Agenda packet — Public Works & Transportation Committee, July 14, 2026 (part 1 of 2)

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Agenda Item Time Estimates include: (Minutes for Presentation + Council Discussion + Public Comment)

AGENDA

OXNARD CITY COUNCIL

PUBLIC WORKS AND TRANSPORTATION COMMITTEE
Council Chambers, 305 West Third Street
July 14, 2026
Regular Meeting - 6:45 PM to 8:15 PM

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1. Dial Phone Number: (888) 475-4499

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3. Passcode: 743664

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Video recordings of the meeting are typically available online following the meeting at the City’s website at www.oxnard.org/city- meetings.

*Please see the link for the Measure M pre-recorded presentation video for each item listed on this agenda.

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3. PROVIDING PUBLIC COMMENTS REMOTELY DURING THE MEETING

1 OXNARD CITY COUNCIL: PUBLIC WORKS AND TRANSPORTATION COMMITTEE July 14, 2026 - Page 2

a. To provide public comment during the meeting dial (888) 475-4499 and enter the Meeting ID and Passcode listed above as the Zoom details for this meeting. When the presiding officer announces the particular item on the agenda you want to speak on, press *9 to raise your hand while in the zoom waiting room. Once called on, press *6 to unmute your phone.
b. Public comments on agenda items will be taken following the announcement of the item. After the item is announced, members of the public may register or otherwise be recognized for the purpose of providing public comment.

Please review the Zoom instructions on the registration page to help ensure there are no technical difficulties during your comments and help you understand public comment procedures using Zoom. Detailed participation instructions can be found at www.oxnard.org/city-meetings.

In the event of a disruption which prevents a legislative body of the City of Oxnard from broadcasting a meeting using a call-in option or internet- based service option, or in the event of a disruption within the City’s control which prevents members of the public from offering public comment using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on a meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. However, if any of the broadcast options are disrupted, but any of the other broadcast options is still available to the public, the legislative body may take further action on items appearing on a meeting agenda without waiting for the disrupted broadcast option(s) to be restored.

A. ROLL CALL, POSTING OF AGENDA, FLAG SALUTE
Consideration of Teleconference Participation pursuant to Assembly Bill 2449.

B. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA AND NON-ACTION ITEMS

A person may address the legislative body only on matters not appearing on the agenda and within the subject matter jurisdiction of the legislative body, and on non-action items. Speaker requests shall be submitted as set forth on the first page of this agenda. Speakers are limited to three minutes. After 30 minutes, if all speakers have not had the opportunity to speak, the remaining speakers will be given an opportunity to speak prior to the adjournment of the meeting. The legislative body cannot enter into a detailed discussion or take action on any items presented during public comments at this time. Such items may only be referred to the City Manager for administrative action or scheduled on a subsequent agenda for discussion.

C. CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the Public Works and Transportation Committee approve the regular meeting minutes for June 23, 2026.

Contact: Luly Lopez, (805) 385-7805
D. REPORTS

1. Public Works Department
SUBJECT: Park Bench and Tree Donation Program.

RECOMMENDATION: That the Public Works and Transportation Committee recommend the City Council approve the City of Oxnard Park Bench and Tree Donation Program.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/D7O6J59hqPs
Contact: Michael Wolfe, (805) 385-8055

2. Public Works Department
SUBJECT: Multiple Professional Services Agreements for On-Call Design and Constructability Review Services.
2 OXNARD CITY COUNCIL: PUBLIC WORKS AND TRANSPORTATION COMMITTEE July 14, 2026 - Page 3

RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute the following Professional Services Agreements, each with an initial term of three years from July 31, 2026, to July 30, 2029, with an option for two consecutive one-year period extensions ending July 30, 2031, for On-Call Design and Constructability Review Services:

1. Agreement 32700029 with Diversified Project Services International, Inc., for a total amount not to exceed $1,250,000.00;

2. Agreement 32700030 with Cumming Management Group, Inc., for a total amount not to exceed $1,250,000.00; and

3. Agreement 32700031 with Willdan Engineering, for a total amount not to exceed $1,250,000.00.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/fBmZOhkKlPA
Contact: Michael Wolfe, (805) 385-8055

3. Public Works Department
SUBJECT: Agreement 32700047 with RoviSys for Supervisory Control and Data Acquisition (SCADA) Support Services.

RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute an Agreement with RoviSys in an amount not to exceed of $1,515,000 for an initial one-year term from July 31, 2026, to July 30, 2027, with the option for four consecutive one-year period extensions ending July 30, 2031, for Supervisory Control and Data Acquisition (SCADA) Support Services.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/Jrkesc6xuBw
Contact: Michael Wolfe, (805) 385-8055
E. ITEMS FOR FUTURE AGENDAS

F. ADJOURNMENT

3 PUBLIC WORKS AND TRANSPORTATION COMMITTEE

AGENDA REPORT

CONSENT AGENDA
AGENDA ITEM NO. C.1

DATE: July 14, 2026

TO: Public Works and Transportation Committee

FROM: Luly Lopez, City Clerk, (805) 385-7805, [email protected]

SUBJECT: Approval of Minutes.

RECOMMENDATION

That the Public Works and Transportation Committee approve the regular meeting minutes for June 23, 2026.

BACKGROUND

Approval of minutes.

STRATEGIC PRIORITIES

This agenda item is a routine operational item or does not relate to the five strategic priorities adopted by City Council on April 30, 2026.

FINANCIAL IMPACT

There is no financial impact.

Prepared by: Luly Lopez, City Clerk

ATTACHMENTS

1. Minutes of the Public Works and Transportation Committee for June 23 2026

4 MINUTES

OXNARD CITY COUNCIL

PUBLIC WORKS AND TRANSPORTATION COMMITTEE
Regular Meeting
June 23, 2026

A. ROLL CALL, POSTING OF AGENDA, FLAG SALUTE

At 6:48 p.m., Chair Luis A. Mc Arthur called to order the regular meeting of the Oxnard City Council Public Works and Transportation Committee in the City Hall Council Chambers at 305 West Third Street, Oxnard, California. Member Gabriela Basua, Vice Chair Gabriel Teran and Chair Luis A. Mc Arthur were present. The City Clerk stated that the agenda was posted on Tuesday, June 16, 2026 at the Library, City Hall kiosk, City Administrative Offices and on the website.

The meeting opened with the pledge of allegiance to the flag of the United States led by Chair Mc Arthur.

Staff members present were Alexander Nguyen, City Manager; Michelle McCarron, Assistant City Attorney; Michael Wolfe, Public Works Director; Brian Yanez, Assistant Public Works Director; Nicole Riley, Environmental Resource Manager; Jan Hauser, Wastewater Division Manager; Luis Ortega, Senior Analyst and Lourdes A. López, City Clerk.

