EXCLUSIVE NEGOTIATION AGREEMENT
This Exclusive Negotiation Agreement (“Agreement”) is made and entered into in the County of Ventura, State of California, effective this _____ day of March 2026, by and between the City of Oxnard, a California municipal corporation (“City”) and Dynamic Real Estate Partners LLC, a California limited liability company (“Developer”). The City and Developer shall be referred to as the “Parties.”
A. The City currently owns the following three (3) properties designated as Assessor Parcel Numbers (APN) 132-0-033-010 (“Property”) and 132-0-311-065 and 132-0-311-075 (“Adjacent Property 1”) located in the City of Oxnard. The Developer’s successor-in-interest is the owner of the following property designated as APN 132-0-033-105 (“Adjacent Property 2”) in Oxnard. The Property, Adjacent Property 1, and Adjacent Property 2 are depicted and described in Exhibit A, attached hereto and incorporated herein by this reference.
B. The Developer wishes to pursue the development of the Property as a high-quality commercial development use project that would contribute to the optimum development of the Property.
C. Pursuant to the terms of this Agreement, the City wishes to grant an exclusive period of time for the Developer to consider the development of the Property and to negotiate necessary agreements with the City for the acquisition and subsequent development of the Property. City shall retain ownership of Adjacent Property 1.
NOW, THEREFORE, in consideration of the foregoing Recitals, which are hereby incorporated into the operative provisions of this Agreement by this reference and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the City and the Developer agree as follows:
1. Exclusive Negotiation Regarding the Properties
a. The City and the Developer agree to negotiate in good faith for a period beginning on the date of this Agreement and ending twelve (12) months thereafter (the “Negotiation Period”) regarding the Developer’s acquisition and development of the Property for a commercial development on the Property. The City and the Developer may extend the Negotiation Period for one (1) twelve (12) month extension by an agreement in writing executed by the Developer and the Housing Director. The Housing Director may administratively approve and execute any such extension of the Negotiating Period. The parties agree that the objective of their negotiations is to discuss and prepare a disposition agreement(s) to be considered for execution between City and Developer, in the manner set forth herein, with respect to the acquisition and development of the Property. The negotiations may include discussions concerning the terms of a disposition agreement(s), potential tenants, and the project entitlement process. With this Agreement, the City does not make any commitments regarding: a disposition agreement(s) to be considered for execution between City and Developer, in the manner set forth herein, with respect to the 170
acquisition and development of the Property. The negotiations may include discussions concerning the terms of a disposition agreement(s), potential tenants, and the project entitlement process. With this Agreement, the City does not make any commitments regarding:
i. Its ability or desire to enter into any agreement regarding the Developer’s possible acquisition and development of the Property; or ii. Whether the City will make the finding necessary for the disposition of publicly owned property.
b. During the Negotiation Period, the Developer may complete certain predevelopment studies and activities related to the development of the Property, which predevelopment studies and activities shall include (but are not limited to) the following:
i. Developer’s documentation of how the proposed development will improve the local economy and expand the City’s tax base;
ii. Developer’s commitment to work in coordination with City staff to process an application to request an amendment to the City’s Riverpark Specific Plan (RPSP) to ensure the proposed development is consistent with the RPSP. Developer acknowledges that this process may take a minimum of nine (9) months;
iii. Prepare and submit a Pre-Development Advisory Committee (Pre-DAC) application to the City for consideration of the proposed development; iv. Prepare a site plan, renderings, and designs for the project that is proposed to be constructed on the Property;
v. Develop a conceptual framework for an easement and/or access agreement between Developer and the owner and owner’s lessee(s) for Adjacent Property 1 and 2 as depicted and described in Exhibit A; and
vi. Negotiate with the City for the acquisition of the Property and preparation of necessary disposition documents.
c. Nothing herein is intended to prohibit the City from furnishing any information concerning the Property which it may be required by law to furnish or which it would otherwise normally furnish to persons requesting information concerning the City’s activities, goals, and matters of a similar nature.
d. The City agrees that, to the fullest extent permitted by applicable law, the Developer shall be and hereby is granted an exclusive role as "developer" for the Property for the purposes described herein for the Negotiation Period. In furtherance of the foregoing, during the term of this Agreement, the City agrees not to engage another person or entity as "developer" (or any 171
similar role) or to cause or allow any such engagement with respect to the Property for the purposes described herein.
