BACKGROUND
At the April 6, 2021, meeting, the City Council approved an award of contract with 21 engineering firms to provide on-call engineering services for various disciplines. The term for the Professional Services Agreement was four (4) years and will expire on April 6, 2025. At this time, staff is requesting City Council authorization to advertise a Request for Proposals (RFP) to provide Engineering services on an as-needed basis to establish a new bench list of on-call firms. The proposed term for the Professional Services Agreement will be four (4) years. With one (1) additional one-year terms.
Additionally, staff is recommending extending the On-Call Professional Engineering Services Contract Agreements with the following four firms on the current bench list:
1) Southstar Engineering and Consulting, Inc.; 2) JMDiaz, Inc.; 3) NV5, Inc.; and 4) RMA International Landscape Architecture. These agreements are set to expire on April 6, 2025 per the original agreement. These firms are currently working on task orders that are not complete and the extension will allow the completion of the active task orders without disrupting ongoing project schedules. The extension also allows time for the RFP process to be completed establishing a new bench list of firms.
ANALYSIS
N/A
ENVIRONMENTAL
N/A
DISCUSSION
The On-Call Professional Engineering services RFP is intended for multiple consultants to submit proposals providing a broad range of professional engineering services. These services will augment Public Works/ Engineering Division staff by assisting with project engineering, architectural and landscape design, construction management and inspections, and project management and administration required to implement the approved Capital Improvement Program.
SUMMARY/NEXT STEPS
Upon the approval of the recommended actions by the City Council, staff will advertise the On-Call Professional Engineering Services RFP and return at a later date with recommendations for contract awards to the selected firms.
CITY COUNCIL AGENDA REPORT – MEETING OF MARCH 18, 2025
On-Call Professional Engineering Services-Authorization to Advertise Request For Proposals
ATTACHMENTS:
A. On-Call Professional Engineering Services RFP
B. Amendment Number 1 (Southstar)
C. Amendment Number 1 (JMDiaz)
D. Amendment Number 1 (NV5)
E. Amendment Number 1 (RMA)
ITEM STATUS:
APPROVED: ☐
DENIED: ☐
TABLED: ☐
DIRECTION GIVEN: ☐
RFP 2025-02 On-Call Profession Engineering Services
1 REQUEST FOR PROPOSALS
ON-CALL PROFESSIONAL ENGINEERING SERVICES
The City of Santa Fe Springs (AGENCY) is requesting Request for Proposals (RFP) from qualified Engineering firms (Consultant) to provide On-Call Professional Engineering Services for various disciplines including civil engineering, structural engineering, mechanical engineering, water engineering, (hydraulic and water process engineering), electrical and controls engineering, architectural design, landscape design, traffic engineering, surveying and mapping Services. A single consultant is not expected to be able to provide all the services and disciplines previously mentioned. Firms interested in one or more services are encouraged to submit a proposal. Consultant will provide a broad range of professional engineering services in support of and in close coordination with the Public Works/Engineering Division staff. These services will be provided on an as-needed basis through a Request for Quote for each specific project.
It is the intent of the AGENCY to enter into a Professional Services Agreement with the Consultant for these services. The term of the Professional Services Agreement will be four (4) years. The AGENCY invites RFP from professional Engineering firms and will receive such proposals electronically ONLY thru PlanetBids at https://pbsystem.planetbids.com/portal/65093/portalhome by no later than , at 2 PM PDT on Tuesday, April 22, 2025. The bid results will be available for viewing on PlanetBids shortly after the closing date. The AGENCY reserves the right to reject any or all RFP, to waive any irregularity in any RFP received, and to be the sole judge of the merits of the RFP received, and to take all RFP under advisement for a period of 60 days. The AGENCY will enter into a Professional Services Agreement with Consultant whose RFP best meet the requirements of the Scope of Work as determined by the AGENCY. The RFP submitted by the selected Consultant shall be incorporated as part of the respective Professional Services Agreement. All questions regarding this bid must be submitted in writing via the City’s PlanetBids Portal. To submit questions regarding this bid, please visit the City’s PlanetBids, locate the associated solicitation, and click the “Q&A” tab. Responses to questions will be posted in an Addendum shortly after the period for receiving questions has passed.
CITY OF SANTA FE SPRINGS
ON-CALL PROFESSIONAL
ENGINEERING SERVICES
REQUEST FOR PROPOSALS
Deadline for Submission: April 22, 2025 – 3:00 PM
DEPARTMENT OF PUBLIC WORKS
INQUIRIES REGARDING THIS PROJECT MAY BE DIRECTED TO:
James Enriquez, P.E.,
Director of Public Works / City Engineer
11710 Telegraph Road
Santa Fe Springs, CA 90670
Phone: (562) 868-0511
[email protected]
RFP 2025-02 On-Call Profession Engineering Services
2 INSTRUCTIONS REQUEST FOR PROPOSALS
1. PROPOSED SCHEDULE
DESCRIPTION DATE/TIME
Request for RFP Released Monday, March 25, 2025Deadline to Submit Questions Tuesday, April 15, 2025 – 2:00 PMDeadline to Receive RFP Tuesday, April 22, 2025 – 2:00 PM The AGENCY reserves the right to modify any element of the timeline should that become necessary.
2. PRE-SUBMITTAL MEETING
No Pre-Submittal Meeting has been scheduled for this project.
3. SUBMISSION OF RFP
All Consultants for this solicitation must register on PlanetBids at https://vendors.planetbids.com/portal/65093/portal-home. Only those Consultants registered for this solicitation through the City’s website will receive automatic notifications when any update to this solicitation is made. The City does not have an obligation to notify any Consultant other than through the PlanetBids notification system. To be considered, the City must receive the RFP electronically ONLY thru PlanetBids at https://vendors.planetbids.com/portal/65093/portal-home by no later than , at 2 PM PDT on Tuesday, April 22, 2025. RFP and amendments to the RFP, received after the date and time specified above will not be accepted.
4. DISSEMINATION OF REQUEST FOR PROPOSALS (RFP) INFORMATION From time to time, the AGENCY may issue responses to requests for clarifications, questions, comments, and addenda to this RFP, or other material related to this solicitation. By submitting an RFP, Consultant is deemed to have knowledge and notice of all information pertaining to this RFP.
5. ADDENDA TO THE RFP
Any change(s) to the requirements of this RFP initiated by the AGENCY will be made via PlanetBids at the link above. Addenda issued pertaining to this RFP shall be incorporated into and made a part of the terms and conditions of any resulting Agreement. The AGENCY will not be bound to any modifications to, or deviations from the requirements set forth in this RFP unless they have been documented by addenda to this RFP.
6. QUESTIONS AND REQUESTS FOR CLARIFICATIONS
All questions and requests for clarification regarding this RFP must be submitted via the City’s PlanetBids Portal by no later than by 3:00 p.m. on Tuesday April 15, 2025. To submit questions regarding this RFP, please visit the City’s PlanetBids, locate the RFP 2025-02 On-Call Profession Engineering Services
3 associated solicitation, and click the “Q&A” tab. Responses to questions will be posted in an Addendum shortly after the period for receiving questions has passed. Requests for clarifications, questions and comments received after 3:00 p.m. on Tuesday April 15, 2021, will not be responded to. The AGENCY, in its sole discretion, will respond to requests for clarifications, questions and comments
7. COST OF RFP PREPARATION
Any party responding to this RFP shall do so at their own risk and cost. The AGENCY shall not, under any circumstances, be liable for any pre-contractual expenses incurred by any Consultant who elects to submit an RFP in response to this RFP or by any Consultant that is selected for Professional Services Agreement. Pre-Agreement expenses are defined as expenses incurred by Consultants in: • Preparing an RFP and related information in response to this RFP; • Submitting an RFP to the AGENCY; • Negotiations with the AGENCY on any matter related to this RFP; • Costs associated with interviews, meetings, travel or presentations; or • Any and all other expenses incurred by a Consultant prior to the date of award, if any, of a Professional Services Agreement
The AGENCY will provide only the staff assistance and documentation specifically referred to herein and will not be responsible for any other cost or obligation of any kind, which may be incurred by the Consultant.
8. CONFLICT OF INTEREST
By responding to this RFP, each Consultant represents to the best of its knowledge that:
• Neither Consultant, nor any of its affiliates, proposed subconsultants, and associated staff, have communicated with any member of the AGENCY since the release of this RFP on any matter related to this RFP except to the extent specified in this RFP; • Neither Consultant, nor any of its affiliates, proposed subconsultants and associated staff, has obtained or used any information regarding this RFP and the proposed Scope of Work that has not been generally available to all Consultants, and • No conflict of interest exists under any applicable statute or regulation or as a result of any past or current contractual relationship with the AGENCY; • Neither Consultant, nor any of its affiliates, proposed subconsultants, or associated staff, have any financial interest in any property that will be affected by any of the potential Agency projects.
RFP 2025-02 On-Call Profession Engineering Services
4 9. KEY PERSONNEL
It is imperative that key personnel proposed to provide services have the background, experience and qualifications to properly undertake all necessary services for the successful completion of the Scope of Work. The Consultant must identify all proposed key personnel in its Proposal.
The AGENCY reserves the right to approve all key personnel individually for any and all projects authorized by the AGENCY as a result of this solicitation. After a Professional Services Agreement has been executed, Consultant may not replace any key staff without written approval from the AGENCY. The AGENCY must approve replacement staff before a substitute person is assigned to a project. The AGENCY reserves the right to require the Consultant to replace a staff person assigned to the contract should the AGENCY consider replacement to be for the good of the project. Replacement staff will be subject to the AGENCY’s approval prior to assignment by Consultant.
10. BASIS FOR AWARD OF CONTRACT
The AGENCY intends to select the Consultant on the basis of demonstrated competence and professional qualifications in accordance with applicable State and Federal regulations. To that end, a Professional Services Agreement will be awarded to the Consultant whose RFP best meet the requirements of the Scope of Work as determined by the AGENCY. The RFP submitted by Consultant shall be incorporated as part of the respective Professional Services Agreement. City reserves the right to select more than one firm to provide On-call Professional Engineering Services. The City anticipates awarding multiple consultants an award of contract.
11. TERM OF AGREEMENT
It is the AGENCY’s intent to enter into a Professional Services Agreement (sample attached to this RFP) with the selected Consultant for a four (4) year term with an optional one (1) year term.
The AGENCY will compensate the Consultant for actual hours worked by assigned personnel on a monthly basis. For each approved project quote, the consultant will provide an invoice clearly documenting the services performed each day and the number of hours worked. Compensation will be based on the Schedule of Hourly rates.
12. REQUIRED FORMAT FOR PROPOSALS
The AGENCY is requiring all proposals submitted in response to this RFP to follow a specific format. The Proposal, including the Appendices, shall not exceed thirty (30) pages in length, utilizing 8.5" x 11" pages with one-inch margins. As an exception, 11" x 17" pages may be used to display organizational charts. Font size shall not be smaller than 12 point for text or eight (8) point for graphics.
Consultants are required to prepare their written proposals in accordance with the instructions outlined below. Deviations from these instructions may be construed as nonresponsive and may be cause for disqualification. Emphasis should be placed on accuracy, RFP 2025-02 On-Call Profession Engineering Services
5 completeness, and clarity of content. The written proposal should be organized as described below. Each section of the written proposal should contain the title of that section, with the response following the title. The following are the required titles with a brief statement as to that section’s desired content: A. Letter of Offer The Letter of Offer shall be addressed to James Enriquez, Director of Public Works / City Engineer, City of Santa Fe Springs, and at a minimum, must contain the following:
• Identification of Consulting firm or individual, including name, address and telephone number.
• Name, title, address, and telephone number of Contact Person. • Federal Tax ID or Social Security No. for firm or individual. • A statement to the effect that the Proposal shall remain valid for a period of not less than 90 calendar days from the date of submittal.
• Identification of all proposed sub-consultants or subcontractors, including legal name of the company, address and contact person.
• Acknowledgement that Consultant is obligated by all addenda to this RFP. • Signature of a person authorized to bind Consulting firm to the terms of the RFP.
• Signed statement attesting that all information submitted with the Proposal is true and correct.
B. Qualifications of the Firm
This section of the Proposal shall explain the ability of the Consultant to satisfactorily perform the Scope of Work. More specifically, in this section, the Consultant shall: • Provide a profile of the Consultant including the types of services offered; the year founded; form of organization (corporate, partnership, sole proprietorship); number, size and location of offices; number of employees. • Provide a detailed description of Consultant’s financial condition, including any conditions (e.g., bankruptcy, pending litigation, outstanding claims more than twenty-five thousand dollars ($25,000) for or against the firm; planned office closures or mergers that may impede Consultant’s ability to provide on-call engineering and professional consulting services. • Provide a list of previous projects in which the Consultant and subconsultants have worked together. The list should clearly identify the previous projects and include a summary of the roles and responsibilities of each party. • Provide information on the strength and stability of the Consultant; current staffing capability and availability; current workload; and proven record of RFP 2025-02 On-Call Profession Engineering Services
6 meeting schedules on similar types of projects.
C. Proposed Staffing
This section should identify key personnel to be assigned and their qualifications and experience. The Proposal should include brief resumes, not more than two (2) pages per individual.
A statement that key personnel will be available to the extent proposed for the duration of the Professional Services Agreement and an acknowledgement that no person assigned to a project shall be removed or replaced without the prior written concurrence of the AGENCY.
D. Consultants and/or Sub-consultants
The AGENCY desires to enter into a Professional Services Agreement with a Consultant that will be responsible for all work, products, and services. There is to be no assignment of any aspect of assigned projects without the prior written authorization of the AGENCY. If the Consultant plans on using subcontractors, then company profile, name, address, and telephone for all subcontractors providing support during the term of the Professional Service Agreement is required. Define the responsibilities and give a description of services to be provided by subcontractors. Describe the Consultant’s business and reporting relationship with any subcontractors. Include references and resumes for all thirdparty Firms in the RFP. The AGENCY has the right to accept or reject any changes made to the proposed project team members, including the use of subcontractors.
E. Work Approach
This section of the Proposal shall include a narrative that addresses the Scope of Work and demonstrates that Consultant understands the Scope of Work. More specifically, the RFP should include the Consultant’s general approach for providing the services specified in the Scope of Work. The work approach shall be of sufficient detail to demonstrate Consultant’s ability to accomplish the on-call Engineering services requests by AGENCY.
F. Client References
List the three (3) most recent similar clients (including name, address, contact person, and phone number). For each client provide a description of projects completed and their location. The AGENCY is most interested in California municipality clients and may randomly select agencies to contact from the list as part of the evaluation process.
G. Rights to Materials
All responses, inquiries, and correspondence relating to this RFP and all reports, charts, displays, schedules, exhibits, and other documentation produced by the Consultant that are submitted as part of the RFP and not withdrawn shall, upon RFP 2025-02 On-Call Profession Engineering Services
7 receipt by AGENCY, become property of AGENCY.
H. Schedule of Hourly Rates
The RFP shall include a Schedule of Hourly Rates that identifies the job titles of all personnel to be assigned to the AGENCY projects. Hourly rates will reflect all costs for office overhead, including direct and indirect costs. The Schedule of Hourly Rates shall remain fixed for the term of the Professional Services Agreement.
13. RFP EVALUATION PROCESS AND CRITERIA
A. GENERAL
The RFP will be evaluated based on the information and qualifications presented, reference checks, and other information, which may be gathered independently. Requests for clarification and/or additional information from any Consultant may be requested at any point in the evaluation process. Pricing (hourly rates) will be an important criterion; however, the AGENCY reserves the right to select a firm that presents the best qualifications, but not necessarily the lowest price.
B. EVALUATION CRITERIA
1. Completeness of RFP. 2. Consultant and key personnel’s experience in performing similar work. 3. Consultant and key personnel’s record in accomplishing work assignment for projects.
4. Consultant’s demonstrated understanding of the Scope of Work. 5. Quality of work previously performed by the firm as verified by reference checks.
6. Relevant project experience. 7. Schedule of Hourly Rates.
C. EVALUATION PROCESS
After evaluating all RFP received, the AGENCY will rank the firms, and the most qualified firms will be invited to an interview, if necessary, with the AGENCY evaluation committee.
D. INTERVIEW
For the interview, if necessary, the Consultant should have available the project manager and key personnel to discuss the following: 1. Major elements of the RFP 2. Description of related experience for Consultant 3. Description of related experience for key personnel RFP 2025-02 On-Call Profession Engineering Services
8 E. FINAL SELECTION
The final selection will be the Consultant which, as determined by the AGENCY, is the most responsive and responsible, meets the AGENCY’s requirements in providing On-Call Engineering Services, and is in the AGENCY’s best interest.
The AGENCY maintains the sole and exclusive right to evaluate the merits of the RFP received.
14. EXCEPTIONS OR ADDITIONS
The RFP shall include a detailed description of all the exceptions to the provisions and conditions of this RFP upon which the Consultant’s submittal is contingent and which shall take precedence over this RFP.
15. INSURANCE REQUIREMENTS
Prior to executing a Professional Services Agreement, the Consultant will be required to submit to the City the required insurance certificates.
The Consultant shall indemnify and hold AGENCY and its officers, agents, employees, and assigns harmless from any liability imposed for injury whether arising before or after completion of work hereunder or in any manner directly or indirectly caused, occasioned, or contributed to, or claims to be caused, occasioned, or contributed to, in whole or in part, by reason of any act or omission, including strict liability or negligence of Consultant, or of anyone acting under Consultant’s direction or control or on its behalf, in connection with, or incident to, or arising out of the performance of the Professional Services Agreement. The Consultant selected will be required to maintain the following levels of insurance coverage for the duration of the services provided, as well as any sub-consultants hired by the Consultant: • Worker’s Compensation insurance with statutory limits, and employer’s liability insurance with limits not less than $1,000,000 per accident • Commercial general liability insurance or equivalent form, with a combined single limit of not less than $2,000,000 per occurrence
• Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. • Professional liability (errors and omissions) insurance, with a combined single limit of not less than $2,000,000 per occurrence.
16. RIGHTS OF THE AGENCY
The AGENCY reserves the right, in its sole discretion and without prior notice, to terminate this RFP; to issue subsequent RFPs; to procure any project-related service by other means; RFP 2025-02 On-Call Profession Engineering Services
9 to modify the Scope of Work; to modify the AGENCY’s obligations or selection criteria; or take other actions needed to meet the AGENCY’s goals. In addition, the AGENCY reserves the following rights: • The right to accept or reject any, and all RFP, or any item or part thereof, or to waive any informalities or irregularities in any RFP.
• The right to amend, withdraw or cancel this RFP at any time without prior notice. • The right to request or obtain additional information about any, and all RFP. • The right to conduct a back-ground checks of any Consultant. This may include, but is not limited to, contacting individuals and organizations regarding capabilities and experience of the Consultant. • The right to waive minor discrepancies, informalities and/or irregularities in the RFP or in the requirements for submission of an RFP.
• The right to modify the response requirements for this RFP. This may include a requirement to submit additional information; an extension of the due date for submittals; and modification of any part of this RFP, including timing of RFP decisions and the schedule. • The right to disqualify any Consultant on the basis of real or perceived conflict of interest that is disclosed or revealed by information available to the AGENCY. • The right at any time, subject only to restrictions imposed by a written contractual agreement, to terminate negotiations with any Consultant and to negotiate with other Consultants who are deemed qualified. • Although cost is an important factor in deciding which Consultant will be selected, it is only one of the criteria used to evaluate RFP. The AGENCY reserves the absolute right, in its sole discretion, to award a Professional Services Agreement, if any, which under all the circumstances will best serve the public interest. • The AGENCY reserves the right to reject any or all RFP or to make no award at all, to determine whether any alternate RFP are equal to the specifications and general requirements, and to accept RFP with minor variations from the RFP and/or conditions. The AGENCY reserves the right to negotiate for a higher level, lower level or additional Scope of Work.
This RFP is not a contract or commitment of any kind by the AGENCY. This RFP does not commit the AGENCY to enter into negotiations with any Consultant and the AGENCY makes no representations that any Professional Services Agreement will be awarded to any Consultant that responds to this RFP. RFP received by the AGENCY are public information and will be made available to any person upon request after the AGENCY has completed the RFP evaluation process. Submitted RFP are not to be copyrighted.
Should a Professional Services Agreement be subsequently entered into between the AGENCY and Consultant, it shall be noted that entering into such an Agreement shall be interpreted, construed, and given effect in all respects according to the laws of the State of California.
RFP 2025-02 On-Call Profession Engineering Services
10 Waiver of RFP RFP may be withdrawn by submitting written notice to the AGENCY’s Contact Person at any time prior to the submittal deadline. Upon submission, the RFP and all collateral material shall become the property of the AGENCY.
17. CALIFORNIA PUBLIC RECORDS ACT DISCLOSURES
The Consultant acknowledges that all information submitted in response to this RFP is subject to public inspection under the California Public Records Act unless exempted by law. If the Consultant believes any information submitted should be protected from such disclosure due to its confidential, proprietary nature or other reasons, it must identify such information and the basis for the belief in its disclosure. Any RFP submitted with a blanket statement or limitation that would prohibit or limit such public inspection shall be considered non-responsive and shall be rejected. Notwithstanding that disclaimer, it is the intention of the AGENCY to keep all submittals confidential until such time as negotiations are successfully concluded.
SCOPE OF SERVICES
REQUEST FOR PROPOSALS
ON-CALL PROFESSIONAL ENGINEERING SERVICES
Provide a broad range of professional Engineering services in support of and in close coordination with the Public Works/Engineering Division staff. These services will be provided on an as-needed basis through a Request for Quote basis for each specific project.
A. ENGINEERING
Consultant must be well versed in all aspects of design/engineering/surveying and administration including, but not limited to project controls (estimating, cost and schedule), planning, quality assurance/quality control (QA/QC), change control and risk management.
Knowledge and understanding of the latest version of American Public Works Association’s Green Book, Construction Specification Institute Codes, as well as the standard plans and specifications of Caltrans and the City of Santa Fe Springs.
Consultant shall provide experienced personnel, equipment, and facilities to perform the following tasks: 1. Preparation of plan, specification and estimate (PS&E) packages for capital improvement projects (streets, storm drain, sewer and water).
2. Preparation of various studies and supporting documentation including hydrology and hydraulic analysis.
3. Preparation and review of National Pollutant Discharge Elimination System (NPDES) reports, Water Quality Management Plans (WQMP) and Storm Water Pollution Prevention Plans (SWPPP).
4. Construction support. 5. Provide record drawings.
B. STRUCTURAL ENGINEERING
Consultant must be registered in the State of California as a professional Structural Engineer for work requiring a structural engineer’s seal. Consultant shall provide experienced personnel, equipment, and facilities to perform the following tasks:
1. Assess structural stability and load bearing capacity of existing structures including areas proposed to be modified or used for additional loads.
2. Provide structural design for new structures or modifications of existing structures.
3. Provide alternative structural layouts or options that can be applied to project requirements.
4. Provide technical memorandum on assessments of structures. 5. Provide complex structural analyses using computer programs for complex projects.
6. Provide technical specification for selection of materials and methods. 7. Provide seismic and wind design review of existing structures. 8. Provide detail design of foundation, floor plan, roofing, and framing for operation, maintenance, and office buildings.
9. Participate in critical review and value engineering of structural design completed by other engineering professionals.
10. Prepare construction cost estimates. 11. Provide structural engineering support during construction of projects.
12. Provide record drawings. 13. Provide plan check services when requested.
C. ENGINEERING STAFF AUGMENTATION
Consultant will provide on-call services to augment Engineering Staff with program management activities related to the AGENCY’s Capital Improvement Plan (CIP) and include: 1. Perform Plan Check. 2. Prepare Grant Applications. 3. Prepare City Council reports. 4. Consultant contract management. 5. Issue Public Works Permits (Construction, Excavation and Encroachment) 6. Administration of Public Works contracts including:
a. Prepare and process RFP’s, addendums and related documents; b. Coordinate vendor solicitations;
c. Organize pre-bid conferences; d. Evaluate proposals; e. Perform reference checks and prepare recommendations for contract award; Organize and participate in project progress meetings, including preparation and distribution of minutes;
f. Coordinate and schedule required inspections, surveys and geotechnical tests;
g. Monitor and update project schedules; h. Obtain all necessary permits; i. Ensure compliance with project standards and specifications, including California Construction law in labor compliance and Disadvantage Business Enterprise (DBE) requirements; j. Track project progress, Requests for Information (RFI), submittal reviews,progress payments, change orders, punch lists, warranty issues and contractor claims; k. Research and prepare final reports to support billings to funding agencies; l. Maintain detailed project files and prepare project status reports; m. Review and process consultant, contractor and vendor invoices for payment.
7. Plan Check Development Plans.
a. Generate conditions
D. CONSTRUCTION MANAGEMENT AND INSPECTION
Consultant shall provide Resident Engineer and Inspection services on CIP projects, including street and highway improvements, building construction and renovation, park improvements, underground construction (water, sewer and storm drain) projects and public works maintenance projects. Consultant shall provide experienced personnel, equipment, and facilities to perform the following tasks:
1. Full-time inspection of construction activities; 2. Prepare daily project documentation (daily report and digital photos); 3. Monitor contractor’s daily labor force for compliance with state labor laws; 4. Inspect traffic control procedures (monitor Traffic Control Plan); 5. Conduct progress meetings and prepare meeting minutes; 6. Coordinate with agencies and stakeholders; 7. Monitor project schedule; 8. Verify quantities and assure quality control; 9. Monitor construction project site safety; 10. Maintain complete and accurate project records, including but not limited to:
a. Monthly progress pay reports;
b. Extra work reports;
c. Contract change orders; d. Labor and equipment records; e. Correspondence records; f. Verify Storm Water Pollution Prevention Plan; g. Process submittal of RFIs, weekly statement of working days, change orders and progress payments;
h. Monitor punch lists and as-builts;
i. Ensure that materials and completed work comply with plans, specifications and design;
j. Ensure that maintenance of project records comply with funding agency requirements;
k. Ensure performance of all safety-related activities; l. Implement security procedures as required by the project; m. Coordinate survey and material testing; n. Process control documents, submittals, RFIs, weekly statement of working days, change orders, progress payments, work change directives, daily construction reports; o. Ensure compliance with MS4 Permit - National Pollutant Discharge Elimination System (NPDES) permit program, and Caltrans encroachment permit requirements, if required;
p. Prepare and process project closeout.
E. PROFESSIONAL ARCHITECTURALSERVICES
Consultant shall provide a California licensed Architect to provide a full complement of professional architectural services, including but not limited to:
1. Evaluating zoning and related statutory requirements for project sites. 2. Preliminary design services. 3. Preparing preliminary cost estimates. 4. Preparing final design services. 5. Preparation of plans and specifications for construction bidding. 6. Prepare final cost estimate. 7. Assist with bidding process. 8. Assist with construction management, including responding to RFIs. 9. Assist with selection and procurement of furniture, fixtures and equipment as required.
F. LANDSCAPE ARCHITECTURAL DESIGNSERVICES
Consultant shall provide landscape architectural design services, including but not limited to: 1. Landscape and hardscape concept design; 2. Planting and soil preparation specifications; 3. Irrigation design and specifications; 4. Finish grading and surface drainage specifications; 5. Lighting design and fixture selection and location; 6. Cost estimating;
7. Preparation of final plans and specifications for bidding;
8. Construction observation and respond to RFIs. 9. Approve samples of landscaping and related materials.
G. SURVEYING AND MAPPING SERVICES
Services performed under the Survey category may include, but not limited to boundary surveys, road alignment surveys, topographic surveys for design of city road and structure projects, construction surveys for city roads and structure projects, mapping/CAD services, and GIS mapping surveys. Services mays also include preparation of easement documents (dedication, vacation and quitclaim), title record research, centerlines and legal descriptions.
H. WATER ENGINEER
Consultants must be well versed in all aspects of water design/engineering and administration including, but not limited to Project Controls (Estimating, Cost and Schedule), Planning, Quality Assurance/Quality Control (QA/QC), Change Control and Risk Management. The Consultant must have experience with the provision of clean water, disposal of wastewater and sewage, and the prevention of flood damage, in addition to the design of new water main systems, reservoirs, pump stations, water wells and structures that control water resources.
SAMPLE PROFESSIONAL SERVICES
AGREEMENT
Contract No. [insert contract number]
1 2025
PROFESSIONAL SERVICES AGREEMENT
(Engagement: On-Call Professional Engineering Services
(Parties: VARIOUS and City of Santa Fe Springs)
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this 18th day of March 2025 (hereinafter, the “Effective Date”) by and between the CITY OF SANTA FE SPRINGS, a municipal corporation (hereinafter, “CITY”) and INSERT CONSULTANT NAME (hereinafter, “CONSULTANT”). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.
RECITALS
WHEREAS, CITY requires INSERT THE KIND OF ON-CALL SERVICES REQUIRED; and WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and [INSERT ADDITIONAL RECITALS AS WARRANTED] WHEREAS, this Agreement was approved by the City Manager Mayor, pursuant to his/her authority under Section 34.21(B) of the Santa Fe Springs Municipal Code. OR IF OVER $XXXXX: the execution of this Agreement was approved by the Santa Fe Springs City Council at its Regular Meeting of April 6, 2021, under Agenda Item No. 13. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:
I.
ENGAGEMENT TERMS
1.1 TERM: This Agreement shall have a term commencing from the Effective Date through MM, DD 202X (hereinafter, the “Term”). OR: This Agreement shall have a term of [NUMBER] (DIGIT)] years, (hereinafter, the “Term”), commencing from the Effective Date. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination), below. OPTIONAL TERM EXTENSION LANGUAGE: The Term may be extended for XX one-year periods at the option of the CITY, provided that CITY provides CONSULTANT with written notice of CITY’s intent to exercise CITY’s option to extend the term of the Agreement no less than thirty (30) days prior to the expiration of the Term or any prior extension term. In the event CITY exercises its option to extend this Agreement, all terms, conditions, and provisions of this Agreement shall remain in effect and govern the duties, responsibilities, and liabilities of the parties hereto.
Contract No. [insert contract number]
2 1.2 SCOPE OF SERVICES:
A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled “On-Call professional Engineering Services” (hereinafter, “CITY RFP”) and the written proposal of CONSULTANT entitled “On-Call Professional Engineering Services” (hereinafter, the “CONSULTANT Proposal”). The CITY RFP and the CONSULTANT Proposal are attached and incorporated hereto as Exhibit “A” and “B” respectively. The term “Scope of Services” shall be a collective reference to the CITY RFP and the CONSULTANT Proposal. The capitalized term “Services” shall be a collective reference to all the various services and tasks referenced in the Scope of Services. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT Proposal, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Services and the provisions of this Agreement to which the Scope of Services is attached, the provisions of this Agreement shall govern and control. [ALTERNATIVELY]IF NO RFP ISSUED: Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain proposal of CONSULTANT entitled “INSERT TITLE OF PROPOSAL” dated INSERT DATE OF PROPOSAL (hereinafter, the “CONSULTANT Proposal”) which is attached and incorporated hereto as Exhibit “A”. CONSULTANT further agrees to furnish to CITY all labor, materials, tools, supplies, equipment, services, tasks, and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Services. For the purposes of this Agreement the aforementioned services and tasks set forth in the Scope of Services shall hereinafter be referred to generally by the capitalized term “Services.”
1.3 PROSECUTION OF SERVICES:
A. CONSULTANT shall perform the Services contemplated under this Agreement on an on-call, as-needed basis. Nothing in this Agreement shall be construed to grant CONSULTANT the exclusive right to perform any of the types of services or tasks contemplated under this Agreement nor shall anything in this Agreement be construed to entitle CONSULTANT to the receipt of any sums under this Agreement, except to the extent CITY requests the performance of any Services in the manner described below and such Services is in fact performed and completed by CONSULTANT and accepted by CITY. CITY requests for the performance of specific services or tasks contemplated under this Agreement shall be made in the Contract No. [insert contract number]
3 form of a written work order(s) issued by the City Representative (each such written request hereinafter referred to as a “Work Order”). Each Work Order shall include the following information:
1. A detailed description of the specific services or tasks requested; 2. The location of where the particular services or tasks are to be performed, if applicable;
3. A not-to-exceed budget for performing the services or tasks; 4. A timeline for completing the requested services or tasks; 5. Any other information CITY deems necessary and relevant to the requested services or tasks; and
6. The signature of the City Representative, confirming that the services or tasks have been authorized by the City Representative.
B. CONSULTANT shall not perform any of the Services contemplated under this Agreement without a written Work Order request from the City Representative, containing the information set forth in Section 1.3(A), above; C. CONSULTANT shall perform all assigned Services continuously and with due diligence so as to complete all assigned Services by the completion date indicated in each Work Order. CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors, or agents; D. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner; E. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT’s employees; and
F. CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.
1.4 COMPENSATION: CONSULTANT shall perform the Services in accordance with the “INSERT TITLE OF COMPENSATION DOCUMENT” which is attached and incorporated hereto as Exhibit “C” (hereinafter, the “COMPENSATION RATE”).
The foregoing notwithstanding, CONSULTANT’s total compensation for the performance of all Services contemplated under this Agreement, may not exceed the aggregate sum of INSERT WRITTEN AMOUNT ($ INSERT NUMBER) (hereinafter, the “Not-to-Exceed Sum”) during the Term of this Agreement, unless such added expenditure is first approved by the City Council. [NOTE: Not-toExceed Sum maybe defined as Annual, Fiscal Year or Aggregate, depending on the Term(s) involved.] In the event CONSULTANT’s charges are projected to exceed the Aggregate Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the Aggregate Not-to- Contract No. [insert contract number]
4 Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.
1.5 PAYMENT OF COMPENSATION: Following the conclusion of each calendar month, CONSULTANT will submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and any reimbursable out-ofpocket expenses incurred. If the amount of CONSULTANT’s monthly compensation is a function of hours worked by CONSULTANT’s personnel, the invoice should indicate the number of hours worked in the recently concluded calendar month, the person(s) responsible for performing the Services, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.
1.6 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
1.7 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Services agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Services, CONSULTANT will deliver to CITY immediately and without delay, all materials, records, and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the Services performed up to the time of cessation or abandonment, less a deduction for any damages, costs, or additional expenses which CITY may incur as a result of CONSULTANT’s cessation or abandonment.
II.
PERFORMANCE OF AGREEMENT
2.1 CITY’S REPRESENTATIVE: The CITY hereby designates INSERT CITY REPRESENTATIVE (hereinafter, the “City Representative”) to act as its representative for the performance of this Agreement. The City Representative or the City Representative’s designee will act on behalf of the CITY for all purposes under this Agreement. CONSULTANT will not accept directions or orders from any person other than the City Representative or the City Representative’s designee.
Contract No. [insert contract number]
5 2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates INSERT CONSULTANT REPRESENTATIVE to act as its representative for the performance of this Agreement (hereinafter, “Consultant Representative”). Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or the Consultant Representative’s designee will supervise and direct the performance of the Services, using his/her best skill and attention, and will be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all Services under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT.
2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:
CONSULTANT agrees to work closely with CITY staff in the performance of the Services and this Agreement and will be available to CITY staff and the CITY Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by City Representative or his or her designees.
2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges, and agrees to the following:
A. CONSULTANT will perform all Services skillfully, consistent with and adhering to its professional standard of care, that is, the degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and in the same or similar locality; B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative.
C. CONSULTANT will perform all Services in a manner reasonably satisfactory to the CITY;
D. CONSULTANT will comply with all applicable federal, state, and local laws and regulations, including the conflict-of-interest provisions of Government Code §1090 and the Political Reform Act (Government Code §§81000 et seq.) CONSULTANT shall be liable for all violations of such laws and regulations in connection with CONSULTANT’s performance of the Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom; Contract No. [insert contract number]
6 E. CONSULTANT understands the nature and scope of the Services to be performed under this Agreement as well as any and all schedules of performance; F. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training, and experience to perform those services and tasks assigned to them by CONSULTANT; and G. All of CONSULTANT’s employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications, and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications, and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.
The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and, notwithstanding Section 5.2(B), will be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the City Representative in writing and in her sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand, and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge, and experience necessary to perform the Services under the standard of care as articulated under section 2.4(A).
2.5 ASSIGNMENT: The skills, training, knowledge, and experience of CONSULTANT are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement, or the performance of any of CONSULTANT’s duties or obligations under this Agreement, without the prior written consent of the CITY. In the absence of CITY’s prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.
2.6 [IF RELEVANT] SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Contract No. [insert contract number]
7 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. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONSULTANT at the request of the CITY. The key personnel for performance of this Agreement are as follows: INSERT NAME(S) AND TITLE(S).
2.7 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Services will be performed by CONSULTANT or under CONSULTANT’s strict 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. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT’s competent and timely performance of the Services contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Services under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT’s exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT will 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, workers’ compensation insurance and the like. Notwithstanding any other CITY, state, or federal policy, rule, regulation, law, or ordinance to the contrary, CONSULTANT and any of its employees, agents, and subcontractors performing the Services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contributions and/or employee contributions for PERS benefits.
2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the City Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Services in a manner acceptable to the CITY, such officer, employee, agent, contractor, Contract No. [insert contract number]
8 subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Services.
2.9 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state, or local laws to the extent such laws control or otherwise govern the performance of the Services. CONSULTANT’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the U.S. Department of Housing and Urbanization.
2.10 NON-DISCRIMINATION: 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.
2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand, and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments, or subdivisions of CITY. CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants. CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt, or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.
2.12 [IF RELEVANT] SUSPENSION AND DEBARMENT: CONSULTANT shall certify by signature that CONSULTANT and its principals, as defined in 49 CFR 29.995, and/or affiliates, as defined at 49 CFR 29.905, are not excluded, or disqualified, as defined at 49 CFR 29.940 and 29.945. CONSULTANT may submit proof of nondebarment or suspension by providing a printout or screenshot from the U.S. Government’s official website (www.sam.gov) showing CONSULTANT and its principals are not debarred or suspended prior to the execution of this Agreement. [NOTE TO STAFF: For any contracts paid for with federal funds or any other special funds please consult with the City’s contract compliance officer and/or the City attorney to identify any additional specialized compliance provisions required by the funding source.] III.
INSURANCE
3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Before performing any Services contemplated under this Agreement, CONSULTANT will procure and Contract No. [insert contract number]
9 maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procure and maintain the following insurance coverage, at its own expense:
A. Commercial General Liability Insurance: CONSULTANT will procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.
B. Automobile Liability Insurance: For any owned, non-owned, or hired vehicles used in connection with the performance of this Agreement, CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per accident for bodily injury and property damage.
C. Workers’ Compensation Insurance/ Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Services contemplated in this Agreement.
D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT’s profession. Such coverage will have minimum limits of no less than Two Million Dollars ($2,000,000.00) per claim.
E. [IF RELEVANT] Cyber Security: Cyber Security coverage to include technology/professional liability insurance, intellectual property infringement, and data protection liability insurance. CONSULTANT shall procure and maintain coverage for cyber liabilities and financial loss resulting or arising from acts, errors, or omissions, in connection with data maintenance, hosting, software development and other information technology services provided under this agreement. Coverage shall include protection for liability arising from: intellectual property infringement arising out of software and/or content (excluding patent infringement and misappropriation of trade secrets); breaches of security; violation or infringement of any right, privacy, breach of federal, state, or foreign security and/or privacy laws or regulations including; data theft, damage, destruction, or corruption, including without limitation, unauthorized access, Contract No. [insert contract number]
10 unauthorized use, identity theft, theft of personally identifiable information or confidential corporate information, transmission of a computer virus or other type of malicious code; and participation in a denial of service attack on a third party. The minimum limits shall be three million dollars ($3,000,000) for each and every claim and in the aggregate.
3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers as additional insureds.
3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide. As to Workers’ Compensation Insurance/ Employer’s Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.
3.4 PRIMACY OF CONSULTANT’S INSURANCE: All policies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents, or volunteers. Any insurance or self-insurance maintained by CITY or CITY’s elected or appointed officials, officers, employees, agents, or volunteers will be in excess of CONSULTANT’s insurance and will not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT’s officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents, and volunteers.
3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands, and agrees, that CITY’s ability to verify the procurement and maintenance of the insurance required under this Article is a material consideration of this Agreement.
Accordingly, CONSULTANT warrants, represents, and agrees that it will furnish CITY with certificates of insurance and endorsements evidencing the coverage required under this Article on ACORD-25 or forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf and will be on forms provided by the CITY if requested. Before performing any Services, CONSULTANT shall provide CITY with all certificates of insurance and endorsements referenced herein. Upon CITY’s written request, CONSULTANT will also provide CITY with copies of all required insurance policies and endorsements.
Contract No. [insert contract number]
11 3.7 The insurance coverage requirement set forth under this Article 3 are in addition to any coverage requirements set forth under Section 15 INSERT SECTION (Insurance Coverages) of the CITY RFP [IF APPLICABLE].
3.8 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, 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 CONTRACTOR or CITY will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, CITY may cancel this Agreement effective upon notice.
3.9 SPECIAL RISKS OR CIRCUMSTANCES: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Any amendment to the insurance requirements of this Article shall be memorialized and approved in the form of a written amendment to this Agreement, signed by the Parties. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void or invalid.
IV.
INDEMNIFICATION
4.1 CITY’s elected and appointed officials, officers, employees, agents, and volunteers (hereinafter, the “City Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT’s commitment to indemnify, defend and protect CITY as set forth herein Notwithstanding the foregoing, to the extent CONSULTANT’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT. CONSULTANT’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents, or volunteers.
4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT’s performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss Contract No. [insert contract number]
12 or damage which is caused by the sole negligence or willful misconduct of the CITY.
4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to either pay CITY promptly for any costs associated with CONSULTANT’s obligations to indemnify the CITY Indemnitees under this Article or related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.
4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers.
4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.
4.6 CITY does not and shall not waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.
4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity. [ALTERNATIVELY] [ONLY USE IF FOR DESIGN PROFESSIONALS: DELETE HIGHLIGHTED SECTIONS BELOW IF NOT FOR DESIGN PROFESSIONALS] WORK OF CONSULTANT’S DESIGN PROFESSIONALS SERVICES: The duty to indemnify, defend and hold harmless as set forth under this subsection shall apply Contract No. [insert contract number]
13 to the negligence, recklessness or willful misconduct of any individual who qualifies as a “design professional” within the meaning of subsection (c)(2) of Section 2782.8 of the California Civil Code in so far as such negligence, recklessness or willful misconduct occurs in the performance, work or activities that must be performed by a “design professional.” Subject to the limitation of the preceding sentence, to the fullest extent permitted by law, CONSULTANT shall immediately defend and indemnify and hold harmless the CITY Indemnities, defined above, from and against any and all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature arising out of the negligence, recklessness, or willful misconduct of CONSULTANT or any of CONSULTANT’s officers, employees, servants, agents, contractors, subcontractors or authorized volunteers or any other person or entity involved by, for, or with or on behalf of CONSULTANT in the performance of design professional services under this Agreement. The Parties understand and agree that the duty of CONSULTANT to indemnify, defend and hold harmless pursuant to this subsection includes the duty to defend as set forth in Section 2778 of the California Civil Code. CONTRACTOR’s obligation to indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, then CONSULTANT’s indemnification obligation shall be reduced in proportion to the established comparative liability. WORK OF ALL OTHER PERSONS/NON-DESIGN PROFESSIONALS: Except as otherwise provided under Section 4.2 of this Article, above, to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless the CITY Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature to the extent caused by CONSULTANT’s negligent performance under this Agreement, including but not limited to the negligent acts, errors or omissions of CONSULTANT or CONSULTANT’s officers, employees, agents, servants, contractors, subcontractors or subconsultants or the failure of the same to comply with any of the duties, obligations or standards of care set forth herein. The duty to indemnify, defend and hold harmless under this subsection shall not encompass a duty to indemnity, defend or hold harmless for liability, loss, suit, damage, expense, or cost caused by the negligence or willful misconduct of any or all of the CITY Indemnitees. The duty to indemnify, defend and hold harmless as set forth under this subsection is intended to encompass liabilities, losses, damages, expense, and costs not otherwise subject to subsection 4.2, above. CITY shall have the right to offset against the amount of any compensation due CONSULTANT under this Agreement any amount due CITY from CONSULTANT as a result of CONSULTANT’s failure to pay CITY promptly any indemnification arising under this Article and related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers’ compensation laws. The obligations of CONSULTANT under this Article will not be limited by the Contract No. [insert contract number]
14 provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents and authorized volunteers. CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents and authorized volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice. CITY does not, and shall not, waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense. The duties to indemnify, defend and hold harmless as set forth under this Section, shall survive the early termination or normal expiration of this Agreement and shall be in addition to any other rights or remedies which the CITY may have at law or in equity.
V.
TERMINATION
5.1 TERMINATION WITHOUT CAUSE: CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY’s intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination. CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in section 6.1 below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Services. CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for Contract No. [insert contract number]
15 convenience as provided under this Section.
5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:
A. In the event either Party fails to perform any duty, obligation, service, or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service, or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2B and 5.2C below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. CONSULTANT will cure the following Events of Defaults within the following time periods: i. Within ten (10) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation, or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement. Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.i. that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or ii. Within fourteen (14) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.
In addition to any other failure on the part of CONSULTANT to perform any Contract No. [insert contract number]
16 duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT’s refusal or failure to perform any of the services or tasks called for under the Scope of Services; (ii) CONSULTANT’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; and/or (v) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.
C. CITY will cure any Event of Default asserted by CONSULTANT within fortyfive (45) calendar days of CONSULTANT’s issuance of a Default Notice unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.
D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT’s performance under this Agreement pending CONSULTANT’s cure of any Event of Default by giving CONSULTANT written notice of CITY’s intent to suspend CONSULTANT’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.
E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or Contract No. [insert contract number]
17 available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies: i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or iv. The CITY may exercise any other available and lawful right or remedy. CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.
G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty, or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.
VI.
MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in Contract No. [insert contract number]
18 the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY’s name or insignia, photographs, or any publicity pertaining to the Services in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.
6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., §§3801 et seq. and the California False Claims Act, Government Code §§12650 et seq.
6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
CONSULTANT: CITY:
INSERT CONSULTANT NAME INSERT ADDRESS
Attn: CONTACT PERSON
Phone: INSERT PHONE
CITY OF SANTA FE SPRINGS PUBLIC WORKS ENGINEERING 11710 E TELEGRAPH ROAD PHONE: (562) 868-0511 Attn: JAMES ENRIQUEZ,
DIRECTOR OF PUBLIC WORKS
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.
6.5 COOPERATION; FURTHER ACTS: The Parties will fully cooperate with one another and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate, or convenient to achieve the purposes of this Contract No. [insert contract number]
19 Agreement.
6.6 SUBCONTRACTING: CONSULTANT will not subcontract any of the Services contemplated under this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other independent contractors in connection with the various projects worked upon by CONSULTANT.
6.8 CONFLICTS OF INTEREST:
A. CONSULTANT warrants, represents, and maintains 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. Further, CONSULTANT warrants and represents 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. For breach or violation of this warranty, CITY will 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, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
B. CONSULTANT may serve other clients, but none whose activities within the corporate limits of CITY or whose business, regardless of location, would place CONSULTANT in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code §81000 et seq.
C. CONSULTANT shall not employ any official or employee of the CITY during the Term of this Agreement or any extension term. No officer or employee of CITY shall have any financial interest in this Agreement that would violate Government Code §§1090 et seq. CONSULTANT warrants and represents that no owner, principal, partner, officer, or employee of CONSULTANT is or has been an official, officer, employee, agent, or appointee of the CITY within the twelve-month period of time immediately preceding the Effective Date. If an owner, principal, partner, officer, employee, agent, or appointee of CONSULTANT was an official, officer, employee, agent, or appointee of the CITY within the twelve-month period immediately preceding the Effective Date, CONSULTANT warrants that any such individuals did not participate in any manner in the forming of this Agreement. CONTRACTOR understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and CONSULTANT will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and CONSULTANT will be required to reimburse Contract No. [insert contract number]
20 the CITY for any sums paid to CONSULTANT. CONSULTANT understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code §1090.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
6.10 GOVERNING LAW AND VENUE: This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, will be in the Central District of California located in the City of Los Angeles, California.
6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, legal, administrative, or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.
6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.
6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.
6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
Contract No. [insert contract number]
21 6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.
6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section 6.16, above.
6.20 FORCE MAJEURE: The completion deadline for any Services assigned to CONSULTANT may be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY. CONSULTANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The CITY Representative shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the CITY Representative such delay is justified. The City Representative’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT’s sole remedy being extension of the Agreement pursuant to this Section.
6.21 COUNTERPARTS: This Agreement will be executed in three (3) original counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification, or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section 6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and the remaining two original counterparts will be retained by CITY. (SIGNATURES ON NEXT PAGE)
Contract No. [insert contract number]
22 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF SANTA FE SPRINGS: [CONSULTANT NAME]
By: René Bobadilla, City Manager By:
Date: Name
Title:Date:
APPROVED AS TO FORM:
By:
Rick Olivarez, City Attorney,
Date:
AMENDMENT NUMBER 1 TO
PROFESSIONAL SERVICES AGREEMENT
WITH SOUTHSTAR ENGINEERING AND CONSULTING, INC.
This Amendment Number 1 (“Amendment”) is made and entered into this 18th day of March 2025, by and between the City of Santa Fe Springs (“City”) and Southstar Engineering and Consulting, Inc. (“Consultant”).
WHEREAS, on April 6, 2021, the City and Contractor entered into an agreement for consultant to provide On-Call Engineering Professional Services to the city (“Agreement”); and
WHEREAS, the Agreement provides for an initial four-year term, terminating on April 6, 2025; and
WHEREAS the parties desire to extend the contract for an additional term of 365- days.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. Pursuant to Section 4.1 of the Agreement, the term of the Agreement is extended through April 6, 2026.
2. Pursuant to Section 2 of the Agreement, the compensation for the work completed during the 365-day extension period shall be per the original agreement.
3. Except as amended herein, all terms, conditions, and provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hand by their duly authorized representatives as of the day and year first above written.
CITY OF SANTA FE SPRINGS SOUTHSTAR ENGINEERING AND
CONSULTING, INC.
____________________________ ____________________________ Bill Rounds, Mayor Yvette Kirrin, President
Date: ____________________ Date: _______________________ ATTEST: SOUTHSTAR ENGINEERING AND
CONSULTING, INC.
__________________________ ____________________________ Fernando Munoz, City Clerk Yvette Kirrin, Secretary
Date: _______________________
APPROVED AS TO FORM:
___________________________
Rick Olivarez, City Attorney
AMENDMENT NUMBER 1 TO
PROFESSIONAL SERVICES AGREEMENT
WITH JMDIAZ, INC.
This Amendment Number 1 (“Amendment”) is made and entered into this 18th day of March 2025, by and between the City of Santa Fe Springs (“City”) and JMDiaz, Inc. (“Consultant”).
WHEREAS, on April 6, 2021, the City and Contractor entered into an agreement for consultant to provide On-Call Engineering Professional Services to the city (“Agreement”); and
WHEREAS, the Agreement provides for an initial four-year term, terminating on April 6, 2025; and
WHEREAS the parties desire to extend the contract for an additional term of 365- days.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. Pursuant to Section 4.1 of the Agreement, the term of the Agreement is extended through April 6, 2026.
2. Pursuant to Section 2 of the Agreement, the compensation for the work completed during the 365-day extension period shall be per the original agreement.
3. Except as amended herein, all terms, conditions, and provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hand by their duly authorized representatives as of the day and year first above written.
CITY OF SANTA FE SPRINGS JMDIAZ, INC.
____________________________ ____________________________ Bill Rounds, Mayor Juan M. Diaz, P.E., President/CEO
Date: ____________________ Date: _______________________ ATTEST : JMDIAZ, INC.
__________________________ ____________________________ Fernando Munoz, City Clerk Juan M. Diaz, P.E., Secretary
Date: _______________________
APPROVED AS TO FORM:
___________________________
Rick Olivarez, City Attorney
AMENDMENT NUMBER 1 TO
PROFESSIONAL SERVICES AGREEMENT
WITH NV5, INC.
This Amendment Number 1 (“Amendment”) is made and entered into this 18th day of March 2025, by and between the City of Santa Fe Springs (“City”) and NV5, Inc. (“Consultant”).
WHEREAS, on April 6, 2021, the City and Contractor entered into an agreement for consultant to provide On-Call Engineering Professional Services to the city (“Agreement”); and
WHEREAS, the Agreement provides for an initial four-year term, terminating on April 6, 2025; and
WHEREAS the parties desire to extend the contract for an additional term of 365- days.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. Pursuant to Section 4.1 of the Agreement, the term of the Agreement is extended through April 6, 2026.
2. Pursuant to Section 2 of the Agreement, the compensation for the work completed during the 365-day extension period shall be per the original agreement.
3. Except as amended herein, all terms, conditions, and provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hand by their duly authorized representatives as of the day and year first above written.
CITY OF SANTA FE SPRINGS NV5, INC.
____________________________ ____________________________ Bill Rounds, Mayor Jeffrey M. Cooper, Vice President
President/ CEO
Date: ____________________ Date: _______________________ ATTEST : NV5, INC.
__________________________ ____________________________ Fernando Munoz, City Clerk Jeffrey M. Cooper, Secretary
Date: _______________________
APPROVED AS TO FORM:
___________________________
Rick Olivarez, City Attorney
AMENDMENT NUMBER 1 TO
PROFESSIONAL SERVICES AGREEMENT
WITH RMA INTERNATIONAL LANDSCAPE ARCHITECTURE
This Amendment Number 1 (“Amendment”) is made and entered into this 18th day of March 2025, by and between the City of Santa Fe Springs (“City”) and RMA International Landscape Architecture (“Consultant”).
WHEREAS, on April 6, 2021, the City and Contractor entered into an agreement for consultant to provide On-Call Engineering Professional Services to the city (“Agreement”); and
WHEREAS, the Agreement provides for an initial four-year term, terminating on April 6, 2025; and
WHEREAS the parties desire to extend the contract for an additional term of 365- days.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. Pursuant to Section 4.1 of the Agreement, the term of the Agreement is extended through April 6, 2026.
2. Pursuant to Section 2 of the Agreement, the compensation for the work completed during the 365-day extension period shall be per the original agreement.
3. Except as amended herein, all terms, conditions, and provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hand by their duly authorized representatives as of the day and year first above written.
CITY OF SANTA FE SPRINGS RMA International Landscape
Architecture
____________________________ ____________________________ Bill Rounds, Mayor Robert J. McMahon, Principal in
Charge
Date: ____________________ Date: _______________________ ATTEST : RMA International Landscape
Architecture
__________________________ ____________________________ Fernando Munoz, City Clerk Robert J. McMahon, Secretary
Date: _______________________
APPROVED AS TO FORM:
___________________________
Rick Olivarez, City Attorney
ITEM # 20
CITY OF SANTA FE SPRINGS
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Lana Dich, Director of Finance
SUBJECT: ADOPTION TO JOINT POWER AUTHORITY (JPA) AGREEMENT
MEETING DATE AND REPLACING SUCCESSOR AGENCY WITH
HOUSING AUTHORITY IN JPA
DATE: March 18, 2025
RECOMMENDATION(S):
It is recommended that the City Council and the Governing Board of the Housing Authority:
1) Adopt Resolutions Nos. 9953 & 9955 approving the Amendment to the City of Santa Fe Springs Joint Exercise Powers Agreement.
It is recommended that the Board of Directors of the Santa Fe Springs Public Financing Authority:
2) Adopt Resolution No. 9954 to amend bylaws regarding regular meeting schedule.
FISCAL IMPACT
There is no fiscal impact from the adoption of these resolutions.
BACKGROUND
On August 24, 1989, the City of Santa Fe Springs (the “City”) and the Redevelopment Agency of the City of Santa Fe Springs (as succeeded by the Successor Agency to the Redevelopment Agency of the City of Santa Fe Springs, the “Agency”), entered into a Joint Exercise of Powers Agreement (the “Agreement”) creating the Santa Fe Springs Public Financing Authority (the “Authority”).
CITY COUNCIL AGENDA REPORT – MEETING OF MARCH 18, 2025
Adoption to JPA Agreement Meeting Date and Replacing Successor Agency with Housing Authority in JPA
The City Council and Governing Board of the Housing Authority are contemplating the following action:
1. The attached Amendment to the Agreement will add the Housing Authority of the City of Santa Fe Springs in place of the Successor Agency.
On January 12, 2006, the Board of Directors (the “Board”) of the Authority adopted a revised By-Laws of the Authority that provided for the regular meetings of the Board to be held on the fourth Thursday of each month.
2. The attached Resolution will change the regular meeting dates of the Board of the JPA to the first and third Tuesday of each month, to align with regular City Council meeting dates.
ANALYSIS
The proposed changes have been suggested by the City’s bond counsel to facilitate the sale of the upcoming Parcel Tax bonds. Since the Successor Agency will one day be dissolved, it makes sense to replace it with the Housing Authority, since it is expected to exist in perpetuity. Changing the date of the Board meeting to align with City Council dates is for administrative convenience.
ENVIRONMENTAL
N/A
DISCUSSION
The proposed changes are simply administrative in nature and should help to eliminate potential conflicts/issues in the future.
SUMMARY/NEXT STEPS
The Amendment and Resolution should be adopted to eliminate potential conflicts/issues in the future.
ATTACHMENT(S):
A. Amendment to JPA Agreement
B. Resolution No. 9953 - Housing Authority Resolution approving amendment to JPA Agreement Creating the Santa Fe Springs Public Financing Authority C. Resolution No. 9954 - Sante Fe Springs Public Financing Authority approving amendment to Bylaws
CITY COUNCIL AGENDA REPORT – MEETING OF MARCH 18, 2025
Adoption to JPA Agreement Meeting Date and Replacing Successor Agency with Housing Authority in JPA
D. Resolution No. 9955 – City Council’s Amendment to JPA Agreement Creating the Santa Fe Springs Public Financing Authority
ITEM STATUS:
APPROVED:
DENIED:
TABLED:
DIRECTION GIVEN:
65582.00001\43249321.1
1 AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT
SANTA FE SPRINGS PUBLIC FINANCING AUTHORITY
This AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT, dated as of March 18, 2025 (this “Amendment”), is made by and among the City of Santa Fe Springs, California (the “City”), the City as successor to the Redevelopment Agency of the city of Santa Fe Springs (the “Successor Agency”) and the Housing Authority of the City of Santa Fe Springs (the “Housing Authority”), each duly organized and existing under the laws of the State of California.
RECITALS:
WHEREAS, the City and the Redevelopment Agency of the City of Santa Fe Springs entered into that certain Joint Exercise of Powers Agreement, dated August 24, 1989 (the “Agreement”), for the purpose, among other things, of issuing its bonds to be used to provide financing and refinancing for any purposes which are authorized by law; and
WHEREAS, the City and the Successor Agency desire to amend the Agreement pursuant to Section 8.05 thereof to add the Housing Authority as a party to the Agreement; and WHEREAS, after the Housing Authority is a member of the Authority hereby, the members desire to remove the Successor Agency as a member; NOW, THEREFORE, in consideration of the above premises and of the mutual covenants hereinafter contained the parties hereto agree as follows:
ARTICLE I
AMENDMENTS
Section 1.01. Amendment to Definitions. Section 1.01 of the Agreement is hereby amended to add the following definition:
“Housing Authority” means the Housing Authority of the City.
ARTICLE II
ADDITION OF HOUSING AUTHORITY OF THE
CITY OF SANTA FE SPRINGS
Section 2.01. Addition of Member. The Housing Authority of the City is hereby made a party to the Agreement for all purposes thereof.
65582.00001\43249321.1
2 ARTICLE III
REMOVAL OF SUCCESSOR AGENCY AS A MEMBER
Section 3.01. Removal of Party. Upon execution by the Housing Authority of this Amendment, the Successor Agency shall be and is hereby removed as a party to the Agreement for all purposes thereof.
All references to “Agency” in the Agreement are hereby removed and replaced with “Housing Authority.”
ARTICLE IV
MISCELLANEOUS
Section 4.01. Counterparts. This Amendment may be simultaneously executed in several counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the parties hereto, by their officers thereunto duly authorized, have executed and delivered this Amendment, effective as of the day and year first above written.
CITY OF SANTA FE SPRINGS, CALIFORNIA
By:
City Manager
CITY OF SANTA FE SPRINGS, CALIFORNIA, as
Successor Agency for the Redevelopment Agency of the
City of Santa Fe Springs
By:
City Manager
HOUSING AUTHORITY OF THE CITY OF SANTA
FE SPRINGS
By:
City Manager
65582.00001\43249645.1
RESOLUTION NO. 9953
A RESOLUTION OF THE GOVERNING BOARD OF THE HOUSING AUTHORITY
OF THE CITY OF SANTA FE SPRINGS APPROVING, AUTHORIZING, AND
DIRECTING THE EXECUTION OF AN AMENDMENT TO JOINT EXERCISE OF
POWERS AGREEMENT CREATING THE SANTA FE SPRINGS PUBLIC FINANCING
AUTHORITY
WHEREAS, the City of Santa Fe Springs (the “City”) and the Redevelopment Agency of the City of Santa Fe Springs (the “Agency”) entered into that certain Joint Powers Agreement, dated August 24, 1989 (the “Agreement”), establishing the Santa Fe Springs Public Financing Authority (the “Authority”) for the purpose, among others, of having the Authority issue its bonds to be used to finance the acquisition, construction and improvement of certain public capital improvements, including road improvements and related infrastructure; and WHEREAS, the City desires to amend the Agreement to add the Housing Authority of the City of Santa Fe Springs (the “Housing Authority”) as a party to the Agreement and remove the Agency as a member;
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF THE HOUSING AUTHORITY OF THE CITY OF SANTA FE SPRINGS AS FOLLOWS:
Section 1. The proposed form of the Amendment to Joint Exercise of Power Agreement as presented to this meeting, is hereby approved. The Chair, Executive Director, and Treasurer, or any of their designees (the “Authorized Officers”) are each hereby authorized and directed, for and on behalf of the Housing Authority, to execute, acknowledge and deliver the Amendment to Joint Exercise of Power Agreement, in substantially the form presented to this meeting, with such changes therein as an Authorized Officer may require or approve, with the advice and approval of Bond Counsel, such approval to be conclusively evidenced by the execution and delivery thereof.
Section 2. This Resolution shall take effect immediately upon adoption. 65582.00001\43249645.1
PASSED, APPROVED AND ADOPTED by the Governing Board for the Housing Authority of the City of Santa Fe Springs on March 18, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chair
ATTEST:
___________________________________
Secretary
65582.00001\43249387.2
RESOLUTION NO. 9954
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SANTA FE SPRINGS PUBLIC FINANCING AUTHORITY
ESTABLISHING A REGULAR MEETING SCHEDULE AND
PROVIDING FOR OTHER MATTERS RELATED THERETO
WHEREAS, on August 24, 1989, the City of Santa Fe Springs (the “City”) and the Redevelopment Agency of the City of Santa Fe Springs (as successed by the Successor Agency to the Redevelopment Agency of the City of Santa Fe Springs, the “Agency”), entered into a Joint Exercise of Powers Agreement (the “Agreement”) creating the Santa Fe Springs Public Financing Authority (the “Authority”), pursuant to Articles 1 through 4 (commencing with Section 6500) of Chapter 5, Division 7, Title 1 of the Government Code of the State of California (the “Act”); and WHEREAS, the Agreement is being amended to add the Housing Authority of the City of Santa Fe Springs as a party and remove the Agency as a party; and WHERAS, on January 12, 2006, the Board of Directors (the “Board”) of the Authority adopted a revised By-Laws of the Authority that provided for the regular meetings of the Board to be held on the fourth Thursday of each month, unless either of said days shall be a legal holiday, in which event the regular meeting shall be held at the same time on the preceding Tuesday; and WHEREAS, the Board desires to amend Section 4 of the By-Laws to provide for the regular meetings of the Board to coincide with the City Council meeting dates, as has been the practice;
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, FOUND AND
ORDERED by the Board of Directors of Santa Fe Springs Public Financing Authority as follows:
Section 1. Recitals. All of the above recitals are true and correct.
Section 2. Regular Meeting Schedule. Section 4 of the By-Laws is hereby amended to read as follows:
“The Board of Directors hereby establishes a regular meeting schedule of the Authority, consisting of the first (1st) and third (3rd) Tuesday of every month at 6:00 p.m., or as soon thereafter as the City of Santa Fe Springs City Council meeting is concluded, for which an agenda is posted at least 72 hours in advance of the meeting (each, a “Regular Meeting), beginning April 1, 2025. In the event there is no scheduled business to conduct, no agenda for the Authority shall be posted and such Regular Meeting shall be automatically canceled thereby.”
Section 3. Delegation of Authority. The Chairperson, Vice Chairperson, Executive Director, Treasurer and Secretary, or their respective designees, are, and each of them is, hereby authorized and directed to do any and all things, and to execute and deliver any and all documents which said officers may deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this Resolution.
65582.00001\43249387.2
2 Section 4. Effective Date. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED AND ADOPTED THIS 18th DAY OF March, 2025. _________________________________
Chairperson
_______________________________________
Secretary
I HEREBY CERTIFY that the foregoing Resolution was adopted by a vote of the Board of Directors of Santa Fe Springs Public Financing Authority at its special meeting of April 1st, 2025, by the following vote:
AYES:_______________________________________________________________ NOES:_______________________________________________________________ ABSTAIN:____________________________________________________________ ABSENT:_____________________________________________________________ _______________________________________
Secretary
65582.00001\43249565.1
RESOLUTION NO. 9955
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS
APPROVING, AUTHORIZING, AND DIRECTING THE EXECUTION OF AN
AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT CREATING THE
SANTA FE SPRINGS PUBLIC FINANCING AUTHORITY
WHEREAS, the City of Santa Fe Springs (the “City”) and the Redevelopment Agency of the City of Santa Fe Springs (the “Agency”) entered into that certain Joint Powers Agreement, dated August 24, 1989 (the “Agreement”), establishing the Santa Fe Springs Public Financing Authority (the “Authority”) for the purpose, among others, of having the Authority issue its bonds to be used to finance the acquisition, construction and improvement of certain public capital improvements, including road improvements and related infrastructure; and WHEREAS, the City desires to amend the Agreement to add the Housing Authority of the City of Santa Fe Springs as a party to the Agreement and remove the Agency as a member;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS AS FOLLOWS:
Section 1. The proposed form of the Amendment to Joint Exercise of Power Agreement as presented to this meeting, is hereby approved. The Mayor, City Manager, and Finance Director, or any of their designees (the “Authorized Officers”) are each hereby authorized and directed, for and on behalf of the City, to execute, acknowledge and deliver the Amendment to Joint Exercise of Power Agreement, in substantially the form presented to this meeting, with such changes therein as an Authorized Officer may require or approve, with the advice and approval of Bond Counsel, such approval to be conclusively evidenced by the execution and delivery thereof.
Section 2. This Resolution shall take effect immediately upon adoption. 65582.00001\43249565.1
PASSED, APPROVED AND ADOPTED by the City Council for the City of Santa Fe Springs on March 18, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
___________________________________
City Clerk
ITEM # 21
CITY OF SANTA FE SPRINGS
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Lana Dich, Director of Finance and Administrative Services SUBJECT: AUTHORIZE THE PURCHASE OF FIVE (5) POLICE VEHICLES DATE: March 18, 2025
RECOMMENDATION(S):
It is recommended that the City Council:
1) Authorize issuing a purchase order to Sunrise Ford to purchase two (2) Ford F150 police responder vehicles in the amount of $162,908; and 2) Authorize issuing a purchase order to National Auto Fleet Group to purchase two (2) Ford F-150s and one (1) Ford Ranger in the amount of $162,679; and 3) Authorize the City Manager to establish an agreement/purchase order in an amount that shall not exceed $105,000 to acquire the items and services necessary to upfit the vehicles for field use; and
4) Authorize a contingency in the amount of $43,059 for any expenditures related to the purchase; and
5) Authorize a budget transfer from the Equipment Acquisition and Replacement Fund and Police Services – Contract Patrol in the total amount of $473,646 for the items above and services; and
6) Take such additional, related action that may be desirable.
FISCAL IMPACTS
The total cost of this purchase shall not exceed $473,646. This includes $325,587 for five (5) vehicles, $105,000 for items and services to upfit each vehicle, and a contingency in the amount of $43,059. A budget transfer from the Equipment Acquisition and CITY COUNCIL AGENDA REPORT – MEETING OF MARCH 18, 2025
Police Vehicle Purchase Page 2 of 4
Replacement Fund is required to ensure sufficient funds are available. Upon completion of the transfer, funds will be available in account codes 10102215 – 523030 (Contract Patrol – misc equipment), 10102220 – 573450 (Public Safety Officer Patrol), and 10102235 – 573450 (Code Enforcement).
To offset the cost, Staff anticipates savings within account code 10102215 – 542050 (Police Services – Contract Patrol). The Fiscal Year 2024 – 25 The budget allocation for the aforementioned account code included a supplemental request to acquire fixed and mobile camera solutions in the amount of $170,000. Recently, Staff reassessed the needs and identified a less costly solution to address community needs equally. As a result, savings of $135,000 is expected and will be used for the vehicle purchases.
BACKGROUND
The City replaces vehicles that have reached the end of their cost-effective, useful life based on age, mileage, and repair history by the vehicle replacement schedule. In addition, this program identifies adjustments to the vehicle fleet as services change in size and scope. A recent assessment has recognized the need to purchase five (5) vehicles for Police Services to replace aging units.
ENVIRONMENTAL
N/A
DISCUSSION
The City contracts with the Whittier Police Department to provide law enforcement services. As part of this agreement, the Department of Police Services is required to facilitate the acquisition of equipment such as vehicles. Some vehicles are approaching the end of their use cycle, which is when they become expensive to repair and maintain and no longer suitable for use.
It is anticipated that recent changes in the global economy will make acquiring some commodities, including vehicles, much more costly in the future. For example, it is anticipated that the recent introduction of tariffs will increase the cost of new vehicles significantly. Early projections from economists estimate that the cost of some vehicles could increase by as much as $12,000 due to the proposed tariffs (Anderson Economic Group). In addition, the supply of new vehicles may be reduced as the auto industry determines how to pivot to ensure the cost of production remains as low as possible.
For this reason, Staff requests that City Council authorize the urgent purchase of two (2) new police sergeant vehicles for the Police Department. Staff is seeking approval to issue a purchase order to Sunrise Ford for $162,908. Staff has been unable to locate comparable vehicles from any other dealer. It has been confirmed that the vehicles are on hand and ready to be shipped upon delivery of a valid purchase order.
CITY COUNCIL AGENDA REPORT – MEETING OF MARCH 18, 2025
Police Vehicle Purchase Page 3 of 4
As previously mentioned, some of the Police Department's vehicles are approaching the end of their use life cycle. Staff wants to take immediate action to limit the risk of having an insufficient number of functioning vehicles. Furthermore, current market conditions and scarcity create a situation where it would not be beneficial for the City to engage in a lengthy bidding process to risk losing the ability to acquire the vehicles. For these reasons, this purchase is considered a sole source under Santa Fe Springs Municipal Code Section 34.18C, which states:
Sole source, where the supplies, equipment, or services are unique and available only from one source, or where it would be undesirable or impossible for the city to solicit bids. Sole source procurements may include proprietary items sold directly from the manufacturer, items that have only one distributor authorized to sell in the area, or a specified product determined to be the only acceptable product for the city's needs.
In addition, the Police Services anticipates enhancing services provided by Department by adding one (1) code enforcement officer, (1) dedicated Public Safety Officer to Homeless Coordination and replace (1) obsolete Public Safety vehicle. The additional Staff will require new vehicles in order to perform their duties. As part of this request, Staff requests authorization to purchase two (2) Ford F-150s and one (1) Ford Ranger in the amount of $162,679. These vehicles are available through a cooperative purchase agreement from Sourcewell/National Auto Fleet Group. The City can use this agreement to procure the vehicles without engaging in the standard bidding process pursuant to Santa Fe Springs Municipal Code Section 34.18B, Purchase By Bidding Required Generally; Exceptions, which states:
Purchases of supplies, equipment, and services shall be made pursuant to the procedures set forth in this subchapter, except for the following:
Cooperative or piggyback purchasing, which may consist of the following:
Cooperative purchasing with other public agencies, and with nonprofit groups or organizations established by public entities, provided that a competitive bidding process is used.
Contracts with suppliers who have been awarded contracts by the state or other local agencies for the purchase of supplies, equipment, and services under a competitive bidding process.
Purchasing supplies, equipment, or services through bid award lists of others, provided that competitive purchasing procedures similar to those required in the City were employed to create such bid award lists.
Upon receiving all vehicles, they must be upfitted with the necessary items to ensure they are suitable for field use. This includes but is not limited to, light bars, amplification systems, mobile data computers, and docks, push bars, and decals. In addition to CITY COUNCIL AGENDA REPORT – MEETING OF MARCH 18, 2025
Police Vehicle Purchase Page 4 of 4
authorizing the purchase of the vehicles, Staff requests that the City Manager be authorized up to an additional $105,000 to establish an agreement/purchase order with the vehicle upfitter. Staff will identify an upfitter based on the time required to complete the necessary work to prepare the vehicles for field use.
Staff requests a contingency in the amount of $43,059. This contingency, equal to ten (10) percent of the total estimated cost, will be specifically used for any unexpected expenditures associated with the purchase.
SUMMARY
Staff recommends that the City Council authorize the issuance of purchase orders to Sunrise Ford for $162,908 and National Auto Fleet Group for $162,679 for acquiring five (5) vehicles. An additional $105,000 is requested under the City Manager’s authority to purchase the items and services necessary to upfit vehicles for field use. A contingency amount of $43,059 is being added for any unexpected expenditures associated with the purchase.
The anticipated total shall not exceed $473,646.
ATTACHMENTS
A. Price Quotes/Invoices – Sunrise Ford
B. Price Quotes – National Auto Fleet Group
ITEM STATUS:
APPROVED:
DENIED:
TABLED:
DIRECTION GIVEN:
Ford
16005 VALLEY BLVD., FONTANA, CA 92335
FLEET OFFICE (909) 350-3043 FLEET FAX (909) 822-4199
FLEET VEHICLE PURCHASE INVOICE
SOLD TO City Of Santa Fe Springs DATE 03/03/2025
11710 Telegraph Rd.
Santa Fe Springs
PHONE 562-318-6854
P.O.# PO# Invoice #
YEAR 2024 MAKE Ford F-150 MODEL
VIN IFTFW1P81RKD96287 STOCK NUMBER RKD96287
TERMS:
NET 0 DAYS NET DUE $ $81,453.63
MUST BE RECEIVED NO LATER THAN
DELIVERY RECEIPТ
I ACKNOWLEDGE THE RECEIPT OF THE ABOVE VEHICLE:
SIGNATURE DATE
F-150 Police Responder 4x4 ecoboost-$69,390.00
FORD FLEET #
Paint Bed,front fenders and hood-$4,200.00
RESALE #
AMG battery - N/C
R.S.#
Net Sale Price-$73,590.00
BID#
See Window sticker,Exempt Plates
FLEET MANAGER & NUMBER
MAKE CHECKS PAYABLE TO:
SUNRISE FORD
16005 VALLEY BLVD.
FONTANA, CA 92335
PRICE $73,590.00
TAX $7,735.88
LIC. FEE $42.75
DOC. FEЕ $85.00
TOTAL $81,453.63
LESS TRADE
LESS DOWN
NET DUE $81,453.63
PORM #XT579FOR THI HALERA2-7111
One Unit
(MSRP)
One Unit Total %
Savings
Total Savings
Contract Price $57,745.00 $55,016.64 4.725 % $2,728.36
Tax (10.5000 %) $5,776.75
Tire fee $8.75
Total $60,802.14
Jesse Cooper Quoting Department
Account Manager Account Manager
Email: [email protected] [email protected] Office: (855) 289-6572 (855) 289-6572
Fax: (831) 480-8497
3/12/2025
3/12/2025 Re-Configured Quote ID: 31551 R1
Order Cut Off Date: TBA
Mr Micah Herd
City of Santa Fe Springs
11710 Telegraph Rd
.
Santa Fe Springs, California, 90670
Dear Micah Herd,
National Auto Fleet Group is pleased to quote the following vehicle(s) for your consideration.
One (1) New/Unused (2025 Ford F-150 (W3L) XLT 4WD SuperCrew 6.5' Box 157" WB, ) and delivered to your specified location, each for
- per the attached specifications.
This vehicle(s) is available under the Sourcewell Contract 091521-NAF . Please reference this Contract number on all purchase orders to National Auto Fleet Group. Payment terms are Net 20 days after receipt of vehicle.
Thank you in advance for your consideration. Should you have any questions, please do not hesitate to call.
Sincerely,
3/12/25, 1:28 PM Sell, service, and deliver letter
https://nationalautofleetgroup.com/OrderRequest/SSDPrint/31551?ws=true&se=true&ssdType=QuickQuote 2/9 Purchase Order Instructions & Resources
In order to finalize your purchase please submit this purchase packet to your governing body for a purchase order approval and submit your purchase order in the following way:
Email: [email protected]
Fax: (831) 480-8497
Mail: National Auto Fleet Group
490 Auto Center Drive
Watsonville, CA 95076
We will send a courtesy confirmation for your order and a W-9 if needed.
Additional Resources
Learn how to track your vehicle: www.NAFGETA.com
Use the upfitter of your choice: www.NAFGpartner.com
Vehicle Status: [email protected]
General Inquiries: [email protected]
For general questions or assistance please contact our main office at:
1-855-289-6572
3/12/25, 1:28 PM Sell, service, and deliver letter
https://nationalautofleetgroup.com/OrderRequest/SSDPrint/31551?ws=true&se=true&ssdType=QuickQuote 3/9 Vehicle Configuration Options
TRANSMISSION
Code Description
44G Transmission: Electronic 10-Speed Automatic, (STD)
TIRES
Code Description
___ Tires: 275/65R18 BSW A/T, (STD)
PRIMARY PAINT
Code Description
YZ Oxford White
SEAT TYPE
Code Description
US
Black w/Medium Dark Slate, Cloth 40/Console/40 Front Seats, -inc: 10-way power driver seat w/power lumbar, 8-way power passenger seat w/power lumbar, flow-through console and steering column-mounted shift
AXLE RATIO
Code Description
XL6 Electronic Locking w/3.73 Axle Ratio
ADDITIONAL EQUIPMENT
Code Description
53T Tow/Haul Package, -inc: Integrated Trailer Brake Controller 153 Front License Plate Bracket, -inc: Standard in states where required by law, optional to all others
66C Paint Protection Film
3/12/25, 1:28 PM Sell, service, and deliver letter
https://nationalautofleetgroup.com/OrderRequest/SSDPrint/31551?ws=true&se=true&ssdType=QuickQuote 4/9 2025 Ford F-150 XLT 4WD SuperCrew 6.5' Box 157" WB
CODE MSRP
W3L $53,995.00
44G $0.00
___ $0.00
YZ $0.00
US $0.00
XL6 $570.00
53T $785.00
153 $0.00
66C $400.00
$55,750.00
$0.00
$1,995.00
$57,745.00
Est City: 27 (2024) MPG
Est Highway: 34 (2024) MPG
Est Highway Cruising Range: 503.20 mi
2025 Fleet/Non-Retail Ford F-150 XLT 4WD SuperCrew 6.5' Box 157" WB
WINDOW STICKER
MODEL
2025 Ford F-150 XLT 4WD SuperCrew 6.5' Box 157" WB
OPTIONS
Transmission: Electronic 10-Speed Automatic, (STD)
Tires: 275/65R18 BSW A/T, (STD)
Oxford White
Black w/Medium Dark Slate, Cloth 40/Console/40 Front Seats, -inc: 10-way power driver seat w/power lumbar, 8-way power passenger seat w/power lumbar, flow-through console and steering column-mounted shift
Electronic Locking w/3.73 Axle Ratio
Tow/Haul Package, -inc: Integrated Trailer Brake Controller Front License Plate Bracket, -inc: Standard in states where required by law, optional to all others Paint Protection Film
Please note selected options override standard equipment
SUBTOTAL
Advert/ Adjustments
Manufacturer Destination Charge
TOTAL PRICE
Any performance-related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions.
Notes
3/12/25, 1:28 PM Sell, service, and deliver letter
https://nationalautofleetgroup.com/OrderRequest/SSDPrint/31551?ws=true&se=true&ssdType=QuickQuote 5/9 Standard Equipment
MECHANICAL
Engine: 5.0L V8 -inc: auto start-stop technology (STD)
Transmission: Electronic 10-Speed Automatic -inc: SelectShift w/progressive range select and selectable drive modes: normal, ECO, sport, tow/haul, slippery, deep snow/sand and mud/rut (STD)
3.31 Axle Ratio (STD)
EXTERIOR
Tires: 275/65R18 BSW A/T (STD)
WHEELS
Wheels: 18" Chrome-Like PVD
ADDITIONAL EQUIPMENT
50 State Emissions System
Electronic Transfer Case
Part-Time Four-Wheel Drive
70-Amp/Hr 610CCA Maintenance-Free Battery w/Run Down Protection 200 Amp Alternator
Class IV Towing Equipment -inc: Hitch and Trailer Sway Control Trailer Wiring Harness
2025# Maximum Payload
GVWR: 7,200 lbs Payload Package
HD Shock Absorbers
Front Anti-Roll Bar
Electric Power-Assist Steering
Single Stainless Steel Exhaust
36 Gal. Fuel Tank
Auto Locking Hubs
Double Wishbone Front Suspension w/Coil Springs
Solid Axle Rear Suspension w/Leaf Springs
4-Wheel Disc Brakes w/4-Wheel ABS, Front And Rear Vented Discs, Brake Assist, Hill Hold Control and Electric Parking Brake
Regular Box Style
Steel Spare Wheel
Full-Size Spare Tire Stored Underbody w/Crankdown
3/12/25, 1:28 PM Sell, service, and deliver letter
https://nationalautofleetgroup.com/OrderRequest/SSDPrint/31551?ws=true&se=true&ssdType=QuickQuote 6/9 Clearcoat Paint
Chrome Rear Step Bumper
Chrome Front Bumper w/Body-Colored Rub Strip/Fascia Accent and 2 Tow Hooks Black Side Windows Trim
Black Door Handles
Black Power Heated Side Mirrors w/Manual Folding
Fixed Rear Window w/Defroster
Variable Intermittent Wipers
Deep Tinted Glass
Aluminum Panels
Black Grille
Tailgate Rear Cargo Access
Tailgate/Rear Door Lock Included w/Power Door Locks
Integrated Storage
Ford Co-Pilot360 - Autolamp Auto On/Off Reflector Led Low/High Beam Auto High-Beam Daytime Running Lights Preference Setting Headlamps w/Delay-Off Cargo Lamp w/High Mount Stop Light
Perimeter/Approach Lights
Headlights-Automatic Highbeams
Front Fog Lamps
Cornering Lights
Radio w/Seek-Scan, Clock, Speed Compensated Volume Control, Steering Wheel Controls, Radio Data System and External Memory Control
Radio: AM/FM Stereo w/6 Speakers -inc: auxiliary audio input jack Fixed Antenna
Cloth 40/20/40 Front Seat -inc: 2-way manual driver/passenger and armrest Front Seats w/Cloth Back Material and Manual Driver Lumbar 2-Way Driver Seat -inc: Manual Lumbar Support
Passenger Seat
60-40 Folding Split-Bench Front Facing Fold-Up Cushion Rear Seat Manual Tilt/Telescoping Steering Column
Gauges -inc: Speedometer, Odometer, Voltmeter, Oil Pressure, Engine Coolant Temp, Tachometer, Transmission Fluid Temp, Trip Odometer and Trip Computer Power Rear Windows
FordPass Connect 5G Mobile Hotspot Internet Access
Front Cupholder
Rear Cupholder
Compass
Remote Keyless Entry w/Integrated Key Transmitter, Illuminated Entry and Panic Button Cruise Control w/Steering Wheel Controls
Manual Air Conditioning
3/12/25, 1:28 PM Sell, service, and deliver letter
https://nationalautofleetgroup.com/OrderRequest/SSDPrint/31551?ws=true&se=true&ssdType=QuickQuote 7/9 HVAC -inc: Underseat Ducts
Locking Glove Box
Full Cloth Headliner
Urethane Gear Shifter Material
Interior Trim -inc: Metal-Look Instrument Panel Insert, Cabback Insulator and Chrome/Metal-Look Interior Accents
Day-Night Rearview Mirror
Driver And Passenger Visor Vanity Mirrors
Mini Overhead Console w/Storage and 1 12V DC Power Outlet Fade-To-Off Interior Lighting
Front And Rear Map Lights
Full Carpet Floor Covering -inc: Carpet Front And Rear Floor Mats Pickup Cargo Box Lights
Smart Device Remote Engine Start
SYNC 4 w/Enhanced Voice Recognition -inc: 12" LCD capacitive touchscreen w/swipe capability, wireless phone connection, cloud connected, AppLink w/App catalog, 911 Assist, Apple CarPlay and Android Auto compatibility, digital owners manual and conversational voice command recognition Instrument Panel Bin, Dashboard Storage, Interior Concealed Storage, Driver / Passenger And Rear Door Bins and 2nd Row Underseat Storage
Power 1st Row Windows w/Driver And Passenger 1-Touch Up/Down Delayed Accessory Power
Power Door Locks w/Autolock Feature
Redundant Digital Speedometer
Trip Computer
Outside Temp Gauge
Digital/Analog Appearance
Manual Adjustable Front Head Restraints and Manual Adjustable Rear Head Restraints 2 Seatback Storage Pockets
Perimeter Alarm
Securilock Anti-Theft Ignition (pats) Immobilizer
Air Filtration
1 12V DC Power Outlet
AdvanceTrac w/Roll Stability Control Electronic Stability Control (ESC) And Roll Stability Control (RSC) ABS And Driveline Traction Control
Side Impact Beams
Dual Stage Driver And Passenger Seat-Mounted Side Airbags Rear Parking Sensors
BLIS (Blind Spot Information System) Blind Spot
PCA with AEB and Intersection Assist
Cross-Traffic Alert with Reverse Brake Assist
Lane Keeping Alert Lane Keeping Assist
3/12/25, 1:28 PM Sell, service, and deliver letter
https://nationalautofleetgroup.com/OrderRequest/SSDPrint/31551?ws=true&se=true&ssdType=QuickQuote 8/9 Lane Keeping Alert Lane Departure Warning
Collision Mitigation-Front
Driver Monitoring-Alert
Evasion Assist
Tire Specific Low Tire Pressure Warning
Dual Stage Driver And Passenger Front Airbags
Airbag Occupancy Sensor
Safety Canopy System Curtain 1st And 2nd Row Airbags
Outboard Front Lap And Shoulder Safety Belts -inc: Rear Center 3 Point, Height Adjusters and Pretensioners
Rear Child Safety Locks
Ford Co-Pilot360 - Reverse Camera Back-Up Camera
3/12/25, 1:28 PM Sell, service, and deliver letter
https://nationalautofleetgroup.com/OrderRequest/SSDPrint/31551?ws=true&se=true&ssdType=QuickQuote 9/9 One Unit (MSRP) One Unit Total % Savings Total Savings
Contract Price $38,030.00 $37,163.42 2.279 % $866.58
Tax (10.5000 %) $3,902.16
Tire fee $8.75
Total $41,074.33
Quoting Department
Account Manager
Email: [email protected]
Office: (855) 289-6572
Fax: (831) 480-8497
3/10/2025 Quote ID: 39166 Order Cut Off Date: TBA
Micah Herd
City of Santa Fe Springs
Finance
11710 Telegraph Road
Finance Department
Santa Fe Springs, California, 90670
Dear Micah Herd,
National Auto Fleet Group is pleased to quote the following vehicle(s) for your consideration.
One (1) New/Unused (2025 Ford Ranger (R4G) XLT 2WD SuperCrew 5' Box 128.7" WB, ) and delivered to your specified location, each for - per the attached specifications.
This vehicle(s) is available under the Sourcewell Contract 091521-NAF . Please reference this Contract number on all purchase orders to National Auto Fleet Group. Payment terms are Net 20 days after receipt of vehicle.
Thank you in advance for your consideration. Should you have any questions, please do not hesitate to call.
Sincerely,
Purchase Order Instructions & Resources
In order to finalize your purchase please submit this purchase packet to your governing body for a purchase order approval and submit your purchase order in the following way:
Email: [email protected]
Fax: (831) 480-8497
Mail: National Auto Fleet Group
490 Auto Center Drive
Watsonville, CA 95076
We will send a courtesy confirmation for your order and a W-9 if needed.
Additional Resources
Learn how to track your vehicle: www.NAFGETA.com Use the upfitter of your choice: www.NAFGpartner.com Vehicle Status: [email protected] General Inquiries: [email protected] For general questions or assistance please contact our main office at:
1-855-289-6572
Vehicle Configuration Options
ENGINE
Code Description
99H Engine: 2.3L EcoBoost, (STD)
TRANSMISSION
Code Description
44T Transmission: Electronic 10-Speed Automatic, (STD)
WHEELS
Code Description
64H Wheels: 17" Gray-Painted Aluminum, (STD)
PRIMARY PAINT
Code Description
YZ Oxford White
SEAT TYPE
Code Description
BH Ebony, Cloth Front Bucket Seats, -inc: 8-way manual adjustable driver including lumbar, 6-way manual adjustable passenger, driver and passenger manual reclining seats, flow-through console and floor shift AXLE RATIO
Code Description
___ 3.73 Axle Ratio, (STD)
ADDITIONAL EQUIPMENT
Code Description
53R Trailer Tow Package, -inc: towing capability up to TBD lbs and 4-pin/7-pin wiring harness, Class IV Trailer Hitch Receiver 67P Advanced Towing Package, -inc: Trailer Brake Controller, Trailer Tow Package, towing capability up to TBD lbs and 4-pin/7- pin wiring harness, Class IV Trailer Hitch Receiver, Pro Trailer Backup Assist 153 Front License Plate Bracket, -inc: Standard in states where required by law, optional to all others ___ Equipment Group 300A Standard savings
OPTION PACKAGE
Code Description
300A Equipment Group 300A Standard
2025 Ford Ranger XLT 2WD SuperCrew 5' Box 128.7" WB
CODE MSRP
R4G $36,110.00
99H $0.00
44T $0.00
64H $0.00
YZ $0.00
BH $0.00
___ $0.00
53R INC
67P $825.00
153 $0.00
___ ($500.00)
300A $0.00
$36,435.00
$0.00
$1,595.00
$38,030.00
Est City: 17 (2024) MPG
Est Highway: 23 (2024) MPG
Est Highway Cruising Range: 598.00 mi
2025 Fleet/Non-Retail Ford Ranger XLT 2WD SuperCrew 5' Box 128.7" WB WINDOW STICKER
MODEL
2025 Ford Ranger XLT 2WD SuperCrew 5' Box 128.7" WB
OPTIONS
Engine: 2.3L EcoBoost, (STD)
Transmission: Electronic 10-Speed Automatic, (STD)
Wheels: 17" Gray-Painted Aluminum, (STD)
Oxford White
Ebony, Cloth Front Bucket Seats, -inc: 8-way manual adjustable driver including lumbar, 6-way manual adjustable passenger, driver and passenger manual reclining seats, flow-through console and floor shift
3.73 Axle Ratio, (STD)
Trailer Tow Package, -inc: towing capability up to TBD lbs and 4-pin/7-pin wiring harness, Class IV Trailer Hitch Receiver Advanced Towing Package, -inc: Trailer Brake Controller, Trailer Tow Package, towing capability up to TBD lbs and 4-pin/7-pin wiring harness, Class IV Trailer Hitch Receiver, Pro Trailer Backup Assist Front License Plate Bracket, -inc: Standard in states where required by law, optional to all others Equipment Group 300A Standard savings
Equipment Group 300A Standard
Please note selected options override standard equipment
SUBTOTAL
Advert/ Adjustments
Manufacturer Destination Charge
TOTAL PRICE
Any performance-related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions.
Notes
Standard Equipment
MECHANICAL
Engine: 2.3L EcoBoost -inc: auto start-stop technology (STD) Transmission: Electronic 10-Speed Automatic -inc: selectable drive modes: normal, ECO, sport, tow/haul and slippery (STD)
3.73 Axle Ratio (STD)
EXTERIOR
Wheels: 17" Gray-Painted Aluminum (STD)
TIRES
Tires: 255/70R17 All-Terrain BSW
ADDITIONAL EQUIPMENT
SULEV Emissions System
Engine Auto Stop-Start Feature
Transmission w/Driver Selectable Mode and SelectShift Sequential Shift Control Rear-Wheel Drive
70-Amp/Hr 700CCA Maintenance-Free Battery w/Run Down Protection 150 Amp Alternator
Towing Equipment -inc: Trailer Sway Control
Trailer Wiring Harness
1805# Maximum Payload
GVWR: 6,050 lbs
Gas-Pressurized Shock Absorbers
Front Anti-Roll Bar
Electric Power-Assist Speed-Sensing Steering
18 Gal. Fuel Tank
Single Stainless Steel Exhaust
Short And Long Arm Front Suspension w/Coil Springs
Solid Axle Rear Suspension w/Leaf Springs
4-Wheel Disc Brakes w/4-Wheel ABS, Front Vented Discs, Brake Assist, Hill Hold Control and Electric Parking Brake Regular Box Style
Steel Spare Wheel
Full-Size Spare Tire Stored Underbody w/Crankdown
Clearcoat Paint
Black Rear Step Bumper
Black Front Bumper
Gray Painted Front Fascia & Rear Bumper
Black Wheel Well Trim
Black Side Windows Trim and Black Front Windshield Trim Black Door Handles
Black Power Side Mirrors w/Power Folding
Sliding Rear Window w/Defroster
Variable Intermittent Wipers
Deep Tinted Glass
Galvanized Steel/Aluminum Panels
Front License Plate Bracket
Sport Box Decal
Gray Painted Center Bar & Grille Surround
Tailgate Rear Cargo Access
Tailgate/Rear Door Lock Included w/Power Door Locks
Cargo Lamp w/High Mount Stop Light
Headlights-Automatic Highbeams
Autolamp Auto On/Off Reflector Led Low/High Beam Auto High-Beam Daytime Running Lights Preference Setting Headlamps w/Delay-Off Front Fog Lamps
LED Brakelights
Sport Appearance Package
Radio w/Seek-Scan, Clock, Speed Compensated Volume Control and Steering Wheel Controls Radio: AM/FM Stereo -inc: 6 speakers and A and C USB ports Streaming Audio
Integrated Roof Antenna
SiriusXM Satellite Radio -inc: a 3-month prepaid subscription, Service is not available in Alaska and Hawaii, SiriusXM audio and data services each require a subscription sold separately, or as a package, by Sirius XM Radio Inc, If you decide to continue service after your trial, the subscription plan you choose will automatically renew thereafter and you will be charged according to your chosen payment method at then-current rates, Fees and taxes apply, To cancel you must call SiriusXM at 1-866-635-2349, See SiriusXM customer agreement for complete terms at www.siriusxm.com, All fees and programming subject to change, Sirius, XM and all related marks and logos are trademarks of Sirius XM Radio Inc
SYNC 4A w/Connected Navigation -inc: connected navigation (1 year trial), enhanced voice recognition communications and entertainment system, 10" touchscreen in center stack w/swipe capability, AppLink, 911 Assist and Apple CarPlay and Android Auto compatibility
2 LCD Monitors In The Front
Driver Seat
Passenger Seat
Full Folding Bench Front Facing Fold-Up Cushion Rear Seat Manual Tilt/Telescoping Steering Column
Gauges -inc: Speedometer, Odometer, Voltmeter, Oil Pressure, Engine Coolant Temp, Transmission Fluid Temp, Trip Odometer and Trip Computer
Power Rear Windows
Front Cupholder
Rear Cupholder
2 12V DC Power Outlets
Compass
Remote Keyless Entry w/Integrated Key Transmitter, Illuminated Entry and Panic Button Cruise Control w/Steering Wheel Controls
Voice Activated Manual Air Conditioning
HVAC -inc: Underseat Ducts
Locking Glove Box
Full Cloth Headliner
Interior Trim -inc: Piano Black/Metal-Look Instrument Panel Insert, Cabback Insulator and Chrome Interior Accents Cloth Door Trim Insert
Leather Gear Shifter Material
Cloth Front Bucket Seats -inc: 8-way manual adjustable driver including lumbar, 6-way manual adjustable passenger, driver and passenger manual reclining seats, flow-through console and floor shift Day-Night Auto-Dimming Rearview Mirror
Driver And Passenger Visor Vanity Mirrors
Full Floor Console w/Covered Storage, Full Overhead Console w/Storage, 2 12V DC Power Outlets and 2 120V AC Power Outlets Front And Rear Map Lights
Fade-To-Off Interior Lighting
Full Carpet Floor Covering -inc: Carpet Front And Rear Floor Mats Pickup Cargo Box Lights
Smart Device Remote Engine Start
Tracker System
FOB Controls -inc: Remote Start
Integrated Navigation System w/Voice Activation
Instrument Panel Bin, Dashboard Storage, Driver / Passenger And Rear Door Bins and 2nd Row Underseat Storage Power 1st Row Windows w/Driver And Passenger 1-Touch Up/Down Delayed Accessory Power
Power Door Locks w/Autolock Feature
Driver Information Center
Redundant Digital Speedometer
Trip Computer
Outside Temp Gauge
Digital/Analog Appearance
Manual w/Tilt Front Head Restraints and Manual Adjustable Rear Head Restraints Rear Center Armrest
Perimeter Alarm
Securilock Anti-Theft Ignition (pats) Immobilizer
2 12V DC Power Outlets and 2 120V AC Power Outlets
AdvanceTrac w/Roll Stability Control Electronic Stability Control (ESC) And Roll Stability Control (RSC) ABS And Driveline Traction Control
Side Impact Beams
Dual Stage Driver And Passenger Seat-Mounted Side Airbags Pre-Collision Assist with Automatic Emergency Braking (AEB) Lane Keeping Alert Lane Keeping Assist
Lane Keeping Alert Lane Departure Warning
Collision Mitigation-Front
Reverse Sensing System Rear Parking Sensors
BLIS with Trailer Tow Coverage Blind Spot
Reverse Brake Assist
Driver Monitoring-Alert
Tire Specific Low Tire Pressure Warning
Dual Stage Driver And Passenger Front Airbags
Safety Canopy System Curtain 1st And 2nd Row Airbags
Airbag Occupancy Sensor
Restricted Driving Mode
Rear Child Safety Locks
Outboard Front Lap And Shoulder Safety Belts -inc: Rear Center 3 Point, Height Adjusters and Pretensioners Ford Co-Pilot360 - Reverse Camera Back-Up Camera