PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF OXNARD AND HAZEN AND SAWYER
By This Professional Services Agreement (“Agreement”), the City of Oxnard (“City”) agrees to engage the Services of Hazen and Sawyer “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.”
RECITALS
WHEREAS, Consultant represents that it is fully qualified and licensed to perform the consulting and/or professional Services required for performance under this Agreement by virtue of its experience and the training, education, and expertise of its principals and its employees; and
WHEREAS, in light of the facts set forth above, the City desires to retain Consultant to provide comprehensive design services and engineering support during construction for the new Interstage Pump Station Project C2544 on an independent contractor basis in accordance with the terms and provisions set forth in this Agreement.
NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS,
AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND
VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:
1. The Recitals set forth above are true and correct and together with any definitions set forth therein are hereby incorporated into this Agreement by this reference, as though set forth fully herein.
2. SUMMARY DESCRIPTION OF SERVICES.
Consultant shall provide comprehensive design services, including preparation of plans and specifications, technical reports, permit applications, project cost estimates, bidding assistance, and engineering support during construction for the new Interstage Pump Station.
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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.
Hazen and Sawyer, a corporation of the State of New York, located at 498 Seventh Ave., New York, NY. 10018
4. TERM OF AGREEMENT: From: March 17, 2026 To: March 16, 2031 A. Time is of the essence in this Agreement
B. This Agreement does not have any options to extend.
C. [INTENTIONALLY OMITTED]
D. All Services required of Consultant under this Agreement shall be completed on or before the end of the term of the Agreement.
5. AGREEMENT AMOUNT NOT TO EXCEED: $2,912,479.00
6. AGREEMENT EXHIBITS. The following documents memorialized below are the only exhibits to this Agreement and are incorporated by reference as though fully set forth herein. In the event of a conflict between the Exhibits and this Agreement, the Agreement controls.
Exhibit A: Scope of Services
Exhibit B: Schedule of Compensation
Exhibit C: Insurance Requirements: City Insurance Exhibit INS-A Exhibit D: Reserved
Exhibit E: Living Wage Policy
Exhibit F: Prevailing Wage Policy
Exhibit G: Iran Contracting Certification
7. DESIGNATED REPRESENTATIVES. The Designated Representatives listed below shall be authorized to act on behalf of the named Party, be responsible for negotiations and contractual matters, and coordinate with each other to perform the Services under this Agreement. Additionally, Consultant’s Services shall be performed or immediately supervised by the Consultant’s Representative:
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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
Consultant Designated Representative
Name: Lynn Grijalva, PE
Title: Project Director
Phone: 213-505-6723
Email: [email protected]
Address: 800 W. 6th St. #400, Los
Angeles, CA. 90017-2707
8. CONTRACTUAL 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. Consultant is advised that any recommendation for Agreement award is not binding on City until the Agreement is fully executed and approved by City.
B. A request for modification of the terms, prior to execution of the Agreement, must be made in writing and presented to the Designated Representative of the City prior to the time this Agreement is executed.
C. All proof of a City tax certificate, insurance, and W-9 forms is required prior to execution of this Agreement.
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.
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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.
A. Payment Request. Consultant shall submit a payment request to the CITY by the end of each calendar month listing the Services provided, costs of those Services, and total amount due for the month. Invoices may be emailed to: [email protected].
B. Consultant’s acceptance of final payment made pursuant to this Agreement shall constitute a release of City from all claims and liabilities for compensation to Consultant for anything completed, finished or relating to the Services. City’s payment shall not constitute nor be deemed a release of the responsibility and liability of Consultant for the accuracy and competency of the information provided and/or the Services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by City for any defect or error in the Services performed by Consultant and its employees, agents and subcontracted Consultants.
C. Consultant shall provide City with a completed Request for Taxpayer Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the Services performed by Consultant or materials or products provided to City by Consultant, Consultant shall pay the sales tax. City shall not reimburse Consultant for sales taxes paid by Consultant.
D. Non-Appropriation of Funds. Payments to be made to Consultant by City for the Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered appropriation of City. In the event City does not appropriate sufficient funds for payment of the Services beyond the 1152
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current fiscal year, this Agreement shall cover payment for the Services only up to the conclusion of the last fiscal year in which City appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.
12. OPTION TO EXTEND AGREEMENT. When in the City’s best interest, this Agreement may only be extended, if the City, in its discretion, exercises an option term in accordance with Section 4 subparagraphs (B) and (C) of this Agreement.
The initial term, plus any option to extend shall not exceed a total of five (5) years. If no option to extend the Agreement appears in section 4(B), then this Agreement shall not be extended.
13.MODIFICATION OF AGREEMENT. This Agreement may be amended, modified, or otherwise altered, or its provisions waived, only upon mutual consent of the Parties by written amendment. The City may request that the Consultant perform Extra Services. As used herein, "Extra Services" means any services, which are determined by the City to be necessary for the proper completion of the project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. 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 1153
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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 Retirement System benefits, and health, life, dental, long-term disability and workers’ compensation insurance benefits. Consultant shall not, at any time or in any manner, represent that it or any of its agents, subconsultants, or employees are in any manner agents, subconsultants, or employees of City.
17.LAWFUL PERFORMANCE. Consultant shall abide by all federal, state, and local laws and regulations as may be related to the performance of duties under this Agreement. Consultant, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of Services under this Agreement.