2. Independent Consideration. Developer shall make a good-faith deposit of $5,000, which becomes nonrefundable 90 days from the effective date of this Exclusive Negotiation Agreement.
City agrees and acknowledges this is good and sufficient consideration for Developer’s right to terminate this Agreement at any time for any reason or no reason. It is the express intent of the parties hereto that this Agreement shall not be void or voidable for lack of mutuality.
3. Limitation on Remedies for Breach or Default and Release of Claims
a. The Parties would not have agreed to any part of this Agreement if they and/or their respective officers, officials, employees, and agents were collectively or separately liable to the other for any amount of monetary damages or other remedies. Accordingly, the Parties acknowledge and agree that the other party’s exclusive right and remedy upon any breach or default as set forth in this Agreement is to terminate this Agreement. The Parties each acknowledge that it is aware of the meaning and legal effect of California Civil Code Section 1542, which provides:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
b. Civil Code Section 1542 notwithstanding, it is the parties’ intention to be bound by the limitation on remedies set forth in this Section, and the Parties hereby release any and all claims against the other and their respective officers, officials, employees, and agents for monetary damages or other legal or equitable relief, whether or not such released claims were known or unknown to such Party as of its entry into this Agreement. The Parties hereby waive the benefits of Civil Code Section 1542 and all other statutes and judicial decisions (whether state or federal) of similar effect.
4. Notices, Demands, and Communications between the Parties. Formal notices, demands, and communications between the City and the Developer shall be sufficiently given if dispatched by registered or certified mail, postage prepaid, return receipt requested, an overnight mail service (with signature for delivery required), by electronic delivery, or by courier not affiliated with the sender at the cost of the sending party with written evidence of receipt, to the principal offices of the City or the Developer as designated below. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate, by mail as provided in this Section.
If to City: 435 S. D Street
Oxnard, California 93030
Attn: Housing Director
172
With a copy to: 305 W. Third Street
Oxnard, California 93030
Attn: City Attorney and General Counsel
If to Developer: Dynamic Development Co
11777 San Vicente Blvd. Suite 800
Los Angeles, CA 90049
Attn: Carter Crouch
With a copy to: Dynamic Development Co
11777 San Vicente Blvd. Suite 800
Los Angeles, CA 90049
Attn: Jeffrey Adelman, Esq.
5. Access and Information. Developer and its agents or representatives shall have the right to enter upon the Properties at any reasonable time and with a minimum of 24 hours prior notice during the term of this Agreement for any lawful purpose in furtherance of the feasibility analysis or development of the Properties including, without limitation, verification of information, and conducting investigations, tests and studies. Upon the Developer’s request, the City shall promptly furnish to the Developer all material information within its possession or control concerning the Properties, including without limitation, copies of all topographical surveys, environmental reports, engineering studies, soil-bearing test data, and any similar reports and studies with respect to the Properties. Developer shall indemnify, defend and hold the City harmless from any and all third-party claims, demands, losses, actions, liabilities, causes of action or judgments, including reasonable attorney’s fees, which the City may incur or be required to pay by reason of Developer’s entry onto the Properties and activities conducted thereon by the Developer or its agents, employees, contractors or consultants, including, without limitation, any damages, injury or death to any person or property suffered by any person, firm or corporation, except that Developer shall have no indemnification obligation with respect to damages, injury or death sustained by any person or entity not acting on behalf or under the authority of Developer.
Notwithstanding any other provision of this Agreement, the Developer shall have no liability to the City or any other party by reason of, nor shall the Developer have any duty to indemnify, defend or hold any person harmless from or against, any claim, demand, damage, loss, action, liability, cause of action or judgment, including without limitation, any claim for diminution in value of the sites or for environment remediation or clean-up costs, arising out of or in connection with the mere fact of having discovered and/or reported any adverse physical condition, title condition or other condition or defect with respect to the any of the Properties.
