Agenda packet — Hawaiian Gardens City Council, March 25, 2026

CITY OF HAWAIIAN GARDENS
CITY COUNCIL AGENDA
Luis Roa, Mayor Pro Tem
Dandy De Paula, Councilmember
Victor Farfan, Councilmember
Ernie Vargas, Councilmember
Maria Teresa Del Rio,
Mayor
Wednesday, March 25, 2026
Regular Meeting, 6:00 PM
Ernesto Marquez, City Manager
Norma Tabares, City Attorney
Pablo Rubio, City Clerk
Meeting Location: City Council Chambers, 21815 Pioneer Boulevard, Hawaiian Gardens, California.

ADA Information: The City of Hawaiian Gardens complies with the provisions of the Americans with Disabilities Act (ADA). Anyone needing special assistance please contact the City Clerk’s Department at (562) 4202641 x 240, at least one (1) business day prior to the meeting so that we may accommodate you.

Bilingual Information: Anyone needing a Spanish bilingual interpreter for ORAL COMMUNICATION ONLY, please contact the City Clerk’s Department at (562) 4202641 x 240, at least one (1) business day prior to the meeting so that we may accommodate you.

The meeting can be viewed as a courtesy only and with no guarantee as to feasibility and disruption via various platforms as follows:

City of Hawaiian Gardens local cable/channel:

ATT 99
FRONTIER 16
Spectrum 36
Live Stream via City website at: www.hgcity.org.

INVOCATION
FLAG SALUTE
ROLL CALL
PUBLIC HEARING COMMENTS AND AGENDA GENERAL COMMENTS ARE TO BE

CITY COUNCIL AGENDA

REGULAR MEETING
MARCH 25, 2026 Page 1
Spectrum 36
Live Stream via City website at: www.hgcity.org.

INVOCATION
FLAG SALUTE
ROLL CALL
PUBLIC HEARING COMMENTS AND AGENDA GENERAL COMMENTS ARE TO BE SUBMITTED AND CONDUCTED AS FOLLOWS:

Please note that public comment is only guaranteed to be taken inperson during the meeting or prior to the meeting inwriting by complying with the below procedures. Remote participation is provided as a courtesy only and should not be relied upon to guarantee participation in the meeting. The City reserves the right to terminate remote participation methods (subject to Brown Act restrictions) at any time and for whatever reason. So long as the public may still attend the meeting inperson, the meeting will continue.

VIA WRITTEN CORRESPONDENCE / ECOMMENT: Members of the public who wish to comment on matters before the City may submit written correspondence to the following email address: [email protected], or by ecomment on the City’s website, by no later than Wednesday, March 25, 2026 at 4:00pm. Note: Written correspondence will not be read into the record during the meeting; however, correspondence received by 4:00pm will be forwarded to the City Council, made a part of the official record, and made available for public review during the meeting. If submitting a comment pertaining to an agenda item, please reference the agenda item.

INPERSON COMMENT the City Council will provide members of the public with the opportunity to address the City Council inperson on any issues within the subject matter jurisdiction of the Council or to speak on items on and off the agenda, except for Public Hearing items. Each speaker shall be limited to three (3) minutes of public comment at each regular meeting. The City Council shall not discuss or take action relative to any public comment unless authorized by California Government Code Section 54954.2(b).

COURTESY VIRTUAL PARTICIPATION: As noted above, remote participation is offered merely as a courtesy and convenience. The City cannot guarantee that the public's access to remote participation will be uninterrupted. The City cannot guarantee it will not terminate use of remote participation during the meeting. In order to ensure participation in the meeting, please attend inperson or submit a written comment as set forth above.

Courtesy remote participation will be conducted as follows: All members of the public participating via Zoom will be placed on mute, except for during the opportunity for public comments and when recognized by the Mayor. Members of the public may participate via Zoom by logging on via the information below:

Meeting Link: https://us02web.zoom.us/j/84396805805?

CITY COUNCIL AGENDA

REGULAR MEETING
MARCH 25, 2026 Page 2
public comment unless authorized by California Government Code Section 54954.2(b).

Meeting Link: https://us02web.zoom.us/j/84396805805?
pwd=b3dOSGJmdTdiVjZGQWR4VkxxalBidz09
Meeting ID: 843 9680 5805 Passcode: HG1
Members of the public shall have the right to observe and offer public comment at the public meeting, consistent with the public's rights of access and public comment otherwise provided for by the Brown Act, as applicable (including, but not limited to, the requirement that such right of access and public comment be made available in a manner consistent with the Americans with Disabilities Act). The City reserves the right to utilize teleconferencing in accordance with AB 2449.

PROCLAMATIONS AND CERTIFICATES

1. RECOGNITION OF YOUTH EMPLOYMENT PROGRAM COMMUNITY BUSINESS

PARTNERS

PRESENTATIONS

1. ABC UNIFIED SCHOOL DISTRICT UPDATES BY FRANCISCO NOYOLA, PRESIDENT OF THE BOARD
AGENDA ORGANIZATION
This is the time for the City Council to discuss any changes in the order of agenda items.

A. PUBLIC HEARING(S) / HEARING(s)

1. Recommendation to hold a public hearing and adopt Resolution No. 0032026, for approval of the 20262027 Community Development Block Grant (CDBG) Program and Budget.

SUGGESTED ACTION: Approve Recommendation.

2. Recommendation to hold a public hearing and receive and file the Status of Vacant Positions Report as required by California Assembly Bill 2561.

SUGGESTED ACTION: Approve Recommendation.

B. CONSENT CALENDAR

1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA
That the City Council waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.

SUGGESTED ACTION: Approve Recommendation.

2. Recommendation to receive and file the Community Development Department,

CITY COUNCIL AGENDA

REGULAR MEETING
MARCH 25, 2026 Page 3
B. CONSENT CALENDAR

SUGGESTED ACTION: Approve Recommendation.

2. Recommendation to receive and file the Community Development Department, Code Enforcement Division Report for the month of February 2026.

SUGGESTED ACTION: Approve Recommendation.

3. Recommendation to receive and file the Community Development Department, Building & Safety Division Report for the month of February 2026.

SUGGESTED ACTION: Approve Recommendation.

4. Recommendation to receive and file the Community Development Department, Planning Division Report for the month of February 2026.

SUGGESTED ACTION: Approve Recommendation.

5. Recommendation to approve a oneyear extension of the OnCall Professional Services Agreements with Ardurra Group Inc., and Psomas for construction management, inspection, engineering support, geotechnical engineering, surveying, and material testing services.

SUGGESTED ACTION: Approve Recommendation.

6. Recommendation to receive and file the Public Works Department Permits report for the months of January and February 2026.

SUGGESTED ACTION: Approve Recommendation.

7. Recommendation to receive and file warrants processed during the period of February 28 to March 13, 2026.

SUGGESTED ACTION: Approve Recommendation.

8. Recommendation to approve the minutes for the City Council meeting of Wednesday, March 11, 2026.

SUGGESTED ACTION: Approve Recommendation.

C. DISCUSSION ITEM(S)

1. Recommendation to adopt Resolution No. 0042026, identifying the Street Improvements Project and adopting the list of projects for Fiscal Year 202627 funded by SB 1: the Road Repair and Accountability Act of 2017.

SUGGESTED ACTION: Approve Recommendation.

D. NEW BUSINESS
E. ORAL STAFF REPORT(S)

CITY COUNCIL AGENDA

REGULAR MEETING
MARCH 25, 2026 Page 4
SUGGESTED ACTION: Approve Recommendation.

C. DISCUSSION ITEM(S)

SUGGESTED ACTION: Approve Recommendation.

D. NEW BUSINESS
E. ORAL STAFF REPORT(S)
F. CITY ATTORNEY REPORT(S)
G. ORAL COUNCIL REPORT(S)
H. CLOSED SESSION
I. ADJOURNMENT
Adjourn to the next Regular City Council meeting to be held on Wednesday, April 8, 2026 at 6:00 PM.

CITY COUNCIL AGENDA

REGULAR MEETING
MARCH 25, 2026 Page 5

CITY OF HAWAIIAN GARDENS

CITY COUNCIL

STAFF REPORT
Agenda Item #A1
DATE: March 25, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Linda Hollinsworth, Finance Director
RECOMMENDATION:

RECOMMENDATION TO HOLD A PUBLIC HEARING AND APPROVE RESOLUTION NO. 003-2026, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAWAIIAN GARDENS FOR APPROVAL OF THE 2026-2027 COMMUNITY DEVELOPMENT

BLOCK GRANT (CDBG) PROGRAM AND BUDGET

SUMMARY
The City, in preparation of its application for participation in the Los Angeles County 2026- 2027 Community Development Block Grant (CDBG) Program, is required to provide residents an opportunity to provide input on housing and community development needs.

This public hearing meets the citizen participation requirements of the CDBG program and was properly noticed (see Attachment). The Los Angeles County Development Authority (LACDA) has notified the City that the estimated CDBG allocation for fiscal year 2026-2027 is $121,589.

The primary objective of the CDBG Program is the development of viable urban communities, including providing decent housing, promoting a suitable living environment, and expanding economic opportunity, principally for persons of low-to moderate-incomes.

For the 2026-2027 program year, one (1) project is being proposed for funding. Staff is proposing funding for the following street improvements projects. Costs have been budgeted within the individual project budget.

REHABILITATION AND PRESERVATION ACTIVITIES:

STREET IMPROVEMENTS ($121,589)
Agenda Item #A1
March 25, 2026

Page 2 ends

This new proposed non-public service project provides for the repairs to deteriorated gutters, removal of material barriers, installation of ADA compliance curb ramps, repairs to cracked and uneven sidewalks, and reconstruction of cracked and damaged streets at the following locations:

1. 212th Street from Norwalk Blvd to Claretta Ave

2. Claretta Avenue from 211th Street to 214th Street

3. 216th Street from Norwalk Blvd. to Belshire Avenue

4. 211th Street from Norwalk Blvd. to Claretta Avenue

5. 213th Street from Norwalk Blvd. to Claretta Avenue

6. 214th Street from Norwalk Blvd. to Claretta Avenue

7. 215th Street from Norwalk Blvd. to Belshire Avenue

8. Tilbury Street from Norwalk Blvd. to Belshire Avenue

9. Belshire Avenue from Carson Street to 214th Street
Staff determined that the proposed project is an appropriate use of CDBG funds and aligns with CDBG Program objectives. If approved, the City Council is required to adopt a resolution affirming the use of CDBG funds for the project(s).

FISCAL IMPACT
The City will receive an estimated allocation of $121,589 in new CDBG grant funds for fiscal year 2026-2027.

SUGGESTED ACTION
Approve Recommendation.

ATTACHMENTS
A. Resolution 003-2026
B. Public Hearing Notice

ATTACHMENT A

CITY OF HAWAIIAN GARDENS
RESOLUTION NO. 003-2026

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAWAIIAN GARDENS FOR APPROVAL OF THE 2026-2027 COMMUNITY

DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND BUDGET
WHEREAS, on August 22, 1974 the President of the United States signed into law the Housing and Community Development Act of 1974; and WHEREAS, the primary goals of Title I of the Act are the development of viable urban communities by providing decent housing and a suitable living environment, and expanding economic opportunities, principally for persons of low and moderate income; and
WHEREAS, the City of Hawaiian Gardens has received notification of the availability of an estimated allocation of $121,589 in federal CDBG funds to further the attainment of these goals during Fiscal Year 2026-2027; and WHEREAS, the City has noticed information regarding eligible activities under the Act and has conducted a public hearing to solicit comments or suggestions from the community for utilization of these funds; and
WHEREAS, the City Council has considered testimony presented to it in order to make the following determination.

NOW, THEREFORE, BE IT RESOLVED by the Hawaiian Gardens City Council as follows:

Section 1. That the Hawaiian Gardens City Council allocates its available Community Development Block Grant funds for the following projects:

STREET IMPROVEMENTS $121,589
Section 2. The Mayor and/or City Manager is authorized to direct staff to submit the City's application package for Fiscal Year 2026-2027 to the County of Los Angeles, reflecting the funding allocations set forth herein. Should the City's allocation vary by no more than 25% from the figures contained herein, the City Manager is authorized to allocate any additional funds to eligible activities.

Section 3. The Mayor and/or City Manager are authorized to execute the agreements necessary to implement the Community Development Block Grant Projects outlined in Section 1.

Section 4. This Resolution shall take effect from and after the date of its passage and adoption.

PASSED, APPROVED, AND ADOPTED by the City of Hawaiian Gardens City Council on this 25th day of March 2026.

ATTACHMENT A

MARIA TERESA DEL RIO
MAYOR
ATTEST:

PABLO RUBIO

CITY CLERK

NOTICE OF PROPOSED RESOLUTION ADOPTION

AND PUBLIC HEARING

CITY OF HAWAIIAN GARDENS CITY COUNCIL
Notice is hereby given that the City Council of the City of Hawaiian Gardens will conduct a Public Hearing to adopt a Resolution pertaining to the item listed below:

PUBLIC HEARING
FY 2026-27 CDBG
Program:

The City of Hawaiian Gardens City Council will hold a public hearing on March 25, 2026 at 6:00 P.M. in the City Council Chambers, 21815 Pioneer Blvd., Hawaiian Gardens, California, to approve the City’s Fiscal Year 2026-2027 Community Development Block Grant Program (CDBG) program and budget.

The estimated CDBG allocation is $121,589 for the 2026-2027 fiscal year.

These funds can be used for a wide variety of purposes. However, eligible activities under the CDBG program must meet one of three national objectives to: 1) benefit low- and moderate-income persons; 2) help to eliminate slum and blight conditions; or 3) address an urgent need.

The Hawaiian Gardens City Council will consider for approval its CDBG funds for the following activities:

STREET IMPROVEMENTS $121,589
Interested persons are invited to attend and comment on the CDBG program.

INVITATION TO BE HEARD
Persons interested in addressing the City Council on this topic are invited to submit written comments on the City website, via the posted agenda or to the City Clerk’s office by mail at the above address, or email at [email protected]. Please reference the hearing title and date of hearing in any written correspondence.

Communications to the City Council are public records and will become part of the City’s files and records.

Posted: February 17, 2026
HEARING BODY: Hawaiian Gardens City Council
DATE OF HEARING: March 25, 2026
TIME OF HEARING: 6:00 P.M., or soon thereafter.

LOCATION OF
HEARING:

City Council Chambers
City of Hawaiian Gardens
21815 Pioneer Boulevard
Hawaiian Gardens, CA 90716
Attachment B

CITY OF HAWAIIAN GARDENS

CITY CLERK'S OFFICE

CERTIFICATION
OF

POSTING

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES ) SS

CITY OF HAWAIIAN GARDENS )

I, PABLO RUBIO, CITY CLERK FOR THE CITY OF HAWAIIAN GARDENS, DO HEREBY DECLARE AND CERTIFY UNDER PENALTY OF PERJURY THAT THE ATTACHED 30-DAY PUBLIC NOTICE WAS POSTED ON TUESDAY, FEBRUARY 17, 2026

HAWAIIAN GARDENS CIVIC CENTER
21815 PIONEER BOULEVARD
HAWAIIAN GARDENS, CA 90716

LAKEWOOD MOBILE ESTATES (BULLETIN BOARD)
12550 CARSON STREET
HAWAIIAN GARDENS, CA 90716

CITY OF HAWAIIAN GARDENS, LEE WARE PARK
22150 WARDHAM A VENUE
HAWAIIAN GARDENS, CA 90716

SAID NOTICE WAS POSTED ON
DATED:

P.!.BLO RUBIO

CITY CLERK

CITY OF HAWAIIAN GARDENS

CITY COUNCIL

STAFF REPORT
Agenda Item #A2
DATE: March 25, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Rosario Pozzoli, Human Resources Manager
RECOMMENDATION:

Recommendation to hold a public hearing and receive and file the Status of Vacant Positions Report as required by California Assembly Bill 2561.

BACKGROUND
California State Assembly Bill (AB) 2561 was approved on September 22, 2024, and added to §3502.3 of the Government Code. This law requires public agencies to present the status of their vacancies in a public hearing before their governing body once per fiscal year. The presentation must be made prior to the adoption of a final budget for the fiscal year.

On Thursday, March 12, 2026, the City emailed both AFSCME bargaining groups to communicate its plan to hold a public hearing on Wednesday, March 25, 2026, in order to comply with AB 2561. The City requested a response by Wednesday, March 18, 2026, in case there were inquiries or requests to present during this Council Meeting. The City did not hear back from either bargaining unit.