18.SAFETY REQUIREMENTS. Consultant shall not perform any Services for the City when the Consultant is impaired by alcohol or a controlled substance. When there is 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 1154
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reputable professionals performing similar Services under similar conditions in the same or similar locality. Such Services shall also be performed in a manner which is reasonably satisfactory to City Project Manager, or designee (hereinafter the “Project Manager”), provided that discretion in determining what is satisfactory shall not alter the foregoing standard of care.
A. In accordance with the standard of care set forth in the first sentence of Section 19, the Consultant agrees that it:
(1) Has thoroughly reviewed and considered the services and work to be performed; and
(2) Has reviewed the issues regarding the Scope of Services to be provided; and
(3) Has carefully considered how the services and related work should be performed; and
(4) Fully understands the facilities, difficulties and restrictions associated with performance of the services required by this Agreement.
20.OWNERSHIP OF CONSULTANT’S WORK PRODUCT, CONFIDENTIALITY & DISCLOSURE, RECORDS & WARRANTY. City shall be the owner of any and all technical documents and records, including, computations, plans, correspondence, and/or other pertinent data and information, both hard copy and electronic, gathered or prepared by Consultant in performance of this Agreement and shall be entitled to immediate possession of the same upon completion of the work under this Agreement, or at any earlier or later time when the same may be requested by City.
A. Ownership of Documents. Every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by the Consultant pursuant to or in connection with this Agreement shall be the exclusive property of the City.
B. Deliverables. Consultant shall deliver to the City the studies, plans, specifications, or other documents as are identified in the Scope of Services; and Consultant shall, upon completion of all work or termination of this Agreement, submit to the City all information developed in the course of the Consultant 's services. Consultant shall, in such time and in such form as the City may require, furnish reports concerning the status of Services required under this Agreement.
Consultant shall, upon request by City and upon completion or termination of this Agreement, deliver to the City all material furnished to Consultant by the City.
C. Records and Inspections. The Consultant shall maintain full and accurate records, with respect to all Services and matters covered under 1155
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this Agreement. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.
The City shall have free access at all reasonable times to such records, both hard copy and electronic, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities.
D. Confidentiality. Information that is exempt from disclosure to the public is confidential. This includes information relating to the past, present, or future affairs of the City or information belonging to a third party whose information is in the City’s possession or control under obligations of confidentiality. Consultant may be granted access to information that is exempt from disclosure to the public (Government Code Section 7920.505) and may contain “trade secrets” (see Government Code Section 7924.510(f)) when it is necessary for Consultant to perform its obligations pursuant to this Agreement. If Consultant is granted such access to confidential information, Consultant shall not be considered to be a member of the public as that term is used in Government Code Section 7920.515.
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 1156
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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.
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.
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(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.
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 1158
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section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work; or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work. Prevailing wages are required to be paid to all workers, including subcontracted employees. For further information regarding Prevailing Wage Requirements please refer to Exhibit “F” attached to this Agreement.
A. To determine if this Agreement is subject to compliance monitoring and enforcement, go to:
https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html B. It is unlawful to split, or separate into small portions, work orders, projects, purchases, or public works projects for the purpose of evading these prevailing wage requirements.
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 City with respect to goods or Services of one million dollars ($1,000,000) or more, must certify, that the Consultant is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.
A Consultant is ineligible to enter into any contract with the City for goods or Services of one million dollars ($1,000,000) or more if the Consultant engages in investment activities in Iran. Consultant must certify that it is not on the list of ineligible vendors prohibited from doing business with the State of California and shall complete the Iran Contract Act Certification attached as Exhibit G.
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 1159
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completion of all its subcontractors’ work. All subcontractors shall be properly licensed and insured; and bonded, if applicable. Consultant shall be responsible for all liabilities regardless of nature, type, or cause, arising out of or resulting from or in connection with subcontractors performance pursuant to this Agreement or subcontractors failure to comply with any of its obligations in connection with this Agreement.
29.CONFLICT OF INTEREST. Consultant covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Consultant’s Services under this Agreement.
Consultant further covenants that in the performance of Services under this Agreement, no officer, employee or agent of Consultant having such interest shall be employed by it. In the event the City determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file such Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the City Clerk. Acquisition or maintenance of a conflicting interest by Consultant may result in termination of this Agreement by the City.
30.DISPUTES. Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this Agreement, shall be decided by the City’s Designated Representative, who shall reduce this decision to writing and mail a copy to the Consultant. The decision of the City’s Designated Representative shall be final and conclusive unless Consultant requests mediation within ten (10) calendar days. Pending final decision of a dispute, the Consultant shall proceed diligently with the performance of the Agreement and in accordance with the decision of the City’s Designated Representative.
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 1160
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the Parties but not more than sixty (60) calendar days, unless the maximum time is extended in writing by both Parties.
32.ASSIGNMENT. This Agreement is for the professional Services of Consultant. Any attempt by Consultant to assign the benefits or burdens of this Agreement without the prior written approval of City shall be prohibited and shall be null and void.
Consultant 's Services pursuant to this Agreement shall be provided by the Consultant’s Designated Representative or directly under his/her supervision, and Consultant shall not assign another to supervise the Consultant 's performance of this Agreement without the prior written approval of City, by and through the City’s Designated Representative.
33.CARE OF WORK. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by the City, Consultant shall immediately inform the City of such fact and shall not provide any Services, except at Consultant’s risk, until written instructions are received from the Project Manager.