6. Authority to Sign. The Parties hereby represent and warrant to the other that the individuals executing this Agreement have full authority to do so and to bind its principal to perform pursuant to the terms and conditions of this Agreement.
7. Miscellaneous Provisions
173
a. The parties shall generally cooperate with each other and supply such documents and information as may be reasonably requested by the other to facilitate the conduct of the negotiations and performance of the activities undertaken pursuant to Section 1(b) above.
b. This Agreement is for the sole purpose of agreeing to a period of exclusive negotiations with the Developer. The City shall prepare such public notices and schedule such public hearings, in accordance with applicable law, as may be necessary for the consideration by the City of any terms which may be agreed upon between the City staff and the Developer. The Developer expressly acknowledges and agrees that the City will not and cannot be bound by any statement, promise or representation made by the City staff during the course of negotiations of an agreement and that the City may be legally bound only upon the subsequent approval of the agreement(s) by the City Council, as applicable and appropriate, in accordance with applicable law.
c. If at any time during the Negotiation Period, the Developer elects not to proceed with the acquisition and development of the Property, the Developer may, by written notice to the City, terminate this Agreement for any reason or no reason. In the event the Developer terminates this Agreement or the parties fail to execute one or more agreements regarding the sale of the Property and the development thereof, the parties shall not have any obligations or duties hereunder and no liability whatsoever.
d. The Developer expressly acknowledges and agrees that the City has not agreed to fund, subsidize or otherwise assist the Developer in connection with the proposed development of the Property.
e. The Developer expressly acknowledges and agrees that the City will not be exercising its respective powers or eminent domain for the acquisition of any properties adjacent to the Property.
f. By agreeing to enter into this Agreement, the City is not committing or agreeing to undertake any acts or activities requiring the subsequent independent exercise of discretion by the City Council.
g. The prevailing party in any action or proceeding arising out of or relate to this Agreement shall be entitled to recover its attorney’s fees as part of costs. h. This Agreement represents the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether oral or written, between the parties with respect to the matters contained in this Agreement. i. The section headings contained in this Agreement are for convenience and identification only and shall not be deemed to limit or define the contents to which they relate. 174
j. This Agreement and any modifications hereto may be executed in any number of counterparts with the same force and effect as if executed in the form of a single document. k. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought.
l. All parties to this Agreement declare that, prior to the execution of this Agreement, they have informed themselves of sufficient relevant data, either through experts or other sources of their own selection, and have sought and obtained legal counsel, in order that they might intelligently exercise their own judgment in evaluating the contents of this Agreement and making the decision to execute it. The parties each represent and acknowledge that in executing this Agreement, they do not rely and have not relied upon any representation or statement not set forth herein made by any other party to this Agreement or their respective legal counsel with regard to the subject matter, basis or effect of this Agreement. m. The provisions of this Agreement shall be liberally construed to effectuate its purpose. The language of this Agreement shall be construed simply according to its plain meaning and shall not be construed for or against any party, as each party has participated in the drafting of this Agreement and has had its legal counsel review it. Whenever the context and construction so require, all words used in the singular shall be deemed to be used in the plural, and vice versa.
n. This Agreement shall be binding on and shall inure to the benefit of the parties and their respective legal representatives, successors, and assignees. o. The validity and interpretation of this Agreement shall be governed by the laws of the State of California without giving effect to the principles of conflict of laws. p. All individuals executing this and other documents on behalf of the parties certify and warrant that they have the capacity and have been duly authorized to so execute the documents on behalf of the entity so indicated.
q. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor.
r. Any provision of this Agreement, which shall prove to be invalid, void, or illegal, shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect.
s. No amendment, change, or addition to, or waiver of termination of, this Agreement or any part hereof shall be valid unless in writing and signed by the City and the Developer.
