capital construction along with operation and maintenance (O&M) costs can be estimated for such technologies. Since many PHGs and MCLGs are set much lower than the MCL, it is not always possible or feasible to determine what treatment is needed to further reduce a constituent down to or near the PHG or MCLG. For example, USEPA sets the MCLG for potential cancer-causing chemicals at zero. Estimating the costs to reduce a constituent is difficult, if not impossible, because it is not possible to verify by analytical means that the level has been lowered to zero. In some cases, installing treatment to try and further reduce very low levels of one constituent may have adverse effects on other aspects of water quality.CONSTITUENTS DETECTED THAT EXCEED A PHG OR MCLG IN OXNARDCONSTITUENT (UNITS)SWRCBMCLOEHHAPHGUSEPAMCLGMAXIMUMLEVEL DETECTEDArsenic (mg/L)0.010.00000400.0028Gross Alpha Particles (pCi/L)15none03.24Gross Beta Particles (pCi/L)50none05.51Radium - 226 (pCi/L)none0.05none0.552Radium - 228 (pCi/L)none0.019none0.876Strontium – 90 (pCi/L)80.3581.15Uranium (pCi/L)200.4304.8Bromodichloromethane (mg/L)none0.0000600.0065Bromoform (mg/L)none0.000500.021Chloroform (mg/L)none0.00040.070.0027Dibromochloromethanenone0.00010.060.016mg/L = miligrams per literpCi/L = picocuries per literEach of the eleven constituents listed are described below, including current state and or federal water quality standards, level observed within the City system, potential source of constituent, numerical public health risk associated with the MCL and the PHG or MCLG, category or type of risk to health that could be associated with each constituent, and the Best Available Technology (BAT) for treatment. 352

CITY OF OXNARD
Page | 7
ArsenicThe MCL for arsenic in drinking water is 0.01 milligrams per liter (mg/L). The level of arsenic detected in Oxnard Water was below the MCL with a maximum level of 0.0028 mg/L. The City did not, however, meet the PHG for this constituent which was set at 0.000004 mg/L. The most probable source of the arsenic detected in the City’s water system was erosion of natural deposits.Health Risk Category: Cancer. Some people who drink water containing arsenic in excess of the MCL over many years may experience skin damage, circulatory system problems, and may have an increased risk of getting cancer. Numeric Health Risk at PHG: Cancer risk. Theoretical 70-year lifetime excess risk is one cancer case per million people (expressed as 1x10-6). Numeric Health Risk at California MCL: Cancer risk. Theoretical 70-year lifetime excess cancer risk is one excess cancer case per hundred people (expressed as 2.5x10-3).The following technologies are identified as Best Available Technology (BAT) for reducing arsenic levels in drinking water, according to the CA State Division of Drinking Water (DDW).●Activated Alumina●Coagulation / Filtration●Electrodialysis●Ion Exchange●Lime Softening●Oxidation / Filtration●Reverse OsmosisCurrently the City Of Oxnard Water Division utilizes Reverse Osmosis (RO) treatment at wells 32, 33, and 34. RO treatment is one of the Best Available Treatment Technologies for lowering arsenic levels.Gross Alpha Particles ActivityGross Alpha particles activity has a State MCL of 15 picocuries per liter (pCi/L). Gross Alpha particle activity has no PHG, but the federal MCLG is zero. Maximum level of Gross Alpha particles in City water was 3.24 pCi/L, which was below the State MCL. The most probable source of gross alpha particle activity detected in the City water system was from erosion of naturally occurring minerals.Health Risk Category: Alpha particle activity is considered to be a human carcinogen. Certain minerals are radioactive and may emit a form of radiation known as alpha radiation. Some people who drink water containing alpha emitters in excess of the MCL over many years may have an increased risk of getting cancer. Numeric Health Risk at MCLG: For an MCLG of zero, the excess cancer risk is zero. Numeric Health Risk at MCL: Approximately 1x10-3 for the most potent alpha emitter.DDW has identified the following BATs for reducing the level of Gross Alpha particles. ●Ion Exchange 353

CITY OF OXNARD
Page | 8
●Reverse Osmosis The City of Oxnard Water Division currently uses Reverse Osmosis (RO) at wells 32, 33 and 34. RO is one of the BAT for lowering the level of Gross Alpha particles in drinking water.Gross Beta Particle ActivityGross Beta particle activity has a state MCL of 50 pCI/L (equivalent to 4 millirem per year). Gross Beta particle activity has no PHG, but the MCLG is zero. Maximum level of Gross Beta particles in City water was 5.51 pCi/L. The most probable source of Gross Beta particles activity detected in the City water system was from naturally occurring minerals.Health Risk Category: Beta particle activity is considered to be a human carcinogen. Certain minerals are radioactive and may emit forms of radiation known as photons and beta radiation. Some people who drink water containing photon and beta emitters in excess of the MCL over many years may have an increased risk of getting cancer. Numeric Health Risk at MCLG: For an MCLG of zero, the excess cancer risk is zero. Numeric Health Risk at MCL: Approximately 2x10-3 for the most potent beta emitter.DDW has identified the following BATs for reducing the level of Gross Beta particles.●Ion Exchange●Reverse OsmosisThe City of Oxnard Water Division currently uses Reverse Osmosis (RO) at wells 32, 33 and 34. RO is one of the BAT for lowering the level of Gross Beta particles in drinking water.Radium 226 and Radium 228There is currently no state MCL for both Radium 226 and Radium 228. The level of Radium 226 detected in Oxnard Water was 0.552 picocuries per liter (pCi/L). The level of Radium 228 detected in Oxnard Water was 0.876 pCi/L. The City however, did not meet the PHG for these constituents, which were set at 0.05 picocuries per liter and 0.019 picocuries per liter, respectively. The most probable source of radium is the naturally occurring decay of uranium and thorium found in radioactive rock, soil and water. Radium can enter ground water by dissolution of aquifer materials, by desorption from rock or sediment surfaces, and by ejection form minerals during radioactive decay.Health Risk Category: Carcinogenicity. Some people who consumed water that contained more than 5 picocuries per liter over 70 years may have an increased risk of getting cancer. Radium is primarily associated with bone and sinus cancers along with cell tissue damage. Numeric Health Risk at PHG: Cancer risk. Theoretical 70-year lifetime excess risk is one cancer case per million people (expressed as 1x10-6). Numeric Health Risk at California MCL: Cancer risk. Theoretical 70-year lifetime excess cancer risk is one excess cancer case per ten thousand people (expressed 1x10-4). 354