34.REPORTS. Upon request by the Project Manager or as otherwise required by this Agreement, including but not limited to, the Scope of Services set forth in Exhibit “A”, Consultant shall prepare and submit reports to the City concerning Consultant's performance of the Services required by this Agreement.
35.AUDIT. City shall have the option of inspecting, auditing and/or reproducing all records and other written materials used by Consultant in preparing its billings to City as a condition precedent to any payment to Consultant, or for other purposes relating to the Agreement. Consultant will promptly furnish all documents requested 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. 1161
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36.ADVERTISING AND PUBLICITY. Consultant shall not use the name of or refer to City directly or indirectly in any advertisement, news release, or professional or trade publication without prior written approval from the City Manager. This Section shall survive the termination of this Agreement.
37.NONDISCRIMINATORY EMPLOYMENT. Consultant shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status. Consultant understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, Consultant shall be responsible for such subcontractor’s compliance with this Section.
38.COVENANTS AND CONDITIONS. Each term and each provision of this Agreement to be performed by Consultant shall be construed to be both a covenant and a condition.
39.WAIVER. City’s review or acceptance of, or payment for, work product prepared by Consultant under this Agreement will not be construed to operate as a waiver of any rights City may have under this Agreement or of any cause of action arising from Consultant’s performance. A waiver by City of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
40.FORCE MAJEURE. Neither the Consultant nor the City shall be responsible for any delay caused by any contingency beyond their control, including, but not limited to, war or insurrection, walkouts by the Party’s own employees, fires, natural calamities, riots, or demands or requirements of governmental agencies other than the City.
41.GOVERNING LAW. The terms of this Agreement shall be interpreted according to the laws of the State of California. Should litigation occur, venue shall be in the Superior Court of California, County of Ventura.
42.SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such 1162
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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.
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. 1163
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48.CAPTIONS AND HEADINGS. The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content, scope, or intent of the provisions described under the respective caption or heading.
49.ACKNOWLEDGEMENT. By signing below, Consultant acknowledges that it has reviewed the City’s Professional Services Agreement terms and conditions and insurance requirements and that Consultant hereby agrees to full compliance. [Signatures on next page]
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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 HAZEN AND SAWYER
☐Luis A. Mc Arthur, Mayor1 Date Lynn Grijalva, Vice President Date ☐Libertad Macias, Purchasing Manager2
Gary Haubner, Board Secretary 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.
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. 1165
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EXHIBIT A
PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Hazen and Sawyer)
SCOPE OF SERVICES
PROJECT MANAGER: Sian Bashkiroff – [email protected], (805) 271-2204 or (805) 833-9736
The Consultant shall provide all professional and support services – including geotechnical and survey work – necessary to manage, coordinate, track, and report progress and expenditures throughout the duration of this scope of work.
TASK 1 – PROJECT MANAGEMENT
1. Project Management: The Consultant shall manage all aspects of the project including scope, budget and schedule. The Consultant shall facilitate regular progress meetings and provide monthly written status updates covering project progress and budget.
2. Kick-off Meeting: The Consultant shall facilitate a kick-off meeting with the City team to confirm the project scope, schedule, and budget. The Consultant shall prepare the meeting agenda and minutes. The kick-off meeting may be conducted virtually or inperson.
3. Progress Meetings: The Consultant shall facilitate monthly status meetings throughout the project. The Consultant is responsible for preparing meeting agendas in advance, distributing minutes within three business days of each meeting, and maintaining a complete action item tracking log.
4. Project Schedule: The Consultant shall develop a preliminary project schedule prior to the kick-off meeting and update the schedule at each monthly progress meeting.
5. Project Communication: The Consultant and City staff shall develop and finalize a communications protocol at the kick-off meeting.
6. Project Coordination: The Consultant shall coordinate all sub-consultant services, including site visits and inspections, and ensure effective coordination with City project staff.
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7. Quality Assurance and Quality Control (QA/QC): The Consultant shall implement quality management procedures throughout the project. All deliverables shall undergo a technical review by highly qualified personnel prior to submission.
8. Monthly Invoicing: The Consultant shall submit monthly invoices based on time and materials, including all supporting documentation in a format acceptable to the City.
Task 1 Deliverables:
• Monthly summary cover letter and invoices, including detailed backup documentation (PDF format)
• Meeting agendas distributed prior to each meeting (PDF format) • Meeting minutes issued within three business days after each meeting (PDF format)
• Updated action item log tracking all assigned tasks and status TASK 2 – DATA AND INFORMATION REVIEW AND CONDITION ASSESSMENT OF
EASTERN TRUNK PUMP STATION/BLENDING STATION (ETPS)
The Consultant shall review all existing data, reports, studies and as-built drawings relevant to the project. The Consultant shall identify any data gaps and submit a Request for Information (RFI) to the City to obtain missing or clarifying information.
The Consultant shall assess the condition of the existing ETPS including structural, civil, mechanical, and electrical systems, along with associated infrastructure. Findings from the condition assessment shall be incorporated into the preliminary design report.
Task 2 Deliverables:
● Request for Information (RFI) document (PDF format)
● Data gap and information summary report (MS Word and PDF formats) TASK 3 – PERMITTING
The Consultant shall identify all permits and regulatory approvals required for the design and construction of the new ISPS. Permit requirements shall be evaluated early in the design process and summarized in the Preliminary Design Report, including anticipated permit timelines, responsible agencies, and any required supporting documentation.
The Consultant shall coordinate with the City and relevant agencies to confirm permit requirements, and submit processes, and review timelines.