Consideration of Teleconference Participation pursuant to Assembly Bill 2449.

B. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA AND NON-ACTION ITEMS

No public comments were received.

C. CONSENT AGENDA

1. City Clerk Department
SUBJECT: Approval of Minutes.

RECOMMENDATION: That the Public Works and Transportation Committee approve the regular meeting minutes for April 28, May 26 and June 9, 2026.

No public comments were received.

It was moved by Member Basua, seconded by Vice Chair Teran, to approve the Information/Consent item as presented. VOTE: Teran, Basua and Mc Arthur voted in favor; the motion carried 3-0.

5 OXNARD CITY COUNCIL: PUBLIC WORKS AND TRANSPORTATION COMMITTEE June 23, 2026 - Page 2

D. REPORTS

1. Public Works Department

SUBJECT: Information Technology Software Agreement 32700023 with Routeware, Inc. for Collection Truck Routing Software and Modernization for the Environmental Resources Division.

RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute an Agreement with Routeware, Inc. in an amount not to exceed $1,192,758.81 for a term of three years from July 22, 2026, to July 21, 2029, for a collection truck routing and modernization software for the Environmental Resources Division.

Assistant Public Works Director Yanez and Environmental Resources Manager presented and were available to answer questions. Discussion ensued among the Committee and staff.

No public comments were received.

It was moved by Chair Mc Arthur, seconded by Member Basua, to approve the recommended action as presented. VOTE: Basua, Teran and Mc Arthur voted in favor; the motion carried 3-0.

2. Public Works Department

SUBJECT: General Services Agreement 32700034 with Quinn Company, for As- needed On-Call Preventative Maintenance, Repairs, Annual Testing, and Rental Services.

RECOMMENDATION: That the Public Works and Transportation Committee recommends that the City Council approve and authorize the Mayor to execute an Agreement with Quinn Company in an amount not to exceed $2,250,000 for a five- year term from July 22, 2026, through July 21, 2031, for as-needed preventative maintenance, on-call repairs, annual testing, and rental services for the Public Works Department.

No public comments were received.

It was moved by Vice Chair Teran, seconded by Member Basua, to approve the recommended action as presented. VOTE: Teran, Basua and Mc Arthur voted in favor; the motion carried 3-0.

6 OXNARD CITY COUNCIL: PUBLIC WORKS AND TRANSPORTATION COMMITTEE June 23, 2026 - Page 3

3. Public Works Department
SUBJECT: FY 2026-27 Blanket Purchase Orders for the Public Works Department.

RECOMMENDATION: That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Purchasing Agent to execute purchase orders from July 1, 2026, to June 30, 2027, consistent with the City’s purchasing requirements, with the following vendors:

1. Applied Industrial Technologies for a new not-to-exceed amount of $300,000 for industrial supplies/equipment (e.g., pumps, motors, belts, and bearings);

2. Grainger, Inc. for a new not-to-exceed amount of $400,000 for safety-related equipment and industrial equipment, maintenance supplies, tools and parts;

3. Home Depot U.S.A., Inc. for a new not-to-exceed amount of $300,000 for hardware, tools, construction materials and products; and

4. Ventura County Auto Supply (NAPA) for a new not-to-exceed amount of $250,000 for garage tools, equipment, and fleet maintenance supplies.

The Wastewater Division Manager and Senior Analyst presented and were available to answer questions. Discussion ensued among the Committee and staff.

No public comments were received.

It was moved by Chair Mc Arthur, seconded by Vice Chair Teran, to approve the recommended action as presented. VOTE: Basua, Teran and Mc Arthur voted in favor; the motion carried 3-0.

4. Public Works Department
SUBJECT: Agreement 32600562 with Solenis LLC for Supply and Delivery of Cationic Polymer for the Wastewater Division.

RECOMMENDATION: That the Public Works and Transportation Committee recommend the City Council approve and authorize the Mayor to execute an Agreement with Solenis LLC for an initial one-year term from July 22, 2026, to July 21, 2027, with the option for four consecutive one-year period extensions ending July 21, 2031, for a total contract not-to-exceed amount of $1,600,000, if extended, for the supply and delivery of cationic polymer to the Wastewater Division.

No public comments were received.

It was moved by Vice Chair Teran, seconded by Member Basua, to approve the recommended action as presented. VOTE: Teran, Basua and Mc Arthur voted in favor; the motion carried 3-0.

7 OXNARD CITY COUNCIL: PUBLIC WORKS AND TRANSPORTATION COMMITTEE June 23, 2026 - Page 4

5. Public Works Department
SUBJECT: Revenue Agreement A-8616 with Pacific Byproducts, Inc. dba Coastal Byproducts for Fats, Oils, and Grease Acceptance Pilot Study.

RECOMMENDATION: That the Public Works and Transportation Committee recommend the City Council approve and authorize the Mayor to execute a revenue agreement with Pacific Byproducts, Inc. dba Coastal Byproducts for an initial term of one year from July 22, 2026, to July 21, 2027, with the option for two consecutive one-year period extensions ending July 21, 2029, for the Wastewater Division to accept hauled fats, oils, and grease at the Oxnard Water Resource Recovery Facility.

No public comments were received.

It was moved by Member Basua, seconded by Vice Chair Teran, to approve the recommended action as presented. VOTE: Basua, Teran and Mc Arthur voted in favor; the motion carried 3-0.

E. ITEMS FOR FUTURE AGENDAS

Member Basua requested a report on the condition of the tennis and basketball court surfaces at Pleasant Valley Park, along with an estimate of the cost to resurface both courts.

Vice Chair Teran requested an update on the storm drain issues along Oxnard Boulevard in South Oxnard. In light of preparations for a potential super El Niño, he also requested any available updates or background information on the City’s stormwater infrastructure, including similar drainage challenges and needs, to help inform future discussions.

F. ADJOURNMENT

There being no further business on the agenda, and without objection, Chair Mc Arthur adjourned the meeting at 7:11 p.m.

________________________________ ________________________________ LOURDES A. LÓPEZ LUIS A. MC ARTHUR
City Clerk Chair

8 PUBLIC WORKS AND TRANSPORTATION COMMITTEE

AGENDA REPORT

REPORTS
AGENDA ITEM NO. D.1

DATE: July 14, 2026

TO: Public Works and Transportation Committee

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

SUBJECT: Park Bench and Tree Donation Program.

