To: MAYOR AND CITY COUNCIL
From: ANDREW WINJE, PUBLIC WORKS DIRECTOR
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APPROVE AN AMENDMENT TO THE AGREEMENT WITH TORO ENTERPRISES, INC. TO EXPAND THE SCOPE OF WORK TO INCLUDE ON-CALL, AS-NEEDED, STORM DRAIN AND SEWER MAINTENANCE AND REPAIR SERVICES IN SUPPORT OF THE CITY'S FLOOD PROTECTION PLAN AND EL NIÑO WINTER STORM RESPONSE EFFORTS, INCREASING THE CONTRACT NOT-TO-EXCEED AMOUNT BY $1,600,000, FOR A NEW TOTAL NOT-TO-EXCEED AMOUNT OF $1,978,875
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EXECUTIVE SUMMARY
Staff recommends approval of an amendment to the Agreement with Toro Enterprises, Inc. (Toro) to add on-call, as-needed, maintenance and emergency repair services for the City’s aging storm drain and sanitary sewer facilities. Establishing contractor readiness before the winter storm season begins will enable prompt response to urgent and unexpected maintenance/repair needs. The services would also support the City’s preparations for the increased rainfall intensity predicted as a result of this winter’s El Niño weather condition.
On September 16, 2025, the City Council approved an agreement with Toro for emergency storm drain and sewer point repairs at four designated locations. The Agreement provided $303,100 for repairs and a $75,775 contingency, for a total not-to-exceed amount of $378,875. The assigned repairs at Dixon Avenue, Ormond Avenue/Steinhart Avenue, and Marshallfield Avenue have been successfully completed. The fourth location, the PCH/Knob Hill Avenue sewer repair, was removed from Toro’s scope of work as Caltrans assumed responsibility for the repairs and is performing the work at no cost to the City.
The proposed amendment to the agreement with Toro would add $800,000 for on-call storm drain services and $800,000 for on-call sanitary sewer services, increasing the agreement’s not-to-exceed amount by $1,600,000 to $1,978,875. The agreement’s existing expiration date of September 16, 2028 would remain unchanged.
Critical preparations for, and the likelihood of emergency response during, the predicted El Niño winter season is driving staff’s recommendation to amend the contract with Toro to include on-call services. The City’s procurement ordinance for public works maintenance and repair projects allows a contract award after three quotes have been requested. Toro was selected on this basis for the scope of work completed under the current agreement and has agreed to continue their previously bid/competitive unit pricing for the proposed amendment. While not required, staff performed additional due diligence on the pricing by confirming the unit rates against similar contracts with the City of Oxnard and the Las Virgenes Municipal Water District and the Caltrans published equipment rates for Southern California. In addition, Toro has shown that they are responsive to the City’s scheduling needs and have performed all previous work for the City with proper pace and quality.
BACKGROUND
The City’s aging storm drain and sanitary sewer systems require ongoing inspection, maintenance, and repairs to maintain reliable service and to protect public infrastructure. This is especially true during heavy winter storms. The systems include corrugated metal pipe (CMP) storm drains, vitrified clay pipe (VCP) sewer mains, and manholes. Deteriorated pipe walls, damaged joints, cracks, and root intrusion can contribute to soil loss, sinkholes, roadway damage, flooding, and sanitary sewer overflows. Some pipelines continue to carry flow despite structural defects and may require stabilization or point repairs before further rehabilitation can proceed.
On September 16, 2025, the City Council awarded an agreement to Toro following a solicitation process in which staff obtained three quotes and Toro submitted the most competitive proposal. Toro successfully completed the assigned repairs, less a sewer repair within Caltrans’ right-of-way involving damage caused by Caltrans electrical conduits. Caltrans accepted responsibility for the work and is completing the repair at no cost to the City. Accordingly, the work was removed from Toro’s original scope of service.
As the existing Agreement covers work at specific locations only, the proposed first amendment would add on-call maintenance, emergency response, and repair services to the contract scope to address repair needs likely to occur during the City’s upcoming El Nino driven storm season. Having a contractor in place prior to the storm season will allow staff to make preventive repairs in high-risk locations and to respond promptly to urgent and emergency repair needs as they arise, particularly when storms increase demand for crews and equipment. These services will help maintain storm drain flow and sewer operations during, and following, storm events.
Services performed under the first amendment will be requested from Toro by Public Works personnel as needed, with no minimum volume of work committed by the City. For each task, Toro will submit a Task Proposal identifying the scope, quantities, estimated cost, and schedule. Work may begin only after written authorization by the City Engineer, or designee, and confirmation of available funding in the applicable storm drain or sanitary sewer fund.
Payment will be based on documented time and materials using approved (and as noted above, competitively priced) rates, within the Agreement’s scope and compensation limits. Toro will provide field reports, itemized invoices, and applicable repair documentation and obtain City authorization for changes affecting scope, cost, or schedule. Staff reviewed comparable on-call agreements with other agencies and found the proposed terms and pricing to be fair and competitive. Staff recommends that Council approve the proposed first amendment.
COORDINATION
This item has been coordinated with the Public Works Engineering and Operations Divisions. The First Amendment has been reviewed and approved as to form by the City Attorney’s Office.
FISCAL IMPACT
The agreement does not commit the City to any specific expenditure. As Toro’s services are requested/utilized, funding for the specific work assignment will be charged to the appropriate sewer or storm drain capital improvement project account using funds appropriated by the City Council in the CIP Budget.
APPROVED BY:
Mike Witzansky, City Manager
ATTACHMENTS
• Agmt - First Amendment to the Agreement with Toro Enterprises, Inc.
• Agmt - Original Agreement with Toro Enterprises, Inc., September 16, 2025
• Insurance - Toro Enterprises, Inc.