CITY OF OXNARD
Page | 9
The following technologies are identified as Best Available Technology (BAT) for reducing radium 226 and radium 228 levels in drinking water, according to the CA State Division of Drinking Water (DDW).●Ion Exchange●Lime softening●Reverse OsmosisReverse Osmosis (RO) treatment is currently used at wells 32, 33, and 34. This is one of the Best Available Technologies for lowering the levels of radium 226 and radium 228 in drinking water.Strontium - 90The MCL for Strontium – 90 in drinking water is 8 picocuries per liter (pCi/L). The level of Strontium detected in Oxnard ware was below the State MCL with a maximum level of 1.15 pCi/L. The City did not, however, meet the PHG for this constituent which was set at 0.35 pCi/L. The most probable source for Strontium – 90 is the environment. The fallout from nuclear testing in the 1950’s and 1960’s as well as nuclear reactor waste was widely dispersed and deposited on earth. Water runoff over contaminated soil is likely. Health Risk Category: Carcinogenicity. Some people who consumed water that contained more than 5 picocuries per liter over 70 years may have an increased risk of getting cancer. Strontium 90 is primarily associated with bone and marrow cancers along with leukemia. Numeric Health Risk at PHG: Cancer risk. Theoretical 70-year lifetime excess risk is one cancer case per million people (expressed as 1x10-6). Numeric Health Risk at California MCL: Cancer risk. Theoretical 70-year lifetime excess cancer risk is one excess cancer case per ten thousand people (expressed 1x10-4).The following technologies are identified as Best Available Technology (BAT) for reducing Strontium 90 levels in drinking water, according to the CA State Division of Drinking Water (DDW).●Ion Exchange●Lime softening●Reverse OsmosisReverse Osmosis (RO) treatment is currently used at wells 32, 33, and 34. This is one of the Best Available Technologies for lowering the levels of Strontium - 90 in drinking water.UraniumThe state MCL for uranium is 20 pCi/L. The PHG for uranium is 0.43 pCi/L. Maximum observed level of uranium was 4.8 pCi/L. The most probable source of Uranium detected in the City water system was from erosion of naturally occurring minerals. 355

CITY OF OXNARD
Page | 10
Health Risk Category: Carcinogenic/chronic toxicity. Some people who drink water containing Uranium in excess of the MCL over many years may have kidney problems or an increased risk of getting cancer. Numeric Health Risk at PHG: The theoretical 70-year lifetime cancer risk for drinking water with Uranium above 0.43pCi/L is one excess cancer case per million people (1x10-6). For a MCLG of zero, the cancer risk is zero. Numerical Health Risk at MCL: The theoretical 70-year lifetime cancer risk for drinking water with Uranium above 20 pCi/L is 5 excess cancer cases per 100,000 people (5x10-5).DDW has identified the following BATs for reducing the level of Uranium.●Coagulation / Filtration●Ion exchange●Lime Softening●Reverse OsmosisThe City of Oxnard Water Division currently uses Reverse Osmosis (RO) at wells 32, 33 and 34. RO is one of the BAT for lowering the level of Uranium in drinking water.Trihalomethanes (THMs)There are 4 major regulated trihalomethanes found in drinking water. All 4 constituents are results of disinfection byproducts necessary to avoid infectious diseases within the general public from microbial contamination of drinking water supplies. None of these 4 constituents have an individual State MCL. There is a total trihalomethanes MCL, which is the sum of these 4 constituents. The MCL is 0.08mg/L. The Best Available Technologies (BAT) for reducing levels of Trihalomethanes are listed below. ●Filters Containing Carbon or Charcoal●Reverse OsmosisThe City of Oxnard Water Division currently uses Reverse Osmosis (RO) at wells 32, 33 and 34. RO is one of the BAT for lowering the levels of TTHMs in drinking water.BromodichloromethaneThe PHG for Bromodichloromethane is 0.00006 mg/L. The level that was detected in the City Water was 0.0065 mg/L. Health Risk Category: Carcinogenicity. Some people, who drink water containing Bromodichloromethane in excess of the PHG over many years, may have an increased risk of getting cancer. Numeric Health Risk at PHG: The theoretical 70-year lifetime cancer risk for drinking water above the 0.00006 is one excess cancer cases per million (1x10-6). Numeric Health Risk at MCL: The theoretical 70-year lifetime cancer risk for drinking water above the 0.8 mg/L is 1.3 excess cancer cases per one thousand (1.3x10-3). 356

CITY OF OXNARD
Page | 11
BromoformThe PHG level for Bromoform is 0.0005 mg/L. The level of Bromoform detected within the City water was 0.021 mg/L. Health Risk Category: Carcinogenicity. Some people who drink water containing bromoform in excess of the PHG over many years may have an increased risk of getting cancer. Numeric Health Risk at PHG: Theoretical 70-year lifetime cancer risk is one excess cancer case per million (1x10-6). Numeric Health Risk at MCL: Theoretical 70-year lifetime cancer risk for drinking water above the 0.08 mg/L is two excess cancer cases per ten thousand (2x10-4).ChloroformThe PHG level for Chloroform is 0.0004 mg/L. The level of Chloroform detected within the City water was 0.0027 mg/L. Health Risk Category: Carcinogenicity. Some people who drink water containing chloroform in excess of the PHG over many years may have an increased risk of getting cancer. Numeric Health Risk at PHG: Theoretical 70-year lifetime cancer risk is one excess cancer case per million (1x10-6). Numeric Health Risk at MCL: Theoretical 70-year lifetime cancer risk for drinking water above the 0.08 mg/L is two excess cancer cases per ten thousand (2x10-4).DibromochloromethaneThe PHG level for Dibromochloromethane is 0.0001 mg/L. The level of Dibromochloromethane detected within the City water was 0.016 mg/L. Health Risk Category: Carcinogenicity. Some people who drink water containing Dibromochloromethane in excess of the PHG over many years may have an increased risk of getting cancer. Numeric Health Risk at PHG: Theoretical 70-year lifetime cancer risk is one excess cancer case per million (1x10-6). Numeric Health Risk at MCL: Theoretical 70-year lifetime cancer risk for drinking water above the 0.08 mg/L is eight excess cancer cases per ten thousand (8x10-4).ESTIMATED COSTS TO ACHIEVE PHG’s 357