RECOMMENDATION

That the Public Works and Transportation Committee recommend the City Council approve the City of Oxnard Park Bench and Tree Donation Program.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/D7O6J59hqPs

BACKGROUND

The Public Works Department has received inquiries from residents about purchasing memorials to honor individuals or causes, for example, a memorial bench at Ololkoy Beach Park to honor an individual and a memorial tree at any City Park to honor victims of domestic violence. However, there is no formal program in place for residents to donate these items to honor a person, group, or event. Therefore, the Parks, Recreation, & Community Services Commission (“Commission”) formed an Ad Hoc Committee in February 2025 to research other municipal donation programs, determine which items should be included in the donation program, the language for donation plaques, and the term of the donations. The members of the Ad Hoc Committee included the Commission Chair and Vice-Chair. Staff worked with the Ad Hoc Committee and compiled the information and their recommendations to create the DRAFT Park Bench and Tree Donation Program.

DISCUSSION

At their November 19, 2025, Parks, Recreation, and Community Services Commission meeting, the Commission completed their edits of the DRAFT Park Bench and Tree Donation Program and requested that this program be considered by the City Council.

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

9 There is no financial impact for the approval and administration of this program. The Parks Division will manage this program, and the costs of the Park Bench and Tree Program will be paid by donors. The “Standard” Bench and Tree costs are based on the current price of the item with a plaque, in addition to the current costs for shipping, taxes, installation labor, and materials. Therefore, the costs for these items are subject to change. Any funding received from donors will be recorded as donation revenue in the Contribution Trust Fund (571). These funds will be administratively appropriated, as authorized by the City's financial policies, to the same fund (571), to record the expenditures.

Prepared by: Steve Howlett, Assistant Public Works Director

ATTACHMENTS

1. DRAFT Park Bench and Tree Donation Program

2. Presentation

10 Public Works Department 305 West Third Street, East Wing, Third Floor Oxnard, California 93030 Tel 805.385.7900 PARK BENCH AND TREE DONATION PROGRAM The City of Oxnard’s Donation Program for Benches and Trees within City Parks and Facilities provides

opportunity

for

individuals

and

groups

honor

person,

group,

accomplishment.

The

Parks

Manager

must

approve

each

Bench

Tree

Application,

including

the

type

and

location,

before

the

applicant’s

payment

submitted.

The

Parks

Manager

will

determine

the

style,

color,

and

location

the

Bench,

the

type

and

location

the

Tree

complimentary

the

design

the

park.

All

Trees

will

comply

with

the

City

Oxnard

Landscape

Standards.

the

event

requested

item

location

not

available

feasible,

the

Parks

Manager

will

work

with

the

applicant

provide

alternatives.

THE PLAQUE The cost of the Bench or Tree Donation includes a plaque with one of these two options: “In Honor of” “In Memory of” Person, Group, or Event Person or Event Date of Recognition or Event Date of Recognition or Event APPLICATIONS Applicants are encouraged to contact the Parks Manager at (805) 385-7950 to confirm the intended

Bench

Tree

Donation

meets

the

criteria

this

Program.

Applications

are

available
online at www.oxnard.gov/publicworks/parks Applications will not be accepted if the City determines the Application promotes commercial activities,

events

and

ideas

that

will

divide

people,

cause

exclusion,

cause

conflict,

discrimination.

Only one Bench or one Tree will be dedicated to a single person, group, or event. Appeals for additional

dedications

may

submitted

the

Public

Works

Director,

City

Manager,

City

Council.

The Parks Manager may approve a requested Memorial Bench or Tree donation (see below for Cost

and

Payment)

replace

non-memorial

bench

tree

that

damaged,

missing,

has

reached

the

end

its

lifecycle.

OWNERSHIP All Memorial Benches and Trees become the property of the City upon installation. 11

Page 2 ends

addition

the

current

costs

for:

shipping,

taxes,

installation

labor,

and

materials.

Therefore,

the

costs

for

these

items

are

subject

change
.

(6ft. Bench – Color to match existing Park Scheme) $2,000 (2026 Price) For Parks that do not have the “Standard” style bench, such as Ololkoy Beach Park and Plaza Park,

please

contact

the

Parks

Manager

for

the

cost

and

availability

for

Bench

Donation

that

matches

the

standard

for

that

park.

with

the

“Standard”

Bench,

the

cost

based

the

current

price

the

item

with

plaque,

addition

all

costs

for:

shipping,

taxes,

installation

labor

and

materials.

$1,000 (2026 Price) (24in. Box -Appearance will vary based on Species) Full payment must be received with the Approved Application before the Bench or Tree is installed.

Payments must be made through the Parks payment portal at www.facilitron.com/co93030 TERM Bench and Tree Donations are guaranteed to be maintained for 10 years. During this term, the City

will

responsible

for

maintaining

and

replacing

the

Bench

Tree,

with

plaque,

necessary,

due

normal

wear

and

tear,

vandalism,

acts

nature.

After

10 years,

the

City

Page 3 ends

without

approval

from

the

donor.

The

Donor

welcome

apply

for

another

Donation

that

will

subject

the

current

standard

and

cost

for

the

item

that

time.

13 Public Works & Transportation Committee, July 14, 2026 City Council, July 30, 2026
Steve Howlett
Assistant Public Works Director
Park Bench and Tree Donation Program
14 RECOMMENDATION 2
That the Public Works and Transportation Committee
recommend the City Council approve the City of Oxnard Park Bench and Tree Donation Program.
15 RECOMMENDATION 3
That the City Council approve the City of Oxnard Park Bench and Tree Donation Program.
16 BACKGROUND
• The Public Works Department has received inquiries from residents about purchasing memorials to honor individuals or causes, for example a memorial bench at Ololkoy Beach Park to honor an individual and a memorial tree at any City Park to honor victims of domestic violence.
• There is no formal program in place for residents to donate these items to honor a person, group, or event.
• Therefore, the Parks, Recreation, & Community Services Commission (“Commission”) formed an Ad Hoc Committee in February 2025 to research other municipal donation programs, determine what items should be included as part of the donation program, the language for donation plaques, and the term of the donations.
4 17

BACKGROUND
• The members of the Ad Hoc Committee included the Commission Chair and Vice-Chair.
• Staff worked with the Ad Hoc Committee and compiled the information and their recommendations to create the DRAFT Park Bench and Tree Donation Program.
5 18

DISCUSSION
At their November 19, 2025 Parks, Recreation, and Community Services Commission meeting, the Commission completed their edits of the DRAFT Park Bench and Tree Donation Program and requested this program be considered by the City Council.
6 19
• There is no financial impact for the approval and administration of this program.
• The Parks Division will manage this program and the costs for the Park Bench and Tree Program will be paid by the donors.
• The “Standard” Bench and Tree costs are based on the current price of the item with a plaque, in addition to the current costs for shipping, taxes, installation labor, and materials. Therefore, the costs for these items are subject to change.