175
[Signatures on following page]
176
CITY OF OXNARD DEVELOPER
_______________________________ _______________________________ Luis A. Mc Arthur Carter Crouch
Mayor Managing Director, Dynamic Real
Estate Partners LLC
ATTEST:
______________________________
Lourdes A. López
City Clerk
APPROVED AS TO FORM:
___________________________
Stephen M. Fischer
City Attorney
177
178
Exclusive Negotiation Agreement Between the City of
Oxnard and Dynamic Real Estate Partners, LLC
Brenda Lopez, Director
Housing Department
City Council
March 3, 2026
179
1. On February 1, 2022 the City Council declared surplus 53 properties, including the undeveloped site (APN: 132-0-033-010) located between U.S. 101 and Riverpark Boulevard, West of the East Vineyard Avenue and Riverpark Boulevard intersection (“Property”).
2. After complying with the Surplus Land Act (“SLA”) to offer the property to the preferred public and affordable housing buyers, a transaction did not materialize.
3. During the SLA process two commercial development proposals were received. The City Council authorized negotiations with one of the proposers, however; a transaction did not materialize.
4. Since all requirements of the SLA process are met, the City may now dispose of the Property as deemed appropriate.
BACKGROUND
2 180
PROPERTY
3 The Subject Property is
Site 3.
181
4 DISCUSSION
1. To facilitate the disposal of the Property, Coldwell Banker Richard Ellis (“CBRE”) was engaged to conduct outreach and marketing to identify a developer interested in the property.
2. Dynamic Real Estate Partners LLC (“Dynamic”), the developer of the adjacent property, expressed interest and submitted a Letter of Intent to acquire and develop the Property for commercial use, consisting of two (2) commercial buildings totaling 4,000 square feet.
3. Dynamic is an established developer with over 50 years of experience in retail and multi-family development and a portfolio of over 1,500 projects comprising 7,500,000 square feet. 182
5 EXCLUSIVE NEGOTIATION AGREEMENT
1. Housing Staff recommends executing an Exclusive Negotiation Agreement (“ENA”) with Dynamic for a term of twelve (12) months which may be extended once for an additional twelve (12) months to negotiate and prepare a disposition agreement.
2. If the City Council approves the ENA, City Staff will begin negotiations with Dynamic to determine the price and terms under which Dynamic would acquire and develop the Property.
3. The requested action only authorizes the City to negotiate with Dynamic; it does not approve a project for the Property.
4. Final approval of the disposition agreement is subject to City Council approval, while any proposed development is subject to the City’s land use approval process. 183
1. Separately, while negotiations are underway, staff intends to bring an amendment forward for consideration to amend the Riverpark Specific Plan (“RPSP”) to replace the public facilities designation currently on the site with commercial: regional.
2. The public facilities designation was placed on the site on July 20, 2009 through Amendment 8 to the RPSP to allow the Public Works Department to develop an administrative office and maintenance facility, which was never built. Previously the site was designated commercial:
regional.
3. Approval of the ENA would not presuppose any City Council action on the proposed specific plan amendment.
EXCLUSIVE NEGOTIATION AGREEMENT
184
RECOMMENDATION
7 That the City Council authorize the Mayor to execute an Exclusive Negotiation Agreement with Dynamic Real Estate Partners, LLC regarding an undeveloped site (APN: 132-0-033-010) located between U.S. 101 and Riverpark Boulevard, West of the East Vineyard Avenue and Riverpark Boulevard intersection (Property).
185
End of Presentation
186
CITY COUNCIL AGENDA REPORT
REPORTS
AGENDA ITEM NO. N.3
DATE: March 3, 2026
TO: City Council
FROM: Michael Wolfe, Public Works Director, (805) 385-8055, [email protected] SUBJECT: Ratify an Emergency Order and Approve a Public Project Agreement with Toro Enterprises, Inc. for Two Emergency Repairs on a Water Main Near 800 E Pleasant Valley Rd in an amount not to exceed $260,000.
RECOMMENDATION
That the City Council review and ratify the following:
1. The Director of Public Works’ emergency order to dispense with public bidding requirements pursuant to Public Contract Code section 22050, to make emergency repairs to the City’s water distribution system;
2. Authorize the City Manager to execute an emergency Public Project Agreement with Toro Enterprises, Inc. for a total amount not to exceed $260,000.00 for Two Emergency Repairs on a Water Main near 800 E Pleasant Valley Rd; and
3. The Director of Public Works’ declaration of the termination of the emergency order to dispense with public bidding requirements pursuant to Public Contract Code section 22050, to make emergency repairs to the City’s water distribution system.