CITY OF OXNARD
Page | 12
The California Health and Safety code requires that this report includes an estimate of the aggregate cost and cost per customer for additional treatment to achieve the PHGs. Reverse osmosis (RO), ion exchange (IX), and corrosion control are potential BATs available for the constituents of concern.It is estimated that additional RO treatment would have to be constructed at three City blending stations that do not currently have a desalter. RO treatment capacity needed at each station is estimated at 7.5 million gallons per day, totaling 22.5 million gallons per day for three stations. The cost estimates includes engineering, construction, operation, 30-year amortization at 5 percent for debt service, and 3 percent annual inflation. However, the cost estimates do not include land costs, conveyance, and permitting. Estimated total cost for the City would be approximately $27,141,000 per year as shown in the chart below. Total additional cost per customer would be approximately $508 per year. System CharacteristicsTreatmentRO # of units3RO Capacity/Station (MGD)7.5RO Engineering/Construction Cost per unit ($ million) (2013$) (1,2)45.9RO Total Annual Cost ($ million/year) (2035$) (3)28.3Total Additional Annual Cost per Customer ($ / connection / year)(2035$) (4,5)474Notes:1. RO costs provided by City of Oxnard ($24 million/ desalter). (City, 2015). 3% per year added for inflation (from 2015 - 2022). 5% per year added for inflation (from 2023-2025). 3% per year added for inflation (from 2025-2035).2. Costs for inflation and additional capital/operating are assumed to be balanced by the use of newer technology and efficiencies.3. Current RO Total Annual Cost provided by City of Oxnard in 2021 (based on $1268/AF). Desalters are to be constructed over a 10 year period. City will treat approximately 16,900 AFY of groundwater by year 2035.4. Costs adjusted to 2035 dollars with inflation estimated using the formula above. Total additional annual cost per customer service connection for additional RO treatment adjusted to 2035 dollars (annual amount does not include construction cost)5. Current number of service connections is approximately 42,500 (City, 2015 UWMP). Projected 2035 service connections is 59,800 (based on mean increase from 1992-2010).The above estimate is for the construction of three additional desalters. All 3 desalter facilities could not be built at the Water Campus due to groundwater allocation restrictions (set by Fox Canyon Groundwater Management Agency), total demand, and insufficient storage for permeate water. This scenario would only be obtainable by gaining more groundwater allocation and constructing separate R.O. facilities 358

CITY OF OXNARD
Page | 13
throughout the city. This would greatly reduce our dependency on purchased water, but not eliminate the need for purchased sources.RECOMMENDATIONThe City of Oxnard routinely performs and reports compliance monitoring of its water supplies. Water delivered by the City complies with all drinking water standards set by the State and Federal government. On average, contaminants detected had concentrations far below MCLs. Only eleven contaminants had at least one sample that was detected at a higher level than the PHG or MCLG, which are non-enforceable goals. In addition, this report estimates significant treatment costs to potentially achieve PHGs and MCLGs. Because many PHGs and MCLGs are set at zero, it is not always feasible to determine what treatment is needed to reduce a constituent downward to or near zero. Furthermore, it is often not possible to verify by analytical means that the level has actually been lowered to zero. For these reasons, City staff has determined that this financial investment is not warranted at this time given the low risks associated with the PHGs and MCLGs discussed in this report.If you have any questions concerning this report, please contact Richard Maria, Water Regulatory Compliance Coordinator, at (805) 200-5374. 359

CITY COUNCIL AGENDA REPORT

INFORMATION/CONSENT AGENDA
AGENDA ITEM NO. L.11

DATE: November 3, 2025

TO: City Council

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

SUBJECT: Agreement 32600146 with Synagro-WWT, Inc. for Digester Cleaning Services, Specification 25-14.

RECOMMENDATION

That the City Council approve and authorize the Mayor to execute an Agreement with Synagro-WWT, Inc. (Synagro) in the amount of $1,185,910 for Digester cleaning services with a one-year term from November 4, 2025 to November 3, 2026.

(Public Works and Transportation Committee approved 3-0 on October 14, 2025)

BACKGROUND

The City of Oxnard Water Resource Recovery Facility (WRRF) is a secondary treatment facility that uses anaerobic digestion for solids stabilization. The WRRF currently owns three anaerobic digesters that treat solids generated from both primary and secondary treatment processes. Once stabilized, the digested solids are dewatered using belt filter presses, loaded onto trailers, and transported to a disposal site by a third-party contractor, where the solids are composted.

The 2017 Integrated Master Plan identified and recommended that all three digesters be rehabilitated. Digester No. 2 is currently undergoing rehabilitation as part of the Reliability Project (C2201) and is expected to return to service by the end of calendar year 2025. Carollo Engineers were hired in April 2025 to complete the design improvements for Digesters No. 1 and 3 (C2408) and are currently in the preliminary design phase. As part of the design process, each digester is required to be inspected and evaluated for structural condition. The inspection requires the digesters to be emptied and cleaned.

Capital Improvement Program (CIP) Reference:

Project No. C2408 - Wastewater OWTP: Digester/Cogeneration Improvements - CIP 2025-2029 - Adopted June 4, 2024 - Page 148.

DISCUSSION

On June 23, 2025, the Purchasing Department released a Request for Bid (RFB) 25-141 for Digester Cleaning Services, with a proposal due date of August 8, 2025. The RFB was directly sent to 13 potential firms and published on www.publicpurchase.com as well as the City’s Purchasing website. The solicitation received a total of six 6 bids from the following:
• American Process Group
• Ancon Services
• Bristola, LLC
• GrayMar Environmental Services, LLC
360
• MP Environmental
• Synagro-WWT, Inc. (Synagro)

After review of the bids by the Purchasing Division, Synagro was determined to have submitted the lowest responsive bid. To maintain uninterrupted operations during this project, Synagro will clean the digesters one at a time. Digester No. 1 will be taken out of service, cleaned, and returned to service. Operations staff will then stabilize its performance before removing Digester No. 3 from service for cleaning. The work includes the removal, dewatering, and legal disposal of accumulated grit, sludge, floatable materials, and debris. It will also include the thorough cleaning of internal components such as walls, floor, roof, piping, and other appurtenances. The contractor is required to submit proof of the location and legality of the disposal site prior to removal of sludge from the site.

STRATEGIC PRIORITIES

FINANCIAL IMPACT

The total cost for this Project shall not exceed $1,185,910, through the contract term ending November 3, 2026. There is $2.38M available in the Wastewater OWTP: Digester/ Cogeneration Improvements Project (C2408), funded by the Wastewater Operating Fund (611).

For Finance use only: Wastewater Capital Fund 612 (Org: 6123610, Obj: 53200, Proj: C2408)

COMMITTEE OUTCOME

The Public Works and Transportation Committee approved 3-0 on October 14, 2025 to approve the staff recommendation and to forward the item for Council approval.

Please click here to view the Measure M pre-recorded presentation video.

Please click here to view the October 14, 2025 Public Works and Transportation Committee Meeting recording.

Prepared by: Timothy Beaman, Assistant Public Works Director, Jan Hauser, Wastewater Division Manager

ATTACHMENTS

1. Agreement 32600146

361
Agreement No. 32600146

Page 1 of 39 ends

GENERAL SERVICE AGREEMENT

BETWEEN
THE CITY OF OXNARD AND SYNAGRO- WWT, INC.