FINANCIAL IMPACT 7
20 COST AND PAYMENT
The “Standard” Bench and Tree costs are based on the current price of the item with a plaque, in addition to the current costs for: shipping, taxes, installation labor, and materials.

Therefore, the costs for these items are subject to change. (6ft. Bench – Color to match existing Park Scheme)
$2,000 (2026 Price)
For Parks that do not have the “Standard” style bench, such as Ololkoy Beach Park and Plaza Park, please contact the Parks Manager for the cost and availability for a Bench Donation that matches the standard for that park. As with the “Standard” Bench, the cost is based on the current price of the item with plaque, in addition to all costs for: shipping, taxes, installation labor and materials.

FINANCIAL IMPACT 8
21 COST AND PAYMENT
(24in. Box -Appearance will vary based on Species)
$1,000 (2026 Price)
Full payment must be received with the Approved Application before the Bench or Tree is installed.

Payments must be made through the Parks payment portal at www.facilitron.com/co93030 FINANCIAL IMPACT 9
22 Questions
23 PUBLIC WORKS AND TRANSPORTATION COMMITTEE

AGENDA REPORT

REPORTS
AGENDA ITEM NO. D.2

DATE: July 14, 2026

TO: Public Works and Transportation Committee

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

SUBJECT: Multiple Professional Services Agreements for On-Call Design and Constructability Review Services.

RECOMMENDATION

That the Public Works and Transportation Committee recommend that the City Council approve and authorize the Mayor to execute the following Professional Services Agreements, each with an initial term of three years from July 31, 2026, to July 30, 2029, with an option for two consecutive one-year period extensions ending July 30, 2031, for On-Call Design and Constructability Review Services:

1. Agreement 32700029 with Diversified Project Services International, Inc., for a total amount not to exceed $1,250,000.00;

2. Agreement 32700030 with Cumming Management Group, Inc., for a total amount not to exceed $1,250,000.00; and

3. Agreement 32700031 with Willdan Engineering, for a total amount not to exceed $1,250,000.00.

Please click the following link to view the required Measure M pre-recorded presentation video: https://youtu.be/fBmZOhkKlPA

BACKGROUND

The Public Works Department (PW) utilizes professional consulting firms to provide licensed and/or technical expertise in various disciplines that support the development and implementation of the Capital Improvement Program (CIP) as well as other non-CIP projects. Utilization of these specialized contractors is necessary to provide services that supplement the skills, experience, and sometimes peak workload times of City staff. It is in the City’s interest to have a pool of these professional service contractors available on-call for a range of technical disciplines so that services can be procured, and needed work can proceed, in fairly short order.

Pre-approved on-call professional service agreements reduce the amount of time necessary to procure service contractors and thus facilitate the timely completion of certain categories of CIP and other projects. The services covered under this request apply to projects involving public buildings, housing, public works infrastructure, public parks, and such other facilities as may be required by the City. Tasks may include ensuring a project's design is practical to construct, meets current local, State, and Federal design standards and building codes, follows Americans with Disabilities Act (ADA) Accessibility Guidelines, complies with Storm Water Pollution Prevention Plan (SWPPP) requirements, addresses safety concerns, is cost-effective, and is feasible to build. Services may also include identifying opportunities for value engineering; coordinating between disciplines and specifications; and producing clear, coordinated, cost-effective, and constructible bid documents.
24 This is the first instance Oxnard has issued professional On-Call agreements for Design and Constructability Review Services. As such, the historical usage costs for these services are difficult to separate from previous general structural contract expenditures. Over the next several years, it is anticipated that an increasing amount of design and constructability services will be needed to support complex CIP projects. The projected agreement amount per vendor, $1,250,000, should conservatively be sufficient to cover the anticipated needs in the current and near-future CIP; the actual amounts used may be less, and the next year or two will provide usage data, so future agreement values may be adjusted.

DISCUSSION

On January 20, 2026, the Purchasing Division issued a Request for Proposals (RFP) 26-40 for On-Call Consulting Services for Design and Constructability Review. The RFP was directly sent to three potential service providers and published on www.PublicPurchase.com as well as the City’s Purchasing website. The deadline for proposal submissions was February 26, 2026, and the City received a total of six proposals.

A rating and selection process of the proposals was then performed by a panel that consisted of a Senior Civil Engineer, a Senior Construction Project Manager, and a Construction Project Manager. Scoring criteria consisted of company profile, qualifications of proposed staff, relevant professional experience and performance, and overall responsiveness that best met the RFP criteria while being consistent with the City’s municipal code. After a thorough review, the panel selected three firms to recommend for Agreement awards, with a determination that these vendors are the highest-ranked proposers based on the scoring criteria listed in the RFP and are consistent with the City’s Purchasing Policy. The three recommended firms are:

Following further review by the Purchasing Division, it was determined that these vendors meet all required City contractual requirements, including possession of a City business tax certificate, insurance certificates, and corporate filing with the California Secretary of State. Therefore, based upon the analysis and research performed to date, staff believes that the three recommended vendors are capable of successfully performing On-Call Professional Services to the City of Oxnard.

Services under these agreements will be acquired on an as-needed basis, with individual task orders issued for each identified work requirement (task). These will be issued and managed by the Project Manager (PM) assigned to the project. Once a new requirement is identified, all contractors will be provided the Task Order requirement on which to provide a proposal, if they so choose. The contractors will then submit their respective proposals, which will include a description of the scope of work to be performed, the method by which the consultant plans on completing the work, and a cost and schedule for completion. It is the consultant's responsibility to determine the best and most cost-effective method to complete the work. Once the City has received all proposals, it will review each and make a selection of the firm based on factors that include price, experience, methods, and schedule.

Diversified Project Services International, Inc.

Cumming Management Group, Inc.

Willdan Engineering

STRATEGIC PRIORITIES

FINANCIAL IMPACT
25 The total cost for each agreement shall not exceed $1,250,000 for up to five years if all options to extend are exercised. Funding for individual tasks will be sourced from projects identified in the City Council-approved CIP or, on rarer occasions, for City Divisions with non-CIP project requirements (e.g., Parks division for structures at City parks). The respective Project Manager will ensure sufficient funding is available in the approved project budget for related tasks before initiating work orders or services performed.

Prepared by: Morgan Kessler, City Engineer

ATTACHMENTS

1. Agreement 32700029

2. Agreement 32700030

3. Agreement 32700031

4. Presentation

26 Agreement No. 32700029

ON-CALL PROFESSIONAL SERVICES AGREEMENT

BETWEEN

THE CITY OF OXNARD AND DIVERSIFIED PROJECT SERVICES INTERNATIONAL, INC.