TASK 4 – PRELIMINARY DESIGN REPORT
The Consultant shall review the existing Basis of Design (BOD) from the Project Report and confirm its applicability to the current project requirements. Any necessary updates or deviations from the BOD shall be clearly documented. The Consultant shall prepare a 1167
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Preliminary Design Report (PDR) that establishes the detailed BOD for all major project components. The PDR shall include the design approach, supporting analysis, and recommendations. The PDR will serve as the foundation for the final design phase.
The PDR shall include, at a minimum:
• Basis of Design (BOD) for all major systems
• Hydraulic analysis and process descriptions
• Civil, geotechnical and survey reports
• Structural, mechanical, electrical, instrumentation, and control design narratives • Preliminary construction cost estimates
The Consultant shall interview operations and maintenance staff to ensure operability and maintainability considerations are incorporated into the design.
At a minimum, the following systems and equipment shall be clearly defined in the PDR:
5. Pump Station
6. Gravity Sewer
7. Metering
8. Primary and backup power
Specifically, the PDR shall evaluate and determine the primary effluent gravity sewer route; the reconfiguration of the existing Eastern Trunk Pump Station; the approach to address power requirements; and, provide the ability to incorporate a future equalization basin between the primary clarifiers and the new interstage pump station.
Additionally, the Consultant shall evaluate and make recommendations for rerouting return flows (thickener and DAF overflow; belt filter press cleaning; other 3W uses) to the secondary treatment process. Currently, these flows are directed back to the headworks. Specifically, the Consultant shall determine regulatory, operational and process impacts.
The reverse-osmosis concentrate (ROC) from the Advanced Water Treatment Facility (AWPF) currently discharges directly into the 48-inch effluent outfall pipe in Perkins Road. The Consultant shall evaluate the feasibility of rerouting the ROC line discharge upstream of the Chlorine Contact Tank. This will enable the elimination of the Blending Station.
Task 4 Deliverables:
● Draft Preliminary Design Report (MS Word and PDF formats) ● Final Preliminary Design Report incorporating City comments ● Report shall include 11” x 17” schematic drawings and preliminary cost estimates ● All documents shall be provided in editable electronic formats 1168
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TASK 5 – 60% DESIGN
The Consultant shall develop 60% design documents based on the approved BOD and recommendations presented in the PDR. This submittal represents the bulk of the preliminary design effort and will serve as the foundation for detailed design development.
The 60% design shall include, but not be limited to, the following:
1. Title Sheet
● Vicinity and location maps with contacts
● Table of contents
● Drawing index with general notes, symbols, abbreviations, and legends ● Applicable standard details
2. Demolition
● Site and removal plan
● Removal details and demolition notes
● Applicable standard details
3. Civil
● Site plan with existing and proposed underground utilities ● Landscaping
● Restoration
● Civil standard details
4. Structural
● Structural plans and sections
● Concrete repair and rehabilitation details
● Reinforcing details
5. Process Design
● Process flow diagrams
● Pipe and instrumentation diagrams (P&IDs)
6. Mechanical Design
● Equipment layout plans
● Piping plans and elevations
7. Electrical Design
● Electrical loading analysis and demand calculations
● Electrical equipment layout plans
● Single-line diagrams
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8. Specifications
● Technical specifications for all applicable sections
9. Cost estimate
● Preliminary cost estimate
Task 5 Deliverables:
● Draft technical specifications submitted as separate editable MS Word documents ● Three (3) copies of 22” x 34” plans and specifications ● Electronic copies (PDF and native files) of all design documents TASK 6 – 90% DESIGN
The Consultant shall advance the design to the 90% completion level. Drawings and specifications shall be updated to incorporate all comments from the 60% design review. By the end of this phase, the design documents shall be substantially complete and suitable for final quality control review.
The following elements shall be completed as part of the 90% design submittal:
● Demolition plans and details
● Civil plans and site layout
● Structural drawings and details
● Mechanical drawings and piping layouts
● Electrical drawings, including equipment and instrumentation ● Instrumentation and control system drawings
● Complete technical specifications
● Updated project cost estimate
Task 6 Deliverables:
● Specifications submitted as separate, editable MS Word documents ● Three (3) hard copies of 22” x 34” plans
● Detailed project cost estimate
● Electronic versions of all drawings and specifications (PDF and native file formats) TASK 7 – FINAL DESIGN
The Consultant shall complete the final design by incorporating all comments from the 90% design submittal. The final drawings and specifications shall constitute the bid set to be issued for construction.
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Final Design Phase tasks:
• Production of final engineering drawings
• Production of final technical specifications
• Production of final front-end specifications
The Consultant shall also prepare a Class 2 estimate of probable construction cost, as defined by AACE, for the 100% design submittal.
Task 7 Deliverables:
• Final drawings signed and sealed by a professional civil engineer licensed in the State of California
• Three (3) sets of 11” x 17” drawings
• Three (3) sets of 22” x 34” (D Size) drawings
• Four (4) sets of final specifications
• One (1) complete electronic copy of the final bid set (PDF format) • Final specifications provided in both editable MS Word and PDF formats • Updated cost estimate, if required
• All drawings prepared using the latest version of AutoCAD, with .dwg files submitted to the City as part of the final submittal
TASK 8 – BID PHASE SERVICES
The Consultant shall provide support to the City during the bidding and award phase of the project. This task applies specifically to the new Interstage Pump Station. Bid phase services shall include, at a minimum, the following:
1.Response to Bidder Inquiries:
The Consultant shall respond to all Requests for Information (RFIs) and Requests for Clarification (RFCs) received during the bid period. Written responses shall be provided within two (2) business days of receiving each inquiry. Responses shall be formatted as short memoranda, including both the question and Consultant’s response.