By This General Services Agreement (“Agreement”), the CITY of Oxnard (“City”) agrees to engage the services of Synagro- WWT, Inc. (“Service Provider”), and Service Provider agrees to perform the services for City as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. City and Service Provider may be individually referred to as “Party” or collectively as the “Parties.”

1. [INTENTIONALLY OMITTED]

2. SUMMARY DESCRIPTION OF SERVICES.

This project involves the complete cleaning and preparation of Digesters No. 1 and 3, including the removal, dewatering, transport, and disposal of accumulated grit, screenings, sludge, and floatable materials. The scope also includes nitrogen gas purging prior to returning each digester to service.

Service Provider shall furnish all labor, equipment, materials, and incidentals necessary to complete the work in accordance with safety, environmental, and regulatory standards. The project
requires strict adherence to confined space protocols, combustible gas monitoring, and coordination with plant operations to ensure the facility remains in service throughout the duration of the work.

All work must be completed within the specified timeframe outlined in the Contract Documents.

The Services to be performed pursuant to this agreement are described in the Scope of Services, attached hereto as Exhibit A. Service Provider may not be the exclusive provider of services to the City. The City does not guarantee a specified amount of work under this agreement.

362
Agreement No. 32600146

Page 2 of 39 ends

3. PARTIES.

City of Oxnard, a general law and municipal corporation of the State of California, located at 300 West Third Street, Oxnard California 93030 Synagro- WWT, Inc., a corporation of the State of Maryland, located at: 435 Williams Court, Suite 100, Baltimore, MD. 21220

4. TERM OF AGREEMENT: From: November 4, 2025 To: November 3, 2026 A. Time is of the essence in this Agreement.

B. This Agreement does not have any options to extend.

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

D. All services required of Service Provider under this Agreement shall be completed on or before the end of the term of the Agreement.

5. AGREEMENT AMOUNT NOT TO EXCEED: $ 1,185,910.001

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

Exhibit A: Scope of Services and Task Order Template
Exhibit B: Schedule of Compensation
Exhibit C: Insurance Requirements: City Insurance Exhibit INS-I Exhibit D: [RESERVED]
Exhibit E: Living Wage Policy
Exhibit F: Prevailing Wage Policy
Exhibit G: Iran Contracting Certification

1 This is not a guaranteed dollar amount. No services or work performed pursuant to a Task Order shall exceed the “Not to Exceed” Amount of the Contract or the agreed upon amount stated in the Task Order. 363
Agreement No. 32600146

Page 3 of 39 ends

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, Service Provider’s services shall be performed or immediately supervised by the Service Provider’s Representative:

City Designated Representative
Name: Sian Bashkiroff
Title: Associate Engineer
Phone: (805) 271-2204, (805) 833-9736
Email: [email protected]
Address: 6001 Perkins Rd., Oxnard,
CA. 93033

Service Provider Designated
Representative
Name: John Pugliaresi
Title: Sr. Area Sales Manager
Phone: (650) 219-6380
Email: [email protected]
Address: 435 Williams Court, Suite 100,
Baltimore, MD. 21220

8. CONTRACTUAL PREREQUISITES. This Agreement must first be executed by the Service Provider, 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. Service Provider is advised that any recommendation for Agreement award is not binding on the City until the Agreement is fully executed and approved by the City.

B. All proof of business license, insurance, and W-9 forms is required prior to execution of this Agreement.

C. Service Provider shall not perform any work under this Agreement until a proof of insurance has been provided to the City as required under Section 26 of this Agreement.

9. SERVICE PROVIDER’S SERVICES.

A. Service Provider shall perform only the type or category of services as 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.
364
Agreement No. 32600146

Page 4 of 39 ends

B. The Services shall be coordinated with the designated City Project Manager set forth in Exhibit A and are subject to the direction of the City Manager or Department Director. Service Provider 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 Service Provider for the services performed pursuant to the terms of this Agreement and based on the hourly rates and fees set forth in the “Schedule of Compensation,” attached to and incorporated into this Agreement as “Exhibit B.” Under no circumstances shall the Service Provider perform work in excess of the amount stated in the not to exceed amount listed in Section 5 of this Agreement. Once this Agreement is executed, the Schedule of Compensation may only be modified by written Amendment pursuant to Section 13 of this Agreement, and may be subject to approval by the City Council.

A. Annual Rate and Fees adjustments must be requested in writing and accompanied by information to substantiate the request for price adjustments. Adjustments are subject to approval by the City. Any allowable request for adjustment must be delivered to the City at least 30 days before the adjusted prices become effective. No price adjustment allowable under this Contract will be granted retroactively. The City must also be given the benefit of any decline in prices.

11. PAYMENT & INVOICES. 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 Service Provider 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. Service Provider shall submit a payment request to City by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month. Invoices may be emailed to: [email protected]
B. Non-Appropriation of Funds. Payments to be made to Service Provider 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 365
Agreement No. 32600146

Page 5 of 39 ends

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.

C. Service Provider’s acceptance of final payment made pursuant to this Agreement shall constitute a release of City from all claims and liabilities for compensation to Service Provider 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 Service Provider 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 Service Provider and its employees, agents and Subcontracted Service Providers.

D. Service Provider 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 Service Provider or materials or products provided to City by Service Provider, Service Provider shall pay the sales tax. City shall not reimburse Service Provider for sales taxes paid by Service Provider

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 Service Provider perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper completion of the project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement or any Task Order issued under this Agreement. A written amendment signed by both Parties shall be required to authorize performance of and payment for Extra Services under this Agreement or Task Order.

366
Agreement No. 32600146

Page 6 of 39 ends

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 Service Provider only for work done by Service Provider up to and including the date of termination of this Agreement unless the termination is for cause, in which event Service Provider need be compensated only to the extent required by law. Service Provider may terminate this Agreement at any time during the term of the Agreement by giving the City sixty (60) calendar days’ written notice.

15. [RESERVED]

16. INDEPENDENT CONTRACTOR. Service Provider 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 Service Provider or any of its employees, except as stated in this Agreement. Service Provider 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 Service Provider. This Agreement shall not be interpreted to prevent or preclude Service Provider from rendering any services for Service Provider’s own account or to any other person or entity as Service Provider in its sole discretion shall determine; provided, however, that performing such services shall not materially interfere with the Services the Service Provider shall perform for the City. The City retains the right to provide general instructions to and observe the Service Provider in the performance of all services done on behalf of the City.

Service Provider and its employees, subcontractors, 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. Service Provider and its employees are not employees of City. Service Provider 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. Service Provider shall not, at any time or in any manner, represent that it or any of its agents, subcontractors, or employees are in any manner agents, subcontractors, or employees of City.