B
y This On-Call Professional Services Agreement (“Agreement”), the City of Oxnard (“City”) agrees to engage the Services of Diversified Project Services International, Inc. (“Consultant”), and Consultant agrees to perform the Services for City as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. City and Consultant may be individually referred to as “Party” or collectively as the “Parties.”

1. [INTENTIONALLY OMITTED].

2. S
UMMARY DESCRIPTION OF SERVICES.

T
he consultant will provide design and constructability review services for City projects, assessing feasibility, compliance, safety, coordination, and cost - effectiveness. Services include identifying risks, recommending improvements, and supporting the development of clear, buildable, and bid-ready projects on a task-order basis. The Services to be performed pursuant to this agreement will be limited to the particular professional services that are identified in the Scope of Services, attached hereto as Exhibit A. Consultant has been prequalified to perform the particular services required by the City and the City shall issue Task Orders describing the particular project or services required by the City to the prequalified consultants and consultants shall submit a responsive proposal to the City’s Project Manager.

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

3. P
ARTIES.

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

D
iversified Project Services International, Inc., a corporation of the State of California, located at 5351 Olive Drive 100, Bakersfield, CA 93308.

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4. TERM OF AGREEMENT: From: July 31, 2026 To: July 30, 2029

A. Time is of the essence in this Agreement
B. The City shall have the option to exercise (2) consecutive (1) one-year term extensions, in accordance with the scope of work and terms and conditions of this Agreement. Any price negotiations, if allowed, shall be negotiated at the time of contract extension.

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

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

5. AGREEMENT AMOUNT NOT TO EXCEED: $ 1,250,000.00
1 6. AGREEMENT EXHIBITS. The following documents memorialized below are the only exhibits to this Agreement and are incorporated by reference as though fully set forth herein. In the event of a conflict between the Exhibits and this Agreement, the Agreement controls.

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

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

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

City Designated Representative
Name: Abe Anbessaw
Title: Engineer Division Manager
Phone: (805) 385-7675
Email: [email protected]
Address: 300 West Third Street, Oxnard
California 93030
Consultant Designated Representative
Name: Scott Radsick
Title: Director of Civil Engineering
Phone: (661) 371-2800
Email: [email protected]
Address: 5351 Olive Drive, Suite 100,
Bakersfield, CA 93308

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 exec uted and approved by the City.

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

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

9. CONSULTANT’S SERVICES.

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

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

C. The Services issued pursuant to a Task Order shall be coordinated with the designated City Project Manager set forth in Exhibit A and are subject to the direction of the City M anager or Department Director. Consultant her eby designates as its Project M anager, the individual identified in Section 7 of this Agreement, as the person responsible for the Servic es who shall

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coordinate with City’s Project Manager in executing the Scope of Services and Task Order(s) under this Agreement.

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

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

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

B. No price increases will be permitted during the first year of this Agreement (If applicable). All price decreases (for example, if Vendor/Contractor offers lower prices to another governmental entity) will automatically be extended to the City. The City requires written proof satisfactory to the City, upon the City’s acceptance, of cost increases prior to any approved price adjustment. After the first year of the award, a minimum of 60 -days advance notice in writing is required to be considered and approved by the C ity. No retroactive price adjustments will be considered. For Contracts, any price increases must be stated in a written amendment.

The net dollar amount of profit will remain firm during the period of the Agreement. Annual increases shall not exceed the Consumer Price Index- All Consumers, All Items, less food and energy – Los Angeles and be subject to satisfactory performance review by the City and approved (if needed) for budget funding by City Council. Annual adjustments shall apply to Task Orders issued aft er the adjustment is approved and not retroactively to in progress Task Orders.

11. PA
YMENT 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

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City disputes one or more items in an invoice, the City shall, within thirty (30) days after receipt of such invoice, notify the Consultant of the item(s) being disputed and the reason(s) therefore. The City may withhold payment for such disputed items until resolution of the dispute.

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

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 Taxpay er Identification Number and Certification, as issued by the Internal Revenue Service. If any sales tax is due for the Services performed by Consultant or materials or products provided to City by Consultant, Consultant shall pay the sales tax. City shall not reimburse Consultant for sales taxes paid by Consultant.

D. Non-Appropriation of Funds. Payments to be made to Consultant by City for the Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted and unencumbered appropriation of City. In the event City does not appropriate sufficient funds for payment of the Services beyond the current fiscal year, this Agreement shall cover payment for the Services only up to the conclusion of the last fiscal year in which City appropriated sufficient funds and shall automatically terminate at that fiscal year’s conclusion.

12. OPTION TO EXTEND AGREEMENT. When in the City’s best interest, this Agreement may only be extended, if the City, in its discretion, exercises an option term in accordance with Section 4 subparagraphs (B) and (C) of this Agreement. The initial

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

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

14. TERMINATION OF AGREEMENT. City may terminate this Agreement at any time, with or without cause and without penalty, upon fifteen (15) calendar days’ prior written notice pursuant to Section 22 of this Agreement. Such termination shall be effective on the date specified in the notice, or if no date is specified, then fifteen (15) calendar days from the date of the notice. City shall be liable to Consultant only for work done by Consultant up to and including the date of termination of this Agreement unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law. Consultant may terminate this Agreement at any time during the term of the Agreement by giving the City sixty (60) calendar days’ prior written notice.

15. [RESERVED].

16. INDEPENDENT CONTRACTOR. Consultant is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its employees or agents shall have control over the conduct of Consultant or any of its employees, except as stated in this Agreement. Consultant has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting Consultant. This Agreement shall not be interpreted to prevent or preclude Consultant from rendering any Services for Consultant’s own account or to any other person or entity as Consultant in its sole discretion shall determine; provided, however, that performing such Services shall not materially interfere with the Services the Consultant shall perform for the City. The

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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 other wise 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 fr om City any of the benefits or rights afforded employees of City, including but not limited to reserve leave, sick leave, vacation leave, holiday leav e, compensatory leav e, P ublic Employees Retirement System benefits, and health, life, dental, long-t erm 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. L
AWFUL 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. SA
FETY 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. S
TANDARD OF PERFORMANCE; WARRANTY. Consultant agrees to perform all Services required by this Agreement in a professional and competent manner, in accordance with the degree of skill and diligence which is normally employed by reputable professionals performing similar Services under similar conditions in the same or similar locality. Such Services shall also be performed in a manner which is

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

20. OW
NERSHIP 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 or Task Order; and Consultant shall, upon completion of all work or termination of this Agreement, submit to the City all information developed in the course of the Consultant 's services. Consultant shall, in such time and in such form as the City may require, furnish reports concerning the status of Services required under this Agreement.