2. Pre-bid Meeting:
The Consultant shall attend and actively participate in the mandatory pre-bid meeting to provide technical support and respond to bidder questions
3. Conformed Contract Documents:
Following the close of the bid period, the Consultant shall incorporate all addenda into a conformed set of contract documents for award and construction. 1171
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Task 8 Deliverables:
● Written RFI/RFC responses (PDF format)
● Conformed contract documents (PDF and native file formats) TASK 9 – CONSTRUCTION PHASE SERVICES
The Consultant shall provide engineering services during construction (ESDC) for the new Interstage Pump Station. These services include, at a minimum, the following:
1. Pre-construction Meeting
The Consultant shall attend and participate in the Pre-Construction Meeting to provide technical support and clarify design intent.
2. Project Progress Meetings
The Consultant shall attend and participate in the monthly Project Progress Meetings with the City and the Construction Manager to discuss project status, progress, and any issues requiring attention. The Consultant shall assume an 18-month construction duration and budget accordingly.
3. Requests for Information (RFIs)
At the City’s request, the Consultant shall review and provide recommended responses to Contractor RFIs. Responses may require engineering analysis, alternatives evaluation, cost estimating, or design modifications. The Consultant shall coordinate with the City to determine the appropriate level of effort for each response. The Consultant shall budget for review and response to up to 100 RFIs.
4. Submittal Review
The Consultant shall review all shop drawings and material submittals provided by the Contractor for conformance with the design documents. The Consultant shall budget for the review of up to 50 submittals.
5. Change Order Review
The Consultant shall review and evaluate all change order requests submitted by the Contractor. The Consultant shall prepare a formal written response for each request, including an assessment of entitlement and recommendation regarding the merit of the proposed change.
6. Operation and Maintenance (O&M) Manual
The Consultant shall prepare a system O&M manual for the new Interstage Pump Station. At a minimum, the O&M manual shall include:
• System description with flow diagrams
• Basis of design
• Equipment list and specifications
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• Operating procedures
• Maintenance schedules
• Troubleshooting guidance
• Spare parts lists
• Manufacturer literature
7. Project Close-out
The Consultant shall assist with project closeout activities, including the development of punch lists and review of all final project documentation to ensure completeness and compliance with contract requirements.
8. Record Drawings
The Consultant shall prepare record drawings based on red-line markups provided by the construction contractor. Record drawings shall be prepared using the latest version of AutoCAD and submitted within 30 calendar days of receipt of contractor markups.
Task 9 Deliverables:
• Consolidated review comments for Contractor submittals, RFIs, and change order requests
• O&M manual (electronic, PDF format)
• AutoCAD (.dwg) and PDF versions of the full record drawing set • Three (3) hard copies printed on 22” x 34” bond paper TASK 10 – UNACCOUNTED PROJECT SCOPE SERVICES
The Unaccounted Project Scope Services Task is available to address issues that are determined during the course of the work that were not originally known or anticipated.
Work completed under this task will be authorized separately through a project change order. This task shall not be used for any of the work completed in Tasks 1 through 9.
The budget for this task shall be 15% of the total fee for Tasks 1 through 9. 1173
Principal-inCharge Tech Advisors & QA/QC Project Manager Tech Lead/ Mech Lead Project Engineer Senior Process Engineer Engineer Assist Engineer Civil Lead Arch Lead Elec Lead I&C Lead Struct Lead HVAC Lead Sr. Cost Estimate Senior Designer Designer Admin $390 $380 $380 $350 $360 $265 $250 $190 $260 $260 $320 $300 $300 $225 $320 $210 $170 $140 Staff Initials LG MS/EM SA SC IM AN CB, MG ZM, BP AV JS SD ZB AP MA CP ES TBD RM Direct Rate: $154.00 $123.20 $135.91 $128.59 $120.99 $81.76 $74.66 $56.00 $72.80 $72.80 $113.08 $101.12 $99.94 $67.85 $107.48 $65.00 $56.00 $47.04 Multiplier: 2.53 3.08 2.80 2.72 2.98 3.24 3.35 3.39 3.57 3.57 2.83 2.97 3.00 3.32 2.98 3.23 3.04 2.98 Task 1:
1.1 24 80 104 $39,760 $0 $39,7601.2 4 8 8 8 8 8 44 $14,840 $250 $15,0901.3 8 68 24 68 168 $61,840 $0 $61,840
1.4 2 16 18 $6,520 $0 $6,520