SUMMARY
AB 2561 imposed three requirements on local agencies: (1) at least once each fiscal year, an agency’s governing board must hold a public hearing and receive the agency’s report on the status of vacancies and recruitment and retention efforts; (2) during the hearing, the agency must identify any necessary changes to policies, procedures, and recruitment activities that may lead to hiring obstacles; and, (3) the agency must allow the recognized employee organization for a bargaining unit to make a presentation at the hearing.

Agenda Item #A2
March 25, 2026

Page 2 ends

To comply with AB 2561 and §3502.3 of the Government Code, this staff report is accompanied by a presentation that provides detailed data on all active recruitment processes as of the date of this meeting. This information is organized by department and position and includes full-time or part-time status, number of vacancies per posting, bargaining unit designation, posting date, number of internal and external applicants, and the current status of each recruitment process.

The City’s recruitment efforts include postings on official City bulletin boards, publication on the GovernmentJobs/NeoGov platform integrated with the City’s website, and outreach through the City’s social media channels. Additional strategies may include targeted postings with relevant professional organizations to broaden applicant pools.

Retention initiatives include cost-of-living adjustments (COLA) and salary increases resulting from the City’s latest classification and compensation study. The City also conducts ongoing reviews and updates of job descriptions to ensure alignment with current duties and responsibilities.

Recent and ongoing initiatives supporting recruitment and retention include upgrades in technology and employee workspace, the addition of an Administrative Analyst position within the Administration Department, and the City’s engagement with a consulting firm to evaluate and implement a comprehensive Enterprise Resource Planning (ERP) system, containing Finance and Human Resources modules.

Collectively, these efforts support competitive compensation and benefits, promote worklife balance, and foster a positive organizational culture through professional development opportunities, open communication, facility improvements, and a continued focus on employee well-being.

FISCAL IMPACT
There is no fiscal impact associated with this status update. Staff will continue with efforts towards filling the remaining vacancies.

SUGGESTED ACTION
Approve Recommendation.

ATTACHMENTS
None.

CITY OF HAWAIIAN GARDENS

CITY COUNCIL

STAFF REPORT
Agenda Item #B2
DATE: March 25, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Elise McCaleb, Community Development Director
Eliana Arteaga, Code Enforcement Officer
RECOMMENDATION:

RECOMMENDATION TO RECEIVE AND FILE THE COMMUNITY DEVELOPMENT

DEPARTMENT, CODE ENFORCEMENT DIVISION REPORT FOR THE MONTH OF FEBRUARY 2026

SUMMARY
The Code Enforcement Division, as part of the Community Development Department, is responsible for enhancing the quality of life for the residents of the City by providing effective public service in the enforcement of Building, Business License, Public Nuisance, and Zoning Ordinances. The Code Enforcement Officer is responsible for enforcing codes which address public health and safety issues, including regulations related to trash, debris, overgrown vegetation, dangerous buildings and housing, and inoperative vehicles on private property. Enforcement actions are taken both proactively and in response to requests for action received from citizens. Attached is a summary of code cases that opened during the month of February 2026.

FISCAL IMPACT
None.

SUGGESTED ACTION
Approve Recommendation.

ATTACHMENT
A. List of Code cases – February 2026
Code Enforcement Cases for February 2026
Record # Record Type Date Address Violation Type Status CODE-26-20 Code Enforcement Violation 2/23/2026 18:08 12343 221ST ST, HAWAIIAN GARDENS, CA 90716 Overgrown Vegetation Active CODE-26-19 Code Enforcement Violation 2/23/2026 17:08 21312 NORWALK BLVD, HAWAIIAN GARDENS, CA 90716 Commercial Maintenance Active CODE-26-17 Code Enforcement Violation 2/18/2026 20:48 22326 DEVLIN AVE, HAWAIIAN GARDENS, CA 90716 Unpermitted Structure Active CODE-26-13 Code Enforcement Violation 2/17/2026 13:01 21706 JOLIET AVE, HAWAIIAN GARDENS, CA 90716 Illegal Dumping Active CODE-26-7 Code Enforcement Violation 2/4/2026 19:41 22326 IBEX AVE, HAWAIIAN GARDENS, CA 90716 Residential Mainyenance Active CODE-26-6 Code Enforcement Violation 2/4/2026 19:33 22408 IBEX AVE, HAWAIIAN GARDENS, CA 90716 Residential Mainyenance Active CODE-26-4 Code Enforcement Violation 2/4/2026 17:47 22126 PIONEER BLVD, HAWAIIAN GARDENS, CA 90716 Parking Regulation Active CODE-26-24 Code Enforcement Violation 2/26/2026 14:05 22219 NORWALK BLVD, HAWAIIAN GARDENS, CA 90716 Commercial Maintenance Complete CODE-26-23 Code Enforcement Violation 2/25/2026 19:34 12214 222ND ST, HAWAIIAN GARDENS, CA 90716 Overgrown Vegetation Complete CODE-26-22 Code Enforcement Violation 2/23/2026 20:44 22211 SEINE AVE, HAWAIIAN GARDENS, CA 90716 Illegal Dumping Complete CODE-26-21 Code Enforcement Violation 2/23/2026 20:06 12141 216TH ST, HAWAIIAN GARDENS, CA 90716 Residential Maintenance Complete CODE-26-18 Code Enforcement Violation 2/19/2026 19:55 12444 CARSON ST, HAWAIIAN GARDENS, CA 90716 Graffiti Complete CODE-26-16 Code Enforcement Violation 2/18/2026 20:30 21330 NORWALK BLVD, HAWAIIAN GARDENS, CA 90716 Illegal Dumping Complete CODE-26-15 Code Enforcement Violation 2/18/2026 20:22 12191 226th St, Hawaiian Gardens, CA 90716 Overgrown Vegetation Complete CODE-26-14 Code Enforcement Violation 2/18/2026 19:51 12146 214th St, Hawaiian Gardens, CA 90716 Illegal Dumping Complete CODE-26-12 Code Enforcement Violation 2/10/2026 18:41 22104 JOLIET AVE, HAWAIIAN GARDENS, CA 90716 Illegal Dumping Complete CODE-26-11 Code Enforcement Violation 2/10/2026 18:11 11852 223RD ST, HAWAIIAN GARDENS, CA 90716 Illegal Dumping Complete CODE-26-10 Code Enforcement Violation 2/6/2026 20:37 12191 226th St, Hawaiian Gardens, CA 90716 Commercial Maintenance Complete CODE-26-9 Code Enforcement Violation 2/6/2026 19:03 22400 IBEX AVE, HAWAIIAN GARDENS, CA 90716 Residential Mainyenance Complete CODE-26-8 Code Enforcement Violation 2/5/2026 17:18 12423 224TH ST, HAWAIIAN GARDENS, CA 90716 Overgrown Vegetation Complete CODE-26-5 Code Enforcement Violation 2/4/2026 19:27 22406 IBEX AVE, HAWAIIAN GARDENS, CA 90716 Residential Mainyenance Complete CODE-26-3 Code Enforcement Violation 2/3/2026 14:37 22104 JOLIET AVE, HAWAIIAN GARDENS, CA 90716 Illegal Dumping Complete

CITY OF HAWAIIAN GARDENS

CITY COUNCIL

STAFF REPORT
Agenda Item #B3
DATE: March 25, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Elise McCaleb, Community Development Director
Nicholas Tarango, Building Inspector/Permit Technician
RECOMMENDATION:

RECOMMENDATION TO RECEIVE AND FILE THE COMMUNITY DEVELOPMENT

DEPARTMENT, BUILDING & SAFETY DIVISION REPORT FOR THE MONTH OF FEBRUARY 2026

SUMMARY
The City of Hawaiian Gardens Community Development Department, Building and Safety Division, has prepared its February 2026 monthly status report on activities carried out within the City of Hawaiian Gardens. The report includes all the permits issued in the City and inspections for the reporting periods.

FISCAL IMPACT
None

SUGGESTED ACTION
Approve Recommendation.

ATTACHMENTS
A. Monthly Permit Report for February 2026
B. Monthly Inspection Report for February 2026
3/3/2026 City of Hawaiian Gardens
2:11:42PM

Page 1 ends

Permits Issued (w/ Census, etc.)
For the Period 2/1/2026 thru 2/28/2026
Permit No.

Reference No.

Issued Date Type/Sub-Type/Status Site Address and Parcel No. Owner and Contractor Occupancy Type
Group Type
Const. Type
Census
Tax Rate Area
FW Dodge
BLDG2026-0004
2/5/2026 ISSUED
NEW
21830 PIONEER BLVD
7068001050

RICHARDS PROPERTIES LLC
CONVERT (E) 415SF GARAGE INTO ADU AND

REMODEL (E) SFD
Permit Name:

COMBO
BLDG2026-0010
2/5/2026 ISSUED

ADDITION
12231 BRITTAIN ST
7076034015
MJ Business, LLC
Permit Name: 1,073 SF REMODEL TO (E) SFD ADD 283 SF
COMBO
BLDG2026-0011
2/5/2026 ISSUED
12231 BRITTAIN ST
7076034015

MJ BUSINESS, LLC
Permit Name: NEW DETACHED 2 CAR GARAGE 525SF

BUILDING
BLDG2026-0012
2/23/2026 ISSUED
11954 CARSON ST
7068006032

CHAIA ALCHAIA

GHAZWAN SHAHEEN
REPLACE 2 EXISTING WINDOWS AND 1 ENTRY

DOOR IN STOREFRONT
Permit Name:

BUILDING
BLDG2026-0013
2/19/2026 ISSUED
12010 226TH ST
7075019064
Florence Underwood

HERMOSA WINDOW AND DOOR LLC
Permit Name: REPLACE ON EXTERIOR DOOR LIKE FOR LIKE

BUILDING
ELEC2026-0005
2/17/2026 FINALED
12258 215TH ST UnitADU
7066020021

LEE,YING J TR

MYNT SOLAR VENTURES CORP
Permit Name: ROOF MOUNTED PV SOLAR SYSTEM
SOLAR PERMIT 10KW
ELEC2026-0006
2/17/2026 FINALED
12260 215TH ST UnitADU
7066020021

LEE,YING J TR

MYNT SOLAR VENTURES CORP
Permit Name: ROOF MOUNTED PV SOLAR SYSTEM
SOLAR PERMIT 10KW
ELEC2026-0007
2/5/2026 ISSUED
12260 212TH ST
7066025043

MILTON LAUGHLIN
SUNRUN
Permit Name: ADD ESS TO EXISTING SOLAR SYSTEM

ELECTRICAL
GRAD2025-0002
2/26/2026 WITHDRAWN
21821 HAWAIIAN AVE
7076005013

HAAGSMA,SHARON L ET AL

DO BUILDER & DESIGN INC
GRADING FOR 18 UNIT TOWNHOMES TOTAL CY
HANDELED 5,300
Permit Name:

GRADING
MECH2026-0001
2/19/2026 ISSUED
HVAC
22429 IBEX AVE
7069020043

SUMIT BHATTARAI

DANNY EXPRESS GENERAL
Permit Name: 3 NEW MINI SPLITS

MECHANICAL
PLMB2026-0004
2/19/2026 ISSUED

WATER HEATER
21827 DEVLIN AVE
7068005050

ADAM PEPPER

SERVICE HERO
REPLACE 40 GALLON WATER INSIDE OF (E) HOUSE

LIKE FOR LIKE
Permit Name:

PLUMBING
11 Permits Issued from 2/1/2026 Thru 2/28/2026
PERM150
City of Hawaiian Gardens 3/3/2026
2:09:14PM
For the Period 2/1/2026 thru 2/28/2026
Inspection Totals Completed by Inspector

TRANS TECH
CEILING INSULATION 3
DRYWAIL NAILING 5
ELECTRIC RELEASE 1
FINAL 4
FOOTING 1
INTERIOR LATH 3
RE-ROOF FINAL 1
ROOF SHEATHING 3
ROUGH ELECTRICAL 3
ROUGH FRAMING 1
ROUGH GAS TEST 1
ROUGH MECHANICAL 2
ROUGH PLUMBING 3
SEWER LINE 1
SOLAR FINAL 4
UNDERGROUND CONDUIT 2
UNDERGROUND WATER 1
WALL INSULATION 3
TOTAL INSPECTIONS for TRANS TECH: 42
TOTAL INSPECTIONS COMPLETED: 42
INSP60

CITY OF HAWAIIAN GARDENS

CITY COUNCIL

STAFF REPORT
Agenda Item #B4
DATE: March 25, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Elise McCaleb, Community Development Director
Kevin Nguyen, Associate Planner II
RECOMMENDATION:

RECOMMENDATION TO RECEIVE AND FILE THE COMMUNITY DEVELOPMENT

DEPARTMENT, PLANNING DIVISION REPORT FOR THE MONTH OF FEBRUARY 2026

SUMMARY
The Planning Division as part of the Community Development Department is responsible for the implementation of the policies and objectives of the community as set forth in the City of Hawaiian Gardens General Plan and Zoning Ordinance. The City’s Planning Division guides the City’s orderly development, thus achieving a livable city that balances the needs of residents and businesses. Current planning projects range from residential remodels to new commercial developments. Staff serves the City Council and Planning Commission by providing reports and detailed analysis for projects subject to discretionary review.

The attached chart is a summary of all opened and approved projects during the month of February 2026, and the list contains additional details of the projects.

FISCAL IMPACT
None.

SUGGESTED ACTION
Approve Recommendation.

ATTACHMENTS
A. Chart of projects by type, February 2026
B. List of projects with details, February 2026
City of Hawaiian Gardens 3/17/2026
5:00:03PM
For the Period 2/1/2026 thru 2/28/2026
Projects Applied For by Type
Total Projects Applied for: 8
0 1
2 3
4 5

HOUSING

PLN DISCRETION

PLN LEGISLATIVE

PLN MINISTERIAL

PRE SALE REPORT
000
5 3
CHART90
City of Hawaiian Gardens 3/18/2026
11:18:53AM

Page 1 ends

Projects by Type, Status and Date
For the Period 2/1/2026 thru 2/28/2026
Project Number
Planner
Project Name Date Approved Date Expired
Date Applied Date Closed
Status of Project
Project Type
Project Subtype Address

KEVIN NGUYEN
City annual carnival at Furgeson Elem
PLNG2026-0009 2/3/2026

UNDER REVIEW

PLN MINISTERIAL

TEMPORARY USE PERMIT
22215 ELAINE AVE

KEVIN NGUYEN
City Annual Parade- April 18
PLNG2026-0010 2/3/2026

UNDER REVIEW

PLN MINISTERIAL

TEMPORARY USE PERMIT
21815 PIONEER BLVD

KEVIN NGUYEN
HOP for Car Wash services
PLNG2026-0011 2/3/2026

CORRECTION SENT

PLN MINISTERIAL

HOME OCC PERMIT
12310 BRITTAIN ST

TONYA PACE
EV Charger
PLNG2026-0012 2/3/2026

CORRECTION SENT

PLN MINISTERIAL
PLOT PLAN REV <2000
12423 226TH ST

TONYA PACE
Front block wall, gates, walkway
PLNG2026-0013 2/20/2026

CORRECTION SENT

PLN MINISTERIAL
PLOT PLAN REV <2000
21502 JUAN AVE

ELIANA ARTEAGA
PreSale Inspection
RPR2026-0004 2/4/2026
2/17/2026
2/16/2026

APPROVED

PRE SALE REPORT

CONDO/TOWNHOME
21341 NORWALK BLVD 6

ELIANA ARTEAGA
Pre Sale Inspection Report
RPR2026-0005 2/19/2026
2/19/2026

APPROVED

PRE SALE REPORT

MULTI-FAMILY RES
21931 VIOLETA AVE

ELIANA ARTEAGA
PreSale Inspection Report
RPR2026-0006 2/19/2026 2/25/2026

AFFIDAVIT PENDING

PRE SALE REPORT

SINGLE FAMILY RES
12312 213TH ST
8 Project(s) Found
PROJ15
City of Hawaiian Gardens 3/18/2026
11:19:48AM

Page 1 ends

Projects with Selected Action Type (by Action Type)
For the Period 2/1/2026 thru 2/28/2026
1ST REVIEW CORRECTION SENT
Planner Status Comments
Project Name Date Approved Date Expired
Project Number Action Date Date Applied Date Closed