(This item did not originate in Committee.)
Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/sdeZszzFdd4
BACKGROUND
Oxnard City Code Section 4-30(B)(5) authorizes the Director of Public Works to order or take any directly related and immediate action required in an emergency without giving notice for bids to let contracts for a public project, in conformity with Public Contract Code section 22050.
On February 3, 2026, a 12-inch cast-iron water main break occurred near 800 E Pleasant Valley, causing a sinkhole, localized flooding, and asphalt damage. The westbound lanes on E. Pleasant Valley Rd. were closed, and traffic was redirected.
On February 8, 2026, a second main break occurred approximately east of the previous main break. The second main break was 6 inches in diameter and required the replacement of 20 feet of the water main.
The circa 1964 water main is a cast-iron pipe, and over time, from normal wear and tear, is susceptible to breaks. These water main breaks created emergencies that required immediate action, which was ordered and directed by the Director of Public Works.
To ensure immediate completion of the work initiated by Water Division staff, Toro Enterprises, Inc. was contacted on an urgent basis to assist with the required repairs on the 12-inch cast iron water main. Toro completed the repairs to include 187
the use of sand, slurry, paving, and pavement markings of the roadway on both lanes going westbound on Pleasant Valley Road.
On February 4, 2026, Toro submitted an initial estimate for the February 3rd main break in the amount of $123,151.00, indicating the work would exceed $100,000. On February 5, 2026, Toro submitted a revised estimate with a sub-total of $149,647.80. The increase reflected the additional costs associated with the late-night work required to complete repairs and reopen Pleasant Valley Road to traffic.
On February 10, 2026, Toro submitted an estimate for the February 8th main break, with a sub-total of $94,975.75, which includes the above-ground pavement work.
The first available City Council meeting after receiving the final estimated cost from Toro is March 3, 2026.
DISCUSSION
The provisions of the Purchasing Ordinance allow emergency work to proceed without competitive bidding, subject to certain requirements. Pursuant to Oxnard City Code Section 4-30 and Public Contract Code §22050, the Director of Public Works may order any emergency action required to repair or replace any public facility without adopting plans, specifications, working details, or giving notice for bids to let contracts. Such work may be performed by City Staff or a Contractor, or a combination of the two. In this case, the emergency repair work was performed by both City Staff and a third-party contractor, Toro.
A Public Project Agreement with Toro Enterprises, Inc., for a total amount not to exceed $260,000.00 for the Two Emergency Repairs on the 12-inch cast iron Water Main near 800 E Pleasant Valley Rd is required to comply with the City’s Purchasing Ordinance 3053. The request is for $260,000.00, slightly above the current estimated amounts from Toro, in case any final adjustments to work quantities are required once all time and material tickets and/or material delivery tickets are available and reviewed by water staff for completeness.
As of the date of this report, the water main breaks that caused the two separate emergency circumstances have ceased, and no further emergency action is required at this time.
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 the Public Project Agreement with Toro Enterprises, Inc., shall not exceed $260,000.00 for Emergency Repairs on a Water Main near 800 E Pleasant Valley Rd. Funds are available in the Water Operating Fund 601 (6013600- 53200) for this Agreement.
COMMITTEE OUTCOME
This item did not originate in Committee per the City Council Committee Bylaws Resolution 15,851, Article II, Section D.3.c as this is an urgency item.
Prepared by: Chris Peyton, Water Division Manager
ATTACHMENTS
1. Toro February 3, 2026 Estimate for First Main Break
2. Toro February 5, 2026 Updated Estimate for First Main Break
3. Toro February 10, 2026 Estimate for Second Main Break
4. Presentation
188
189
190
191
192
Date:
FROM: OF:
To:
X X =
X X =
X X =
X X =
X X =
X X =
X X =
X X =
X X =
X X =
X X =
X X =
X X =
X X =
X X =
X X =
X X =
LABORER
SUPERINTENDENT
LABOR DOUBLE TIME
$ 981.66
$ -
NON-SCHEDULED - URGENT
REPAIR WORK ESTIMATE
TO BE COMPLETED BY CONTRACTOR & SUBMITTED TO CITY
2 17
6 18
1 2
$ 8,983.48
BRIEFLY DESCRIBE THE LOCATION & WORK PERFORMED:
$ 306.07
$ 264.22
$ 196.40
$ 327.21
FOREMAN
OPERATOR
LABORER
SUPERINTENDENT
BRETT FRANKLIN
CHRIS PEYTON
2/10/2026
FOREMAN
OPERATOR
LABORER
SUPERINTENDENT
RATES BELOW ARE AS STATED IN THE CONTRACT, AND ARE NOT SUBJECT TO ESCALATION
OR NEGOTIATION
MON‐FRI
8AM‐5PM
HOURLY RATE
WORKERS x HOURS
x HOURLY
LABOR STRAIGHT TIME RATE
NUMBER OF
WORKERS HOURS
Name of Estimator Contractor
Name of Project Manager, City of Oxnard Division
WATER MAIN REPAIR EAST OF WEST OF ROSE AVE
$ 2,754.72
$ 6,341.76
$ 6,284.80
TORO ENTERPRISES, INC.
FOREMAN
$ 153.04
$ 132.12
$ 98.20
$ 163.61
MON‐FRI
5:01PM ‐ 7:59 AM
$ 229.56
1 16
16 6
LABOR OVER TIME
3 4
1 NUMBER OF
WORKERS HOURS
$ 53,027.37
WORKERS x
HOURS x
HOURLY
RATE
WORKERS x
HOURS x
HOURLY
RATE
$ 21,211.20
$ 654.42
$ -
$ -
$ -
$ 198.16
$ 147.30
$ 245.41
TORO WAS CALL OUT ON SUNDAY 2/8/26 ON ANOTHER
MAIN BREAK AT PLEASANT VALLEY RD WEST OF ROSE AVE. BROKE OUT ASPHALT,SETUP 4'' PUMP AND MADE REPAIR
POURED NEW CURB AND PAVED AFFECTED AREA
Project Name
WATER
ROCK WAS BROUGHT IN TO STABLIZE THE BOTTOM OF THE PIPE ZONE. ONCE STABLIZE, SAND,BASE & COLD PATCHED.
OPERATOR
18 NUMBER OF
WORKERS HOURS
SAT, SUN,
HOLIDAYS
2 35 $ 63.44
LABOR TOTAL:
QUANTITY x
HOURS x
HOURLY RATE
1 19 $ 5,815.33
EQUIPMENT QUANTITY HOURS
HOURLY RATE
Air Compressor 1 8 $ 24.40 $ 195.20
Service Truck 2 35 $ 48.80 $ 3,416.00
Backhoe Caterpillar 420 or $ 4,440.80
Bobtail Dump Truck 2 35 $ 51.24 $ 3,586.80
150 GPM Pump w/20-ft hose $ 9.76 $ -
193
X X
X X =
X X =
X X =
X X =
X X =
X X =
X X =
X X =
X X =
X X =
X X =
X X =
X X =
X X =
MISC. WORK TOTAL:
SUBCONTRACTORS ESTIMATE (10% MARKUP PERMITTED BY CONTRACT) NOTE: Itemized Subcontractor quote will be required with the invoice. $ 506.32
ESTIMATE TOTAL: $ 94,975.75
$ 506.32
$ -
$ -
$ -
$ -
4" Discharge Pump
6" Discharge Pump
8" Discharge Pump
12" Discharge Pump
16" Discharge Pump
MATERIALS ESTIMATE (10% MARKUP PERMITTED BY CONTRACT)
NOTE: Itemized materials list will be required with the invoice. $ 18,000.00 $ 1,073.63
$ 1,073.63 $ -
$ 774.72
PER DAY RATE
$ 39.04
$ -
MISC. WORK QUANTITY TOTAL DAYS
24" Discharge Pump
1 1
$ 1,073.63
QUANTITY x
DAYS x PER DAY
RATE
$ 506.32
$ 652.72
Traffic Control- No Flaggers, 8
Hour Day
Traffic Control, Number of
Flaggers, Regular 8 Hour Day 1 18
$ 217.29
$ 3,911.22
Traffic Control, Number of
Flaggers, Over Time 8 Hour Day
$ 325.93
$ -
Traffic Control, Number of
Flaggers, Double Time 8 Hour
Day
1 18
$ 434.58
$ 7,822.44
Stihl TS 500 of Equal Saw 1 8 $ 8.70 $ 69.60
Pumper Truck 120 Barrel
DoubleTime
$ 399.68
$ -
EQUIPMENT TOTAL: $ 23,442.06
Multiquip MTX70 or Equal $ 11.03 $ -
Pumper Truck 120 Barrel Reg
Time
$ 253.29
$ -
Pumper Truck 120 Barrel Over
Time
$ 330.90
$ -
194
Ratify an Emergency Order and Approve a Public
Project Agreement with Toro Enterprises, Inc. for
Two Emergency Repairs on a Water Main Near
800 E Pleasant Valley Rd in an amount not to
exceed $260,000
City Council
March 3, 2026
Chris Peyton, Water Division Manager
195
That the City Council review and ratify the following:
1. The Director of Public Works’ emergency order to dispense with public bidding requirements pursuant to Public Contract Code section 22050, to make emergency repairs to the City’s water distribution system;
2. Authorize the City Manager to execute an emergency Public Project Agreement with Toro Enterprises, Inc. for a total amount not to exceed $260,000.00 for Two Emergency Repairs on a Water Main near 800 E Pleasant Valley Rd; and
3. The Director of Public Works’ declaration of the termination of the emergency order to dispense with public bidding requirements pursuant to Public Contract Code section 22050, to make emergency repairs to the City’s water distribution system.
Recommendation 2
196
• Oxnard City Code Section 4-30(B)(5) authorizes the Director of Public Works to order or take any directly related and immediate action required in an emergency without giving notice for bids to let contracts for a public project, in conformity with Public Contract Code section 22050.
• On February 3, 2026, a 12-inch cast iron water main break occurred near 800 E.
Pleasant Valley Rd, causing a sinkhole, flooding, and asphalt damage. • The westbound lanes on E. Pleasant Valley Rd. were closed, and traffic was redirected.
BACKGROUND 3
197
BACKGROUND
4 • On February 8, 2026, a second main
break occurred east of the previous
main break.
• The second main break was 6 inches
in diameter and required the
replacement of 20 feet of the water
main.
• The circa 1964 water main is a
cast-iron pipe, and over time, from
normal wear and tear, is susceptible
to breaks.
• These water main breaks created
emergencies that required
immediate action, which was
ordered and directed by the
Director of Public Works.
198
• For immediate completion of the work
initiated by Water Division staff, Toro
Enterprises, Inc. was contacted on an
urgent basis.
• Repairs were made on the 12 inch cast
iron water main.
• Repairs include use of sand, slurry, paving,
and pavement markings of the roadway on
both lanes going westbound on Pleasant
Valley Rd.
• The estimated cost for repairs exceeded
$100k.
• March 3, 2026 is the first available City
Council meeting after receiving the
estimated cost from Toro.
BACKGROUND
5 199
• Staff is proceeding with a stand-alone emergency public project agreement with a not to exceed of $260,000 under Section 4-30 of the City’s purchasing policy and Public Contract Code §22050. • These provisions allow emergency work to proceed without competitive bidding, subject to specific requirements.
• As of the date of this report, the water main break that caused the emergency circumstances has ceased and no further emergency action is required at this time.
DISCUSSION 6
200
• The total cost for the Public Project Agreement with Toro Enterprises, Inc., for a total amount not to exceed $260,000.00 for Emergency Repairs on a Water Main near 800 E Pleasant Valley Rd.
• The request is for $260,000.00 slightly above the current estimated amount from Toro, in case any final adjustments to work quantities are required once all the time and material tickets and/or material delivery tickets are available and reviewed by water staff for completeness.
• Funds are available in the Water Operating Fund 601 (6013600-53200) for this Agreement.
FINANCIAL IMPACT 7
201
QUESTIONS?
8 202