1.5 2 4 6 $2,300 $0 $2,3001.6 4 8 12 $4,400 $0 $4,400
1.7 16 288 24 328 $124,800 $0 $124,8001.8 48 48 $18,240 $0 $18,240 54 296 238 32 100 0 0 8 0 0 0 0 0 0 0 0 0 0 728 $272,700 $250 $272,950 Task 2:
2.1 4 20 20 16 60 $20,520 $0 $20,520
2.2 4 16 20 $5,560 $500 $6,060
2.3 4 16 20 $5,880 $500 $6,3802.4 4 16 20 $5,560 $500 $6,0602.5 4 4 8 $2,200 $250 $2,450 0 0 4 20 24 0 0 16 0 0 16 16 32 0 0 0 0 0 128 $39,720 $1,750 $41,470 Task 3:
3.1 2 4 60 66 $17,300 $500 $17,800
3.2 2 4 40 46 $12,300 $500 $12,800
3.3 2 4 40 46 $12,300 $250 $12,550
6 0 12 0 0 0 140 0 0 0 0 0 0 0 0 0 0 0 158 $41,900 $1,250 $43,150 Task 4:
4.1 2 4 60 40 20 60 16 16 16 16 250 $71,540 $0 $71,540
4.2 1 2 4 12 4 54 8 8 93 $21,890 $0 $21,890
4.3 1 2 8 24 8 32 8 8 8 6 105 $29,050 $0 $29,050
4.4 1 2 4 12 4 40 40 6 8 4 121 $33,150 $0 $33,150
4.5 1 2 4 12 4 32 8 4 67 $17,030 $0 $17,030
4.6 1 2 4 12 4 24 24 8 8 87 $22,430 $0 $22,430
4.7 4 8 40 52 $15,760 $0 $15,760
4.8 Geotechnical Report 2 6 6 24 38 $11,260 $40,000 $0 $51,260
4.9 Survey/Survey Report 2 8 8 18 $5,160 $35,000 $0 $40,160
4.10 4 4 24 32 16 48 24 12 12 12 32 220 $57,880 $0 $57,8804.11 2 4 12 16 8 24 6 6 6 16 100 $26,580 $0 $26,580 13 0 26 120 178 0 68 336 48 0 82 48 98 0 40 0 46 48 1151 $311,730 $75,000 $0 $386,730 Task 5:
5.1 4 5 31 4 26 70 $16,330 $0 $16,330
5.2 6 6 26 26 6 64 134 $28,020 $0 $28,020
5.3 8 28 70 70 32 176 384 $81,260 $0 $81,260
5.4 Architecture Drawings 6 6 20 22 12 68 134 $28,040 $0 $28,0405.5 6 12 66 70 24 132 310 $67,620 $0 $67,620
5.6 6 6 44 40 6 56 158 $35,580 $0 $35,5805.7 12 44 42 154 24 20 200 496 $107,940 $0 $107,940
5.8 8 8 104 48 48 158 374 $84,220 $0 $84,2205.9 12 24 22 48 40 24 24 24 24 40 282 $74,320 $0 $74,320
5.10 2 4 4 24 34 $10,640 $0 $10,640
0 0 70 68 139 0 161 432 110 46 72 64 94 24 24 152 880 40 2376 $533,970 $0 $0 $533,970 Task 6:
6.1 4 4 28 2 24 62 $14,460 $0 $14,460
6.2 4 6 24 24 4 56 118 $24,600 $0 $24,600
6.3 6 26 62 62 8 156 320 $67,740 $0 $67,740
6.4 Architectural drawings 6 6 20 22 5 60 119 $25,210 $0 $25,210
6.5 6 12 58 58 6 116 256 $56,000 $0 $56,000
6.6 6 6 40 36 5 50 143 $32,390 $0 $32,390
6.7 8 38 36 138 18 12 178 428 $92,350 $0 $92,350
6.8 6 6 96 44 6 138 296 $67,240 $0 $67,240
6.9 8 20 20 42 32 22 22 22 22 40 250 $65,100 $0 $65,100
6.10 2 4 4 24 34 $10,640 $0 $10,640
0 0 56 58 126 0 148 388 94 44 66 58 80 18 24 48 778 40 2026 $455,730 $0 $0 $455,730 Task 7:
7.1 2 2 10 2 9 25 $5,930 $0 $5,930
7.2 2 2 8 8 2 22 44 $9,160 $0 $9,1607.3 6 10 24 24 4 60 128 $27,720 $0 $27,720
7.4 Architectural drawings 2 2 8 10 2 24 48 $10,100 $0 $10,100
7.5 4 4 22 20 4 42 96 $21,120 $0 $21,1207.6 2 2 16 14 2 18 54 $12,200 $0 $12,2007.7 6 16 14 52 8 4 68 168 $37,000 $0 $37,000
7.8 2 3 36 18 4 54 117 $26,620 $0 $26,620
7.9 4 8 10 16 12 8 8 8 8 24 106 $26,880 $0 $26,880
8.1 2 4 2 16 24 $7,700 $0 $7,700
0 0 32 24 53 0 54 148 36 18 26 22 28 8 16 24 297 24 810 $184,430 $0 $0 $184,430 Task 8:
8.1 4 4 24 24 56 $16,120 $0 $16,120
8.2 3 6 9 $3,300 $250 $3,5508.3 4 4 8 24 4 24 68 $15,280 $0 $15,280 0 0 11 8 38 0 0 48 0 0 0 0 0 0 0 4 24 0 133 $34,700 $0 $250 $34,950 Task 9:
9.1 3 6 9 $3,300 $400 $3,700
9.2 4 72 76 $27,440 $3,600 $31,040
9.3 2 8 12 120 80 200 60 40 60 4 40 626 $166,060 $0 $166,060
9.4 4 4 24 120 80 200 80 70 140 722 $201,280 $0 $201,280
9.5 2 4 6 64 16 20 16 128 $40,360 $0 $40,360
9.6 System O&M Manual 2 8 16 200 226 $62,580 $2,000 $64,5809.7 2 56 24 82 $25,480 $250 $25,730
9.8 2 4 24 24 4 178 236 $46,460 $0 $46,460
10 0 35 46 478 200 176 468 0 0 140 110 200 0 16 8 218 0 2105 $572,960 $0 $6,250 $579,210 Task 10:
10.1 0 $379,889 $379,889
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $379,889 $0 $0 $379,889 83 296 484 376 1136 200 747 1844 288 108 402 318 532 50 120 236 2243 152 9615 $2,827,729 $75,000 $9,750 $2,912,479 Preliminary Design ReportPump Station
Gravity SewerDraft ReportMetering Primary and Back-up PowerReturn FlowsROC PipelineConstruction Cost Estimate City PermitsVentura County Air Pollution Control DistrictCEQA/NEPA TASK 3 - SUBTOTAL
Project Communication
Total
Labor
Hours
Labor
Cost ODC's Total
Project ManagementProject ManagementKick-Off MeetingProgress MeetingsProject Schedule Subs
TASK 2 - SUBTOTAL
PermittingStructural EvaluationsElectrical System EvaluationField Instruments EvaluationOther Related AppurtenancesProject CoordinationQA/QC TASK 1 - SUBTOTAL
Data and Information Review and Condition Assessment of Eastern Trunk Pump Station/Blending StationReview Exist Data and ReportsMonthly Invoicing60% DesignGeneral DrawingsDemolition DrawingsStructural DrawingsStructural DrawingsInstrumentation Drawings / P&IDsMechanical DrawingsElectrical DrawingsSpecifications TASK 5 - SUBTOTAL