367
Agreement No. 32600146

Page 7 of 39 ends

17. LAWFUL PERFORMANCE. Service Provider shall abide by all Federal, State, and Local Laws and Regulations as may be related to the performance of duties under this Agreement. Service Provider, 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. Service Provider shall not perform any services for the City when the Service Provider 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 Service Provider when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. The acceptance of Service Provider 's work by City shall not operate as a release of the Service Provider from such standard of care and workmanship.

19. OWNERSHIP OF SERVICE PROVIDER’S WORK PRODUCT, CONFIDENTIALITY & DISCLOSURE. 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 Service Provider 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 Service Provider pursuant to or in connection with this Agreement shall be the exclusive property of the City.

B. Records and Inspections. The Service Provider shall maintain full and accurate records, with respect to all services and matters covered under this Agreement. 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.

C. Deliverables. Service Provider shall deliver to the City the studies, plans, specifications, or other documents as are identified in the Scope of 368
Agreement No. 32600146

Page 8 of 39 ends

Services or Task Order; and Service Provider shall, upon completion of all work, submit to the City all information developed in the course of the Service Provider 's services. Service Provider shall, in such time and in such form as the City may require, furnish reports concerning the status of services required under this Agreement. Service Provider shall, upon request by City and upon completion or termination of this Agreement, deliver to the City all material furnished to Service Provider by the City.

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. Service Provider 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 Service Provider to perform its obligations pursuant to this Agreement. If Service Provider is granted such access to confidential information, Service Provider shall not be considered to be a member of the public as that term is used in Government Code Section 7920.515.

E. Disclosure of Information. Service Provider 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 Service Provider by the City or other information to which the Service Provider 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 Service Provider in reliance on any Confidential Information disclosed under this Agreement.

20. ASSIGNMENT. This Agreement is for the non-professional services of Service Provider. Any attempt by Service Provider 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. Service Provider's services pursuant to this Agreement shall be provided by the Service Provider’s Designated Representative or directly under his/her supervision, and Service Provider shall not assign another to supervise the 369
Agreement No. 32600146

Page 9 of 39 ends

Service Provider's performance of this Agreement without the prior written approval of City, by and through the City’s Designated Representative.

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

24. WAIVER. City’s review or acceptance of, or payment for, work product prepared by Service Provider 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 Service Provider’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.

25. INDEMNIFICATION, HOLD HARMLESS & DEFENSE.

A. As a separate and independent covenant from Service Provider’s obligations under this section, Service Provider shall to the fullest extent permitted by law, immediately defend, indemnify, and hold harmless City, 370
Agreement No. 32600146

Page 10 of 39 ends

its legislative and advisory bodies, and the City’s officials, directors, officers, employees, and agents (the “Indemnitees”) from and against all liabilities regardless of nature, type, or cause, arising out of or resulting from Service Provider’s negligence or willful misconduct in the performance of the services described in this Agreement or failure to comply with any of its obligations contained in this Agreement, Service Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Service Provider’s obligation to indemnify and defend applies unless it is proven such liabilities covered by this Section are the result of negligence or willful misconduct of any of the Indemnitees.

B. The duty to defend is a separate and distinct obligation from Service Provider’s duty to indemnify. Service Provider shall be obligated to defend in all legal, equitable, administrative, or special proceedings, with counsel approved by the City Attorney, immediately upon tender to Service Provider of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation negligence or willful misconduct by any of the Indemnitees shall not relieve Service Provider from its separate and distinct obligation to defend the Indemnitees. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes the obligation to provide independent defense counsel if Service Provider asserts that liability is caused in whole or in part by the negligence or willful misconduct of the Indemnitees. If it is finally adjudicated that liability was caused by the negligence or willful misconduct of any of the Indemnitees, Service Provider may submit a claim to City for reimbursement of reasonable attorneys’ fees and defense costs.

C. The review, acceptance or approval of Service Provider’s work or work product by any of the Indemnitees shall not affect, relieve or reduce Service Provider’s indemnification or defense obligations. Service Provider waives any right of contribution against City or any of City’s officers, employees, agents, or volunteers arising out of such failure to inspect, review, monitor, or supervise the work performed by Service Provider pursuant to this Agreement. The provisions of this Section shall not be restricted by and do not affect the provisions of this Agreement relating to Section 26. The Service Provider’s obligations under this Section of the Agreement shall survive the termination of the Agreement. 371
Agreement No. 32600146

Page 11 of 39 ends

D. Service Provider agrees to pay all required taxes on amounts paid to Service Provider under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Service Provider shall be solely responsible for, and shall save City harmless from, all matters relating to the payment of Service Provider’s subcontractors, material suppliers, directors, officers, employees, agents and representatives, including compliance with social security requirements, federal and State income tax withholding, and all other regulations governing employer-employee relations, as applicable.

City shall have the right to offset against the amount of any compensation due to Service Provider under this Agreement any amount due to City from Service Provider as a result of its failure to promptly pay to City any reimbursement or indemnification arising under this Section.

26. INSURANCE. Service Provider 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 Service Provider obtain and maintain such insurance coverages. Such insurance must be issued by a company satisfactory to the Risk Manager. Service Provider 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 Service Provider is a material element of this Agreement. Service Provider’s failure to maintain or renew insurance coverages or to provide renewal evidence shall be considered a material breach of this Agreement.

27. LIVING WAGE REQUIREMENTS. During the term of this Agreement, Service Provider 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. Service Provider 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 duty to pay the correct wage is the responsibility of the Service Provider.

28. 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 372
Agreement No. 32600146

Page 12 of 39 ends

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.

29. CONFLICT OF INTEREST. Service Provider 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 Service Provider’s services under this Agreement. Service Provider further covenants that in the performance of services under this Agreement, no officer, employee or agent of Service Provider having such interest shall be employed by it. In the event the City determines that Service Provider must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Service Provider 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 Service Provider may result in termination of this Agreement by the City.

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

373
Agreement No. 32600146

Page 13 of 39 ends

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

31. SUBCONTRACTING. If Service Provider requires the assistance of a subcontractor to render any services under this agreement, Consultant shall obtain prior written consent from the City before a subcontractor performs any service pursuant to this Agreement. All subcontractors shall be identified in the Scope of Work or Task Order attached to this Agreement as Exhibit A. Service Provider is fully responsible for satisfactory completion of all its subcontractors’ work. All subcontractors shall be properly licensed and insured; and bonded, if applicable. Service Provider shall be responsible for all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with subcontractor’s performance pursuant to this Agreement or subcontractors failure to comply with any of its obligations in connection with this Agreement.

32. 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 Service Provider. The decision of the City’s Designated Representative shall be final and conclusive unless Service Provider requests mediation within ten (10) calendar days. Pending final decision of a dispute, the Service Provider shall proceed diligently with the performance of the Agreement and in accordance with the decision of the City’s Designated Representative.