Consultant shall, upon request by City and upon completion or termination of this Agreement, deliver to the City all material furnished to Consultant by the City.

C. Records and Inspections. The Consultant shall maintain full and accurate records, with respect to all Services and matters covered under this

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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 Gover nment 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 af ter 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

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satisfaction of the other Party within fifteen (15) days from th e date on which the breaching Party received notice of breach, the non-breaching Party may terminate this Agreement. Notice shall be given in the manner set forth in section 22.

22. NOTICE. All notices given or required to be given pursuant to this Agreement shall be in writing and may be given by personal delivery or by first-class mail. Notice sent by mail shall be addressed to each Party’s Designated Representative as set forth above in Section 7. When addressed in accordance with this Section, such notice shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices shall be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this Section.

23. INDEMNIFICATION, HOLD HARMLESS & DEFENSE. Except as set forth in Subsection A of this Section 23, and to the fullest extent permitted by law, Consultant shall immediately defend, indemnify, and hold harmless the City, its officers, employees, representatives, and agents (the “City Indemnitees”), from and against those actions, suits, proceedings, claims, demands, losses, cost s, 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 Sectio n 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 m ust 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.

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26. PREVAILING WAGE REQUIREMENTS. The payment of State prevailing wages as designated for Ventura County shall apply to public works projects. However, this section shall not apply to work performed on a public works project of twenty -five thousand doll ars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work; or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.

Prevailing wages are required to be paid to all workers, including subcontracted employees. For further information regarding Prevailing Wage Requirements please refer to Exhibit “F” attached to this Agreement.

A. T o determine if this Agreement is subject to compliance monitoring and enforcement, go to:
https://www.dir.ca.gov/Public-Works/PublicWorksSB854FAQ.html B. It is unlawful to split, or separate into small portions, work orders, projects, purchases, or public works projects for the purpose of evading these prevailing wage requirements.

C. In the event that there is a difference between the amount of wages to be paid under the City of Oxnard’s local Living Wage requirements an d 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.

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

29. CONFLICT OF INTEREST. Consultant covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Consultant’s Services under this Agreement.

Consultant further covenants that in the performance of Services under this Agreement, no officer, employee or agent of Consultant having such interest shall be employed by it. In the event the 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 pur suant 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 Ci ty’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

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American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed- upon service. The mediator shall be selected by a “blindfold” process. The cost of mediation shall be borne equally by both Parties.

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

32. ASSIGNMENT. This Agreement is for the professional Services of Consultant. Any attempt by Consultant to assign the benefits or burdens of this Agreement without the prior written approval of City shall be prohibited and shall be null and void. Consultant's Services pursuant to this Agreement shall be provided by the Consultant’s Designated Representative or directly under his/her supervision, and Consultant shall not assign another to supervise the Consultant 's performance of this Agreement without the prior written approval of City, by and through the City’s Designated Representative.

33. CARE OF WORK. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by the City, Consultant shall immediately inform the City of such fact and shall not provide any Services, except at Consultant’s risk, until written instructions are received from the Project Manager.

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

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

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occurs later. Consultant shall maintain all such records in City or to promptly reimburse City for all reasonable costs incurred in conducting the audit at a location other than in City, including but not limited to expenses for personnel, salaries, private auditor, travel, lodging, meals and overhead. Consultant shall include a copy of this Section in all contracts with its subcontractors, and Consultant shall be responsible for immediately obtaining those records or other written material from its subcontractors upon a request by the State Auditor and/or City.

36. ADVERTISING AND PUBLICITY. Consultant shall not use the name of or refer to City directly or indirectly in any advertisement, news release, or professional or trade publication without prior written approval from the City Manager. This Section shall survive the termination of this Agreement.

37. NONDISCRIMINATORY EMPLOYMENT. Consultant shall not unlawfully discriminate against any individual based on race, color, religion or religious creed, national origin, ancestry, ethnic group identification, primary language, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sex, sexual orientation, age, immigration status, citizenship or military and veteran status. Consultant understands and agrees that it is bound by and will comply with all legal nondiscrimination mandates. For every subcontractor who will perform Services, Consultant shall be responsible for such subcontractor’s compliance with this Section.

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

39. WAIVER. City’s review or acceptance of, or payment for, work product prepared by Consultant under this Agreement will not be construed to operate as a waiver of any rights City may have under this Agreement or of any cause of action arising from Consultant’s performance. A waiver by City of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.

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,

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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, v enue shall be in the Superior Court of California, County of Ventura.

42. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect and be enforceable.

43. INTEGRATED AGREEMENT. This Agreement and the attached exhibits referenced herein to this Agreement represent the entire understanding between the Parties. No verbal Agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the Parties to this Agreement and any subsequent successors and assigns.

44. NO THIRD-PARTY BENEFICIARY. This Agreement shall not be construed to be an Agreement for the benefit of any third- party or parties, and no third party or parties shall have any claim or right of action under this Agreement.

45. AUTHORITY TO EXECUTE. Each Party hereto expressly warrants and represents that the signatories to this Agreement have the authority to execute this Agreement on behalf of its corporation, partnership, business entity, or governmental entity, and warrants and represents that the signatories have the authority to bind each Party to the performance of its obligations hereunder.

46. EXECUTION – COUNTERPARTS. This Agreement may be executed in any number of counterparts and each such duplicate counterpart shall constitute an original, but they shall not be effective nor enforceable unless and until it is executed with the handwritten signature or electronic signature of an authorized representative of each of the relevant Parties. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterpart executed by the other Party to this Agreement is in the physical possession of the Party seeking enforcement thereof.

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47. INCONSISTENT OR CONFLICTING TERMS. In the event of any contradictions or inconsistencies between any attached documents or exhibits incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control. Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement.

Any contractual terms or conditions contained in such exhibit imposing additional obligations on the City are not binding upon the City and City’s Designated Representative unless specifically agreed to in writing, and initiated by City’s Designated Representative, as to each additional contractual term or condition.

48. CAPTIONS AND HEADINGS. The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content, scope, or intent of the provisions described under the respective caption or heading.

49. ACKNOWLEDGEMENT. By signing below, Consultant acknowledges that it has reviewed the City’s Professional Services Agreement terms and conditions and insurance requirements and that Consultant hereby agrees to full compliance.

[Signatures on next page]

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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 DIVERSIFIED PROJECT SERVICES
INTERNATIONAL, INC.
☐Luis A. Mc Arthur, Mayor2 Dat e Sam Lux, CEO Date ☐Libertad Macias, Purchasing Manager3
Chri stina Bottoms, Secretary4 Date
ATTES
T:

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

APPROVED
AS TO FORM:

Stephen M. Fischer, Date
City Attorney (always required)
2 The City Council must authorize and the Mayor must execute any agreement over $220,000. 3 The Purchasing Agent may execute any authorized agreement up to $220,000. 4 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of t he 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. .