90% DesignGeneral DrawingsDemolition DrawingsCivil DrawingsPreliminary Cost EstimateStructural DrawingsInstrumentation Drawings / P&IDsMechanical DrawingsElectrical DrawingsCivil DrawingsFinal Report TASK 4 - SUBTOTAL
Final Class 2 Construction Cost EstimateInstrumentation Drawings / P&IDsMechanical DrawingsElectrical DrawingsSpecificationsConstruction Cost Estimate TASK 6 - SUBTOTAL
Final DesignSpecificationsGeneral DrawingsDemolition DrawingsCivil DrawingsRespond to RFIs (up to 100 RFIs) TASK 7 - SUBTOTAL
Bid Phase ServicesResponse to RFIs and RFCs (Up to 7)Pre-Bid MeetingConformed Contract Documents TASK 8 - SUBTOTAL
Construction Phase ServicesPreconstruction MeetingProject Progress Meetings TOTAL FEE (TASKS 1-10)
Submittal Review (up to 50 Submittals & 25 Resubmittals)Change Order Review (up to 7) Project CloseoutRecord Drawings
TASK 9 - SUBTOTAL
TASK 10 - SUBTOTAL
Unaccounted Project Scope Services (Requires Prior Approval)Unaccounted Project Scope Services (15% of Task 1 thru 9) Agreement No. 32600350
EXHIBIT B
SCHEDULE OF COMPENSATION
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EXHIBIT C
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and HAZEN AND SAWYER
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.
ATTACHED CITY’S INSURANCE FORM HERE:
INS-A
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EXHIBIT D
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and HAZEN AND SAWYER)
[RESERVED]
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EXHIBIT E
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and HAZEN AND SAWYER)
LIVING WAGE POLICY
Pursuant to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in all standard Consultant/Professional Services contracts that may be governed by the Living Wage Policy.
A. Consultant shall compensate any employee of Consultant who provides Services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as the Living Wage Policy Exhibit. While this Agreement is in effect, Consultant shall pay such employee no less than $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 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.
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CITY OF OXNARD LIVING WAGE REQUIREMENTS
EFFECTIVE JULY 1, 2024
Consultant shall compensate any employee of Consultant who provides Services under this Agreement in accordance with the Living Wage Policy, attached hereto and incorporated herein by reference as Exhibit E.
While this Agreement is in effect, Consultant shall pay such employee no less than $20.06 per hour for each hour that such employee provides Services under this Agreement. This hourly rate shall be adjusted on July 1, 2025, and each July 1 thereafter, according to the percentage change in the Consumer Price Index, all items, prepared by the Bureau of Labor Statistics for the Los Angeles area relating to all urban consumers (CPI-U), index base 1982-84=100, comparing May of the previous year to May of the current year. In addition, while this Agreement is in effect, Consultant shall provide to such employee no less than 96 hours of paid leave per calendar year. a. Consultant agrees to post, at a location readily accessible to those employees providing Services to the City, a copy of the Living Wage Policy adopted by the Oxnard City Council on July 9, 2002 and effective October 1, 2002.
b. If Consultant fails to compensate such employee pursuant to the Living Wage Policy, the City Manager or designee shall terminate this Agreement on written notice to Consultant, effective immediately. c. In addition, if Consultant fails to comply with the Living Wage Policy in any manner, Consultant shall pay to City a fine of $500 and shall pay to any employee providing Services under this Agreement a penalty of three times the amount or value of the compensation owed to such employee under the Living Wage Policy. Consultant shall pay such fine and penalty within fifteen (15) calendar days after the City Manager or designee provides written notice to Consultant of the amount owed.
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EXHIBIT F
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and HAZEN AND SAWYER)
PREVAILING WAGE
1. Consultant acknowledges that the Project defined in the Agreement between Consultant and City is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and that this Agreement is subject to Chapter 1 and the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes.
Consultant shall perform the Project as a public work. Consultant shall comply with and be bound by all the terms, rules and regulations described in Chapter 1 and the DIR’s rules and regulations as though set forth in full herein.
2. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.
3. Consultant is required to post job site notices, as prescribed by regulation. See Labor Code Section 1771.4(a)(2).
4. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages.
Consultant shall, as a penalty to City, forfeit not more than $200 for each calendar day or portion thereof for each worker paid less than the DIR’s determined prevailing rates for the work or craft in which the worker is employed pursuant to this Agreement by Consultant or any subcontractor.
The Labor Commissioner shall determine the amount of the penalty as described in Section 1775.
5. Consultant shall comply with Labor Code Section 1776, which requires Consultant and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, (2) certify and make such payroll records available for inspection, and (3) inform City of the location of the records.
6. Consultant shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all 1184
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apprenticeable occupations. Before commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding the Project, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.
7. Consultant may not be debarred or suspended throughout the Agreement Term pursuant to Labor Code Section 1777.1 or 1777.7. If he, she or it becomes debarred or suspended in the Agreement Term, Consultant must immediately notify City.
8. Consultant is not qualified to bid on, be listed in a Bid proposal, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720 through 1861, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5.
Consultant shall continue without interruption to stay registered and qualified to perform public work pursuant to Section 1725.5 for the duration of the term of this Agreement. This provision does not apply to construction, alteration, demolition, installation or repair work of $25,000 or less or to maintenance work of $15,000 or less.
9. Consultant acknowledges that 8 hours labor constitutes a legal day’s work. Consultant shall comply with and be bound by Labor Code Section 1810.
10. Consultant shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by Consultant’s employees in excess of 8 hours per day and 40 hours per week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.
11. The Project listed in the Agreement is subject to compliance monitoring and enforcement by the DIR.
12. Consultant shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. Consultant shall include in the written contract between it and each subcontractor a copy of, and a 1185
Agreement No. 32600350
requirement that each subcontractor shall comply with, those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ compliance, including without limitation, conducting a periodic review of the certified payroll records of each subcontractor, and upon becoming aware of the failure of the subcontractor to pay its workers the specified prevailing rate of wages, Consultant shall diligently take corrective action to halt or rectify any failure.
13. To the maximum extent, Consultant shall hold harmless, defend (with counsel approved by the City Attorney) and indemnify City, its legislative bodies, and its officials, officers, employees and agents from any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Consultant, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all attorneys’ fees and other related costs. All duties of Consultant under this Section shall survive Agreement termination. 1186
Agreement No. 32600350
EXHIBIT G
PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and HAZEN AND SAWYER)
IRAN CONTRACTING CERTIFICATION
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City Council
March 17, 2025
Jan Hauser
Wastewater Division Manager
Agreement 32600350 with Hazen and Sawyer for
Professional Design and Construction Engineering
Services for Wastewater Interstage Pump Station
Project
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RECOMMENDATION 2
That the City Council approve and authorize the Mayor to:
1. Execute an Agreement with Hazen and Sawyer for a term of five years from March 17, 2026, to March 16, 2031, for a total amount not to exceed $2,912,479 for Design and
Construction Engineering Services; and
2. Authorize a project budget appropriation in the amount of $1,912,479 from the Wastewater Fund (611), as well as
the corresponding transfers in the Wastewater Capital
Fund (612) for the Design and Construction Engineering
Services for the Wastewater Interstage Pump Station
Project (C2544).
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• The Interstage Pump Station (ISPS) conveys primary
effluent to the biotowers and then pumps bioflow to the activated sludge process
• An upgrade to the activated sludge process is underway.
The removal of the biotowers will make the existing ISPS obsolete and in need of replacement.
BACKGROUND 3
Biotowers
ISPS
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• The existing ISPS
was constructed in
1975
• Complete
replacement was
recommended in
the 2017 Public
Works Integrated
Master Plan
BACKGROUND 4
Interstage Pump Station
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• Request for Proposal (RFP) 26-44 for Professional Design and Construction Engineering Services - Water Resource
Recovery Facility: Interstage Pump Station
• Advertised on November 10, 2025
• Qualifications and proposals were due on December 18, 2025 • The RFP was directly sent to 34 firms and published on www.publicpurchase.com and the City’s website
• The City received 2 proposals in response to RFP 26-44 • The selection committee consisted of the Wastewater
Division Manager, Operations Manager, and Wastewater
Project Manager
DISCUSSION 5
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• Staff ranked the proposals based on the following criteria:
• Company profile
• Assigned staff
• Project experience
• Project approach and understanding
• Level of effort
• Hazen and Sawyer was determined to be the highest
qualified and experienced proposer
DISCUSSION 6
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The scope of work includes: • Project Management • Data review and condition assessment
• Preliminary design report and
basis of design
• Detailed design plans and
specifications
• Bid support services • Engineering services during
construction
DISCUSSION
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FINANCIAL IMPACT 8
• The total cost for this Agreement with Hazen and Sawyer for Design and Construction Engineering Services for the Wastewater Interstage Pump Station shall not exceed
$2,912,479 over a five-year term.
• An appropriation to Wastewater Capital Fund (612) funded from the Wastewater Fund (611) in the amount of
$1,912,479 is requested for Project C2544.
• The total requested project budget of $3,052,479 includes an additional $140,000 to cover standard project related costs that are not part of the consultant’s agreement.
• These typical project costs may include, but are not limited to permit and regulatory fees, plan check and inspection fees, and City staff project management costs.
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End of Presentation
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