TONYA PACE
SFR remodel (bat, kit,wind, door, elec
PLNG2025-0089 9/9/2025
2/12/2026

APPROVED
2/11/2026

APPLICATION INCOMPLETE
Planner Status Comments
Project Name Date Approved Date Expired
Project Number Action Date Date Applied Date Closed

TONYA PACE
EV Charger
PLNG2026-0012 2/3/2026

CORRECTION SENT
2/3/2026

TONYA PACE
EV Charger
PLNG2026-0012 2/3/2026

CORRECTION SENT
2/4/2026

APPLICATION RECEIVED
Planner Status Comments
Project Name Date Approved Date Expired
Project Number Action Date Date Applied Date Closed

KEVIN NGUYEN
Tenant Improvement for Vet Clinic
PLNG2026-0003 1/6/2026
3/3/2026

APPROVED
2/9/2026

KEVIN NGUYEN
Awning Structure for Casino VIP parking
PLNG2026-0008 1/29/2026

UNDER REVIEW
2/18/2026

TONYA PACE
Front block wall, gates, walkway
PLNG2026-0013 2/20/2026

CORRECTION SENT
2/20/2026

APPROVED PLANS
Planner Status Comments
Project Name Date Approved Date Expired
Project Number Action Date Date Applied Date Closed

TONYA PACE
Parking lot restripe
PLNG2026-0005 1/21/2026
2/4/2026

APPROVED
2/4/2026

TONYA PACE
Convert (e) det. garage into ADU
PLNG2025-0049 5/12/2025
1/15/2026

APPROVED
2/11/2026

TONYA PACE
SFR remodel (bat, kit,wind, door, elec
PLNG2025-0089 9/9/2025
2/12/2026

APPROVED
2/12/2026
PROJ55
City of Hawaiian Gardens 3/18/2026
11:19:48AM

Page 2 ends

Projects with Selected Action Type (by Action Type)
For the Period 2/1/2026 thru 2/28/2026

DIRECTOR APPROVED
Planner Status Comments
Project Name Date Approved Date Expired
Project Number Action Date Date Applied Date Closed

KEVIN NGUYEN
Mobile Food Truck Renewal (Fabiola Romo)
PLNG2026-0006 1/26/2026
2/4/2026

APPROVED
2/4/2026

KEVIN NGUYEN
HOP plumbing electrical services
PLNG2026-0004 1/15/2026

AFFIDAVIT PENDING
2/12/2026

TONYA PACE
Home office for jewelry design business
PLNG2026-0007 1/28/2026
2/12/2026

APPROVED
2/12/2026

KEVIN NGUYEN
Signs for ExtraMile Chevron
PLNG2025-0102 10/31/2025
2/20/2026

APPROVED
2/20/2026

DOCUMENTS RECEIVED
Planner Status Comments
Project Name Date Approved Date Expired
Project Number Action Date Date Applied Date Closed

KEVIN NGUYEN
HOP for Car Wash services
PLNG2026-0011 2/3/2026

CORRECTION SENT
2/3/2026

TONYA PACE
SFR remodel (bat, kit,wind, door, elec
PLNG2025-0089 9/9/2025
2/12/2026

APPROVED
2/5/2026

TONYA PACE
Amedment to outdoor gym (prior MUP)
PLNG2025-0055 5/28/2025

CORRECTION SENT
2/25/2026
E-MAIL
Planner Status Comments
Project Name Date Approved Date Expired
Project Number Action Date Date Applied Date Closed

TONYA PACE
EV Charger
PLNG2026-0012 2/3/2026

CORRECTION SENT
2/4/2026

TONYA PACE
Parking lot restripe
PLNG2026-0005 1/21/2026
2/4/2026

APPROVED
2/4/2026

TONYA PACE
SFR remodel (bat, kit,wind, door, elec
PLNG2025-0089 9/9/2025
2/12/2026

APPROVED
2/5/2026

TONYA PACE
Parking lot restripe
PLNG2026-0005 1/21/2026
2/4/2026

APPROVED
2/11/2026
PROJ55
City of Hawaiian Gardens 3/18/2026
11:19:48AM

Page 3 ends

Projects with Selected Action Type (by Action Type)
For the Period 2/1/2026 thru 2/28/2026

TONYA PACE
SFR remodel (bat, kit,wind, door, elec
PLNG2025-0089 9/9/2025
2/12/2026

APPROVED
2/12/2026

TONYA PACE
Home office for jewelry design business
PLNG2026-0007 1/28/2026
2/12/2026

APPROVED
2/12/2026

TONYA PACE
Home office for jewelry design business
PLNG2026-0007 1/28/2026
2/12/2026

APPROVED
2/18/2026

TONYA PACE
SFR remodel (bat, kit,wind, door, elec
PLNG2025-0089 9/9/2025
2/12/2026

APPROVED
2/20/2026

TONYA PACE
Front block wall, gates, walkway
PLNG2026-0013 2/20/2026

CORRECTION SENT
2/24/2026

TONYA PACE
Amedment to outdoor gym (prior MUP)
PLNG2025-0055 5/28/2025

CORRECTION SENT
2/26/2026

FIELD INSPECTION
Planner Status Comments
Project Name Date Approved Date Expired
Project Number Action Date Date Applied Date Closed

TONYA PACE
New wall sign for Mate Coffee
PLNG2025-0074 9/23/2025
9/23/2025
2/11/2026

APPROVED
2/11/2026

TONYA PACE
Revision to Facade
PLNG2025-0009 1/28/2025
3/10/2025
2/24/2026

APPROVED
2/23/2026

TONYA PACE
Convert (e) det. garage into ADU
PLNG2025-0049 5/12/2025
1/15/2026

APPROVED
2/24/2026

FOLLOW UP
Planner Status Comments
Project Name Date Approved Date Expired
Project Number Action Date Date Applied Date Closed

KEVIN NGUYEN
HOP for Car Wash services
PLNG2026-0011 2/3/2026

CORRECTION SENT
2/3/2026

TONYA PACE
New wall sign for Mate Coffee
PLNG2025-0074 9/23/2025
9/23/2025
2/11/2026

APPROVED
2/11/2026

TONYA PACE

PARMENTER
HSG2023-0030 8/28/2023
9/2/2025
2/17/2026

APPROVED
2/17/2026
PROJ55
City of Hawaiian Gardens 3/18/2026
11:19:48AM

Page 4 ends

Projects with Selected Action Type (by Action Type)
For the Period 2/1/2026 thru 2/28/2026

TONYA PACE
Revision to Facade
PLNG2025-0009 1/28/2025
3/10/2025
2/24/2026

APPROVED
2/24/2026

TONYA PACE
Front block wall, gates, walkway
PLNG2026-0013 2/20/2026

CORRECTION SENT
2/24/2026

TONYA PACE
Convert (e) det. garage into ADU
PLNG2025-0049 5/12/2025
1/15/2026

APPROVED
2/25/2026

PHONE CALL
Planner Status Comments
Project Name Date Approved Date Expired
Project Number Action Date Date Applied Date Closed

TONYA PACE
Amedment to outdoor gym (prior MUP)
PLNG2025-0055 5/28/2025

CORRECTION SENT
2/5/2026

TONYA PACE
Amedment to outdoor gym (prior MUP)
PLNG2025-0055 5/28/2025

CORRECTION SENT
2/12/2026

TONYA PACE
Convert (e) det. garage into ADU
PLNG2025-0049 5/12/2025
1/15/2026

APPROVED
2/23/2026

PLANS RESUBMITTED
Planner Status Comments
Project Name Date Approved Date Expired
Project Number Action Date Date Applied Date Closed

TONYA PACE
SFR remodel (bat, kit,wind, door, elec
PLNG2025-0089 9/9/2025
2/12/2026

APPROVED
2/12/2026

KEVIN NGUYEN
ADU Conversion
PLNG2025-0114 12/29/2025

COMPLETE
2/26/2026

PROJECT COMPLETE
Planner Status Comments
Project Name Date Approved Date Expired
Project Number Action Date Date Applied Date Closed

TONYA PACE

PARMENTER
HSG2023-0030 8/28/2023
9/2/2025
2/17/2026

APPROVED
2/17/2026
41 Project(s) Found
PROJ55

CITY OF HAWAIIAN GARDENS

CITY COUNCIL

STAFF REPORT
Agenda Item #B5
DATE: March 25, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Neema Ghanbari, M.S., P.E., Public Works Director
RECOMMENDATION:

RECOMMENDATION TO APPROVE A ONE-YEAR EXTENSION OF THE ON-CALL PROFESSIONAL SERVICES AGREEMENTS WITH ARDURRA GROUP INC., AND

PSOMAS FOR CONSTRUCTION MANAGEMENT, INSPECTION, ENGINEERING

SUPPORT, GEOTECHNICAL ENGINEERING, SURVEYING, AND MATERIAL

TESTING SERVICES

SUMMARY
On-call professional services agreements have been used successfully by City staff to streamline professional engineering work required to complete Capital Improvement Projects and have reduced costs and staff time required to complete projects. The City currently has similar contracts for several areas of expertise including traffic engineering and design, planning, code enforcement, building plan check, and environmental services.

On January 24, 2023, the City Council authorized the Public Works Department staff to solicit proposals from qualified firms for on-call construction management, inspection, engineering support, geotechnical engineering, surveying, material testing, grant administration, and labor compliance services for various projects.

In February 2023, Public Works issued a Request for Qualifications for construction management and inspection services to ten consultants, posted it on the City website and at City facilities, received responses from seven firms, and selected three firms for interview. Based on the interviews, Ardurra Group Inc., and Psomas were ranked as the most qualified using a qualifications-based procedure, with each firm displaying specialized areas of expertise. Instead of awarding the work to one firm, Public Works recommends awarding two contracts based on each firm's availability and experience.

Agenda Item #B5
March 25, 2026

Page 2 ends

On March 28, 2023, the City Council approved On-Call Professional Services Agreements with Ardurra Group, Inc. and Psomas for the provision of the referenced services, and the contracts were subsequently executed.

The initial term of these agreements was three years, with an option for two additional one-year extensions. Given that the City currently has federally and state-funded projects under construction, and that the services provided over the past three years have been consistently satisfactory, to help the Public Works Department deliver capital improvement projects on time and within budget.

Staff recommends extending these agreements for an additional one-year term, in accordance with the existing contract provisions, to ensure uninterrupted professional services and support the Department in completing the CIP projects under construction.

Prior to starting any new service for a particular project, the firms will provide a scope of work, project schedule, and fee proposal for review and approval. For projects beyond the approval authority of the City Manager and/or Public Works Director, a task order will be brought forward to the City Council for consideration and approval.

FISCAL IMPACT
Work completed under the on-call professional services agreements would be funded through existing appropriations for specific Capital Projects, or under other operational budgets.

SUGGESTED ACTION
Approve Recommendation.

ATTACHMENTS
A. Contract Services Agreement- Ardurra
B. Contract Services Agreement- Psomas

AGREEMENT FOR CONSTRUCTION MANAGEMENT/

ENGINEERING SUPPORT/TESTING & INSPECTION SERVICES

BY AND BETWEEN THE CITY OF HAWAIIAN GARDENS AND
ARDURRA, INC.

1. PARTIES AND DATE.

This Agreement for contract services is made and entered into this 28th day of March, 2023, by and between the City of Hawaiian Gardens, a municipal corporation organized under the laws of the State of California with its principal place of business at 21815 Pioneer Blvd, Hawaiian Gardens, CA 90716, State of California ("City") and ARDURRA GROUP INC. a Florida Corporation, with its principal place of business at 4921 Memorial Highway, Suite 300, Tampa, Florida 33634 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing engineering support, construction management, inspection, surveying, and material testing services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional services for the construction management, inspection, engineering support, material testing, and surveying of various capital improvement projects ("Projects") as set
forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement is more particularly described in Exhibit "B" attached hereto and incorporated herein by reference, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. -1- PROFESSIONAL SERVICES AGREEMENT
65320,00001\33979787.1
Attachment A

3.2 Compensation.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed (see Exhibit "C") Dollars (the "Contract Sum"). Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.

3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by 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. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3 Responsibilities of Consultant.

3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law.

Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner and in accordance with the Schedule of Services set forth in Exhibits "A", "B" & "D" attached hereto and incorporated herein by reference. Consultant represents that it has the
-2- PROFESSIONAL SERVICES AGREEMENT
65320.00001\33979787.1
professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows:
1- Dino D'Emilia, PE, F.ASCE, QSD, Principal In Charge
2- Omar Alameddine, Project Director
3- John Wolitarsky, CCM, Construction Manager

3.3.5 City's Representative. The City hereby designates Neema Ghanbari, Public Works Manager or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.3.6 Consultant's Representative. Consultant hereby designates Dino D'Emilia, Principal in Charge or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services ·under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the prqfessional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply 65320.0000 I \33979787.1 -3- PROFESSIONAL SERVICES AGREEMENT with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.3.9 Period of Performance.

3.3.9.1 Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time"). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits "A" or "B" attached hereto, or which may be separately agreed upon in writing by the City and Consultant ("Performance Milestones"). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.9.2 Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party's performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, "orders of governmental authorities," includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement.

3.3.9.3 Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation.

Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.3.1 O Laws and Regulations: Employee/Labor Certification.

3.3.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. -4- PROFESSIONAL SERVICES AGREEMENT
65320.00001\33979787. l

3.3.10.2 Employment Eligibility: Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.

3.3.10.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (GARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARS, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City's ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant's failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.

3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.3.11 Insurance.

3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all -5- PROFESSIONAL SERVICES AGREEMENT
65320.00001 \33979787.1
insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant's profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement.

3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other -6- PROFESSIONAL SERVICES AGREEMENT
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exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) Professional Liability (Errors & Omissions): (1) Cancellation:

Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must "pay on behalf of' the insured and include a provision establishing the insurer's duty to defend. (D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.

3.3.11.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.3.11. 7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall -7- PROFESSIONAL SERVICES AGREEMENT
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not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.3.11.9 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.3.11.11 Additional Insurance Provisions
(A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of -8- PROFESSIONAL SERVICES AGREEMENT
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liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
(F) Consultant shall report to the City, in addition to Consultant's insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant's subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant's compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim cir liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the Project -9- PROFESSIONAL SERVICES AGREEMENT
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and require the same of any subconsultants.

3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant's performance of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant.

3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5 Termination of Agreement.
, 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6 Indemnification.

3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project -10- PROFESSIONAL SERVICES AGREEMENT
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or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.6.2 If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.

3. 7 General Provisions.

3. 7 .1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.7.2 Independent Contractors and Subcontracting.

3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant ("Subcontractor(s)") unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant's behalf are Consultant's employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders.

3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor's use of further independent contractors, subcontractors or subconsultants without the City's prior written consent.

3.7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the -11- PROFESSIONAL SERVICES AGREEMENT
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respective parties may provide in writing for this purpose:

Consultant: 4921 Memorial Highway
Suite 300
City:

Tampa, Florida 33634
ATTN: Dino D'Emilia, Principal In Charge
City of Hawaiian Gardens
21815 Pioneer Blvd
Hawaiian Gardens, CA 90716
ATTN: Ernesto Marquez, City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.7.4 Ownership of Materials and Confidentiality.

3.7.4.1 Documents & Data: Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
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3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City's sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant's seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent ·of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information. -13- PROFESSIONAL SERVICES AGREEMENT
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3.7.5 Cooperation: Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

3.7.7 Attorneys' Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and all costs of such action.

3. 7 .8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.7.1 O City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3. 7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.

Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

3. 7.13 Construction: References: Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease -14- PROFESSIONAL SERVICES AGREEMENT
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of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.7.14 Amendment: Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.7.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.7.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3. 7 .17 Invalidity: Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3. 7 .18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreE:ld to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.7.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3. 7 .21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF HAWAIIAN GARDENS AND
ARDURRA, INC.

IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF HAWAIIAN GARDENS
Ap~roved By:

Qf ,, ~ o
X eresa Del Rio
Mayor
ct:5 4---------- Ernesto Marquez B
City Manager
Approved as to Form:

JAHACUA cV d1 ov?()vt /2e£ . Megan ~ribaldi
City Attorney
Attested By: ;1, ~
Pablo Rubio, CMC
City Clerk
65320.0000 I \33979787.1
ARDURRA, INC.

By:
---------------
Its: Vice President, Regional Director
Printed Name: Lisa M. Penna, PE
Its: Vice President
Printed Name: Carmen Kasner
-16- PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "A"

SCOPE OF SERVICES

1. Contractor shall provide Professional Construction Management/ Engineering Support/ Testing and Inspection Services on an On-Call Task Order Not-to-Exceed basis, to the City of Hawaiian Gardens, including, but not limited to, the following specific services:
a. Construction Management - Construction management services required include, but shall not be limited to, the following: construction management, contract administration, pre-construction meetings, utility coordination, monitoring of construction schedules, shop drawing review, submittal review, public notification, public complaint resolution, traffic coordination, coordination with other City departments, other agency coordination, interpretation of PSE, quality assurance and quality control, analysis of changed conditions, development of corrective actions, negotiation of change orders, and other related services. b. Engineering Support - Engineering support services required include, but shall not be limited to, the following: architectural, engineering, surveying, estimating, constructability review, value engineering, computer-aided drafting, GIS support, pavement management support, engineering staffing support, permit assistance, federal, state and local grant applications preparation, labor compliance services, database administration, review of "as-built" drawings, and other related services. c. Testing and Inspection -- Testing and inspection services include, but shall not be limited to, the following: construction inspection, quality assurance/quality control, OPS enabled site photography, field visits, pre-construction job walks, emergency and night inspections, material and laboratory testing, structural calculations geotechnical investigations, potholing, exploratory investigations, underground utility research, and other related services.

2. General Requirements for Scope of Services:
a. Letter of Authority - Prior to the issuance of any task orders under this Contract, Contractor shall submit a written letter identifying the key personnel authorized to initiate and submit proposals on the Contractor's behalf. b. Task Orders - Prior to starting any work, Contractor shall submit a proposed, detailed Task Order scope of services, fee proposal, schedule, and over-all project estimate, to the Contract Officer for approval. No work shall begin until written approval from the Engineering Division has been received. Scope of Services and number of hours for each Task shall be upon mutual agreement by the City and the Contractor.
c. Invoices - The Contractor shall submit invoice monthly and in no case shall invoice be submitted more than once per month. A copy of the accounts payable schedule is available from the Contract Officer. The invoice will be in a format that is acceptable to Contract Officer and shall detail individual personnel who worked on 65320.0000 I \33979787. I A-1
the project, specific tasks performed, hours worked, billing rate, total costs, and previous billing history, percentage of work completed, and percentage of dollars spent. The Contractor shall prepare invoices that show costs against each major milestone task.

The Contractor shall notify the Contract Officer when the cumulative compensation payable under any Task Order has reached 75% of the estimated not to exceed price.

If at any time the Contractor has reason to believe that the total cost to the Authority for the performance of the Task Order will be greater or substantially\ less than the not to exceed estimate, the Contractor shall notify the City in writing to that effect and give its revised estimate of the total cost for the performance of the task Order.

The notice shall state the estimated amount of additional funds required to continue performance for the remainder of the Task Order. In no event is the Contractor authorized to exceed the Task Order "not to exceed price" without prior written approval from the City.
d. Computer Files - At the conclusion of each Task Order, or mutually agreed milestones, the Contractor shall supply the City with a digital and editable copy of all files that are included in the hard copy submittal. The Contractor shall use or transfer files into the following formats: Word Processing: Microsoft Word, Spreadsheets: Microsoft Excel, Databases: Microsoft Access, GIS: ArcView, Drawings: Autocad. All final plans and digital files shall be submitted on a flashbased memory device or cloud base services.

The City shall have the right to use, duplicate, modify or disclose the technical data and the information contained therein.

The Contractor agrees to provide any proprietary software or data used in conjunction with the project to the City, if requested, as long as the City pays for any additional licensing costs.
e. Web-based Database - In addition to Contractor's standard construction reporting procedures, Contractor shall submit copies of inspection daily reports to City via the City's web-based database on a daily basis. Inspection daily reports shall be submitted by 7:00 am the following calendar day. Additionally, Contractor shall track labor hours on a daily basis in the City's web-based database. Furthermore, daily photos of construction activities shall be uploaded on a daily basis by the Contractor to the City's web-based database.
f. Contractor's Progress Invoice - The Contractor shall have quantity sheets which summarize the quantity, location, date, time, and quantity of each bid item installed and subsequently submitted for payment. Quantity sheets shall be checked against daily inspection reports for correctness. Separate quantity sheets shall be created for change order work. These quantity sheets shall be in addition to the measured field quantities record agreed upon in the field. Contractor is responsible for checking the progress invoice against the quantity sheets, daily reports, and 65320.00001 \33979787.1 A-2
measured field quantities records. Additionally, Contractor shall request prevailing wage reports from the construction contractor when the work is subject to prevailing wages. Contractor is responsible for checking each progress payment and ensuring compliance with current laws and regulations regarding prevailing wages. Prior to forwarding construction contractor's invoices to the City, Contractor shall have the progress payment signed and dated certifying that he has checked the progress invoice for completeness and correctness and that the aforementioned tasks described herein this item have been completed. g. Resident Engineer/ Assistant Resident Engineers - Resident Engineers shall be licensed, registered Civil engineers within the State of California. Assistant Registered Engineers need not be licensed, registered Civil engineers, however all work completed by Assistant Resident Engineers need to be reviewed and acknowledged as being completed under the responsibility and supervision of the Resident Engineer, who shall initial and date each work product of the Assistant Resident Engineer. Additionally, prior to the commencement of work for each task order a letter of responsibility shall be submitted to the City stating that the Assistant Resident Engineer will be performing work under the responsibility and supervision of the Resident Engineer.
h. Key Personnel - The Contractor shall not reassign any personnel mentioned in the RFQ/Interview process unless under extraordinary circumstances. The Contractor shall secure prior written approval from the City for any change or reassignment of the key personnel, submitting written documentation of the new individual's qualification.

The Contractor's project manager shall supervise and direct the services, and have overall responsibility for the services in accordance with the Contractor Agreement and Scope of Work. The Contractor shall be solely responsible for implementation of all Contractor's services, means, methods, techniques, sequences, and procedures and for coordination of all portions of the services.

J. Vehicle Identification - All Contractor personnel vehicles shall have a magnetic decal for automobiles posted on both sides of the automobile. The decal shall have the City of Hawaiian Gardens Public Works Logo, along with the words "Public Works Inspector", printed on the decal. A proof shall be submitted to the City for approval prior to the production of the decal. k. Unauthorized Work-Any services not required by the terms of the final scope of work or proposal that are performed without written authority from the Contract Officer, will be considered as unauthorized and at the sole expense of the Contractor. Services so performed will not be paid for, and no extension in the period of performance shall be granted on account thereof. l. Audits - The Contractor shall keep and maintain full and complete records and books of account of its costs and expenses relating to the performance of the Services, in accordance with generally accepted accounting practices. Such records and accounts shall be furnished to the City, upon written notice, an accurate written allocation of the costs to the various elements of the Services, as may be required by the Authority. Upon reasonable advance written notice, the City or its representatives shall have the right to examine, any books, records, accounts, and other documents of the Contractor directly pertaining to costs when such costs are the basis of a claim or of reimbursement to the Contractor hereunder. The City will make reasonable efforts to assure that any such representative is not a competitor of the Contractor to which the disclosure of such cost information would have a detrimental effect on the Contractor's business. The City shall notify the Contractor with the identity of any representative and the Contractor will have the right to verify that the representative is not a competitor prior to the audit. The Contractor shall keep and preserve all such books, records, accounts, and other documents for a period of at least three years after completion of the Services and Final Payment or if this Contract is terminated in whole or in part after the final termination agreement.
m. Contractor's Interaction with the Media and the Public -The Contractor shall refer all inquiries from the news media to the City. If the Contractor receives a complaint from a citizen or the community, the Contractor shall inform the Contract Officer what action was taken to alleviate the situation.
n. Sub-Contractors - The City reserves the right of prior approval of all subContractors and retains the right to request the Contractor to terminate any subContractor, for any reason deemed appropriate by the City, by so notifying the Contractor in writing. Should said notification be submitted to the Contractor, it shall terminate said sub-Contractor immediately.
65320.0000 I \33979787.1 A-4
The City shall have no liability to any sub-Contractor(s) for payment for services under this Contract or other work performed for Contractor. Any subcontract entered into by Contractor under the contract shall duly note that the responsibility for payment for the technical services or any other services performed shall be the sole responsibility of the Contractor.
o. Direct Expenses - It is expected that the Contractor has extensive knowledge and experience performing this type of work. The Contractor shall prepare a not to exceed budget for direct expenses and breakdown costs for services such as copying, blue prints, computer time, reproduction, delivery, and any other foreseeable expense not covered in the Contractor's hourly rates. Therefore, the Contractor shall receive no additional compensation beyond that which is detailed in their budget. Mileage charges shown in the Hourly Rates shall refer to only noncommuter travel. 65320.00001 \33979787. I A-5
EXHIBIT "B"

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. DELETE subsection 1.1 and REPLACE with the following:
"1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those on-call services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which may be referred to herein as the "services" or "work" hereunder. Consultant acknowledges and agrees that City has no obligation to utilize Consultant under this Agreement. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein.

Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances."
II. DELETE subsection 1.8 and REPLACE with the following:
"1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in a particular Task Order, as defined in Exhibit "A," or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation up to the amount authorized by the City Council ("Task Order Contingency"); or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
65320.00001 \33979787.1 B-1
IL DELETE subsection 2.1 and REPLACE with the following:
"2.1 Contract Sum. For on-call services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. For each Task Order, as defined in Exhibit "A," Contractor shall provide a not-to-exceed Task Order amount as further described in Exhibit "A" ("Contract Sum")."
III. DELETE subsection 3-4 and REPLACE with the following:
"3.4 Term & Extended Term. Unless earlier terminated in accordance with Section 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of such services as may be requested by City from time-to-time, but not exceeding three (3) calendar years from the date hereof, except as otherwise provided in the Schedule of Performance.

The City shall have the right but not the obligation, in its sole and unfettered discretion, to extend the initial term of this Agreement a maximum of two (2) extended terms of one (1) year. In order to do so, City shall, not later than ninety (90) calendar days prior to the expiration of the initial term, give Contractor written notice, ' in the form and manner allowed by this Agreement, of its intention to extend the initial term of this Agreement for two (2) extended terms of one (1) additional calendar year, which extension shall be according to the terms and conditions of this Agreement, unless the same is modified by the parties hereto in writing signed by the party to be charged." IV. The title of Article 5 shall read as follows:
"INSURANCE, INDEMNIFICATION, AND BONDS"
V. Section 5.1(d) shall be amended to read as follows:
"Professional Liability. Professional liability insurance in the amount not less than two million dollars ($2,000,000). This coverage may be written on a "claims made" basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Contractor's services or the termination of this Agreement. During this additional 5-year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage."
VI. Section 5.5 shall be added as follows:
65320.00001 \33979787.1 B-2
"Sufficiency ofinsurer. Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best's Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Risk Manager of City ("Risk Manager") determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within 10 days of receipt of notice from the Risk Manager."
65320.00001\33979787.1 B-3
EXHIBIT "C"

SCHEDULE OF COMPENSATION
I. Contractor's fee shall be negotiated, for each Task Order, on a Time and Material, Not-toExceed basis, in accordance with the hourly rate schedule, attached hereto as Exhibit "C-1 ".

II. All Task Orders must be performed within the budgetary limits established for each project, unless authorized otherwise, in advance in writing, by the Contract Officer and/or the Director of Finance.

III. All Task Orders shall be specified in writing, including, but not limited to, the Not-toExceed fee for services rendered.

IV. A project based task order is authorized for up to the approved budgetary amount to start work upon execution of this contract and notice to proceed by the Contract Officer.

The Contractor agrees not to seek any compensation from the City for any and all work performed and costs incurred in excess of the City's approved budgetary amount.

V. Hourly rates, set forth in Exhibit "C-1 ",maybe modified upon approval of the Contract Officer, on an annual basis and not to exceed 3% annually. 65320.0000 I \33979787. I C-1
Notes:

EXHIBIT "C-1"

HOURLY RA TE SCHEDULE
LaborClassificatioii
Principal
Project Executive/ Management Consultant
QA/QC Manager
Senior Program Manager
Program Manager
Senior Project Manager
Project Manager
Assistant Project Manager
Senior Construction Manager
Construction Manager
Assistant Construction Manager
Structures Representative
Project Controls Engineer
Labor Compliance/Document Control/Admin
PE Licensed Inspector
Public Works Inspector
Accessibility Expert I CASp Inspector
Deputy Inspection
Project Designer
CADD Drafter
Public Works Technician
Administrative Assistant
Plan Check Engineer
Hourly Rate .Range
$297
$260
$260
$223
$209
$232
$204-$260
$181
$232
$209
$181
$241
$160
$134
$187
$165
$303
$151
$121 -$176
$114-$150
$114
$116
$155 - $209
I. The above hourly rates include wages, fringe and general and administrative overhead and fee, as well as typical supplies, tools and equipment required to perform services.

2. Rate applies to the first four hours of overtime during the week and/or first eight hours of overtime on Saturdays; all overtime in excess of four hours during the week or eight hours on Saturdays is paid at the Sunday/holiday rate.

3. Prevailing Wage Rates are subject to increases pursuant to the State of California's Department oflndustrial Relations Wage Rate Determinations. Ardurra's Billing Rates will increase in proportion to the DIR increase, plus overhead and profit. The current rates are based on Determination# SC-23-63-2-Pre-lD Issued 8/22/2022 for the August 22, 2022 to June 30, 2023 rate.

4. A Special Shift is any shift that starts after 5:00 PM and before 6:00 AM.

5. The following minimum callout applies to inspection staff, in accordance with Industrial Welfare Commission Order # 16-2001:
• Cancellation of 8 hours scheduled inspection after inspector's arrival on site: 4-hour minimum • Cancellation of 4 hours scheduled inspection after inspector's arrival on site: 2-hour minimum

6. For contracts involving public works inspection services, Ardurra requires the awarding public agency to complete DIR form PWC-100 solely for Ardurra as the prime contractor specific to the awarded contract name and amount. A half-hour pel' week, per inspector labor compliance charge will be billed for all Prevailing Wage inspection assignments.

Reimbursable Expenses (Other Direct Costs): Ordinary identifiable non-salary costs that are directly attributable to the project, such as regular commuter travel costs, standard equipment, tools and software, etc., are included in the fee estimated above.

Extraordinary expenses, such as oversized and/or color reproduction costs, vehicle identification decals, site facility hard phone 65320.0000 l \33979787 .1 C-2
line and/or internet service charges, non-commuter project miles and/or other travel expenses to remote (over 50 miles one-way) fabrication yards/batch plants, overnight postage/couriers, etc., are billed at actual cost plus 10 percent (10%) to cover overhead and administration. Travel charges to a casting/fabrication yard or batch plant will include the hourly billing rate plus travel expenses as listed in the Caltrans Travel Guide (State rates). Mileage is billed at the current IRS rate. Extraordinary charges above and beyond the estimated ODC allowance will not be billed to the client unless specifically included in the contract or requested and approved by the client in writing prior to incurring the additional expense.

Fees for Subconsultant Services: Billed at actual cost, plus 15 percent (15%) to cover overhead and administration.

Escalation: This rate schedule is effective through June 30, 2026, except as noted in Exhibit D for Prevailing Wage covered classifications. Should the contract duration be extended beyond June 30, 2026, rates will be subject to prevailing wage increases as noted above, non-prevailing wage salary increases, and overhead increase based on current Los Ange\esRiverside-Orange County Consumer Price Index to accommodate inflationary trends, salary adjustments, and the general cost of doing business, as mutually agreeable to the parties and approved via contract amendment prior to implementing higher rates. In the event the contract is subject to delays that are beyond Ardurra's control, a request will be made to increase the billing rates to Ardurra' s current standard rates, and the client will use all reasonable effort to allow such billing rate increase.

Exclusions to Scope and Rates: The following items are specifically excluded:
• Legal advice
• Temporary field office facilities, equipment, furniture, utilities and/or services
• Construction labor, materials and/or equipment
• Copies of plans and specifications or other oversized drawings • Additional services not specifically called for in the proposal • Expert witness services
• Standby services
65320.00001\33979787.1 C-3
EXHIBIT "D"

SCHEDULE OF PERFORMANCE
D-1 Hourly rates, set forth in Exhibit "C-1 ", may be modified upon approval of the Contract Officer, on an annual basis and not to exceed 3% annually, except for rates subject to prevailing wages, which are adjusted by the prevailing wage increase plus 3% over the base overhead markup.

D-2 Specific work shall be implemented by means of Task Orders, issued in writing by the Contract Officer to the Contractor, including, but not limited to, a Not-to-Exceed fee for services rendered for each Task Order.

D-3 In the case of emergency work, Contractor shall be available to provide services within 48 hours, in response to issuance of a Task Order by the Contract Officer.

D-4 The Contractor shall provide a detailed schedule, in format approved by the Contract Officer, for each Task Order. No work shall be authorized unless the Contract Officer has :first approved the schedule.
65320.00001\33979787.1 D-1

AGREEMENT FOR CONSTRUCTION MANAGEMENT/

ENGINEERING SUPPORT/TESTING & INSPECTION SERVICES

BY AND BETWEEN THE CITY OF HAWAIIAN GARDENS AND
PSOMAS

1. PARTIES AND DATE.

This Agreement for contract services is made and entered into this 28th day of March, 2023, by and between the City of Hawaiian Gardens, a municipal corporation organized under the laws of the State of California with its principal place of business at 21815 Pioneer Blvd, Hawaiian Gardens, CA 90716, State of California ("City") and Psomas with its principal place of business at 5 Hutton Centre Dr., Suite 300, Santa Ana, CA 92707 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provIsIon of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing engineering support, construction management, inspection, surveying, and material testing services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and customary work necessary to fully and adequately supply the professional consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.2 Compensation.

3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of .Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever.

3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

3.3 Responsibilities of Consultant.

3.3.2 Schedule of Services. Consultant shall perform the Services in a prompt and timely manner and in accordance with the Schedule of Services set forth in Exhibits "A", "B" & "D" attached hereto and incorporated herein by reference. Consultant represents that it has the
-2- PROFESSIONAL SERVICES AGREEMENT
65320.0000 I \33979787.1
professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows:
1- Brett Barnett, PE, CCM, QSD, Vice President/Contract Manager 2- Hossain Abdol Mansouri, PE, QSD, Construction Manager 3- Arief Naftali, PE, TE, EE, RSP1, ENV SP, Engineering Support

3.3.6 Consultant's Representative. Consultant hereby designates Brett Barnett, Contract Manager or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). · Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply 65320,00001 \33979787, 1 -3- PROFESSIONAL SERVICES AGREEMENT with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner reasonably acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be reemployed to perform any of the Services or to work on the Project.

3.3.9 Period of Performance.

Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.3.10 Laws and Regulations: Employee/Labor Certification.

3.3.10.1 Compliance with Laws. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations caused by it in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.
-4- PROFESSIONAL SERVICES AGREEMENT
65320.00001\33979787. l

3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement.

3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all subconsultants, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City's ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant's failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy.

3.3.11 Insurance.

3.3.11.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all -5- PROFESSIONAL SERVICES AGREEMENT
65320.0000 I \33979787.1
insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other -6- PROFESSIONAL SERVICES AGREEMENT
65320.00001 \33979787.1
exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for nonpayment of premium. (C) Professional Liability (Errors & Omissions): (1) Cancellation:

Contractual Liability
That part of any CLAIM(S) based upon or arising from liability of the INSURED assumed under any contract or agreement.

This exclusion does not apply to liability for DAMAGES arising from a WRONGFUL ACT(S), POLLUTION CONDITIONS, or NETWORK SECURITY COMPROMISE for which the INSURED would have been liable for in the absence of such contract or agreement.

The policy must "pay on behalf of' the insured and include a provision establishing the insurer's duty to defend.
(D) Workers' Compensation: (1) Cancellation: Required
insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers.

3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of subrogation against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.3.11.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or selfinsured retention.

3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall 65320.00001\33979787.1 -7- PROFESSIONAL SERVICES AGREEMENT not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.3.11.9 Enforcement of Agreement Provisions (non estoppel).

3.3.11.1 O Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commerc;:ial General Liability insurance provided by Consultant's subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant's compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure by Consultant to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the Project -9- PROFESSIONAL SERVICES AGREEMENT 65320.0000 I \33979787.1
and require the same of any subconsultants.

3.5 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.

3.6 Indemnification.

3.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any negligent or reckless acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project
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65320 00001 \33979787.1
or this Agreement, including without limitation the payment of all damages, reasonable expert witness fees and attorney's fees and other related costs and expenses except such loss or damage caused by the active negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.6.3 If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance of "construction project management" (as that term is defined under Gov. Code section 4525), then Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.

3.7 General Provisions.

3.7.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.7.2 Independent Contractors and Subcontracting.

3. 7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the 65320.00001 \33979787.1 -11- PROFESSIONAL SERVICES AGREEMENT respective parties may provide in writing for this purpose:

Consultant: 5 Hutton Center Drive
Suite 300
City:

Santa Ana, CA 92707
ATTN: Brett Barnett, Vice President/Contract Manager
City of Hawaiian Gardens
21815 Pioneer Blvd
Hawaiian Gardens, CA 90716
ATTN: Ernesto Marquez, City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.7.4 Ownership of Materials and Confidentiality.

3.7.4.1 Documents & Data: Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproductionwill be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum offifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant may disclose such information if required pursuant to legal process, provided Consultant provides advance notice to City. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant's proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information. -13- PROFESSIONAL SERVICES AGREEMENT 65320.0000 I \33979787.1

3.7.6 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.

3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3. 7 .10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.

3. 7 .13 Construction: References: Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease -14- PROFESSIONAL SERVICES AGREEMENT
65320.00001 \33979787.1
of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.7.14 Amendment: Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3. 7 .15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3. 7 .16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3. 7.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE]
-15- PROFESSIONAL SERVICES AGREEMENT
65320.00001 \33979787.1

SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF HAWAIIAN GARDENS AND
PSOMAS
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF HAWAIIAN GARDENS
App. oved By:
. a ,di,., ~ <2
Mari~eresa Del Rio
Mayor
df5S =v------
Ernesto Marquez 0
City Manager
Approved as to Form:

JMJ,c/ttM q( ~. Megan Gai ibaldi
City Attorney
Attested By: & ~
Pablo Rubio, CMC
City Clerk
65320.0000 I \33979787. I
PSOMAS
Its: Vice President
Printed Name: Brett Barnett, PE, CCM
By: ---------------
Its: Vice President
Printed Name: Reuben Tolentino, CCM
-16- PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "A"

SCOPE OF SERVICES

1. Contractor shall provide Professional Construction Management/ Engineering Support/ Testing and Inspection Services on an On-Call Task Order Not-to-Exceed basis, to the City of Hawaiian Gardens, including, but not limited to, the following specific services:
a. Construction Management - Construction management services required include, but shall not be limited to, the following: construction management, contract administration,· pre-construction meetings, utility coordination, monitoring of construction schedules, shop drawing review, submittal review, public notification, public complaint resolution, traffic coordination, coordination with other City departments, other agency coordination, interpretation of PSE, quality assurance and quality control, analysis of changed conditions, development of corrective actions, negotiation of change orders, and other related services. · b. Engineering Support - Engineering support services required include, but shall not be limited to, the following: architectural, engineering, surveying, estimating, constructability review, value engineering, computer-aided drafting, GIS support, pavement management support, engineering staffing support, permit assistance, federal, state and local grant applications preparation, labor compliance services, database administration, review of "as-built" drawings, and other related services. c. Testing and Inspection - Testing and inspection services include, but shall not be limited to, the following: construction inspection, quality assurance/quality control, GPS enabled site photography, field visits, pre-construction job walks, emergency and night inspections, material and laboratory testing, structural calculations geotechnical investigations, potholing, exploratory investigations, underground utility research, and other related services.

2. General Requirements for Scope of Services:
a. Letter of Authority - Prior to the issuance of any task orders under this Contract, Contractor shall submit a written letter identifying the key personnel authorized to initiate and submit proposals on the Contractor's behalf. b. Task Orders - Prior to starting any work, Contractor shall submit a proposed, detailed Task Order scope of services, fee proposal, schedule, and over-all project estimate, to the Contract Officer for approval. No work shall begin until written approval from the Engineering Division has been received. Scope of Services and number of hours for each Task shall be upon mutual agreement by the City and the Contractor.
c. Invoices - The Contractor shall submit invoice monthly and in no case shall invoice be submitted more than once per month. A copy of the accounts payable schedule is available from the Contract Officer. The invoice will be in a format that is acceptable to Contract Officer and shall detail individual personnel who worked on 65320.0000 I \33979787.1 A-1
the project, specific tasks performed, hours worked, billing rate, total costs, and previous billing history, percentage of work completed, and percentage of dollars spent. The Contractor shall prepare invoices that show costs against each major milestone task.

The Contractor shall notify the Contract Officer when the cumulative compensation payable under any Task Order has reached 75% of the estimated not to exceed price.

If at any time the Contractor has reason to believe that the total cost to the Authority for the performance of the Task Order will be greater or substantially less than the not to exceed estimate, the Contractor shall notify the City in writing to that effect and give its revised estimate of the total cost for the performance of the task Order.

The City shall have the right to use, duplicate, modify or disclose the technical data and the information contained therein.

The Contractor agrees to provide any proprietary software or data used in conjunction with the project to the City, if requested, as long as the City pays for any additional licensing costs.
e. W eh-based Database - In addition to Contractor's standard construction reporting procedures, Contractor shall submit copies of inspection daily reports to City via the City's web-based database on a daily basis. Inspection daily reports shall be submitted by 7:00 am the following calendar day. Additionally, Contractor shall track labor hours on a daily basis in the City's web-based database. Furthermore, daily photos of construction activities shall be uploaded on a daily basis by the Contractor to the City's web-based database.
f. Contractor's Progress Invoice - The Contractor shall have quantity sheets which summarize the quantity, location, date, time, and quantity of each bid item installed and subsequently submitted for payment. Quantity sheets shall be checked against daily inspection reports for correctness. Separate quantity sheets shall be created for change order work. These quantity sheets shall be in addition to the measured field quantities record agreed upon in the field. Contractor is responsible for checking the progress invoice against the quantity sheets, daily reports, and 65320. 0000 I \33 979787. I A-2
measured field quantities records. Additionally, Contractor shall request prevailing wage reports from the construction contractor when the work is subject to prevailing wages. Contractor is responsible for checking each progress payment and ensuring compliance with current laws and regulations regarding prevailing wages. Prior to forwarding construction contractor's invoices to the City, Contractor shall have the progress payment signed and dated certifying that he has checked the progress invoice for completeness and correctness and that the aforementioned tasks described herein this item have been completed. g. Resident Engineer/ Assistant Resident Engineers - Resident Engineers shall be licensed, registered Civil engineers within the State of California. Assistant Registered Engineers need not be licensed, registered Civil engineers, however all work completed by Assistant Resident Engineers need to be reviewed and acknowledged as being completed under the responsibility and supervision of the Resident Engineer, who shall initial and date each work product of the Assistant Resident Engineer. Additionally, prior to the commencement of work for each task order a letter of responsibility shall be submitted to the City stating that the Assistant Resident Engineer will be performing work under the responsibility and supervision of the Resident Engineer.
h. Key Personnel - The Contractor shall not reassign any personnel mentioned in the RFQ/Interview process unless under extraordinary circumstances. The Contractor shall secure prior written approval from the City for any change or reassignment of the key personnel, submitting written documentation of the new individual's qualification.

All personnel shall have sufficient skill and experience to perform the work assigned to them. The City shall have the right, in its absolute discretion to require the removal of the Contractor's personnel at any level assigned to the performance of the Services at no additional fee to the City, if the City considers such removal necessary and in its best interest and request such removal in writing. Further, an employee who is dismissed for any of the above reasons shall not be re-employed on this Contract.
i. Safety and Identification - All Contractor personnel are required to wear ANSI Class 2 or ANSI Class 3 Safety Vests at ALL times. Vests shall be high visibility lime-green with reflective stripes and shall have an identifying logo and print on the back of the vest. When working in areas where there is a potential for injury to the head from falling objects, Contractor personnel shall wear Class A hard hats in accordance with ANSI Z89 .1, which shall have an identifying logo and print on the 65320.00001 \33979787.1 A-3
front of the hard hat. Full-size proofs of the identifying logos and print shall be submitted to the City for approval.
j. Vehicle Identification - All Contractor personnel vehicles shall have a magnetic decal for automobiles posted on both sides of the automobile. The decal shall have the City of Hawaiian Gardens Public Works Logo, along with the words "Public Works Inspector", printed on the decal. A proof shall be submitted to the City for approval prior to the production of the decal. k. Unauthorized Work - Any services not required by the terms of the final scope of work or proposal that are performed without written authority from the Contract Officer, will be considered as unauthorized and at the sole expense of the Contractor. Services so performed will not be paid for, and no extension in the period of performance shall be granted on account thereof.

1. Audits - The Contractor shall keep and maintain full and complete records and books of account of its costs and expenses relating to the performance of the Services, in accordance with generally accepted accounting practices. Such records and accounts shall be furnished to the City, upon written notice, an accurate written allocation of the costs to the various elements of the Services, as may be required by the Authority. Upon reasonable advance written notice, the City or its representatives shall have the right to examine, any books, records, accounts, and other documents of the Contractor directly pertaining to costs when such costs are the basis of a claim or of reimbursement to the Contractor hereunder. The City will make reasonable efforts to assure that any such representative is not a competitor of the Contractor to which the disclosure of such cost information would have a detrimental effect on the Contractor's business. The City shall notify the Contractor with the identity of any representative and the Contractor will have the right to verify that the representative is not a competitor prior to the audit. The Contractor shall keep and preserve all such books, records, accounts, and other documents for a period of at least three years after completion of the Services and Final Payment or if this Contract is terminated in whole or in part after the final termination agreement.
m. Contractor's Interaction with the Media and the Public -The Contractor shall refer all inquiries from the news media to the City. If the Contractor receives a complaint from a citizen or the community, the Contractor shall inform the Contract Officer what action was taken to alleviate the situation.
n. Sub-Contractors - The City reserves the right of prior approval of all subContractors and retains the right to request the Contractor to terminate any subContractor, for any reason deemed appropriate by the City, by so notifying the Contractor in writing. Should said notification be submitted to the Contractor, it shall terminate said sub-Contractor immediately.
65320.00001 \33979787.1 A-4
The City shall have no liability to any sub-Contractor(s) for payment for services under this Contract or other work performed for Contractor. Any subcontract entered into by Contractor under the contract shall duly note that the responsibility for payment for the technical services or any other services performed shall be the sole responsibility of the Contractor.
o. Direct Expenses - It is expected that the Contractor has extensive knowledge and experience performing this type of work. The Contractor shall prepare a not to exceed budget for direct expenses and breakdown costs for services such as copying, blue prints, computer time, reproduction, delivery, and any other foreseeable expense not covered in the Contractor's hourly rates. Therefore, the Contractor shall receive no additional compensation beyond that which is detailed in their budget. Mileage charges shown in the Hourly Rates shall refer to only noncommuter travel. 65320.00001 \33979787.1 A-5
EXHIBIT "B"

Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances."
II. DELETE subsection 1.8 and REPLACE with the following:
"1.8 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in a particular Task Order, as defined in Exhibit "A," or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation up to the amount authorized by the City Council ("Task Order Contingency"); or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
65320.00001 \33979787.1 B-1
II. DELETE subsection 2.1 and REPLACE with the following:
"2.1 Contract Sum. For on-call services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. For each Task Order, as defined in Exhibit "A," Contractor shall provide a not-to-exceed Task Order amount as further described in Exhibit "A" ("Contract Sum")."
III. DELETE subsection 3-4 and REPLACE with the following:
"3.4 Term & Extended Term. Unless earlier terminated in accordance with Section 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of such services as may be requested by City from time-to-time, but not exceeding three (3) calendar years from the date hereof, except as otherwise provided in the Schedule of Performance.

The City shall have the right but not the obligation, in its sole and unfettered discretion, to extend the initial term of this Agreement a maximum of two (2) extended terms of one (1) year. In order to do so, City shall, not later than ninety (90) calendar days prior to the expiration of the initial term, give Contractor written notice, in the form and manner allowed by this Agreement, of its intention to extend the initial term of this Agreement for two (2) extended terms of one (1) additional calendar year, which extension shall be according to the terms and conditions of this Agreement, unless the same is modified by the parties hereto in writing signed by the party to be charged." IV. The title of Article 5 shall read as follows:
"INSURANCE, INDEMNIFICATION, AND BONDS"
V. Section 5.l(d) shall be amended to read as follows:
"Professional Liability. Professional liability insurance in the amount not less than two million dollars ($2,000,000). This coverage may be written on a "claims made" basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Contractor's services or the termination of this Agreement. During this additional 5-year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage."
VI. Section 5.5 shall be added as follows:
65320.00001\33979787.1 B-2
"Sufficiency oflnsurer. Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best's Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Risk Manager of City ("Risk Manager") determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within 10 days of receipt of notice from the Risk Manager."
65320.00001 \33979787. I B-3
EXHIBIT "C"

III. All Task Orders shall be specified in writing, including, but not limited to, the Not-toExceed fee for services rendered.

IV. A project based task order is authorized for up to the approved budgetary amount to start work upon execution of this contract and notice to proceed by the Contract Officer.

The Contractor agrees not to seek any compensation from the City for any and all work performed and costs incurred in excess of the City's approved budgetary amount.

V. Hourly rates, set forth in Exhibit "C-1", may be modified upon approval of the Contract Officer, on an annual basis and not to exceed 3% annually. 65320.00001 \33979787.1 C-1
EXHIBIT "C-1"

HOURLY RA TE SCHEDULE
Classification Hourly Rate
Senior Resident Engineer $240
Resident Engineer Ill $220
Resident Engineer II $200
Resident Engineer I $180
Senior Structures Representative $240
Structures Representative Ill $220
Structures Representative II $200
Structu res Representative I $180
Sen ior Construction Ma nager $210
Construction Manager II $190
Construction Manager I $170
Scheduler $160
Sen ior Inspector $215
Inspector Ill $210
Inspector II $195
Inspector I $185
Senior Office Engineer $180
Office Engineer $150
Labor Compliance $125
Adm inistrative Support $105
GIS Manager $295
Traffic Engineering Manager/Eng ineering Support $270
Survey Project Manager $265
65320.0000 I \33979787.1 C-2
EXHIBIT "D"

SCHEDULE OF PERFORMANCE
D-1 Hourly rates, set forth in Exhibit "C-1 ", may be modified upon approval of the Contract Officer, on an annual basis and not to exceed 3% annually.

D-3 In the case of emergency work, Contractor shall be available to provide services within 48 hours, in response to issuance of a Task Order by the Contract Officer.

D-4 The Contractor shall provide a detailed schedule, in format approved by the Contract Officer, for each Task Order. No work shall be authorized unless the Contract Officer has first approved the schedule.
65320.0000 I \33979787.1 D-1

CITY OF HAWAIIAN GARDENS

CITY COUNCIL

STAFF REPORT
Agenda Item #B6
DATE: March 25, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Neema Ghanbari, M.S., P.E., Public Works Director
RECOMMENDATION:

RECOMMENDATION TO RECEIVE AND FILE THE PUBLIC WORKS DEPARTMENT PERMITS REPORT FOR THE MONTHS OF JANUARY AND FEBRUARY 2026

SUMMARY
The Engineering Division, as part of the Public Works Department, is responsible for the implementation of the policies and objectives of the community as set forth in the City of Hawaiian Gardens’ General Plan, Municipal Code, and oversees the project management for the construction of the City’s capital improvements, infrastructure, and public facilities.

The Engineering Division reviews applications and issues construction and encroachment permits for any work that is done in the public right-of-way, such as the streets and alleys, and if the public rights-of-way are used for equipment parking/staging and to conduct any construction, repair, or maintenance of any property or utilities within or adjacent. Work on or use of the public right-of-ways may include: underground and above-ground utilities repair/replacement by utility companies and their contractors, driveway construction, temporary use for staging of equipment and vehicles, and contractors working on behalf of the City for public improvements. The permits and final inspections will ensure that any work is conducted in accordance with City Engineering specifications and appropriate standards and that any traffic control and safety measures are properly in place and followed.

The attached chart is a summary of all permits issued during the months of January and February 2026.

Agenda Item #B6
March 25, 2026

Page 2 ends

FISCAL IMPACT
None.

SUGGESTED ACTION
Approve Recommendation.

ATTACHMENT
A. Monthly Public Works Permits Report List for January and February 2026.

ATTACHMENT A
No. Permit Date Contractor For Location Type Amount
1 1561 02/11/26 Charter Spectrum 11727 Carson Street Traffic Control for fiber work in Lakewood $ 897.00 2 1562 02/23/26 Long Beach Utilities Dept 21815 Pioneer Blvd Fire Hydrant Valve Replacement $ 801.00 2 Total for Month: $ 1,698.00
21 Total for Fiscal Year: $ 31,053.00
`
Total Permits for Fiscal Year:

City of Hawaiian Gardens - Public Works Department
Monthly Report - Public Works Permits Issued
January and February 2026
Total Permits for Month:

CITY OF HAWAIIAN GARDENS

CITY COUNCIL

STAFF REPORT
Agenda Item #B7
DATE: March 25, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Linda Hollinsworth, Finance Director
Abraham Yi, Accounting Specialist
RECOMMENDATION:

RECOMMENDATION TO RECEIVE AND FILE WARRANTS PROCESSED DURING THE PERIOD OF FEBRUARY 28 TO MARCH 13, 2026

SUMMARY
Information for warrants processed from February 28 to March 13, 2026 is provided, in the attachments, for review by the City Council. A detailed report for Accounts Payable (AP) provides a list of all payments presented by payment type and check number.

Payments are made to vendors using paper checks, via ACH or online.

Payroll (PR) represents payments for employee payroll, taxes, insurance and CalPers retirement contributions and does not include any detailed information.

FISCAL IMPACT
None

SUGGESTED ACTION
Approve Recommendation.

ATTACHMENTS
A. Financial Summary
B. AP Invoice Approval Lists Payment Type and Check Number Attachment A
Financial Summary
Description Warrant Information Amount
AP Check Payments to Vendors Ck 68654 – 68701 $ 879,329.20 AP ACH Payments to Vendors Ck 1059022 – 1059058 522,428.06 AP Online Payments to Vendors Ck 3187 – 3216 110,278.09 PR Employee Salaries & Benefits Ck 73559 – 73665 188,499.12 PR CalPers- Online Retirement Benefits 3/2/2026, 3/3/2026 68,930.47 Voided Check
Total for Feb 28-Mar 13, 2026 $1,769,464.94
City of Hawaiian Gardens
Check Register Report
Check
Date
Check
Number
Status Amount
CHK PMTS 02/28/26 TO 03/13/26
BANK:

Vendor
Number Vendor Name Check Description
BANK OF THE WEST-GENERAL ACCT Page: 1
Time: 1:22 pm
Date: 03/18/2026
Void/Stop
Date
Reconcile
Date
BANK OF THE WEST-GENERAL ACCT Checks
ABC UNIFIED SCHOOL 2,871.37

DISTRICT
68654 03/04/26 Printed 0035M OCT - DEC 2025 10% WATER
IRRIGATION COSTS - 2ND QTR
68655 03/04/26 Printed 0277J ALEX TIRES INC UNIT 67 - FLEET MAINT OIL/FILTER 90.00 CHANGE
68656 03/04/26 Printed 1270 MIGUEL BRAVO UNIT 8 FLEET MAINT - REPLACE 75.00

CABIN FILTER
68657 03/04/26 Printed 1357T CALIFORNIA STATE SOCCER JAN 2026 SOCCER PLAYER 202.50 REGISTRATION (9)
68658 03/04/26 Printed 2897M VICTOR FARFAN REIMB EMP/CELL PHN/MAR 2025 825.00 68659 03/04/26 Printed 3548L HDR CONSTRUCTION LLC DEMO/INST GRANITE COUNTERTOP 2,800.00 /BACKSPLASH - SR CTR RESTROOM
68660 03/04/26 Printed 3935ST INTERSTATE STRIPING INC PARKING LOT STRIPING & REFRESH 3,400.00 YEL/BLK WALKWAY - H.ROSAS/H.ES
68661 03/04/26 Printed 4321D JACQUELINE LEDEZMA 02.21.26 FACILITY RENTAL DEPOSIT 1,000.00 REFUND
MV CHENG & ASSOCIATES 2,025.00
INC
68662 03/04/26 Printed 5195 JAN 2026 CONSULTING SVCS -

BUDGET ANALYST
68663 03/04/26 Printed 2185 NIRBHAU INC CITY BADGE (2) & LASER PLATE - 64.71

PUBLIC SAFETY
68664 03/04/26 Printed 5516B OC BILLIARDS & MORE SENIOR BILLIARD TABLES 1,150.00

MAINTENANCE
SOUTHERN CALIF EDISON 14.57

COMPANY
68665 03/04/26 Printed 6801 01.20 - 02.18.26 SER PER
SOUTHERN CALIF EDISON 1,652.31

COMPANY
68666 03/04/26 Printed 6801 01.20 - 02.18.26 SER PER
SOUTHERN CALIF EDISON 56.84

COMPANY
68667 03/04/26 Printed 6801 01.20 - 02.18.26 SER PER
SOUTHERN CALIF EDISON 15.93

COMPANY
68668 03/04/26 Printed 6801 01.20 - 02.18.26 SER PER
SOUTHERN CALIF EDISON 203.95

COMPANY
68669 03/04/26 Printed 6801 01.20 - 02.18.26 SER PER
68670 03/04/26 Printed 7727NT WASTE RESOURCES INC FY 25/26 PROPERTY TAX WASTE 874.71 FEES - 90%
68671 03/04/26 Printed 7907 WILLDAN ENGINEERING JAN 2026 PROF SVCS - CITY 12,076.25

ENGINEERING
68672 03/11/26 Printed 0009O 8X8 INC FEB 2026 TELEPHONE SVCS 913.07 68673 03/11/26 Printed 0355AM RICARDO ALMENDAREZ 02.28.26 FACILITY RENTAL DEPOSIT 750.00 REFUND
68674 03/11/26 Printed 0520HZ JUAN ANGUIANO RMV PEAR/JACARANDA TREES (16) & 13,450.00 PLANT PALM TREES (19) - JUAN
68675 03/11/26 Printed 0585L ARTESIA HIGH SCHOOL FY 25/26 DONATION - 05.06.26 I'M 5,000.00

GOING TO COLLEGE DINNER
ASSA ABLOY ENTRANCE 3,200.00

SYSTEMS US
68676 03/11/26 Printed 0609QB FY 26/27 ENTRANCE DOORS MAINT SVCS (8)
CINTAS FIRST AID & SAFETY 1,465.75
0168
68677 03/11/26 Printed 1729X FIRST AID RESTOCK - CRL
EASTERN COUNTY 1,657.35

NEWSPAPER GROUP
68678 03/11/26 Printed 4587 02.20.26 LEGAL NTC - SUMMARY ADOPTED ORD 2026-623, 2026-624
68679 03/11/26 Printed 2929PL STEVE FERREIRA 03.13.26 SPRING PAINT NIGHT - 300.00

PHOTO BOOTH
FRANCHESCO PLUMBING 1,300.00
INC
68680 03/11/26 Printed 5307NF HYDRO JETTING SVCS - ICE MAKER & 4" CLEAN OUT - CRL
GOVERNMENTAL FINANCIAL 2,800.00

SERVICE
68681 03/11/26 Printed 3433G FEB 2026 SVCS - INTEREST ALLOC FY25/26, CDBG, CIP FUND, ROPS
HOWROYD-WRIGHT 4,062.86

EMPLOYMENT
68682 03/11/26 Printed 0558M W/E 02.21.26 CLERICAL AID2 68683 03/11/26 Printed 6001 ALICIA CHAVEZ LEON 03.13.26 SPRING PAINT NIGHT 555.00 LNI CUSTOM 4,317.50

MANUFACTURING INC
68684 03/11/26 Printed 4425 BUS SHELTER MAINT - BASE PLATE COVERS (12)
68685 03/11/26 Printed 4510K ALBERTO SORIA LOPEZ FABRICATION/BACK PANELS/STEEL - 4,916.25

ACCESS DOOR CRL GYM
MV CHENG & ASSOCIATES 875.00
INC
68686 03/11/26 Printed 5195 FEB 2026 CONSULTING SVCS -

HUMAN RESOURCES ANALYST
68687 03/11/26 Printed 5755 PETTY CASH\E.VIGIL 01.05 - 12.18.25 PETTY CASH REIMB 359.77 SEQUENCE 5029-5039
68688 03/11/26 Printed 5987YA QUADIENT LEASING USA INC APR - JUN 2026 POSTAGE MACHINE 579.79

LEASE PAYMENT
Attachment B
City of Hawaiian Gardens
Check Register Report
Check
Date
Check
Number
Status Amount
CHK PMTS 02/28/26 TO 03/13/26
BANK:

Vendor
Number Vendor Name Check Description
BANK OF THE WEST-GENERAL ACCT Page: 2
Time: 1:22 pm
Date: 03/18/2026
Void/Stop
Date
Reconcile
Date
BANK OF THE WEST-GENERAL ACCT Checks
68689 JAN 2026 SCAG STBG STREET 03/11/26 Printed 6566 SEQUEL CONTRACTORS INC 754,516.52 REHABILITATION - PMT #3
SOCAL AUTO & TRUCK 56.87

PARTS INC
68690 PW YARD SHOP SUPPLIES 03/11/26 Printed 6727
SOUTHERN CALIF EDISON 1,677.16

COMPANY
68691 02.01 - 02.28.26 SER PER 03/11/26 Printed 6801
SOUTHERN CALIF EDISON 1,618.04

COMPANY
68692 02.01 - 02.28.26 SER PER 03/11/26 Printed 6801
SOUTHERN CALIF EDISON 9,284.14

COMPANY
68693 02.01 - 02.28.26 SER PER 03/11/26 Printed 6801
SOUTHERN CALIF EDISON 2,811.92

COMPANY
68694 02.01 - 02.28.26 SER PER 03/11/26 Printed 6801
SOUTHERN CALIF EDISON 3,174.73

COMPANY
68695 02.01 - 02.28.26 SER PER 03/11/26 Printed 6801
68696 02.18 - 03.01.26 PATROL SVCS 03/11/26 Printed 6870 SOUTHWEST PATROL INC 7,200.00 UNDERGROUND SERVICE 55.15
ALERT
68697 FEB 2026 DIG ALERT NOTICES 03/11/26 Printed 7310
68698 01.29.26 UNIFORMS, TOWELS & MATS 03/11/26 Printed 7324 UNIFIRST CORPORATION 1,374.55 68699 MAR 2026 VISION INSURANCE 03/11/26 Printed 7649 VISION SERVICE PLAN - CA 1,857.64 68700 01.16-01.31.26 JACARANDA/PEAR 03/11/26 Printed 7760 WEST COAST ARBORISTS 14,255.00

TREE TRIMMING - CITY HALL
68701 GYM FLOOR RESURFACING - CRL 03/11/26 Printed 8062C DAVIS ZEITUNI 5,547.00 Total Checks: 48 Checks Total (excluding void checks): 879,329.20 Total Payments: 48 Bank Total (excluding void checks): 879,329.20 Total Payments: 48 Grand Total (excluding void checks): 879,329.20 City of Hawaiian Gardens
Check Register Report
Check
Date
Check
Number
Status Amount
ACH PMTS 02/28/26 TO 03/13/26
BANK:

Vendor
Number Vendor Name Check Description
BANK OF THE WEST-GENERAL ACCT Page: 1
Time: 1:23 pm
Date: 03/18/2026
Void/Stop
Date
Reconcile
Date
BANK OF THE WEST-GENERAL ACCT EFTs
AMERICAN CITY PEST 324.50

TERMITE INC
1059022 FEB 2026 PEST CONTROL - CITY 03/04/26 Printed 0440

HALL, CRL, PW YARD, PATIOS
AMERICAN SOCCER 1,544.83
COMPANY INC.
1059023 SPORTS COMPLEX SUPPLIES - 03/04/26 Printed 0486 WHITE & BLUE PAINT
1059024 PW UNIFORMS WORK SHOES - A. 03/04/26 Printed 6619 GCP WW HOLDCO LLC 196.86 PEREZ
1059025 INST 220V 20 AMP BREAKER, 80' 03/04/26 Printed 3788 HOTWIRE ELECTRIC INC WIRE 3,587.50 & RECEPTACLE -CRL KITCHEN
1059026 MAR 2026 PROF LEGISLATIVE 03/04/26 Printed 3380 JOE A. GONSALVES & SON 2,000.00 1059027 02.25.26 STUDENT GOVERMENT DAY 03/04/26 Printed 5061 MOLI-MEX INC - 175.60 PLAQUE
STAPLES BUSINESS 161.16

ADVANTAGE
1059028 CM & CITY HALL SUPPLIES 03/04/26 Printed 6931-ADMM STAPLES BUSINESS 1,719.41

ADVANTAGE
1059029 CITY CLERK OFFICE CUBICAL 03/04/26 Printed 6932-CLKK STAPLES BUSINESS 151.69

ADVANTAGE
1059030 FINANCE SUPPLIES 03/04/26 Printed 6932-FINN
VERIZON WIRELESS 547.14

SERVICES, LLC
1059031 JAN - FEB 2026 WIRELESS PHONE 03/04/26 Printed 7547

CHARGES
X-ACT TECHNOLOGY 1,469.06

SOLUTIONS INC
1059032 FEB 2026 OFFICE 365 - BUS PREMIUM 03/04/26 Printed 7966 ALAN'S LAWN & GARDEN 1,275.73
CENTER
1059033 LANDSCAPING EQUIP - EDGER/ 03/11/26 Printed 0252 EDGER BLADES & WEEDERS (2)
AMERICAN CITY PEST 1,605.00

TERMITE INC
1059034 FEB 2026 PEST CONTROL - CITY HALL 03/11/26 Printed 0440 AMERICAN FAMILY LIFE 2,670.10

ASSURANCE
1059035 FEB 2026 SUPPLEMENTAL 03/11/26 Printed 0204

INSURANCE
1059036 JAN 2026 MONTHLY SVCS 03/11/26 Printed 0501 AMERINAT 111.10 1059037 JAN-FEB 2026 PROF SVCS - SCAG 03/11/26 Printed 0559HD ARDURRA GROUP INC 44,001.75 STBG STREET REHAB PROJ 121
1059038 JAN 2026 PROF ATTORNEY SVCS - 03/11/26 Printed 0923A BEST BEST & KRIEGER LLP 27,393.33

CITY ATTORNEY
COALITION FOR 151.50

CONTROLLING INS
1059039 FEB 2026 EAP 03/11/26 Printed 1855L
DELTA DENTAL INSURANCE 195.97

COMPANY
1059040 MAR 2026 DENTAL INS 03/11/26 Printed 2338
1059041 02.15 - 03.14.26 MONTHLY RETAINER 03/11/26 Printed 2751K ENGLANDER KNABE ALLEN & 5,500.00 1059042 04.18.26 CARNIVAL - PARADE FLOAT 03/11/26 Printed 2998A FLOATASIA LLC 8,500.00 RENTAL 50% DEPOSIT
1059043 02.17 - 02.26.26 ZUMBA INSTRUCTOR 03/11/26 Printed 3219D VANESSA GARCIA 120.00 1059044 FEB 2026 216TH ST - PALM TREE 03/11/26 Printed 3653F FELIPE HERNANDEZ 1,750.00 TRIMMING (22)
L.A. COUNTY SHERIFF'S 397,432.52
DEPT.
1059045 NOV 2025 LAW ENFORCEMENT SVCS 03/11/26 Printed 4205 1059046 YOUTH SPORTS FLYERS - SOCCER 03/11/26 Printed 0893 MADISON LEEDS 557.05 (1500), BASEBALL (1500)
LOS ALTOS TROPHY 49.39
COMPANY INC.
1059047 03/11/26 Printed 4525 ADULT SPORTS BASEBALL TROPHY 1059048 REIMB EMP/CELL PHN/FEB 2026 03/11/26 Printed 5099 SHAVON MOORE-CAGE 60.00 1059049 MAR 2026 DENTAL PPO INSURANCE 03/11/26 Printed 5166D MUNICIPAL DENTAL POOL 5,236.23 1059050 09.26.25 - 02.06.26 BALLET 03/11/26 Printed 5436 ZARENE MARIE NUNEZ 981.00

FOLKLORICO INSTRUCTOR
RAMJAN BROTHERS 2,344.81

ENTERPRISES
1059051 JANITORIAL SUPPLIES 03/11/26 Printed 6444
1059052 02.25.26 VIDEO PROD - STUDENT 03/11/26 Printed 6391 NADIM SALLMAN 1,500.00

GOVERNMENT DAY
1059053 FEB 2026 MONTHLY SVCS 03/11/26 Printed 6328 SC CONSULTING GROUP LLC 6,900.00 1059054 FEB 2026 ERP PROCUREMENT 03/11/26 Printed 6518I SDI PRESENCE LLC 1,867.50 STAPLES BUSINESS 219.63

ADVANTAGE
1059055 FINANCE SUPPLIES 03/11/26 Printed 6932-FINN
STAPLES BUSINESS 13.71

ADVANTAGE
1059056 CR REC ADMIN OFFICE SUPPLIES 03/11/26 Printed 6932-RECC 1059057 FEB 2026 FLEX PLAN 03/11/26 Printed 7161DG THE ADVANTAGE GROUP 81.00

ADMINISTRATION FEES
1059058 REIMB EMP/02.03 - 02.23.26 MILEAGE 03/11/26 Printed 7195Y KRISTINA TORREYSON 32.99 City of Hawaiian Gardens
Check Register Report
Check
Date
Check
Number
Status Amount
ACH PMTS 02/28/26 TO 03/13/26
BANK:

Vendor
Number Vendor Name Check Description
BANK OF THE WEST-GENERAL ACCT Page: 2
Time: 1:23 pm
Date: 03/18/2026
Void/Stop
Date
Reconcile
Date
Total EFTs: 37 EFTs Total (excluding void checks): 522,428.06 Total Payments: 37 Bank Total (excluding void checks): 522,428.06 Total Payments: 37 Grand Total (excluding void checks): 522,428.06 City of Hawaiian Gardens
Check Register Report
Check
Date
Check
Number
Status Amount
ONL PMTS 02/28/26 TO 03/13/26
BANK:

Vendor
Number Vendor Name Check Description
BANK OF THE WEST-ONLINE PYMTS Page: 1
Time: 1:25 pm
Date: 03/18/2026
Void/Stop
Date
Reconcile
Date
BANK OF THE WEST-ONLINE PYMTS Checks
CHEVRON AND TEXACO 3,457.75

UNIVERSAL
3187 01.16 - 02.15.26 FUEL CHARGES 02/19/26 Printed 1716 3188 02.17.26 STATEMENT DATE 02/24/26 Printed 4607P LOWE'S BUSINESS ACCOUNT 1,252.38 3189 DEC25 - JAN26 RETIREES HEALTH 02/25/26 Printed 1458L CAL PERS RETIREMENT 3,463.66

PREMIUM COVERAGE RETROACTIVE
BMO BANK N.A.-BANK 2,284.05

CHARGES
3190 4TH QTR 2025 ACCOUNT ANALYSIS 01/22/26 Printed 0821BC

FEE CHARGES
3191 MAR 2026 HEALTH PREMIUM 03/04/26 Printed 1458L CAL PERS RETIREMENT 83,697.16

COVERAGE
BMO BANK N.A.-BANK 1,250.97

CHARGES
3192 FEB 2026 BANK FEE CHARGES 03/02/26 Printed 0821BC
3193 MAR 2026 SVCS CABLE TV, 03/09/26 Printed 7174TC CHARTER COMMUNICATIONS 1,276.22

INTERNET, PHONE & STREAMING
3194 02.04 - 03.08.26 SER PER 03/10/26 Printed 1795 CITY OF LONG BEACH 2,041.20 GOLDEN STATE WATER 298.14

COMPANY
3195 02.03 - 03.04.26 SER PER 21631 03/11/26 Printed 3342G

BLOOMFIELD IRR
GOLDEN STATE WATER 140.22

COMPANY
3196 02.03 - 03.04.26 SER PER 21631 03/11/26 Printed 3342G

BLOOMFIELD IRR
GOLDEN STATE WATER 146.81

COMPANY
3197 02.03 - 03.04.26 SER PER 21631 03/11/26 Printed 3342G

BLOOMFIELD IRR
GOLDEN STATE WATER 167.70

COMPANY
3198 02.03 - 03.04.26 SER PER 21631 03/11/26 Printed 3342G

BLOOMFIELD IRR
GOLDEN STATE WATER 488.96

COMPANY
3199 02.03 - 03.04.26 SER PER 21631 03/11/26 Printed 3342G

BLOOMFIELD IRR
GOLDEN STATE WATER 381.01

COMPANY
3200 02.03 - 03.04.26 SER PER 21631 03/11/26 Printed 3342G

BLOOMFIELD IRR
GOLDEN STATE WATER 488.96

COMPANY
3201 02.03 - 03.04.26 SER PER 21631 03/11/26 Printed 3342G

BLOOMFIELD IRR
GOLDEN STATE WATER 282.43

COMPANY
3202 02.03 - 03.04.26 SER PER 21631 03/11/26 Printed 3342G

BLOOMFIELD IRR
GOLDEN STATE WATER 429.04

COMPANY
3203 02.03 - 03.04.26 SER PER 21631 03/11/26 Printed 3342G

BLOOMFIELD IRR
GOLDEN STATE WATER 140.22

COMPANY
3204 02.03 - 03.04.26 SER PER 21631 03/11/26 Printed 3342G

BLOOMFIELD IRR
GOLDEN STATE WATER 532.60

COMPANY
3205 02.03 - 03.04.26 SER PER 21631 03/11/26 Printed 3342G

BLOOMFIELD IRR
GOLDEN STATE WATER 153.95

COMPANY
3206 02.03 - 03.04.26 SER PER 21631 03/11/26 Printed 3342G

BLOOMFIELD IRR
GOLDEN STATE WATER 140.22

COMPANY
3207 02.03 - 03.04.26 SER PER 21631 03/11/26 Printed 3342G

BLOOMFIELD IRR
GOLDEN STATE WATER 635.01

COMPANY
3208 02.03 - 03.04.26 SER PER 21631 03/11/26 Printed 3342G

BLOOMFIELD IRR
GOLDEN STATE WATER 305.01

COMPANY
3209 02.03 - 03.04.26 SER PER 21631 03/11/26 Printed 3342G

BLOOMFIELD IRR
GOLDEN STATE WATER 635.59

COMPANY
3210 02.03 - 03.04.26 SER PER 21631 03/11/26 Printed 3342G

BLOOMFIELD IRR
GOLDEN STATE WATER 318.73

COMPANY
3211 02.03 - 03.04.26 SER PER 21631 03/11/26 Printed 3342G

BLOOMFIELD IRR
GOLDEN STATE WATER 146.81

COMPANY
3212 02.03 - 03.04.26 SER PER 21631 03/11/26 Printed 3342G

BLOOMFIELD IRR
GOLDEN STATE WATER 1,150.52

COMPANY
3213 02.03 - 03.04.26 SER PER 21631 03/11/26 Printed 3342G

BLOOMFIELD IRR
GOLDEN STATE WATER 167.70

COMPANY
3214 02.03 - 03.04.26 SER PER 21631 03/11/26 Printed 3342G

BLOOMFIELD IRR
GOLDEN STATE WATER 57.55

COMPANY
3215 02.03 - 03.04.26 SER PER 21631 03/11/26 Printed 3342G

BLOOMFIELD IRR
GOLDEN STATE WATER 4,347.52

COMPANY
3216 02.03 - 03.09.26 SER PER 12341 03/11/26 Printed 3342G CARSON
Total Checks: 30 Checks Total (excluding void checks): 110,278.09 Total Payments: 30 Bank Total (excluding void checks): 110,278.09 Total Payments: 30 Grand Total (excluding void checks): 110,278.09

CITY OF HAWAIIAN GARDENS

CITY COUNCIL

STAFF REPORT
Agenda Item #B8
DATE: March 25, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Pablo Rubio, City Clerk
RECOMMENDATION:

Recommendation to approve the minutes for the City Council meeting of Wednesday, March 11, 2026.

SUMMARY
The City Clerk’s office is to prepare and present the meeting minutes to the City Council for review and approval.

FISCAL IMPACT
None.

SUGGESTED ACTION
Approve Recommendation.

ATTACHMENTS
A. March 11, 2026 - Minutes
CITY OF HAWAIIAN GARDENS
CITY COUNCIL MINUTES
Luis Roa, Mayor Pro Tem
Dandy De Paula, Councilmember
Victor Farfan, Councilmember
Ernie Vargas, Councilmember Maria Teresa Del Rio,
Mayor
Wednesday, March 11, 2026
Regular Meeting, 6:00 PM
Ernesto Marquez,City Manager
Norma Tabares, City Attorney
Pablo Rubio, City Clerk

MINUTES
CALL TO ORDER
The City Council meeting was called to order on Wednesday, March 11, 2026 at 6:02 PM.

INVOCATION
The invocation was led by Pablo Rubio, City Clerk.

FLAG SALUTE
The flag salute was led by Councilmember Farfan.

ROLL CALL

PRESENT
Councilmember De Paula
Councilmember Farfan
Councilmember Vargas
Mayor Del Rio
ABSENT
1 Mayor Pro Tem Roa
Pablo Rubio, City Clerk, announced a quorum.

PUBLIC COMMENTS GENERAL OR ITEMS ON OR OFF THE AGENDA Irene Zapata, Hawaiian Gardens Library Manager, spoke.

PROCLAMATIONS AND CERTIFICATES

1. 2026 ADMINISTRATOR OF THE YEAR AWARD WINNER: DENISE MACIAS, PRINCIPAL, FEDDE ACADEMY
Mayor Del Rio presented a certificate.

Denise Macias, Principal, Fedde Academy, spoke.

PRESENTATIONS

1. PRESENTATION FROM RECREATION DEPARTMENT WITH UPDATES REGARDING PARADE AND SELECTED PROGRAMS
Joe Jimenez, Recreation and Community Services Director, spoke.

Christian Rodriguez, Neighborhood Counselor, spoke.

EricLeonSpecialEventsCoordinatorspoke

CITY COUNCIL MINUTES

REGULAR MEETING
MARCH 11, 2026 Page 1
Mayor Del Rio presented a certificate.

Denise Macias, Principal, Fedde Academy, spoke.

PRESENTATIONS

1. PRESENTATION FROM RECREATION DEPARTMENT WITH UPDATES REGARDING PARADE AND SELECTED PROGRAMS
Joe Jimenez, Recreation and Community Services Director, spoke.

Christian Rodriguez, Neighborhood Counselor, spoke.

Eric Leon, Special Events Coordinator, spoke.

Juan Serrano, Recreation and Community Services Supervisor, spoke.

Joe Jimenez, Recreation and Community Services Director, spoke.

Mayor Del Rio spoke.

Councilmember Vargas spoke.

AGENDA ORGANIZATION
There were no changes to the Agenda Organization.

A. PUBLIC HEARING(S) / HEARING(s)

1. Recommendation to continue the Public Hearing for the Minor Use Permit (MUP) for a proposed boat sales business located at 12347 E. Carson Street, to the meeting of Wednesday, April 22, 2026.

SUGGESTED ACTION: Approve Recommendation.

A motion was made by Councilmember Farfan, seconded by Councilmember De Paula, to continue the Public Hearing to the City Council meeting of Wednesday, April 22, 2026.

The motion carried by the following vote:

AYES: 4; De Paula, Farfan, Vargas, Del Rio
NOES: 0;
ABSENT: 1; Roa
RECUSE: 0;
Motion carried: 4–0–1–0

2. Recommendation to continue the Public Hearing for the appeal of business license denial for Chavez Unlimited Construction, Inc., for property located at 12347 E. Carson Street, to the meeting of Wednesday, April 22, 2026.

SUGGESTED ACTION: Approve Recommendation.

A motion was made by Councilmember Farfan, seconded by Councilmember De Paula, to continue the Public Hearing to the City Council meeting of Wednesday, April 22, 2026.

The motion carried by the following vote:

AYES: 4; De Paula, Farfan, Vargas, Del Rio
NOES: 0;
ABSENT: 1; Roa
RECUSE: 0;

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of Wednesday, April 22, 2026.

SUGGESTED ACTION: Approve Recommendation.

A motion was made by Councilmember Farfan, seconded by Councilmember De Paula, to continue the Public Hearing to the City Council meeting of Wednesday, April 22, 2026.

The motion carried by the following vote:

AYES: 4; De Paula, Farfan, Vargas, Del Rio
NOES: 0;
ABSENT: 1; Roa
RECUSE: 0;
Motion carried: 4–0–1–0

3. Recommendation to continue the Public Hearing for the appeal of business license denial for Precision Roofing dba A Precision Construction, for property located at 12347 E. Carson Street, to the meeting of Wednesday, April 22, 2026.

SUGGESTED ACTION: Approve Recommendation.

A motion was made by Councilmember Farfan, seconded by Councilmember De Paula, to continue the Public Hearing to the City Council meeting of Wednesday, April 22, 2026.

The motion carried by the following vote:

AYES: 4; De Paula, Farfan, Vargas, Del Rio
NOES: 0;
ABSENT: 1; Roa
RECUSE: 0;
Motion carried: 4–0–1–0
B. CONSENT CALENDAR

1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA That the City Council waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.

SUGGESTED ACTION: Approve Recommendation.

A motion was made by Councilmember Farfan, seconded by Councilmember De Paula, to adopt the Consent Calendar as presented, in its entirety.

The motion carried by the following vote:

AYES: 4; De Paula, Farfan, Vargas, Del Rio
NOES: 0;
ABSENT: 1; Roa
RECUSE: 0;
Motion carried: 4–0–1–0

2. Recommendation to receive and file warrants processed during the period of February 14 to February 27, 2026.

SUGGESTED ACTION: Approve Recommendation.

A motion was made by Councilmember Farfan, seconded by Councilmember De Paula, to adopt the Consent Calendar as presented, in its entirety.

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NOES: 0;
ABSENT: 1; Roa
RECUSE: 0;
Motion carried: 4–0–1–0

2. Recommendation to receive and file warrants processed during the period of February 14 to February 27, 2026.

SUGGESTED ACTION: Approve Recommendation.

A motion was made by Councilmember Farfan, seconded by Councilmember De Paula, to adopt the Consent Calendar as presented, in its entirety.

The motion carried by the following vote:

AYES: 4; De Paula, Farfan, Vargas, Del Rio
NOES: 0;
ABSENT: 1; Roa
RECUSE: 0;
Motion carried: 4–0–1–0

3. Recommendation to declare cardio and strength equipment from fitness room as surplus and authorize City Manager to sell or dispose as necessary.

SUGGESTED ACTION: Approve Recommendation.

A motion was made by Councilmember Farfan, seconded by Councilmember De Paula, to adopt the Consent Calendar as presented, in its entirety.

The motion carried by the following vote:

AYES: 4; De Paula, Farfan, Vargas, Del Rio
NOES: 0;
ABSENT: 1; Roa
RECUSE: 0;
Motion carried: 4–0–1–0

4. Recommendation to authorize the City Manager to approve RAN Enterprises, Inc. proposal for the removal and replacement of two wallmounted Heating, Ventilation, and Air Conditioning (HVAC) units at the Teen Center.

SUGGESTED ACTION: Approve Recommendation.

A motion was made by Councilmember Farfan, seconded by Councilmember De Paula, to adopt the Consent Calendar as presented, in its entirety.

The motion carried by the following vote:

AYES: 4; De Paula, Farfan, Vargas, Del Rio
NOES: 0;
ABSENT: 1; Roa
RECUSE: 0;
Motion carried: 4–0–1–0

5. Recommendation to approve the minutes for the City Council meeting of Wednesday, February 25, 2026.

SUGGESTED ACTION: Approve Recommendation.

A motion was made by Councilmember Farfan, seconded by Councilmember De Paula, to adopt

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AYES: 4; De Paula, Farfan, Vargas, Del Rio
NOES: 0;
ABSENT: 1; Roa
RECUSE: 0;
Motion carried: 4–0–1–0

5. Recommendation to approve the minutes for the City Council meeting of Wednesday, February 25, 2026.

SUGGESTED ACTION: Approve Recommendation.

A motion was made by Councilmember Farfan, seconded by Councilmember De Paula, to adopt the Consent Calendar as presented, in its entirety.

The motion carried by the following vote:

AYES: 4; De Paula, Farfan, Vargas, Del Rio
NOES: 0;
ABSENT: 1; Roa
RECUSE: 0;
Motion carried: 4–0–1–0
C. DISCUSSION ITEM(S)

1. Recommendation to receive and file the Willdan Engineering updated traffic calming study for Claretta Avenue between 214th Street and 211th Street, and authorize staff to implement traffic calming measures and recommendations.

SUGGESTED ACTION: Approve Recommendation.

Neema Ghanbari, Public Works Manager, presented the staff report.

Councilmember Vargas spoke.

Mayor Del Rio spoke.

Councilmember Farfan spoke.

A motion was made by Councilmember Farfan, seconded by Councilmember De Paula, to approve recommendation to authorize staff to implement traffic calming measures and recommendations: 1) increase enforcement; 2) establish a Citywide speed hump policy; 3) update school crossing assembly signs for the uncontrolled crosswalk at Claretta Avenue and 213 Street; and 4) implement a pilot program installing rubber speed cushions along Claretta Avenue between 214 Street and 211 Street.

The motion carried by the following vote:

AYES: 4; De Paula, Farfan, Vargas, Del Rio
NOES: 0;
ABSENT: 1; Roa
RECUSE: 0;
Motion carried: 4–0–1–0

2. Recommendation to accept the construction improvements by Courtney Inc., for City Hall Roof Replacement, Project 118, and authorize the City Clerk to file the notice of completion.

SUGGESTED ACTION: Approve Recommendation.

Neema Ghanbari, Public Works Manager, presented the staff report. th
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AYES: 4; De Paula, Farfan, Vargas, Del Rio
NOES: 0;
ABSENT: 1; Roa
RECUSE: 0;
Motion carried: 4–0–1–0

2. Recommendation to accept the construction improvements by Courtney Inc., for City Hall Roof Replacement, Project 118, and authorize the City Clerk to file the notice of completion.

SUGGESTED ACTION: Approve Recommendation.

Neema Ghanbari, Public Works Manager, presented the staff report.

A motion was made by Councilmember Farfan, seconded by Councilmember De Paula, to approve recommendation.

The motion carried by the following vote:

AYES: 4; De Paula, Farfan, Vargas, Del Rio
NOES: 0;
ABSENT: 1; Roa
RECUSE: 0;
Motion carried: 4–0–1–0
D. NEW BUSINESS
There were no New Business items.

E. ORAL STAFF REPORT(S)
Joe Jimenez, Recreation and Community Services Director, announced the grand reopening of the gymnasium on March 14; and the Easter Egg Hunt on April 4.

Steve Gomez, Public Safety Director, announced that they will hold a Junior Safety Fair on March 20 and March 27.

Neema Ghanbari, Public Works Manager, announced that the Golden State Water Main Replacement project is scheduled to begin on March 23; that the Norwalk Boulevard Pedestrian Safety Enhancement Project is starting; and that Public Works staff began refreshing red curb markings.

Elise McCaleb, Community Development Director, announced that a grading permit was pulled for an 18unit housing project proposed on Hawaiian Ave.

Linda Hollinsworth, Finance Director, provided an ERP selection update; announced a Fee Study Workshop on March 19; and provided a YEP program update.

F. CITY ATTORNEY REPORT(S)
There were no City Attorney Reports.

G. ORAL COUNCIL REPORT(S)
Councilmember De Paula reported that he participated in the Community readaloud at Hawaiian Elementary School and Furgeson Elementary School.

Councilmember Vargas asked questions about the YEP program.

H. CLOSED SESSION

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F. CITY ATTORNEY REPORT(S)
There were no City Attorney Reports.

G. ORAL COUNCIL REPORT(S)
Councilmember De Paula reported that he participated in the Community readaloud at Hawaiian Elementary School and Furgeson Elementary School.

Councilmember Vargas asked questions about the YEP program.

H. CLOSED SESSION

1. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code section 54957.6
Agency designated representative: Ernesto Marquez, City Manager Employee Organizations: AFSCME Local 3624 Rank & File Unit Union Norma Tabares, City Attorney, read the Closed Session items into the record.

The City Council recessed to Closed Session at 7:04 PM.

The City Council reconvened from Closed Session at 7:10 PM.

Norma Tabares, City Attorney, conducted a roll call and announced a quorum.

Norma Tabares, City Attorney, reported out of Closed Session that an update was provided and no final action was taken.

I. ADJOURNMENT
The City Council adjourned the meeting at 7:11 PM to the next Regular City Council meeting to be held on Wednesday, March 25, 2026 at 6:00 PM.

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CITY OF HAWAIIAN GARDENS

CITY COUNCIL

STAFF REPORT
Agenda Item #C1
DATE: March 25, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Ernesto Marquez, City Manager
BY: Neema Ghanbari, M.S., P.E., Public Works Director
RECOMMENDATION:

RECOMMENDATION TO ADOPT RESOLUTION NO. 004-2026, IDENTIFYING THE

STREET IMPROVEMENTS PROJECT AND ADOPTING THE LIST OF PROJECTS FOR FISCAL YEAR 2026-27 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017

SUMMARY
On April 28, 2017, the Governor of California signed Senate Bill (SB 1), the Road Repair and Accountability Act of 2017, also known as the Road Maintenance and Rehabilitation Account (RMRA). SB-1 provides additional state funding to address basic road maintenance, rehabilitation, and critical safety needs on highways and local streets, which is funded by a per-gallon fuel tax and vehicle registration fees.

The City of Hawaiian Gardens is projected to receive $391,000 in SB-1 funds in Fiscal Year (FY) 2026-27 that can be used for the FY 2026-27 Street Improvements Project.

In order to be eligible for the Local Streets and Roads Fiscal Year 2026-27 program apportionments, cities and counties must submit an adopted list of projects to the California Transportation Commission (CTC) pursuant to Streets and Highways Code (SHC) section 2034(a).

The FY 2026-27 Residential Street Improvements Project is funded by a combination of CDBG, Measure R, and Measure M funds and it is estimated to receive an additional $391,000 from SB-1 funds in Fiscal Year 2026-27. Pursuant to Streets and Highways Code (SHC) Section 2034, prior to receiving an apportionment of funds, each city or county is required to have identified RMRA eligible capital projects in a budget adopted by the City Council. In order for the City to receive said RMRA funding for FY 2026-27, Agenda Item #C1
March 25, 2026

Page 2 ends

the City Council must adopt a Resolution. Additionally, each City must submit a list of proposed street repairs to the California Transportation Commission (CTC) before the deadline of July 1, 2026.

SB-1 includes a Maintenance of Effort (MOE) requirement for local funds contributed to street and road repairs to help ensure the new funding augments existing budgets for road repairs. Specifically, it requires each city to spend no less than the annual average from its general fund during FY 2010 through FY 2012. The City’s established MOE for using the RMRA funding is $224,819.00. This average annual expenditure amount is the base-year match requirement that the City must meet annually in order to receive any RMRA fund allocations.

Staff is proposing to apply $390,000 of SB-1 funds to the FY 2026-27 Street Improvements Project and identify the Project as an RMRA eligible project.

The following streets were selected as part of the Pavement Management Program adopted by the City Council on February 12, 2025, and have been identified as eligible for SB-1, CDBG, Measure R, and Measure M funding for the FY 2026-27 Residential Street Rehabilitation Project:

1. 211th Street from Norwalk Boulevard to Claretta Avenue

2. 212th Street from Norwalk Boulevard to Claretta Avenue

3. 213th Street from Norwalk Boulevard to Claretta Avenue

4. 214th Street from Norwalk Boulevard to Claretta Avenue

5. 215th Street from Norwalk Boulevard to Belshire Avenue

6. 216th Street from Norwalk Boulevard to Belshire Avenue

7. Tilbury Street from Norwalk Boulevard to Belshire Avenue

8. Claretta Avenue from 211th Street to 214th Street

9. Belshire Avenue from 214th Street to Carson Street

FISCAL IMPACT
The estimated cost of design, construction, inspection, and administration for the FY 2026-27 Street Improvements Project is $1,200,000. The total combined budget for the project will be $1,260,000 as follows:

Item Fund Budget

1. CDBG $126,000

2. Measure M $300,000

3. Measure R $220,000

4. SB-1 $390,000

5. General Fund MOE/SB1 $224,000
Total $1,260,000
Agenda Item #C1
March 25, 2026

Page 3 ends

SUGGESTED ACTION
Approve Recommendation.

ATTACHMENTS
A. Resolution No.004-2026
B. Project Location Map

CITY OF HAWAIIAN GARDENS
RESOLUTION NO. 004-2026

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HAWAIIAN GARDENS, COUNTY OF LOS ANGELES, STATE OF

CALIFORNIA, IDENTIFYING THE STREET IMPROVEMENT

PROJECTS AND ADOPTING THE LIST OF PROJECTS FOR FISCAL
YEAR 2026-27 FUNDED BY SB 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Hawaiian Gardens are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City of Hawaiian Gardens must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City of Hawaiian Gardens will receive an estimated $391,000 in RMRA funding in Fiscal Year 2026-27 from SB 1; and
WHEREAS, this is the tenth year in which the City of Hawaiian Gardens is receiving SB 1 funding and will enable the City of Hawaiian Gardens to continue essential road maintenance and rehabilitation projects that would not have otherwise been possible without SB 1; and
WHEREAS, the City of Hawaiian Gardens has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City of Hawaiian Gardens used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most highpriority and cost-effective projects that also meet the community's priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the City of Hawaiian Gardens maintain and rehabilitate various streets and transportation infrastructure throughout the City this year and similar projects into the future; and
Attachment A
WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an “excellent/good” condition and this revenue will help maintain the overall quality of our road system, and over the next decade; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HAWAIIAN GARDENS AS FOLLOWS:

Section 1. The foregoing recitals are true and correct and incorporated herein by this reference.

Section 2. The City of Hawaiian Gardens has adopted the FY 2026-27 Street Improvements Project list as an eligible RMRA capital project.

Section 3. The Fiscal Year 2026-27 list of projects planned to be funded in-part or solely with FY 2026-27 Road Maintenance and Rehabilitation Account revenues:
• Project Name: FY 2026-27 Residential Street Rehabilitation Project • Description: This project proposes to slurry seal and/or overlay various streets. • The project’s scope of work includes cold milling existing Asphalt Concrete (AC); overlaying the full street width with Asphalt Rubber Hot Mix (ARHM); crack sealing; removing and replacing damaged curbs and gutters, sidewalks, and driveway approaches; installing new ADA-compliant curb ramps; Refreshing and replacing traffic striping and markings; and replacing vehicle detector loops. • Location:
1- 211th Street from Norwalk Boulevard to Claretta Avenue 2- 212th Street from Norwalk Boulevard to Claretta Avenue 3- 213th Street from Norwalk Boulevard to Claretta Avenue 4- 214th Street from Norwalk Boulevard to Claretta Avenue 5- 215th Street from Norwalk Boulevard to Belshire Avenue 6- 216th Street from Norwalk Boulevard to Belshire Avenue 7- Tilbury Street from Norwalk Boulevard to Belshire Avenue 8- Claretta Avenue from 211th Street to 214th Street
9- Belshire Avenue from 214th Street to Carson Street
• Estimated Project Schedule:

Solicit Bids: January 2027
Award Contract: February 2027
Begin Construction: March 2027
Complete Construction: May 2027
Project Acceptance: June 2027
• Estimated Useful Life of Project:

Slurry Seal: 5-7 Years
Overlay: 12-15 years
• Year of Construction: Fiscal Year 2026-27
Section 4. The Public Works Director is hereby authorized to undertake such acts as necessary to carry out this Resolution.

Section 5. The Mayor or his presiding officer is hereby authorized to affix his/her signature to this resolution signifying its passage and adoption by the City Council of the City of Hawaiian Gardens.

Section 6. The City Clerk or designee shall attest and certify to the adoption of the Resolution and shall cause this Resolution and certification to be entered into the Book of Resolutions of the City of Hawaiian Gardens.

PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF HAWAIIAN GARDENS ON THIS 25TH DAY OF MARCH 2026.

CITY OF HAWAIIAN GARDENS
ATTEST: MARIA TERESA DEL RIO
MAYOR

PABLO RUBIO

CITY CLERK
ATTACHMENT B: PROJECT LOCATION MAP
FY 2026-27 RESIDENTIAL STREET REHABILITATION, PROJECT 126

Hawaiian Gardens City CouncilMarch 25, 2026

Hawaiian Gardens City Council
March 25, 2026