33. 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 374
Agreement No. 32600146

Page 14 of 39 ends

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

34. AUDIT. City shall have the option of inspecting, auditing and/or reproducing all records and other written materials: used by Service Provider in preparing its billings to CITY as a condition precedent to any payment to Service Provider; or for other purposes relating to the Agreement. Service Provider will promptly furnish all documents requested by City. Additionally, if this Agreement is in excess of $10,000, the State Auditor may examine and audit Service Provider for a period of 3 years after final payment under the Agreement. Regardless of whether a State audit is permitted, Service Provider 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. Service Provider 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. Service Provider shall include a copy of this Section in all contracts with its subcontractors, and Service Provider 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.

35. ADVERTISING AND PUBLICITY. Service Provider 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.

36. NONDISCRIMINATORY EMPLOYMENT. Service Provider 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. Service Provider understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates.

For every subcontractor who will perform Services, Service Provider shall be responsible for such subcontractor’s compliance with this Section.

37. FORCE MAJEURE. Neither the Service Provider 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 375
Agreement No. 32600146

Page 15 of 39 ends

calamities, riots, or demands or requirements of governmental agencies other than the City.

38. 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.

39. 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.

40. 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.

41. 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.

42. AUTHORITY TO EXECUTE. Each Party hereto expressly warrants and represents that through its Designated Representative it has the authority to execute this Agreement on behalf of its corporation, partnership, business entity, or governmental entity, and warrants and represents that the Designated Representative has the authority to bind each Party to the performance of its obligations hereunder.

43. 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.

44. INCONSISTENT OR CONFLICTING TERMS. In the event of any contradictions or inconsistencies between any attached documents or exhibits incorporated by 376
Agreement No. 32600146

Page 16 of 39 ends

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

45. ACKNOWLEDGEMENT. By signing below, Service Provider acknowledges that it has reviewed the City’s General Services Agreement terms and conditions and insurance requirements and that Service Provider hereby agrees to full compliance.

[Signatures on next page]

377
Agreement No. 32600146

Page 17 of 39 ends

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 Synagro- WWT, Inc.

☐Luis A. Mc Arthur, Mayor2 Date Emil Kneis, Sales Support Manager Date ☐Jennifer Hiraoka,3
Purchasing Manager

Rhylee Callan, Contract Manager4 Date

ATTEST:

Lourdes A. López, CITY Clerk Date
(only if Mayor signs)

APPROVED AS TO FORM:

Stephen M. Fischer, CITY Date
Attorney (always required)

2 The City Council must authorize and the Mayor must execute any agreement over $220,000. 3 The Purchasing Agent may execute any authorized agreement up to $220,000. 4 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.

378
Agreement No. 32600146

Page 18 of 39 ends

EXHIBIT A

GENERAL SERVICE AGREEMENT
(City of Oxnard and Synagro-WWT, Inc.)

SCOPE OF SERVICES

PROJECT MANAGER: Sian Bashkiroff, Associate Engineer,
[email protected] , (805) 271-2204, (805) 833-9736

SUMMARY OF WORK

A) Digester Cleaning. Furnish all labor, materials, equipment, and incidentals necessary for removing and disposing of all grit, screenings, sludge, floatable material, etc., from the two digesters No. 1 and 3. Material shall be dewatered and disposed of at an approved facility. The disposal site shall meet all the legal, governmental and regulatory requirements. Purge both di gesters with nitrogen gas, prior to the WRRF returning these to service. The Service Provider shall coordinate all work phases with the WRRF staff.

1) Venting, emptying, dewatering, and cleaning Digester No. 1 with an internal diameter of 90 feet, and Digester No. 3 with an internal diameter of 110 feet.

2) Cleaning both digesters, including cleaning of interior walls, surfaces, floor, and roof, roof components, pipes, and miscellaneous items and appurtenances inside the digesters.

3) Once a digester is ready to return to service, the WRRF staff will fill it with liquid, and the Service Provider will purge air from the digester using nitrogen gas, after which WRRF will put the digester back in service.

B) Transport and Disposal. Service Provider shall satisfy the following operational conditions:

1) The City requires that the Service Provider use certified scales at the disposal site to accurately account for all grit, screenings, sludge, etc., delivered from the WRRF to the disposal site. Selected disposal site shall provide annual scale certificatio n to the City. Weight slips for each trailer load shall be submitted with the invoice.

Invoices shall include a spreadsheet indicating daily certified weight from each trailer.
379
Agreement No. 32600146

Page 19 of 39 ends

2) Selected disposal site shall have and maintain necessary environmental and regulatory permits and shall remain in good standing with the Environmental Protection Agency, State of California, and local agencies that regulate its activities.

3) No loaded trailer shall remain at the WRRF site longer than forty-eight (48) hours, without approval from the City.

C) Taking into full consideration the sequence of work, the Service Provider shall make proper allowances in the schedule to complete the wo rk within the allotted time, including all incidental and related work required to complete the Project.

WORK SEQUENCE

A) The WRRF staff shall prepare the digester tanks for the Service Provider, including removing as much of the digested sludge to the greatest extent possible, shutting down and locking out all the gas-related systems, shutting down and locking out all pumps, isolating and locking out the digester gas piping system. The cleaned digester shall be returned to service and be in stable operation before the cleaning of the next digester is initiated.

B) WRRF staff will empty Digester No. 3 to the greatest extent possible. The Service Provider shall vent, empty, dewater, and clean Digester No. 3.

C) The Service Provider is not allowed to use the WRRF’s dewatering and other equipment at any time.

D) Once Digester No. 3 is cleaned and ready to be returned to service, WRRF staff will fill the digester with liquid, likely non -potable plant water. The Service Provider shall then purge air from this digester using nitrogen gas, allowing it to be returned t o service. Next, WRRF staff will start seeding Digester No. 3 with the digestate from Digester No. 1 and returning Digester No. 3 to service. The digester would need to be in stable operation, before the Service Provider can start cleaning Digester No. 1. It is expected to take 1 to 3 months for Digester No. 3 to achieve stable operations, during which time the Service Provider will not be able to continue the work at the site.

E) WRRF staff will empty Digester No. 1 to the greatest extent possible. The Servi ce Provider shall vent, empty, dewater, and clean Digester No. 1. The Service Provider shall return to the site for this process within 5 days of receiving the notice from the WRRF that Digester No. 1 is ready for cleaning. Once Digester No. 1 is cleaned, the WRRF staff will fill it with liquid and the Service Provider shall purge air from Digester No. 1 using nitrogen gas, allowing it to be returned to service.

380
Agreement No. 32600146

Page 20 of 39 ends

SERVICE PROVIDER RESPONSIBILITIES

A) The Service Provider shall comply with all Federal, State, and local Codes. Such regulations apply to activities including, but not limited to, site work and zoning, building practices and quality, on and offsite disposal, safety, transportation, sanitation, nuisance, and environmental quality

B) Qualifications: Service Provider shall have at least five (5) years’ experience cleaning anaerobic digesters and dewatering municipal wastewater sludge.

C) Service Provider shall submit to the City for review and comm ent a written plan describing the procedures to be used for the sequence of the work and the procedure to be used to clean the digester. The plan shall include a time schedule, solids dewatering procedures, solids recovery to be achieved, and methods for r emoving solids from the digester. Service Provider shall not commence with digester cleaning until any comments to the written plan have been addressed to the satisfaction of the City.

D) The Service Provider shall provide all equipment for cleaning the dige ster including but not limited to pumps, sludge dewatering equipment, high pressure hoses, safety equipment, and lighting.

E) The Service Provider shall repair any damage that occurs when cleaning the digesters. Repairs shall be made to the satisfaction of the City.

F) The Service Provider shall take care to prevent spills and discharges of chemicals, filtrate, sludge(s), and cake to the ground, trenches, and State waters. Any spills and discharges shall be properly cleaned up and reported immediately to the City.

G) If any spills of the material described occur due to the Service Provider’s failure to maintain the temporary flow control system, the Service Provider shall be responsible for the cost of spill cleanup and any fines levied on the City by the State, Federal, or any other applicable agency.

H) OPERATION NOTIFICATION AND COORDINATION:

1) Coordinate all interfering portions of the project with the City Project Manager. All work shall be conducted in such a manner as to minimize the impacts to the Oxnard WRRF operations at the site. Oxnard WRRF operations are 24/7/365. The Service Provider s hall coordinate with WRRF staff to maintain an operating treatment system.

2) Lockout/Tagout: The City shall be responsible for performing all lockout/tagout (LOTO) procedures on system valves prior to the commencement of any work.

Service Provider shall not operate or tamper with any locked or tagged equipment.

381
Agreement No. 32600146

Page 21 of 39 ends

3) The Service Provider shall give notice of any system interruption to the City.

I) DIGESTER CLEANING

1) The cleaning, pumping, dewatering, and any additional systems required to complete the work shall be the Service Provider’s responsibility.

2) The Service Provider shall clean the digester by removing all liquid and solid material that has accumulated on the inside of the digester, including grit, grease, scum, floatable material, screenings, etc., to the satisfaction of the City. The Service Provider shall then dewater said material, load it, haul it away, and dispose of it at a permitted site. The Service Provider will need to determine where to dispose of digester contents as part of the scope.

3) The Service Provider shall pipe the filtrate from the dewatering device to the plant drain. The Service Provider is responsible for providing any fittings, valves, and other requirements for discharge to the plant drain. The Service Provider shall coordinate the exact discharge location with the City. Pumping may be necessary.

4) Plant water will be made available to the Service Provider to complete the service.

There are several plant water connections in the vicinity of the digesters for the Service Provider’s use. If pressure and volume are insufficient, the Service Provider shall provide booster pumping of plant water at their own expense.

J) DEWATERING DEVICES

1) The Service Provider is not allowed to use the plant dewatering equipment.

2) All dewatering devices shall be in good repair, and excessive breakdowns shall not constitute a justifiable reason for the extension of the Contract Time.

3) Material to be dewatered will be anaerobically digested sludge, including grit, grease, scum, screenings, floatable material, etc., ranging from 0.5% solids to 95% solids. The material may be stringy or excessively fibrous and may contain small rocks and gravel.

K) Pumps shall be capable of pumping anaerobically digested sludge, grit, grease, scum, screenings, floatable material, entrained gas, etc., and other debris normally present in wastewater. Pumping equipment shall be of adequate capacity to maintain appropriate flow to the dewatering devices.

L) The Service Provider shall keep the work site clean and free from rubbish and debris.

Materials and equipment shall be removed from the site when they are no longer necessary. Upon completion of the work and befo re final acceptance, the work site shall be cleared of equipment, unused materials, and rubbish to present a clean and neat appearance.
382
Agreement No. 32600146

Page 22 of 39 ends

M) The Service Provider shall limit the use of the premises for the performance of the work and storage of materials and equipment to allow for the WRRF use in operating and maintaining the plant. Other construction projects will be on -going during the preparation and cleaning period.

N) The Service Provider is responsible for the quality assurance and quality control of their respective work for the completion of this project.

O) The Service Provider shall monitor quality assurance over suppliers, manufacturers, products, services, site conditions, and workmanship, to complete the work.

P) The Service Provider shall assume full responsibility for the security of all materials and equ ipment stored on the site as well as the materials and equipment of any subcontractors.

Q) Coordinate with, schedule specified inspections by, and provide normal and customary assistance to the City Inspectors.

R) The Service Provider shall notify the City Project Manager, 72 hours in advance of the time it is necessary to take out of service any existing tank, pipeline, equipment, or structure. The Service Provider shall be responsible for providing whatever temporary piping, pumping, power, and control facili ties as are required to maintain continuous plant operation and complete treatment except as otherwise specified. The integrity of existing plant utilities shall be maintained by the Service Provider at all times.

S) SERVICE PROVIDER FURNISHED TESTING LABORATORY SERVICES

1) An independent commercial testing Laboratory acceptable to the City shall perform all tests that require the services of a laboratory to determine compliance with the scope of work. The Laboratory shall be staffed with experienced technician s, properly equipped, and fully qualified to perform the tests in accordance with the specified standards.

2) All the sampling bottles and collection tools for sludge sampling shall be provided by the Service Provider.

3) The Service Provider shall be responsible for all sample handling and testing costs.

4) The Service Provider’s testing Laboratory shall furnish three (3) copies of a written report of each test performed by Laboratory personnel. Distribution shall be two (2) copies of each test report to the City and one (1) copy for the Service Provider’s record.

5) The City will collect split samples and have the dewatered solids independently tested for verification of the Service Provider’s laboratory results. Payment will be based on the Service Provider’s laboratory results.
383
Agreement No. 32600146

Page 23 of 39 ends

T) TEMPORARY FACILITIES AND UTILITIES:

1) The Service Provider shall submit power requirements for equipment required to complete the work. The WRRF will provide the power to the greatest extent possible. If power requirements can be met by the WRRF, the Service Provider shall coordinate with the City for power takeoff points, voltage and phasing requirements. The Service Provider shall also provide any special connections required for his work. If the WRRF cannot meet power requirements the Service Provider shall make arrangements to provide temporary power.

2) The Service Provider shall provide toilet and wash-up facilities for the workforce at the site of work. The facilities shall comply with applicable laws, ordinances, and regulations pertaining to the public health and sanitation of dwellings and camps.

SAFETY

A) Air Pollution Control: The Service Provider shall not discharge smoke, dust, and other contaminants into the atmosphere that violate the regulations of any legally constituted authority. Service Provider shall also abate dust nuisance by cleaning, sweeping, and sprinkling with water, or other means as necessary. The use of water, in amounts which result in mud on public streets, is not acceptable as a substitute for sweeping or other methods.

B) The Service Provider shall be responsible for all safety issues including work safety, maintaining gas concentrations in the digester below the lower explosive limit, and preventing damage to the City’s facilities.

C) Service Provider is responsible for a safe working environment. Digester gas can form an explosive mixture with air. Tanks shall be ventilated by the Service Provider by forced air. Sufficient ventilation rate shall be provided to prevent an explosion hazard inside the tank and surrounding work areas. The Service Provider shall provide a portable combustion gas analyzer and demonstrate a safe environment before commencing with any work. The Service Provider is required to measure and record combustible gas readings, including but not limited to m ethane, before entering the digester, confined spaces as defined by 29 CFR Part 1926, “Confined Spaces in Construction,” or other areas where atmospheric conditions might be unsafe for working without proper equipment or controls. No smoking is permitted, and spark- proof tools shall be used as deemed necessary by the City.

D) The Service Provider is solely responsible for the safety of all work and activities performed on-site by the Service Provider and the Service Provider’s Subcontractors, suppliers, manufacturers, and testing firms performing Work required by the Contract Documents.

E) The work includes working inside a confined space, Class I, Division 1, Group D. 384
Agreement No. 32600146

Page 24 of 39 ends

F) Service Provider shall provide a copy of their emergency response plan for spills and other contingencies.

MEASUREMENT AND PAYMENT

A) The following subsections describe the measurement of and payment for the work to be done under the items listed in the Bid . Each unit or lump sum price stated in the Bid shall constitute full compensation as herein specified for each item of work completed, including all services, labor, equipment, tools, transportation, materials, and supplies. The prices shall also include full submittals for samples; recording and submitting data incidental to each item; and for performing all required tests. No other payments for any specified or indicated work nor for any work implied therefrom shall be made. All items of work not specifi ed as pay items shall be considered incidental, and costs shall be assumed to be included in the Bid Price for the associated items.

B) Where unit quantities are stated in the Bid Schedule, the quantities stated in the Bid are approximate only.

C) MOBILIZATION/DEMOLIZATION (BID ITEM 1)

1) Mobilization includes cost of insurance, obtaining permits, setting up site offices and storage facilities, temporary utilities, project management and administration, and all other costs related to mobilization.

2) Demobilization includes removal of temporary facilities and equipment, site cleanup and final contract closeout costs. All costs not included in the price for mobilization/demobilization shall be assumed to be distributed among the other bid items. No additional payment will be paid for any mobilization or demobilization cost not included in the bid price for this item as a lump sum price.

3) Mobilization and Demobilization is a lump sum bid for mobilization/ demobilization and shall not exceed fifteen percent (15%) of the Total Bid price.

D) DIGESTER NO. 1 AND 3 DISPOSAL (BID ITEM 2)

1) The unit price for this item shall be the quantity of dry tons removed from the site for final disposal. Payment will be calculated by multiplying the weight of wet material (in tons), as determined from certified weight slips from the disposal site by the percent solids of the disposed solids. To determine the percentage of solids, a representative sample of the disposed waste will be taken by the Service Provider and WRRF personnel, in the presence of the Service Provider, prior to hauling each trailer to the approved disposal site. The sample will be analyzed for percent solids in accordance with Method 2540 B of Standard Methods for the Examination of Water and Wastewater, latest edition, by an independent and accredited environmental laboratory.
385
Agreement No. 32600146

Page 25 of 39 ends

2) The Service Provider shall submit documentation of the approved disposal site prior to the removal of digester contents.

E) DIGESTER NO. 1 AND 3 CLEANING (BID ITEMS 3 AND 4)

1) The lump sum price for this item shall constitute full compensation for Digester Cleaning. Furnish all labor, materials, equipment, and incidentals necessary and, complete the removal of all grits, screenings, sludge, floatable, etc. from the two digesters, dewatering the contents, and final cleaning of the empty digester.

386
Agreement No. 32600146

Page 26 of 39 ends

EXHIBIT B

GENERAL SERVICE AGREEMENT
(City of Oxnard and Synagro- WWT, Inc.)

SCHEDULE OF COMPENSATION

387
Agreement No. 32600146

Page 27 of 39 ends

EXHIBIT C

GENERAL SERVICES AGREEMENT
(City of Oxnard and Synagro- WWT, Inc.)

INSURANCE REQUIREMENTS

Prior to contract approval, CONSULTANT/SERVICE
PROVIDER/SELLER/BIDDER (hereafter referred to as “SERVICE PROVIDER”) 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.

388
Agreement No. 32600146

Page 28 of 39 ends

389
Agreement No. 32600146

Page 29 of 39 ends

390
Agreement No. 32600146

Page 30 of 39 ends

391
Agreement No. 32600146

Page 31 of 39 ends

392
Agreement No. 32600146

Page 32 of 39 ends

393
Agreement No. 32600146

Page 33 of 39 ends

EXHIBIT D

GENERAL SERVICES AGREEMENT
(City of Oxnard and Synagro- WWT, Inc.)

[RESERVED]

394
Agreement No. 32600146

Page 34 of 39 ends

EXHIBIT E

GENERAL SERVICES AGREEMENT
(City of Oxnard and Synagro- WWT, 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 trade services contracts and all unique trade servi ces contracts governed by the Living Wage Policy.

A. Service Provider shall compensate any employee of Service Provider 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 Agr eement is in effect, Service Provider 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, Service Provider shall provide to such employee no less than 96 hours of paid leave per calendar year.

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

D. In addition, if Service Provider fails to comply with the Living Wage Policy in any manner, Service Provider 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 compensatio n owed to such
employee under the Living Wage Policy. Service Provider shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to Service Provider of the amount owed.

395
Agreement No. 32600146

Page 35 of 39 ends

CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2024

Service Provider shall compensate any employee of Service Provider 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, Service Provider 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 Jul y 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 ye ar to May of the current year. In addition, while this Agreement is in effect, Service Provider shall provide to such employee no less than 96 hours of paid leave per calendar year.

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

c. In addition, if Service Provider fails t o comply with the Living Wage Policy in any manner, Service Provider 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. Service Provider shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to Service Provider of the amount owed.

396
Agreement No. 32600146

Page 36 of 39 ends

Oxnard City CouncilNovember 3, 2025

Oxnard City Council
November 3, 2025