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EXHIBIT A

PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Diversified Project Services International, Inc.)

SCOPE OF SERVICES

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

Design and Constructability Review Services - The Professional Services Consultant (Consultant) under this agreement shall provide design and constructability review support for the City of Oxnard’s (City) capital and other projects that involve public buildings, housing, public works infrastructure, utilities, transportation systems, public parks, community facilities, and other improvements as required by the City.

Tasks may include ensuring a project's design is feasible and practical to construct, meets current local, State, and Federal design standards and building codes, follows Americans with Disabilities Act (ADA) Accessibility Guidelines, complies with Storm Water Pollution Prevention Plan (SWPPP) requirements, addresses safety concerns, is cost -effective, and is feasible to build. Consultant shall determine any opportunity for value engineering.

These assessments shall be accomplished by tasks that include design and document review, coordination checks, risk identification, and recommendations for efficiency. The scope also includes considering coordination between disciplines and specifications, checking dimensions and elevations, and evaluating material choices to produce clear, cost-effective, and buildable bid documents. The overall goal of the tasks is to identify potential issues and opportunities early in the design process.

Consulting Services shall be provided by the Consultant only upon authorization by the City under a duly executed and approved Task Order. Each Task Order proposal shall identify a concise schedule for completion of the assigned work. It is the Consultant’s responsibility to determine the most efficient and cost-effective method to complete each Task so that the work can be completed to the satisfaction of the City. Task Orders shall be negotiated on either a lump sum or time-and-materials basis, using the hourly rate fee schedule as agreed to by the City and Consultant under the Master Agreement. Task Order funds will be encumbered based on the proposal submitted by the Consultant and approved by the City for each specific assignment. The Consultant shall, in the performance of this Agreement, maintain close communications with the City’s Project

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Manager or his/her designee. No services will be performed on any specific project until the City has issued a signed Task Order to the Consultant for that particular project.

Work Tas
ks:

Upon request by the city, Consultant shall perform the following tasks for municipal infrastructure and facility projects, as applicable to individual assignments:

Document and Design Analysis: Reviewing all project documents, including plans, specifications, cost estimates, and schedules, for clarity, completeness, and internal consistency.

Discipline Coordination: Checking for clashes, alignment, and tie- ins between various design disciplines (e.g., civil, structural, mechanical, electrical).

Specification Coordination: Ensuring plans and specifications are properly coordinated, with correct references and applicable notes.

Construction Feasibility: Evaluating if the design can be built efficiently using standard methods and techniques, and suggesting improvements to reduce complexity.

Cost and Schedule Optimization (value engineering): Identifying opportunities to use less expensive materials, standardize methods, or refine sequencing to reduce costs and shorten the construction schedule.

Risk Iden tification: Proactively identifying design- related risks, potential construction issues, and unforeseen site conditions that could lead to cost increases or delays.

Safety Considerations: Reviewing the design to ensure it addresses safety concerns and minimizes potential hazards during construction.

Material and Equipment Assessment: Evaluating material selections for cost - effectiveness and availability and confirming equipment needs.

Biddability and Bidding Accuracy: Ensuring the design documents are clear, concise, and complete enough for contractors to prepare accurate and competitive bids.

Operational Considerations: Assessing site access, operational constraints, and contractor capabilities to ensure constructability on-site.

Maintenance Needs: Considering future maintenance requirements during the design phase.

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Expected Deliverables:

A comprehensive list of design review comments.

Action items for designers and project teams to address identified concerns.

Recommendations for design modifications, alternative materials, or value engineering opportunities.

Revised project scope, cost, and schedule estimates, where appropriate/applicable.

Individual Project Task Order
Upon request by the City, the Consultant shall submit for City review an Individual Project Task Order Proposal including all information required to complete the assignment. A sample Task Order form will be provided by the City.

Each Task Order Proposal shall identify the following:

● Scope of Services: Specific tasks to be performed by the Consultant, listed in chronological order reflecting the full scope of work requested by the City. ● Personnel: Names and titles of Consultant’s staff assigned to perform the work, specifically identifying the individual who will serve as the Project Manager. ● Schedule: A proposed project schedule indicating the various tasks and estimated time required to complete each task, from initiation through completion. ● Cost Proposal: An estimated cost per task and a combined total Not -to-Exceed cost, based on the hourly rate fee schedule or other compensation method agreed upon in the Master Agreement.

No work shall be performed until the City has issued a signed Task Order authorizing the Consultant to proceed. The Consultant shall be responsible for performing the work in accordance with the approved scope, schedule, and budget to the satisfaction of the City.

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EXHIBIT B

PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Diversified Project Services International, Inc.)

SCHEDULE OF COMPENSATION

[See Next Pages]

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EXHIBIT C
PROF

ESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Diversified Project Services International, Inc.)

INSURANCE

REQUIREMENTS
_____
Pri
or to contract approval and beginning of services under this agreement, Consultant must procure, agree to maintain and supply evidence of insurance at the levels listed and in accordance with the other provisions listed in this document.
[See N
ext Pages]

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EXHIBIT D

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Diversified Project Services International, Inc.)

[RESERVED]

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EXHIBIT E

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Diversified Project Services International, Inc.)

LIVING WAGE POLICY

Pursuant to the Living Wage Policy adopted July 9, 2002 by the City Council and effective October 1, 2002, the City Manager and City Attorney are directed to include the following language in all standard Consultant/Professional Services contracts that may be governed by the Living Wage Policy.

A. Consultant shall compensate any employee of Consultant who provides Services under this Agreement in accordance wi th 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 $20.70 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, 2026

Consultant shall compensate any employee of Consultant who provides Services under this Agreement in accordance wi th 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 $20.70 per hour for each hour that such employee provides Services under this Agreement. This hourly rate shall be adjusted on July 1, 2027, 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 t he 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 Diversified Project Services International, Inc.)

PREVAILING WAGE

1. Consultant acknowledges that the Project defined in the Agreement between Consultant and City is a “public work” as defined in Division 2, Part 7, Chapter 1 of the California Labor Code (“Chapter 1”), and that this Agreement is subject to Chapter 1 and the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. Consultant shall perform the Project as a public work.

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

2. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.

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

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

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

5. Consultant shall comply with Labor Code Section 1776, which requires Consultant and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, (2) certify and make such payroll records available for inspection, and (3) inform City of the location of the records.

6. Consultant shall comply with Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects for all apprenticeable occupations. Before

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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. C onsultant acknowledges that 8 hours labor constitutes a legal day’s work.

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

10. Consultant shall comply with and be bound by Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit $25 for each worker employed in the performance of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by Consultant’s employees in excess of 8 hours per day and 40 hours per week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 ½ times the basic rate of pay.

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

12. Consultant shall be responsible for each and every one of its subcontractors’ compliance with Chapter 1, the DIR’s rules and regulations, and Labor Code Sections 1860 and 3700. Consultant shall include in the written contract between it and each subcontractor a copy of, and a requirement that each subcontractor shall comply with, those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractors’ compliance, including without limitation, conducting a periodic review of the certified payroll records of each

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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.

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EXHIBIT G

PROFESSIONAL SERVICES AGREEMENT
(CITY of Oxnard and Diversified Project Services International, Inc.)

IRAN CONTRACTING CERTIFICATION

[SEE NEXT PAGE]

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ON-CALL PROFESSIONAL SERVICES AGREEMENT

BETWEEN
THE CITY OF OXNARD AND CUMMING MANAGEMENT GROUP, INC.

By This On-Call Professional Services Agreement (“Agreement”), the City of Oxnard (“City”) agrees to engage the Services of Cumming Management Group, Inc. (“Consultant”), and Consultant agrees to perform the Services for City as herein described, for the compensation, during the term, and otherwise subject to the covenants and conditions herein set forth. City and Consultant may be individually referred to as “Party” or collectively as the “Parties.”

1. [INTENTIONALLY OMITTED].

2. SUMMARY DESCRIPTION OF SERVICES.

The consultant will provide design and constructability review services for City projects, assessing feasibility, compliance, safety, coordination, and cost - effectiveness. Services include identifying risks, recommending improvements, and supporting the development of clear, buildable, and bid-ready projects on a task-order basis. The Services to be performed pursuant to this agreement will be limited to the particular professional services that are identified in the Scope of Services, attached hereto as Exhibit A. Consultant has been prequalified to perform the particular services required by the City and the City shall issue Task Orders describing the particular project or services required by the City to the prequalified consultants and consultants shall submit a responsive proposal to the City’s Project Manager.

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

3. PARTIES.

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

Cumming Management Group, Inc., a corporation of the State of California, located at 276 Post Road W, 2
nd Floor, Westport, CT 06680.

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4. TERM OF AGREEMENT: From: July 31, 2026 To: July 30, 2029

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

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

City Designated Representative
Name: Abe Anbessaw
Title: Engineer Division Manager
Phone: (805) 385-7675
Email: [email protected]
Address: 300 West Third Street, Oxnard
California 93030
Consultant Designated Representative
Name: Anthony Sanchez
Title: Executive Vice President
Phone: 323-855-4710
Email: [email protected]
Address: 25240 Hancock Avenue, Suite
200, Murrieta, CA 92562

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

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

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

9. CONSULTANT’S SERVICES.

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

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coordinate with City’s Project Manager in executing the Scope of Services and Task Order(s) under this Agreement.

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

The net dollar amount of profit will remain firm during the period of the Agreement. Annual increases shall not exceed the Consumer Price Index- All Consumers, All Items, less food and energy – Los Angeles and be subject to satisfactory performance review by the City and approved (if needed) for budget funding by City Council. Annual adjustments shall apply to Task Orders issued after the adjustment is approved and not retroactively to in progress Task Orders.

11. PA
YMENT 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

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

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.

12. O
PTION 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

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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.

14. T
ERMINATION 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. I
NDEPENDENT CONTRACTOR. Consultant is and shall at all times remain, as to City, a wholly independent contractor. Neither City nor any of its employees or agents shall have control over the conduct of Consultant or any of its employees, except as stated in this Agreement. Consultant has and shall retain the right to exercise full control over the employment, direction, means of performance, location, compensation and discharge of all persons assisting Consultant. This Agreement shall not be interpreted to prevent or preclude Consultant from rendering any Services for Consultant’s own account or to any other person or entity as Consultant in its sole discretion shall determine; provided, however, that performing such Services shall not materially interfere with the Services the Consultant shall perform for the City. The

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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, v
acation leave, holiday leave, compensatory leave, Public Employees Retirement System benefits, and health, life, dental, long-t erm disability and workers’ compensation insurance benefits. Consultant shall not, at any time or in any manner, represent that it or any of its agents, s ubconsultants, or employees are in any manner agents, subconsultants, or employees of City.

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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 and Task Orders to be provided; and
(3) Has carefully considered how the services and related work should be performed; and
(4) Fully understands the facilities, difficulties and restrictions associated with performance of the services required by this Agreement.

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.

Consultant shall, upon request by City and upon completion or termination of this Agreement, deliver to the City all material furnished to Consultant by the City.

C. Records and Inspections. The Consultant shall maintain full and accurate records, with respect to all Services and matters covered under this

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Agreement. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles.

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satisfaction of the other Party within fifteen (15) days from the date on which the breaching Party received notice of breach, the non-breaching Party may terminate this Agreement. Notice shall be given in the manner set forth in section 22.

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.

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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.

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26. PREVAILING WAGE REQUIREMENTS. The payment of State prevailing wages as designated for Ventura County shall apply to public works projects. However, this section shall not apply to work performed on a public works project of twenty -five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work; or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.

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.

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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.

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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.

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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.

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,

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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.

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Any contractual terms or conditions contained in such exhibit impos ing additional obligations on the City are not binding upon the City and City’s Designated Representative unless specifically agreed to in writing, and initiated by City’s Designated Representative, as to each additional contractual term or condition.

[Signatures on next page]

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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 CUMMING MANAGEMENT GROUP,
INC.

☐Luis A. Mc Arthur, Mayor2 Date Anthony Sanchez, Executive VP Date ☐Libertad Macias, Purchasing Manager3

Al Jajeh, CFO4 Date

ATTEST:

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

APPROVED AS TO FORM:

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

2 The City Council must authorize and the Mayor must execute any agreement over $220,000. 3 The Purchasing Agent may execute any authorized agreement up to $220,000. 4 The City requires the following for any contract:
● For a corporation, the signatures of the Board President, CEO or Vice President and of the Board Secretary, Assistant Secretary, CFO or Assistant Treasurer;
● For an LLC, the signatures of at least two managers of the LLC (company directors, not lower-lev el managers); or ● For a partnership, the signature of a partner. If the partnership is a limited partnership, the signer must be a general partner.

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EXHIBIT A

PROFESSIONAL SERVICE AGREEMENT
(CITY of Oxnard and Cumming Management Group, Inc.)

SCOPE OF SERVICES

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

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Manager or his/her designee. No services will be performed on any specific project until the City has issued a signed Task Order to the Consultant for that particular project.

Work Tasks: