Agenda packet, first session — Santa Fe Springs City Council, June 17, 2025 (part 1 of 3)

Agenda

06.17.2025 - CITY COUNCIL MEETING AGENDA.PDF
Meeting Materials
JUNE 17, 2025, MEETING VIDEO

06.17.2025 AGENDA PACKET.PDF

1. Documents:

2. Documents:

CITY OF SANTA FE SPRINGS

MEETINGS OF THE PUBLIC FINANCING AUTHORITY,

WATER UTILITY AUTHORITY, HOUSING SUCCESSOR,

SUCCESSOR AGENCY, AND CITY COUNCIL
AGENDA
TUESDAY, JUNE 17, 2025
AT 5:00 P.M.

CITY HALL COUNCIL CHAMBERS
11710 TELEGRAPH ROAD
SANTA FE SPRINGS, CA 90670

CITY COUNCIL
William K. Rounds, Mayor
Joe Angel Zamora, Mayor Pro Tem
Annette Rodriguez, Councilmember
Juanita Martin, Councilmember
John M. Mora, Councilmember

CITY MANAGER CITY ATTORNEY
René Bobadilla, P.E. Rick Olivarez

CITY STAFF
Assistant City Manager Nicholas Razo
Fire Chief Chad Van Meeteren
Police Chief Aviv Bar
Director of Community Development Cuong Nguyen
Director of Community Services Maricela Balderas
Director of Finance Julio Morales
Director of Parks & Recreation Gus Hernandez
Director of Police Services Arlene Salazar
Director of Public Works James Enriquez
City Clerk Fernando N. Muñoz
June 17, 2025: City Council Meeting Page 2 of 10

NOTICES
This City Council Meeting (“Council”) will be held in person and will meet at City Hall – City Council Chambers, 11710 E. Telegraph Road, Santa Fe Springs, California. The meeting will be live streamed on the City’s YouTube Channel and can be accessed on the City’s website via the following link:
https://santafesprings.gov/city_council/city_council_meetings/index.php Americans with Disabilities Act: In compliance with the ADA, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Clerk’s Office. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.

SB 1439: Effective January 1, 2025, City Council Members are subject to SB 1439 and cannot participate in certain decisions for a year after accepting campaign contributions of more than $500 from an interested person. The Council Member would need to disclose the donation and abstain from voting.

Public Comments: The public is encouraged to address City Council on any matter listed on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council on the day of the meeting, please fill out a speaker card provided at the door and submit it to City Clerk staff. You may also submit comments in writing by sending them to the City Clerk's Office at [email protected]. All written comments received by 12:00 p.m. the day of the City Council Meeting will be distributed to the City Council and made a part of the official record of the meeting. Written comments will not be read at the meeting, only the name of the person submitting the comment will be announced. Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future City Council meeting.

Council Meeting Start Times: If there is a closed session or study session scheduled on the agenda, the regular meeting shall be scheduled to start at 5:00 p.m. and open session shall start at 6:00 p.m. If there is no closed session or study session scheduled on the agenda, the regular meeting shall be scheduled to start at 6:00 p.m.

Please Note: Staff reports and supplemental attachments are available for inspection online and at the office of the City Clerk in City Hall, during regular business hours 7:30 a.m. – 5:30 p.m., Monday – Thursday. Telephone: (562) 868-0511.

June 17, 2025: City Council Meeting Page 3 of 10

CALL TO ORDER

ROLL CALL

PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, the general public may address the City Council on closed session items only.

Please be aware that the maximum time allotted for members of the public to speak shall not exceed three (3) minutes per speaker. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the City Council.

1. CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATORS: One Matter
(Pursuant to California Government Code Section 54957.6) Agency Designated Representatives: City Manager
Employee organizations: Santa Fe Springs City Employees’ Association and Santa Fe Springs Management and Confidential Employees' Association

CLOSED SESSION REPORT
REGULAR SESSION – BEGINNING AT 6:00 P.M.

INVOCATION

PLEDGE OF ALLEGIANCE

INTRODUCTIONS

PRESENTATIONS

2. RECOGNITION OF YOUTH SOCCER TEAM FOR WINNING TOURNAMENT (PARKS & RECREATION)

3. BEST OF SFS: INSPIRING SERVICES – “THE POWER OF GIVING BACK” (PARKS & RECREATION)

4. PRESENTATION OF APPRECIATION TO ESPN LA AND THE ESPARZA

FAMILY (PARKS & RECREATION)

5. EVERY 15 MINUTES (PARKS & RECREATION)

6. LOS ANGELES COUNTY VECTOR CONTROL – MOSQUITO SEASON

PRESENTATION (CITY MANAGER)

7. NORTH STAR ALLIANCES PRESENTATION (PARKS & RECREATION)

8. RECOGNITION OF KATHIE FINK (CITY MANAGER)
June 17, 2025: City Council Meeting Page 4 of 10

CHANGES TO AGENDA

PUBLIC COMMENTS ON NON-AGENDA & NON-PUBLIC HEARING AGENDA ITEMS At this time, the general public may address the City Council on both non-agenda and nonpublic hearing agenda items. Comments relating to public hearing items will be heard during the public hearing. Please be aware that the maximum time allotted for members of the public to speak shall not exceed three (3) minutes per speaker. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the City Council.

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST

PUBLIC HEARING

9. PUBLIC HEARING AND STATUS UPDATE ON STAFF VACANCIES IN COMPLAINCE WITH ASSEMBLY BILL 2561 (2024) (HUMAN RESOURCES) RECOMMENDATION: It is recommended that the City Council:
1) Conduct a public hearing and receive and file the report.

OLD BUSINESS

10. COMMERCIAL STREET IMPROVEMENTS FOR SPRINGDALE AVENUE, WAKEMAN STREET AND JOHN STREET – AWARD OF CONTRACT
(PUBLIC WORKS)
RECOMMENDATION: It is recommended that the City Council:
1) Find and declare that Sequel Contractors, Inc. of Santa Fe Springs, California does not meet the requirements of a Responsible Bidder as defined in California Public Contract Code Section 1103 and reject as non-responsible the apparent low bid received from Sequel in the amount of $1,494,165; and 2) Award a construction contract to the 2nd apparent low bidder Hardy & Harper, Inc. of Lake Forest, California in the amount of $1,605,000 for the construction of the Commercial Street Improvements for Springdale Avenue, Wakeman Street and John Street and authorize the City Manager to execute the agreement; and 3) Appropriate $1,095,000 from the Measure SFS Fund for the Commercial Street Improvements for Springdale Avenue, Wakeman Street and John Street Project distributed to Account No. PW220106 (Springdale Avenue) in the amount of $365,000, Account No. PW220501 (Wakeman Street) in the amount of $365,000 and to Account No. PW220105 (John Street) in the amount of $365,000; and 4) Take such additional, related action that may be desirable.

June 17, 2025: City Council Meeting Page 5 of 10

11. STAGE ROAD AND ISELI ROAD STREET IMPROVEMENTS – AWARD OF

CONTRACT (PUBLIC WORKS)
RECOMMENDATION: It is recommended that the City Council:
1) Find and declare that Sequel Contractors, Inc. of Santa Fe Springs, California does not meet the requirements of a Responsible Bidder as defined in California Public Contract Code Section 1103 and reject as non-responsible the apparent low bid received from Sequel in the amount of $1,136,100; and 2) Award a construction contract to the 2nd apparent low bidder Toro Enterprises, Inc. of Oxnard, California in the amount of $1,219,264.50 for the construction of the Stage Road and Iseli Road Street Improvements and authorize the City Manager to execute the agreement; and
3) Deprogram $1,737,800 of Capital Improvement Fund Reserves, previously appropriated in Account No. PW250102 for the Stage Road and Iseli Road Street Improvements Project; and
4) Appropriate $1,737,800 from the Measure SFS Fund for the Stage Road and Iseli Road Street Improvements Project to Account No. PW250102; and 5) Take such additional, related action that may be desirable.

REGULAR BUSINESS

12. RECOMMENDATION FOR NAMING OF THE AQUATIC CENTER TO PAUL T.

NAKAMURA REGIONAL AQUATIC CENTER (PARKS & RECREATION)
RECOMMENDATION: It is recommended that the City Council:
1) Approve the naming of the City's Aquatic Center as the Paul T. Nakamura Regional Aquatic Center, in recognition of Mr. Nakamura’s honorable service to the City and ultimate sacrifice while serving his country. 2) Take such additional, related action that may be desirable

13. ADOPT RESOLUTION NO. 9964 APPROVING AND ADOPTING THE FISCAL YEAR (FY) 2025-26 OPERATING BUDGET (FINANCE)
RECOMMENDATION: It is recommended that the City Council:
1) Adopt the FY 2025-26 Proposed Budget for the City, Water Utility Authority, Successor Agency, and Housing Successor Agency, as detailed in the proposed budget document and adjusted as discussed in this report (this includes all the forecasted revenue estimates, expenditure allocations, and related transfers).

June 17, 2025: City Council Meeting Page 6 of 10

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine. Any items a Councilmember wishes to discuss should be designated at this time. All other items may be approved in a single motion. Such approval will also waive the reading of any Ordinance.

PUBLIC FINANCING AUTHORITY

14. MINUTES OF THE MAY 20, 2025 PUBLIC FINANCING AUTHORITY MEETINGS (CITY CLERK)
RECOMMENDATION: It is recommended that the Public Financing Authority:
1) Approve the minutes as submitted.

15. MONTHLY REPORT ON THE STATUS OF DEBT INSTRUMENTS ISSUED

THROUGH THE CITY OF SANTA FE SPRINGS PUBLIC FINANCING AUTHORITY (PFA) (FINANCE)
RECOMMENDATION: It is recommended that the Public Financing Authority:
1) Receive and file the report.

WATER UTILITY AUTHORITY

16. MINUTES OF THE MAY 20, 2025 WATER UTILITY AUTHORITY MEETINGS (CITY CLERK)
RECOMMENDATION: It is recommended that the Water Utility Authority:
1) Approve the minutes as submitted.

17. MONTHLY REPORT ON THE STATUS OF DEBT INSTRUMENTS ISSUED

THROUGH THE CITY OF SANTA FE SPRINGS WATER UTILITY AUTHORITY (WUA) (FINANCE)
RECOMMENDATION: It is recommended that the Water Utility Authority:
1) Receive and file the report.

HOUSING SUCCESSOR

18. MINUTES OF THE MAY 20, 2025 HOUSING SUCCESSOR MEETINGS (CITY CLERK)
RECOMMENDATION: It is recommended that the Housing Successor:
1) Approve the minutes as submitted.

June 17, 2025: City Council Meeting Page 7 of 10

SUCCESSOR AGENCY

19. MINUTES OF THE MAY 20, 2025 SUCCESSOR AGENCY MEETINGS (CITY CLERK)
RECOMMENDATION: It is recommended that the Successor Agency:
1) Approve the minutes as submitted.

CITY COUNCIL

20. MINUTES OF THE MAY 20 AND 22, 2025 REGULAR AND SPECIAL CITY

COUNCIL MEETINGS (CITY CLERK)
RECOMMENDATION: It is recommended that the City Council:
1) Approve the minutes as submitted.

21. MEASURE SFS COMMERCIAL STREETS IMPROVEMENT PROGRAM ON-CALL PROFESSIONAL DESIGN SERVICES – AWARD OF CONTRACT
(PUBLIC WORKS)
RECOMMENDATION: It is recommended that the City Council:
1) Authorize the City Manager to execute a master Professional Services Agreement for on-call engineering design services with the following consultants: 1) Mark Thomas & Company, Inc.; 2) NV5; Inc. and 3) Dewberry Engineers, Inc., each for a maximum aggregate fee not to-exceed $1.5 million; and 2) Take such additional, related, action that may be desirable.

22. HERITAGE SPRINGS ASSESSMENT DISTRICT NO. 2001-01 (HAWKINS STREET AND PALM DRIVE) – ADOPTION OF RESOLUTION NO. 9959 AND RESOLUTION NO. 9960 (PUBLIC WORKS)
RECOMMENDATION: It is recommended that the City Council:
1) Adopt Resolution No. 9959 approving the Engineer’s Report (Fiscal Year 2025/26) in conjunction with the annual levy of assessments for the Heritage Springs Assessment District No. 2001-01; and
2) Adopt Resolution No. 9960 declaring the City of Santa Fe Springs’ intention to provide for an annual levy and collection of assessments for Heritage Springs Assessment District No. 2001-01 (Hawkins Street and Palm Drive), and setting the public hearing for the Council meeting of July 1, 2025, at 6:00 p.m.; and June 17, 2025: City Council Meeting Page 8 of 10
3) Take such additional, related action that may be desirable.

23. SANTA FE SPRINGS LIGHTING DISTRICT NO. 1 – ADOPTION OF RESOLUTION NO. 9961 AND RESOLUTION NO. 9962 (PUBLIC WORKS)
RECOMMENDATION: It is recommended that the City Council:
1) Adopt Resolution No. 9961, approving the Engineer’s Report (Fiscal Year 2025/26) in conjunction with the annual levy of assessments for Street Lighting District No. 1; and
2) Adopt Resolution No. 9962, declaring the City of Santa Fe Springs’ intention to provide for an annual levy and collection of assessments for Lighting District No. 1, and setting the public hearing for the Council meeting on July 1, 2025, at 6:00 p.m.; and
3) Take such additional, related, action that may be desirable.

24. APPROVAL OF TITLE VI PLAN INCLUDING PUBLIC PARTICIPATION PLAN (PPP), LIMITED ENGLISH PROFICIENCY (LEP) POLICY, AND COMPLAINT

PROCEDURES (PUBLIC WORKS)
RECOMMENDATION: It is recommended that the City Council:
1) Adopt the Title VI Non-Discrimination Program, including the Public Participation Plan, Limited English Proficiency Policy, and Title VI Complaint Procedures; and 2) Authorize the City Manager or designated official to submit the program and sign the required Assurance of Compliance.
3) Take such additional, related action that may be desirable.

25. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH HUGHES MARINO, INC. FOR REAL ESTATE CONSULTANT SERVICES
(COMMUNITY DEVELOPMENT)
RECOMMENDATION: It is recommended that the City Council:
1) Approve the Professional Service Agreement (PSA) between the City of Santa Fe Springs and Hughes Marino, Inc.; and
2) Authorize the City Manager to execute the agreement and serve as the City’s representative under the agreement; and
3) Determine that the action is categorically exempt under the California Environmental Quality Act (CEQA); and
4) Take such additional, related action that may be desirable.

June 17, 2025: City Council Meeting Page 9 of 10

26. INITIAL QUARTERLY UPDATE – COMPREHENSIVE ZONING CODE UPDATE

PROJECT (COMMUNITY DEVELOPMENT)
RECOMMENDATION: It is recommended that the City Council:
1) Receive and file this update on the Comprehensive Zoning Code Update project.

27. KOSMONT COMPANIES, INC & DEODATE CORPORATION – ADDITIONAL

APPROPRIATION OF FUNDS (COMMUNITY DEVELOPMENT)
RECOMMENDATION: It is recommended that the City Council:
1) Authorize the City Manager to execute Change Order No. 1 to the contract with Kosmont Companies, Inc. to complete the Economic Development Opportunities Plan (EDOP) and conduct additional work related to the implementation of the EDOP in an aggregate amount of $75,000; and
2) Authorize the City Manager to execute Change Order No. 1 to the contract with DEODATE Corporation to complete work related to ongoing real estate services in an aggregate amount of $100,000; and
3) Take such additional, related action that may be desirable.

28. RESOLUTION OF INTENTION TO FORM AN ENAHANCED INFRASTRUCTURE DISTRICT (EIFD); ESTABLISH THE SANTA FE SPRINGS EIFD PUBLIC FINANCE AUTHORITY; AND APPOINT THE MAYOR AND MAYOR PRO TEM TO THE EIFD

PUBLIC FINANCE AUTHORITY (COMMUNITY DEVELOPMENT)
RECOMMENDATION: It is recommended that the City Council:
1) Adopt Resolution No. 9954, declaring its intention to establish the Santa Fe Springs Enhanced Infrastructure Financing District (EIFD) and establishing the Santa Fe Springs EIFD Public Financing Authority (PFA); and 2) Appoint the Mayor and Mayor Pro Tem to the Public Financing Authority Board, and appoint one member of the City Council as alternate Board member; 3) Take such additional, related action that may be desirable.

29. AUTHORIZATION TO ISSUE BLANKET PURCHASE
ORDERS/AUTHORIZATIONS FOR FISCAL YEAR 2025 - 26 (FINANCE) RECOMMENDATION: It is recommended that the City Council:
1) Authorize issuing Blanket Purchase Orders/Authorization amounts to various vendors for purchases occurring during Fiscal Year 2025-26; and June 17, 2025: City Council Meeting Page 10 of 10
2) Authorize the City Manager to approve up to an additional ten (10) percent for each purchase order, if necessary, during the same fiscal year; and 3) Take such additional, related action that may be desirable.

APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS
COUNCIL COMMENTS/AB1234 COUNCIL CONFERENCE REPORTING
Council member announcements; requests for future agenda items; conference/meetings reports. Members of the City Council will provide a brief report on meetings attended at the expense of the local agency as required by Government Code Section 53232.3(d).

ADJOURNMENT
I, Fernando N. Muñoz, City Clerk for the City of Santa Fe Springs hereby certify that a copy of this agenda has been posted no less than 72 hours at the following locations; City’s website at www.santafesprings.gov; Santa Fe Springs City Hall, 11710 Telegraph Road; Santa Fe Springs City Library, 11700 Telegraph Road; and the Town Center Plaza (Kiosk), 11740 Telegraph Road.

CITY OF SANTA FE SPRINGS

MEETINGS OF THE PUBLIC FINANCING AUTHORITY,

WATER UTILITY AUTHORITY, HOUSING SUCCESSOR,

SUCCESSOR AGENCY, AND CITY COUNCIL
AGENDA
TUESDAY, JUNE 17, 2025
AT 5:00 P.M.

CITY HALL COUNCIL CHAMBERS
11710 TELEGRAPH ROAD
SANTA FE SPRINGS, CA 90670

CITY COUNCIL
William K. Rounds, Mayor
Joe Angel Zamora, Mayor Pro Tem
Annette Rodriguez, Councilmember
Juanita Martin, Councilmember
John M. Mora, Councilmember

CITY MANAGER CITY ATTORNEY
René Bobadilla, P.E. Rick Olivarez

June 17, 2025: City Council Meeting Page 3 of 10

CALL TO ORDER

ROLL CALL

PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, the general public may address the City Council on closed session items only.

CLOSED SESSION REPORT
REGULAR SESSION – BEGINNING AT 6:00 P.M.

INVOCATION

PLEDGE OF ALLEGIANCE

INTRODUCTIONS

PRESENTATIONS

2. RECOGNITION OF YOUTH SOCCER TEAM FOR WINNING TOURNAMENT (PARKS & RECREATION)

3. BEST OF SFS: INSPIRING SERVICES – “THE POWER OF GIVING BACK” (PARKS & RECREATION)

4. PRESENTATION OF APPRECIATION TO ESPN LA AND THE ESPARZA

FAMILY (PARKS & RECREATION)

5. EVERY 15 MINUTES (PARKS & RECREATION)

6. LOS ANGELES COUNTY VECTOR CONTROL – MOSQUITO SEASON

PRESENTATION (CITY MANAGER)

7. NORTH STAR ALLIANCES PRESENTATION (PARKS & RECREATION)

8. RECOGNITION OF KATHIE FINK (CITY MANAGER)
June 17, 2025: City Council Meeting Page 4 of 10

CHANGES TO AGENDA

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST

PUBLIC HEARING

OLD BUSINESS

June 17, 2025: City Council Meeting Page 5 of 10

11. STAGE ROAD AND ISELI ROAD STREET IMPROVEMENTS – AWARD OF

REGULAR BUSINESS

12. RECOMMENDATION FOR NAMING OF THE AQUATIC CENTER TO PAUL T.

June 17, 2025: City Council Meeting Page 6 of 10

PUBLIC FINANCING AUTHORITY

14. MINUTES OF THE MAY 20, 2025 PUBLIC FINANCING AUTHORITY MEETINGS (CITY CLERK)
RECOMMENDATION: It is recommended that the Public Financing Authority:
1) Approve the minutes as submitted.

15. MONTHLY REPORT ON THE STATUS OF DEBT INSTRUMENTS ISSUED

THROUGH THE CITY OF SANTA FE SPRINGS PUBLIC FINANCING AUTHORITY (PFA) (FINANCE)
RECOMMENDATION: It is recommended that the Public Financing Authority:
1) Receive and file the report.

WATER UTILITY AUTHORITY

16. MINUTES OF THE MAY 20, 2025 WATER UTILITY AUTHORITY MEETINGS (CITY CLERK)
RECOMMENDATION: It is recommended that the Water Utility Authority:
1) Approve the minutes as submitted.

17. MONTHLY REPORT ON THE STATUS OF DEBT INSTRUMENTS ISSUED

THROUGH THE CITY OF SANTA FE SPRINGS WATER UTILITY AUTHORITY (WUA) (FINANCE)
RECOMMENDATION: It is recommended that the Water Utility Authority:
1) Receive and file the report.

HOUSING SUCCESSOR

18. MINUTES OF THE MAY 20, 2025 HOUSING SUCCESSOR MEETINGS (CITY CLERK)
RECOMMENDATION: It is recommended that the Housing Successor:
1) Approve the minutes as submitted.

June 17, 2025: City Council Meeting Page 7 of 10

SUCCESSOR AGENCY

19. MINUTES OF THE MAY 20, 2025 SUCCESSOR AGENCY MEETINGS (CITY CLERK)
RECOMMENDATION: It is recommended that the Successor Agency:
1) Approve the minutes as submitted.

CITY COUNCIL

20. MINUTES OF THE MAY 20 AND 22, 2025 REGULAR AND SPECIAL CITY

COUNCIL MEETINGS (CITY CLERK)
RECOMMENDATION: It is recommended that the City Council:
1) Approve the minutes as submitted.

24. APPROVAL OF TITLE VI PLAN INCLUDING PUBLIC PARTICIPATION PLAN (PPP), LIMITED ENGLISH PROFICIENCY (LEP) POLICY, AND COMPLAINT

June 17, 2025: City Council Meeting Page 9 of 10

26. INITIAL QUARTERLY UPDATE – COMPREHENSIVE ZONING CODE UPDATE

PROJECT (COMMUNITY DEVELOPMENT)
RECOMMENDATION: It is recommended that the City Council:
1) Receive and file this update on the Comprehensive Zoning Code Update project.

27. KOSMONT COMPANIES, INC & DEODATE CORPORATION – ADDITIONAL

28. RESOLUTION OF INTENTION TO FORM AN ENAHANCED INFRASTRUCTURE DISTRICT (EIFD); ESTABLISH THE SANTA FE SPRINGS EIFD PUBLIC FINANCE AUTHORITY; AND APPOINT THE MAYOR AND MAYOR PRO TEM TO THE EIFD

ITEM # 9

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: Elizabeth Ortega, Human Resources Manager
SUBJECT: PUBLIC HEARING AND STATUS UPDATE ON STAFF VACANCIES IN COMPLIANCE WITH ASSEMBLY BILL 2561 (2024)
DATE: June 17, 2025
RECOMMENDATION:

It is recommended that the City Council:
1) Conduct a public hearing and receive and file the report.

FISCAL IMPACT
There is no fiscal impact associated with this status update.

BACKGROUND
On September 22, 2024, Governor Gavin Newsom signed Assembly Bill 2561 (“AB 2561”) into law, adding a section to the Meyers-Milias-Brown Act (“Meyers-Milias Act”) that creates a new obligation for public agencies to publicly address the status of their vacant job positions and their recruitment and retention efforts during a public hearing at least once per fiscal year, and before adopting the final budget. The California Legislature enacted AB 2561 to address widespread vacancies, which, according to the Legislature, can negatively impact the delivery of public service by requiring employees to take on heavier workloads, resulting in burnout and increased turnover.

AB 2561 imposes three (3) requirements on local agencies: 1) at least once per fiscal year and before the final budget is adopted, the agency’s governing board must hold a public hearing and receive the agency’s report on the status of vacancies and recruitment and retention efforts; 2) during the hearing, the agency must identify any necessary changes to policies, procedures, and recruitment activities that may lead to hiring obstacles; and, 3) the agency must allow a bargaining unit representative of a recognized employee organization to make a presentation at the hearing at which the public agency CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 17, 2025
Public Hearing and Update on Staff Vacancies in Compliance with AB 2561 (2024)

Page 2 of 3 ends

presents the status of vacancies and recruitment and retention efforts for positions within that bargaining unit.

ANALYSIS
N/A

ENVIRONMENTAL
N/A

DISCUSSION
If the number of job vacancies within a single bargaining unit meets or exceeds twenty percent (20%) of the total number of authorized full-time positions, the public agency shall, upon request of the recognized employee organization, include all of the following information during the public hearing:
1) The total number of job vacancies within the bargaining unit; 2) The total number of applicants for vacant positions within the bargaining unit; 3) The average number of days to complete the hiring process from when a position is posted, and
4) Opportunities to improve compensation and other working conditions.

The current staff vacancy rate in the City does not exceed the twenty percent (20%) threshold for its bargaining units. The Santa Fe Springs Management and Confidential Employee Association (SFSMEC) representing Management and Confidential employees represent twenty-seven (27) employees, there is a current vacancy rate of

6.89%, the Santa Fe Springs City Employees Association (SFSCEA) represent one hundred twenty-one (121) employees and currently has a vacancy rate of 3.96%.

Currently there are no vacancies in the Santa Fe Springs Firefighters Association (SFSFA) and the Santa Fe Springs Executive Management Association (SFSEMA). Due to department reorganization, some positions were funded but not filled.

While AB 2561 does not specifically mandate a notice of public hearing, the City’s recognized employee associations were provided timely advance notice of the public hearing.

SUMMARY/NEXT STEPS
Based on the foregoing, there are no necessary changes to policies, procedures, and recruitment activities that may avoid hiring obstacles.

CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 17, 2025
Public Hearing and Update on Staff Vacancies in Compliance with AB 2561 (2024)

Page 3 of 3 ends

ITEM STATUS:

APPROVED: ☐
DENIED: ☐
TABLED: ☐
DIRECTION GIVEN: ☐
ATTACHMENT(S):

N/A
ITEM # 10

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: James Enriquez, P.E., Director of Public Works / City Engineer SUBJECT: COMMERCIAL STREET IMPROVEMENTS FOR SPRINGDALE
AVENUE, WAKEMAN STREET AND JOHN STREET – AWARD OF

CONTRACT
DATE: June 17, 2025
RECOMMENDATION:

It is recommended that the City Council:
1) Find and declare that Sequel Contractors, Inc. of Santa Fe Springs, California does not meet the requirements of a Responsible Bidder as defined in California Public Contract Code Section 1103 and reject as non-responsible the apparent low bid received from Sequel in the amount of $1,494,165; and
2) Award a construction contract to the 2nd apparent low bidder Hardy & Harper, Inc. of Lake Forest, California in the amount of $1,605,000 for the construction of the Commercial Street Improvements for Springdale Avenue, Wakeman Street and John Street and authorize the City Manager to execute the agreement; and 3) Appropriate $1,095,000 from the Measure SFS Fund for the Commercial Street Improvements for Springdale Avenue, Wakeman Street and John Street Project distributed to Account No. PW220106 (Springdale Avenue) in the amount of $365,000, Account No. PW220501 (Wakeman Street) in the amount of $365,000 and to Account No. PW220105 (John Street) in the amount of $365,000; and 4) Take such additional, related action that may be desirable.

CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 17, 2025
Commercial Street Improvements for Springdale Avenue, Wakeman Street and John Street – Award of Contract

Page 2 of 4 ends

FISCAL IMPACT
The Commercial Street Improvements for Springdale Avenue, Wakeman Street and John Street Project is an approved Capital Improvement Program (CIP) project. The initial project cost was estimated at $1,470,000 as follows:
• $540,000 for Springdale Avenue (PW220106) - Street Impact Development Fees • $300,000 for Wakeman Street (PW220501) – Redevelopment Bond Fund • $630,000 for John Street (PW220105) - Street Impact Development Fees The total revised project cost has increased due to inflation, escalation, and the cost difference between the originally estimated grind-and-overlay roadway treatment and the full-depth restoration treatment selected by the design consultant to provide a significantly longer design lifespan. The revised total project budget will be $2,265,000 (as summarized below).

An additional appropriation of funds is necessary to complete the project. Staff is now recommending an additional appropriation of $1,095,000 from the Measure SFS fund to fill this shortfall and construct the project. The remaining balance of the project will be funded from available development impact fees, funded through a combination of private development fees and accumulated in the General Fund.

Below is the total project cost breakdown:

Street Improvements (Springdale Avenue, Wakeman Street, John Street) Item: Estimated Project Costs
Construction $ 1,605,000
Design $ 132,000
Engineering $ 145,000
Inspection $ 130,000
Contingency $ 253,000
Total Estimated Project Cost: $ 2,265,000

BACKGROUND
The proposed street improvement project segments are located on Springdale Avenue (from Florence Avenue to Clark Street), Wakeman Street (from Sorensen Avenue to the end of the cul-de-sac), and John Street (from Los Nietos Road to Sorensen Avenue).

Attachment B denotes the three street improvement project segments. All three project segments consist of the pulverization and removal of eleven inches of existing asphalt and base and the placement of fiber-reinforced asphalt concrete pavement over a cement-treated base, as well as the removal and replacement of curb & gutter, sidewalks, curb ramps, parkway drains, and driveways, as needed.

CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 17, 2025
Commercial Street Improvements for Springdale Avenue, Wakeman Street and John Street – Award of Contract

Page 3 of 4 ends

The proposed new pavement sections will eliminate potholes, support heavy repetitive loads generated by trucks/vehicles, increase pavement service life, and allow for a smooth riding roadway.

ANALYSIS
On March 4, 2025, the City Council authorized the advertisement for construction bids for the subject project. The solicitation for construction bids was advertised on March 26, 2025, in accordance with the California Public Uniform Construction Cost Accounting Commission guidelines for formal bidding.

A total of ten bids were received on April 24, 2025. City staff reviewed the proposals and determined that all bid proposals complied with the project specifications. The apparent low bidder for the project was Sequel Contractors, Inc. of Santa Fe Springs, CA with a bid totaling $1,494,165. The tabulated bid results are as follows:

Company Name Audited Bid Formal Bid Submitted

1. Sequel Contractors, Inc. $1,494,165.00 $1,494,165.00 ^

2. Hardy & Harper, Inc. $1,605,000.00 $1,605,000.00

3. All American Asphalt $1,619,165.00 $1,619,165.00

4. R.J. Noble Company $1,638,305.00 $1,650,295.00

5. Onyx Paving Company, Inc. $1,661,000.00 $1,661,000.00

6. Calmex Engineering, Inc. $1,664,492.00 $1,664,492.00

7. Terra Pave, Inc $1,714,325.00 $1,714,325.00

8. Sully-Miller Contracting Co. $1,822,260.00 $1,822,260.00

9. Toro Enterprises, Inc. $1,916,113.75 $1,916,153.75

10.Aneen Construction $2,043,500.00 $2,015,330.00
* R.J. Noble Company, Toro Enterprises, Inc., and Aneen Construction entered incorrect unit costs into Planet Bids resulting in a mathematical error. ^ After reviewing the bids received, staff recommends that the City Council find and declare that Sequel Contractors, Inc. (Sequel), the apparent low bidder, is a nonresponsible bidder. It is further recommended that the City Council reject the bid from Sequel as a non-responsible bidder and award the contract to the 2nd apparent low bidder, Hardy & Harper, Inc. This recommendation is based on Sequel’s poor performance on a current city contract, the Shoemaker Avenue and Broadway Avenue Street Improvement project. Details are provided in the Notice of Finding of Non-Responsibility of Bidder (Attachment C) issued to Sequel on June 10, 2025. It should also be noted that a similar notice was issued by the City to Sequel on April 30, 2019, regarding poor performance on three city projects in 2014 and 2017. The Shoemaker/Broadway Project was the first contract awarded to Sequel by the City since the 2019 notice was issued.

CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 17, 2025
Commercial Street Improvements for Springdale Avenue, Wakeman Street and John Street – Award of Contract

Page 4 of 4 ends

Before taking action to find Sequel non-responsible and before awarding any contract to another bidder, due process requires that the City give Sequel one last opportunity to address the City Council so that it may attempt to rebut the finding of non-responsibility and show that it is qualified to perform the contract.

The bid proposal submitted by Hardy & Harper, Inc. in the amount of $1,605,000, is approximately 12% below the Engineer’s Estimate of $1,831,000 and is acceptable.

The Department of Public Works has reviewed the bids and determined the bid submitted by Hardy & Harper, Inc. to be responsive and responsible.

ENVIRONMENTAL
Pursuant to the guidelines of the California Environmental Quality Act (CEQA), the Commercial Street Improvements for Springdale Avenue, Wakeman Street and John Street Project is categorically exempt under Class 1(c) for existing facilities. Under CEQA, a project is exempt if the scope of work is limited to the repair, maintenance, and minor alterations of an existing facility (existing highways and streets are included examples).

DISCUSSION
These street improvements will improve the structural condition of the existing street segments, enhance traffic operations, and reduce future maintenance costs.

SUMMARY/NEXT STEPS
Upon City Council’s approval of the recommended actions, City staff will coordinate with the Contractor on the delivery of the project.

ATTACHMENTS:

A. Contract Agreement
B. Springdale Avenue, Wakeman Street, and John Street Location Maps C. Notice of Finding of Non-Responsibility of Bidder
ITEM STATUS:

APPROVED: ☐
DENIED: ☐
TABLED: ☐
DIRECTION GIVEN: ☐
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AGREEMENT FOR CONSTRUCTION

COMMERCIAL STREET IMPROVEMENTS FOR SPRINGDALE AVENUE,

WAKEMAN STREET AND JOHN STREET
HARDY & HARPER, INC.

This Agreement for Construction (“Agreement”) is entered into on this 17th day of June, 2025, by and between the CITY OF SANTA FE SPRINGS, a California municipal corporation (“City”) and HARDY & HARPER, INC., a California Corporation, 32 Rancho Circle, Lake Forest, California, 92630, State Contractor’s License No. 215952, (“Contractor”). Hereinafter, the City and the Contractor may be referred to collectively as the “Parties.” The Parties mutually agree as follows: Contractor shall furnish all labor, equipment and materials for, and perform the work of

COMMERCIAL STREET IMPROVEMENTS FOR SPRINGDALE AVENUE, WAKEMAN STREET AND JOHN STREET which is covered in the Contractor’s Bid Proposal (the “Work), in accordance with the provisions and requirements in the Contract Documents as defined by this Agreement.

ARTICLE 1 – CONTRACT DOCUMENTS

1.1 Definitions. The meanings of all capitalized terms used herein and in the Contract Documents and not otherwise defined in this document shall be the same as those definitions set forth in the General and Standard Specifications and Special Provisions.

1.2 Contract Documents. The “Contract Documents,” except for Modifications issued after execution of this Agreement, consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference, are intended to be correlative and constitute Contractor’s performance obligations:
a. Permits from the City’s Building, Planning, and Public Works Departments and similar Governmental Approvals for the Work required by applicable law. b. Change Orders and other Modifications issued after execution of the Agreement. c. This Agreement, as signed by the Parties, including the following exhibit, and Certificates of Insurance and Additional insured endorsements for Contractor:

Exhibit “A” – Workers Compensation Certification
Exhibit “B” – Performance and Payment Bonds
Exhibit “C” – Claims Procedure
d. Addenda with later Addenda having priority over earlier Addenda issued in connection with the Notice Inviting Bids, as follows:

Addendum No. 1, issued April 21, 2025, 2 pages.
e. Contractors Bid Proposal, for the above-referenced Bid No. 2025-02 (comprised of Notice Inviting Bids, Instructions to Bidders and attachments, Bid Schedule of Prices, List of Subcontractors, Proposal, Signature Certification/Authorization, Bid

ATTACHMENT A
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Guaranty, and where applicable, Contractor Qualification Statement and/or Subcontractor Qualification Statement.
f. Special Provisions, General Specifications and Standard Specifications. g. City and other agency’s Standard Drawings.
h. All documents, maps, texts and items referred to in the foregoing documents.

1.3 Interpretation. In the event of any conflict between any of the Contract Documents, the document highest in the order of precedent shall control. The order of precedent shall be the same as that set forth in the 2018 Edition of the Standard Specifications for Public Works Construction, unless otherwise revised in the Special Provisions.

1.4 Entire Agreement. This Agreement together with all other Contract Documents represents the entire and integrated agreement between City and Contractor and supersedes any prior written or oral agreements between them concerning the subject matter contained in the Contract Documents. There are no representations, agreements, arrangements or understandings, oral or written, between the Parties hereto, relating to the subject matter contained in the Contract Documents, which are not fully expressed herein.

ARTICLE 2 - SERVICES OF CONTRACTOR

2.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the Contract Documents, which services may be referred to herein as the “Services” or “Work” hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. Further, Contractor represents that it is knowledgeable and experienced in constructing improvements that are compliant with all applicable accessibility requirements and warrants that all work performed under this agreement will comply with all applicable accessibility requirements.

2.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental having jurisdiction in effect at the time service is rendered, including but not limited to, all applicable accessibility requirements.

2.3 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement, including registration with the Department of Industrial Relations of the State of California as required by Labor Code Section 1725.5 before commencing performance under this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, 2025-02 Commercial Street Improvements for
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assessments, taxes penalties or interest levied, assessed or imposed against City hereunder.

Contractor shall be responsible for all subcontractors' compliance with this Section 2.3.

2.4 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor (a) has thoroughly investigated and considered the scope of services to be performed, including the requirement that the facilities being constructed must comply with all applicable accessibility requirements, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the City.

2.5 Standard of Performance. Contractor, its subcontractors and their employees, in the performance of Contractor’s work under this Agreement shall be responsible for exercising the degree of skill and care required by customarily accepted good professional practices and procedures used in the Contractor’s field. Any costs for failure to meet the foregoing standard or to correct otherwise defective work that requires re-performance of the work, shall be borne in total by the Contractor and not by the City. The failure of a project to achieve the performance goals and objectives stated in this Agreement is not a basis for requesting re-performance unless the work conducted by Contractor and/or its subcontractors is deemed by the City to have failed the foregoing standard of performance.

In the event Contractor fails to perform in accordance with the above standard:

2.5.1. Contractor will re-perform, at its own expense, any task which was not performed to the reasonable satisfaction of City. Any work re-performed pursuant to this paragraph shall be completed within the time limitations originally set forth for the specific task involved. Contractor shall work any overtime required to meet the deadline for the task at no additional cost to the City;

2.5.2. The City shall provide a new schedule for the re-performance of any task pursuant to this paragraph in the event that re-performance of a task within the original time limitations is not feasible; and

2.5.3. The City shall have the option to direct Contractor not to re-perform any task which was not performed to the reasonable satisfaction of the City Manager pursuant to application of subsections 1 and 2 above. In the event the City directs Contractor not to re-perform a task, the City shall negotiate a reasonable settlement for satisfactory work performed. No previous payment shall be considered a waiver of the City’s right to reimbursement.

Nothing contained in this section is intended to limit any of the rights or remedies which the City may have under law.
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2.6 Care of Work. Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence.

2.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. Contractor shall require all subcontractors to comply with the provisions of this Agreement.

2.8 Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply:
a. Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) Subsurface or latent physical conditions at the site different from those indicated; or (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.
b. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue a change order per Section 3.4 of this Agreement. c. That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.

2.9 Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunk line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities. 2025-02 Commercial Street Improvements for
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ARTICLE 3 – CONTRACT PRICE AND PAYMENT

3.1 Contract Price. City shall pay Contractor the Contract Price of One Million Six Hundred Five Thousand Dollars ($1,605,000.00) which includes all California sales or use tax and County and City taxes, in consideration for the Contractor’s full, complete and timely performance of all of the Work required by the Contract Documents. The Contract Price includes any Alternative/Additive Bid Items which were awarded with the Contract.

Contractors agree to allocate the use tax derived from contracts or subcontracts of $5 million or more directly to the job site location by obtaining a sub-permit of the Contractor’s seller’s permit for the jobsite and allocating the local tax to the jobsite address on the appropriate schedule of the applicable sales tax returns. Contractor shall provide City with proof of such filing prior to City’s issuance of the Notice to Proceed.

3.2 Substitution of Securities. In accordance with Section 22300 of the California Public Contract Code, Contractor may substitute securities for any monies withheld by the City to ensure performance of the Contract. Such substitution shall be made at the request and expense of Contractor. Securities equivalent to the amount withheld may be deposited with the City or with a state or federally chartered bank as escrow agent. Securities eligible for substitution shall include those listed in Section 16430 of the Government Code, bank or saving and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by Contractor and City.

3.3 Changes to the Contract Price. Contractor shall not be compensated for any extra materials used or time expended over and above the Contract Price, unless prior written approval for the same has been granted by the City.

3.4 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum as set forth in Section 3.1, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of twenty-five percent (25%) or less of the Contract Sum, or in the time to perform of one hundred eighty (180) days or less may be approved by the Contract Officer. Any increases, taken either separately or cumulatively, that result in the Contract Sum exceeding $50,000 must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be costlier or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore.
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3.5 Payment Procedures.

3.5.1 Progress Payments. All progress payments shall be made in accordance with Public Contract Code § 20104.50, as follows:
a. The City shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request. If the City fails to make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from a contractor on a construction contract the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of § 685.010 of the Code of Civil Procedure. b. Upon receipt of a payment request, the City shall act in accordance with both of the following:
(1) Each payment request shall be reviewed by the City as soon as practicable after receipt for the purpose of determining that the payment request is a proper payment request.
(2) Any payment request determined not to be a proper payment request suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this section shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper. c. The number of days available to the City to make a payment without incurring interest pursuant to §20104.50 of the Public Contract Code shall be reduced by the number of days by which the City exceeds the seven-day return requirement set forth in paragraph (2) of subdivision (b) above.
d. A “progress payment” includes all payments due contractors, except that portion of the final payment designated by the contract as retention earnings. e. A payment request shall be considered properly executed if funds are available for payment of the payment request, and payment is not delayed due to an audit inquiry by the financial officer of the local agency.

3.5.2 Retention. Within sixty (60) calendar days after City accepts final completion of the Work, City shall pay Contractor the amounts City deducted and retained from Contractor’s progress payments, except such sums which are required by applicable law or authorized by the Contract to be further retained. In the event of a dispute between City and Contractor concerning the amount of final payment due, the City may withhold from final payment, including Liquidated Damages provided forth in the Contract Documents, together with an amount not to exceed 150% of the disputed amounts.

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ARTICLE 4 – TIME FOR PERFORMANCE

4.1 Date of Commencement/Notice to Proceed. The date of commencement of the Work shall be established in a written Notice to Proceed issued by the City. The City will not issue a Notice to Proceed to the Contractor until this Agreement, bonds and insurance documents have been executed by all parties and approved by the City.

4.2 Contract Time. Contractor shall perform the Work in a diligent manner and shall complete all of the Work of the Contract, excluding any Plant Establishment, if applicable, within Fifty (50) working days after the date specified to Contractor in the Notice to Proceed issued by then City.

ARTICLE 5 – LIQUIDATED DAMAGES AND INCENTIVE BONUS

5.1 Amounts of Liquidated Damages. Failure of Contractor to complete the Work within the time allowed will result in damages being sustained by City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. For each consecutive working day in excess of the time specified for the completion of Work, as adjusted in accordance with the Standard Specifications, Contractor shall pay to City, or have withheld from monies due Contractor, the sum of Two Thousand Dollars ($2,000). Execution of this Agreement shall constitute agreement by City and Contractor that said sum is the minimum value of the costs and actual damage caused by the failure of Contractor to complete the Work within the allotted time.

Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delay occurs.

ARTICLE 6 – CLAIMS AND DISPUTES

6.1 Claims Procedures. Contractor shall comply with the claims procedure set forth in Public Contract Code Section 9204, a summary of which is attached to this agreement as Exhibit “C.”

6.2 Government Code Claims Procedures. Contractor further acknowledges that notwithstanding Contractor’s compliance with the claims procedures set forth herein, Contractor must also comply with the claims procedures set forth in Government Code sections 900 et seq. prior to filing a lawsuit against the City for any such claim. Failure to submit a Government Code claim or comply with the claims provision contained herein shall bar Contractor from bringing and maintaining a valid lawsuit against the City.

6.3 Cooperation and Notification. In the event any claim or action is brought against City relating to Contractor’s performance or services rendered under this Agreement, Contractor shall render any reasonable assistance and cooperation which City might require. The City shall provide notification to Contractor within ten (10) business days upon receipt of any third party claim relating to this Agreement.

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ARTICLE 7 – LOCAL BUSINESS LICENSE, TAXES AND FEES

7.1 Business Tax Certificate and Governmental Approvals. As a condition of the Contract, Contractor and all subcontractors shall, during the term of this Agreement, secure and annually renew business tax certificates pursuant to Chapter 35.070, et seq. of the Santa Fe Springs Municipal Code to operate in the City, and shall also secure and maintain at all times during performance of the Work, any other licenses, fees, permits or similar Governmental Approvals required by Applicable law.

7.2 Offsets. Contractor acknowledges and agrees that with respect to any business tax or penalties thereon, utility charges, invoiced fee or other debt which is owed, or which becomes owed, by Contractor to City, City reserves the right to withhold and offset said amounts from any payments, refunds or reimbursements owed by City to Contractor under the Contract. Notice of such withholding and offset shall promptly be given to Contractor by City in writing. In the event of a dispute as to the amount owed or whether such amount is owed to City, City will hold such disputed amount until either the appropriate appeal process has been completed or until the dispute has been resolved.

ARTICLE 8 – BONDS

8.1 Performance and Payment Bonds. Prior to City’s execution of this Agreement, Contractor shall furnish to the City two (2) duly executed surety bonds using the forms included within the Bidding Requirements, one (1) as security for the faithful performance of the Contract and one (1) as security for the payment of all persons performing labor and furnishing materials in connection with the Contract. Both bonds shall be in the amount of one hundred percent (100%) of the Contract Price and shall be subscribed by an Admitted Surety Insurer which is authorized to transact surety insurance business in the State of California with a policy holder’s rating of Aor higher and a Financial Class of VII or larger. Should any bond or surety become insufficient, Contractor shall furnish City a new bond within ten (10) days after receiving notice from City. No payments will be due or paid under the Contract until any and all bond deficiencies have been remedied. Contractor, by execution of this Agreement acknowledges that the bonds are not Contract Documents, but are separate obligations.

ARTICLE 9 – WORKERS’ COMPENSATION INSURANCE

9.1 Workers’ Compensation Insurance Certificate. By executing this Agreement, Contractor certifies that Contractor is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers’ compensation or to undertake self-insurance before commencing any of the Work. Contractor shall comply with Labor Code Section 1861 by signing and filing the workers’ compensation certification attached hereto as Exhibit “A” and incorporated herein by reference.

9.2 Evidence of Coverage. Prior to the City’s execution of this agreement, Contractor shall file with the City either 1) a certificate of insurance or self-insurance evidencing that such insurance is in effect, or that Contractor is self-insured for such coverage; or 2) a certified statement that Contractor has no employees, and acknowledging that if Contractor does employ any person, 2025-02 Commercial Street Improvements for
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the necessary certificate of insurance will immediately be filed with City. Any Certificate filed with the City shall provide that City shall be given ten (10) days prior written notice before modification or cancellation thereof.

9.3 Carrier Rating. Contractor’s workers’ compensation insurance carrier shall be authorized to transact insurance business in the State of California with a policy holder’s rating of A- or higher and a Financial Class of VII or larger.

9.4 Subcontractor Worker’s Compensation Insurance. Contractor shall require each of its Subcontractors to obtain and maintain for the duration of this Agreement, complete workers’ compensation insurance, meeting or exceeding the coverage’s and amounts that California law requires.

ARTICLE 10 – CONTRACTOR’S LIABILITY INSURANCE

10.1 Minimum Scope. Prior to City’s execution of this Agreement and Contractor’s commencement of Work, Contractor shall secure, submit proof of and shall thereafter maintain without interruption, until completion of and acceptance by the City of the Work, such commercial general and automobile liability insurance as shall protect Contractor, its Subcontractors and the Additional Insured’s from any and all claims for damages for personal injury, including accidental death, as well as any and all claims for property damage which may arise from or which may concern operations under the Contract, whether such operations be by or on behalf of Contractor, any subcontractor or anyone directly or indirectly employed by, connected with or acting for or on behalf of any of them.

10.2 Carrier Ratings. All liability insurance shall be issued by an insurance company or companies authorized to transact liability insurance business in the State of California with a policy holder’s rating of A- or higher and a Financial Class of VII or larger.

10.3 Minimum Limits. Contractor shall maintain minimum limits of insurance as follows:

10.3.1 Commercial General Liability: Contractor’s commercial general liability insurance policy shall cover both bodily injury (including death) and property damage (including, but not limited to, premises operations liability, products-completed operations liability, independent contractor’s liability, personal injury liability, and contractual liability) in an amount not less than $1,000,000 per occurrence, an aggregate limit for products/completed operations in the amount not less than $2,000,000.

10.3.2 Automobile Liability Insurance: Contractor’s automobile liability policy shall cover both bodily injury and property damage in an amount not less than $1,000,000 per occurrence and an aggregate limit of not less than $1,000,000. All of Contractor’s automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with Contractor’s performance of this Agreement, which vehicles shall include, but are not limited to, Contractor owned vehicles, Contractor leased vehicles, Contractor’s employee vehicles, nonContractor-owned vehicles and hired vehicles. 2025-02 Commercial Street Improvements for
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10.3.3 Builder’s Risk Insurance. Unless otherwise set forth in the special provisions, during the term of this contract, Contractor shall maintain in force, at its own expense, Builder’s Risk insurance on all risks of direct physical loss basis, excluding damage caused by an act of God, pursuant to California Public Contract Code § 7105, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions. The policy shall include as loss payee, the City of Santa Fe Springs, the Contractor, and its sub-contractors as their interest may appear. The City shall not be responsible for the theft of any materials, equipment in the possession and control of Contractor.

10.3.4 Umbrella or excess liability insurance. Contractor shall obtain and maintain an umbrella or excess liability insurance policy that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall provide that the policy will respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; have the same effective dates as the primary policies; pay on behalf of the insureds and not reimbursement; the policies shall “follow form” to the underlying primary policies; and the insureds, including the additional insureds shall be the same as the primary policies.

10.4 Notice of Cancellation and Renewals. The policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to City by certified or registered mail (this obligation may be satisfied in the alternative by requiring such notice to be provided by Contractor’s insurance broker and set forth on its Certificate of Insurance provided to City). Contractor agrees that upon receipt of any notice of cancellation or alteration of the policies, Contractor shall procure within five (5) days, other policies of insurance similar in all respects to the policy or policies to be cancelled or altered. Contractor shall furnish to the City copies of any endorsements that are subsequently issued amending coverage or limits within fourteen (14) days of the amendment.

10.5 All Coverage’s. The insurance policy or policies shall also comply with the following provisions:
a. Policies shall include premises/operations, products completed operations, independent contractors, owners and contractors’ protection, explosion, collapse, underground hazard, broad form contractual, personal injury with employment exclusion deleted, and broad form property damage.
b. The policy shall be endorsed to waive any right of subrogation against the City and its subcontractors, employees, officers, agents and directors for work performed under this Agreement.
c. If policies are written on a claims made basis, the certificate should so specify and the policy must continue in force for ten (10) years after completion of the Project.

The retroactive date of the coverage must also be listed. d. The policy shall specify that the insurance provided by Contractor will be considered primary and not contributory to any other insurance available to the City of Santa Fe Springs. Contractor shall provide Form No. CG 20010413 to City. 2025-02 Commercial Street Improvements for
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e. All policies of insurance shall name the City as an Additional Insured and shall contain the following language: “Solely with respect to work done by and on behalf of the name insured for the City of Santa Fe Springs, it is agreed that the City of Santa Fe Springs, and its officers, officials, employees and agents are added as additional insureds under this policy.”
f. Coverage provided by Contractor shall be primary and any insurance or selfinsurance procured or maintained by the City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

10.6 Certificates of Insurance, Additional Insured Endorsements and Deductibles. Prior to execution of the Agreement, and thereafter upon City’s request, Contractor shall furnish City with original certificates of insurance and additional insured endorsements setting forth evidence of all insurance coverage required by this Article. Each certificate and endorsement is to be signed by a person authorized by that insurer to bind coverage on its behalf.

10.7 Contractor’s Failure to Provide Required Insurance. Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, Contractor shall immediately notify City and cease all performance under this Contract until further directed by the City. In the absence of satisfactory insurance coverage, City may, at its discretion and sole option:
(a) procure insurance with collection rights for premiums, attorneys’ fees and costs against Contractor by way of set-off or recoupment from sums due Contractor; (b) immediately terminate or suspend Contractor’s performance of the Contract; (c) pay Contractor’s premiums for renewal of Contractor’s coverage; or (d) self-insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorneys’ fees and costs, being collectible from Contractor, by way of set-off or recoupment from any sums due Contractor. Upon demand, Contractor shall repay City for all sums that City paid to obtain, renew, reinstate or replace the insurance, or City may offset the cost against any monies that the City may owe Contractor.

10.8 Verification of Coverage. City shall have the right to obtain complete and certified copies of Contractor’s and Subcontractors’ insurance policies (including, but not limited to, the declarations page, form list and riders), endorsements or certificates required under the Contractor Documents, upon request (including, but not limited to, the declarations page, form list and riders).

10.9 Reassessment of Insurance Requirements. At any time during the duration of this Contract, the City may require that Contractor obtain, pay for, and maintain more or less insurance depending on the City’s assessment of any one or more of the following factors: (1) the City’s risk of liability or exposure arising out of, or in any way connected with, Contractor’s services under this Contract; (2) the nature or number of accidents, claims, or lawsuits arising out of, or in any way connected with, Contractor’s services under this Contract; or (3) the availability, or affordability, or both, of increased liability insurance coverage. 2025-02 Commercial Street Improvements for
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10.10 Contractor’s Insurance for Other Losses. The Contractor and its Subcontractors of every tier shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor’s (or Subcontractors’) employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor’s agents, suppliers or Subcontractors as well as to any temporary structures, scaffolding and protective fences.

10.11 No Limitation. Contractor’s maintenance of insurance as required by the Contract Documents shall not be construed to limit the liability of the Contractor or its Subcontractors of any tier to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity.

10.12 Subcontractors’ Insurance. The Contractor shall include in all subcontracts a requirement that the Subcontractors of every tier shall obtain and maintain, at a minimum, all insurance required by Articles 9 and 19 of this Agreement except that the limits of liability and deductibles shall be in amounts determined by the Contractor, based on the degree of hazardous exposure according to the Work performed by each Subcontractor and the size of each subcontract.

Contractor shall ensure that any professional engineer retained on its behalf to provide supplemental plans and engineering calculations required in conjunction with the Work, maintains professional liability insurance during the entire term of this Agreement. Such insurance shall be in the minimum amount of $1,000,000 to protect City from claims resulting from the engineer(s) activities. This minimum amount of coverage shall not constitute any limitation or cap on Contractor’s indemnification obligations set forth herein.

The City reserves the right to request certificates of insurance from the Contractor for each Subcontractor. The Contractor acknowledges that regardless of insurance obtained by its Subcontractors, the Contractor will be responsible to the City for any and all acts of its Subcontractors.

ARTICLE 11 - INDEMNITY/DUTY TO DEFEND

11.1 Indemnity. Except as to the sole negligence, active negligence or willful misconduct of the City, Contractor assumes liability for and agrees, at Contractor’s sole cost and expense, to promptly and fully indemnify and hold the City, its City Council, and all of its respective officials, officers, directors, employees, managers, commission members, representatives, agents, council members, (“Indemnitees”), harmless from and against any and all loss, damage, claims, allegations, actions, suits, arbitrations, administrative proceedings, regulatory proceedings, or other legal proceedings, causes of action, demands, costs, judgments, liens, stop notices, penalties, damages, losses, anticipated losses of revenue, expenses (including, but not limited to, any fees of accountants, attorneys, experts or other professionals, or investigation expenses), costs, including attorneys’ fees, or losses of any kind or nature whatsoever, whether actual, threatened or alleged, arising out of, resulting from or is in any way (either directly or indirectly) related to, or is in any manner connected with, the performance of Work, the Project, activities, operations or duties of Contractor, or anyone employed by or working under Contractor, and from all claims by anyone employed by or working under Contractor for services rendered to Contractor in the performance of this Agreement (“Indemnity Claims”), notwithstanding that the City may have benefited from their services. This indemnification provision shall apply to any acts or omissions, willful 2025-02 Commercial Street Improvements for
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misconduct or negligent conduct, whether active or passive, on the part of Contractor or of anyone employed by or working under Contractor.

The parties expressly agree that any payment, attorneys’ fees, costs or expense that the City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this Section, and that this Section shall survive the expiration or early termination of the Agreement.

11.2 Duty to Defend. Contractor agrees, at its sole cost and expense, to promptly defend the Indemnitees from all Indemnity Claims. The duty of the Contractor to indemnify and hold harmless the Indemnitees includes the separate and independent duty to defend the Indemnitees, which duty arises immediately upon receipt by Contractor of the tender of any Indemnity Claim from an Indemnitee. The Contractor’s obligation to defend the Indemnitees shall be at Contractor’s sole expense, and not be excused because of Contractor’s inability to evaluate liability or because the Contractor evaluates liability and determines that the Contractor is not liable. This duty to defend shall apply whether or not an Indemnity Claim has merit or is meritless, or which involves claims or allegations that any or all of the Indemnitees were actively, passively or concurrently negligent, or which otherwise assert that the Indemnitees are responsible, in whole or in part, for any Indemnity Claim. Contractor agrees to provide this defense immediately upon written notice from the City, and with well qualified, adequately insured and experienced legal counsel acceptable to the City.

11.3 Subcontractor Requirements. In addition to the requirements set forth hereinabove, Contractor shall ensure, by written subcontract agreement, that each of Contractor’s Subcontractors of every tier shall protect, defend, indemnify and hold harmless the Indemnitees with respect to Indemnity Claims arising out of, in connection with, or in any way related to each such Subcontractors’ Work on the Project in the same manner in which Contractor is required to protect, defend, indemnify and hold the Indemnitees harmless. In the event Contractor fails to obtain such defense and indemnity obligations from others as required herein, Contractor agrees to be fully responsible to the Indemnitees according to the terms of this Article.

11.4 No Limitation or Waiver of Rights. Contractor’s obligations under this Article are in addition to any other rights or remedies which the Indemnitees may have under the law or under the Contract Documents. Contractor’s indemnification and defense obligations set forth in this Article are separate and independent from the insurance provisions set forth in the Agreement and do not limit, in any way, the applicability, scope, or obligations set forth in such insurance provisions. The purchase of insurance by the Contractor with respect to the obligations required herein shall in no event be construed as fulfillment or discharge of such obligations. City approval of the Insurance contracts required by this Agreement does not in any way relieve the Contractor from liability under this section. In any and all claims against the Indemnitees by any employee of the Contractor, any Subcontractor, any supplier of the Contractor or Subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the obligations under this Article shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor or any supplier of either of them, under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. Failure of the City to monitor compliance 2025-02 Commercial Street Improvements for
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with these requirements imposes no additional obligations on the City and will in no way act as a waiver of any rights hereunder.

11.5 Withholding to Secure Obligations. In the event an Indemnity Claim arises prior to final payment to Contractor, the City may, in its sole discretion, reserve, retain or apply any monies due Contractor for the purpose of resolving such Indemnity Claims; provided, however, the City may release such funds if the Contractor provides the City with reasonable assurances of protection of the Indemnitees’ interests. The City shall, in its sole discretion, determine whether such assurances are reasonable.

11.6 Limitations. Notwithstanding the above provisions of section 11.1 and 11.2, Contractor shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City.

11.7 Survival of Indemnity Obligations. Contractor’s obligations under this Article are binding on Contractor’s and its Subcontractors’ successors, heirs and assigns and shall survive the completion of the Work or termination of the Contractor’s performance of the Work.

ARTICLE 12 – PREVAILING WAGES

12.1 Public Work Project. This Project is a public work as defined in California Labor Code Section 1720. By executing this Agreement, Contractor certifies that neither it, nor any of its subcontractors are ineligible under Labor Code Section 1777.1 or Section 1777.7 from bidding on, entering into a contract for, or performing the Work. Contractor and all Subcontractors of any tier are required to pay all workers employed in the execution of the Work not less than the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations (“DIR”) under Section 1720 et seq. of the California Labor Code. The Director’s determination of prevailing rates are on file with the City and are available on-line at www.dir.ca.gov/dlsr/DPreWageDetermination.htm and are referred to and made a part hereof; the wage rates therein ascertained, determined and specified are referred to and made a part hereof as though fully set forth herein.

12.2 California Labor Code. Contractor is aware of and stipulates that Contractor will also comply with the following sections of the California Labor Code:
a. Section, 1771, Contractor and any subcontractors shall pay not less than the general prevailing rate per diem wages.
b. Section 1775, Contractor and any subcontractor will forfeit to City as a penalty up to $200 for each calendar day, or portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying each worker the difference between the applicable wage rate and the amount actually paid. c. Contractor and its subcontractors must maintain certified payroll records in compliance with Labor Code sections 1776 and 1812, and all implementing regulations promulgated by the DIR. For each payroll record, Contractor and its subcontractors must certify under penalty of perjury that the information in the 2025-02 Commercial Street Improvements for
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record is true and correct, and that it has complied with the requirements of Labor Code sections 1771, 1811, and 1815. Contractor must electronically submit certified payroll records to the Labor Commissioner as required under California law and regulations.
d. Section 1777.5 prescribes the terms and conditions for employing registered apprentices.
e. Section 1810, eight hours of labor constitutes a legal day’s work. f. Section 1813, Contractor will forfeit to the City as a penalty the sum of $25 for each day during which a worker employed by Contractor or any subcontractor is required or permitted to work more than eight hours during any one calendar day, or more than 40 hours per calendar week, unless such workers are paid overtime wages under Labor Code section 1815.
g. Sections 1725.5 and 1771.1 requires all general contractors and subcontractors to be registered with DIR.
h. Contractor must also post all job site notices required by laws or regulations pursuant to Labor Code section 1771.4.

ARTICLE 13 – MISCELLANEOUS

13.1 Non-Discrimination. Except as provided in Section 12940 of the California Government Code, during Contractor’s performance of the Agreement, Contractor shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, gender, gender identity, genetic information, gender expression, sex or sexual orientation, military and veteran status, in the selection and retention of employees and subcontractors and the procurement of materials and equipment. Contractor shall also comply with the requirements of the Americans with Disabilities Act in the performance of the Agreement.

13.2 Notice. Whenever any provision of the Contract Documents requires the giving of written notice, including notices, bills, invoices or other documents required or permitted under this Agreement, service shall be sufficient if sent by one party to the other by overnight courier, or by registered, certified or United States first class mail, postage prepaid and addressed as follows:

City Contractor
City of Santa Fe Springs Hardy & Harper, Inc.

Attn: James Enriquez, PE Michael Amundson, Vice President 11710 Telegraph Road 32 Rancho Circle
Santa Fe Springs, CA 90670 Lake Forest, CA 92630

13.3 Conflict of Interest. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. Contractor and its officers, employees, associates and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor's services under this agreement, 2025-02 Commercial Street Improvements for
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including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Contractor and its officers, employees, associates and subcontractor shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute.

13.4 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

13.5 Rights and Remedies. Rights and Remedies are cumulative except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

13.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

13.7 Disputes. In the event either party fails to perform its obligations hereunder, the nondefaulting party shall provide the defaulting party written notice of such default. The defaulting party shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defaulting party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, so long as the defaulting party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety and general welfare, the defaulting party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the nondefaulting party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting party fail to cure the default within the time period provided in this Section, the nondefaulting party shall have the right, in addition to any other rights the nondefaulting party may have at law or in equity, to terminate this Agreement. Compliance with the provisions of this Section 13.7 shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured.

13.8 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City owned property which Contractor is permitted to occupy hereunder and City may, after compliance with the provisions of Section 13.7, take over the work and prosecute the same to completion by contract 2025-02 Commercial Street Improvements for
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or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated.

13.9 Force Majeure. The time period(s) specified in the Scope of Services for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the City in writing of the causes for the delay. The City 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 such delay is justified. The City’s determination shall be final and conclusive upon the parties to this Agreement.

13.10 City’s Right to Access and Audit Contractor’s Project Documents. a. If the Contractor submits a claim to the City for additional compensation, the City shall have the right, as a condition to considering the claim, and as a basis for evaluation of the claim, and until the claim has been settled, to audit the Contractor's books to the extent they are relevant. This right shall include the right to examine books, records, documents, and other evidence and accounting procedures and practices, sufficient to discover and verify all direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred and for which the claim has been submitted. The right to audit shall include the right to inspect the Contractor's plant, or such parts thereof, as may be or have been engaged in the performance of the Work. The Contractor further agrees that the right to audit encompasses all subcontracts and is binding upon Subcontractors. The rights to examine and inspect herein provided for shall be exercisable through such representatives as the City deems desirable during the Contractor's normal business hours at the office of the Contractor. The Contractor shall make available to the City for auditing, all relevant accounting records and documents, and other financial data, and upon request, shall submit true copies of requested records to the City. b. The City and/or its authorized auditors or representatives, (including the California State Auditor if so requested by the City pursuant to Government Code § 8546.7) shall have access to and the right to examine, audit, excerpt, transcribe, and reproduce any of the Contractor’s records for a period of at least three (3) years after termination of the Agreement and/or Final Payment. Such records include without limitation, journals, ledgers, records of accounts payable and receivable, profit and loss statements, bank statements, invoices, receipts, subcontracts, agreements, notes, correspondence, memoranda, and any documents generated and received in Contractor’s performance of this Contract. Upon written notice by the City, Contractor shall promptly make all such records available to City and/or its authorized auditors or representatives and cooperate with the City and its authorized auditors or representatives in examining, auditing, excerpting, transcribing and reproducing the records.
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13.11 Unfair Business Practices Claims. In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Sec. 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to the contractor without further acknowledgment by the parties. (Sec. 7103.5, California Public Contract Code).

13.12 Venue. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in the Superior Court in Los Angeles County, State of California.

13.13 Prohibition Against Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twentyfive percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

13.14 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its subcontractors, agents or employees, performs the services required herein, except as otherwise set forth herein. The City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, subcontractors, servants, representatives or agents, or in fixing their number, compensation or hours of service.

Contractor shall perform all services required herein as an independent contractor of the City and shall remain at all times as to the City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its subcontractors, agents or employees are agents or employees of the City. The City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venture or a member of any joint enterprise with Contractor.

13.15 No Estoppel or Waiver by City. No action or failure to act by the City shall constitute a waiver of any right or duty afforded City under this Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically provided in this Agreement or as may be otherwise agreed in writing. The waiver by the City of any breach or violation of any term, covenant or condition of this Agreement or of any provision, ordinance, or law shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent payment of any monies or fee by 2025-02 Commercial Street Improvements for
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the City which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by Contractor or any term, covenant, condition of this Agreement or of any applicable law or ordinance.

13.16 Signature Authority. The individuals executing this Agreement and the instruments referenced herein on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof and thereof.

13.17 Severability. Each provision, term, condition, covenant and/or restriction, in whole and in part, in this Agreement shall be considered severable. In the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, in this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement and the remainder of the Agreement shall continue in full force and effect.
[Signatures on following page.]

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the day and year first above written.

CITY OF SANTA FE SPRINGS HARDY & HARPER, INC.

By: By:

René Bobadilla, City Manager Michael Amundson
Attest: By:

Vice President
Fernando Muñoz, Deputy City Clerk Name
APPROVED AS TO FORM Title
By:

Rick Olivarez, City Attorney
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Exhibit “A”
WORKERS’ COMPENSATION CERTIFICATION
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

HARDY & HARPER, INC.

DATED
By:

Printed Name and Title

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EXHIBIT “B”

PERFORMANCE AND PAYMENT BONDS
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EXHIBIT “C”

CLAIMS PROCEDURE
Public Contract Code § 9204(d)
(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute.

Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is 2025-02 Commercial Street Improvements for
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unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation.

Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.

ATTACHMENT C

ITEM # 11

CITY OF SANTA FE SPRINGS

OF CONTRACT
DATE: June 17, 2025
RECOMMENDATION:

It is recommended that the City Council:
1) Find and declare that Sequel Contractors, Inc. of Santa Fe Springs, California does not meet the requirements of a Responsible Bidder as defined in California Public Contract Code Section 1103 and reject as non-responsible the apparent low bid received from Sequel in the amount of $1,136,100; and
2) Award a construction contract to the 2nd apparent low bidder Toro Enterprises, Inc. of Oxnard, California in the amount of $1,219,264.50 for the construction of the Stage Road and Iseli Road Street Improvements and authorize the City Manager to execute the agreement; and
3) Deprogram $1,737,800 of Capital Improvement Fund Reserves, previously appropriated in Account No. PW250102 for the Stage Road and Iseli Road Street Improvements Project; and
4) Appropriate $1,737,800 from the Measure SFS Fund for the Stage Road and Iseli Road Street Improvements Project to Account No. PW250102; and 5) Take such additional, related action that may be desirable.

FISCAL IMPACT
The Stage Road and Iseli Road Street Improvements is a project included in the 2022- 2025 Capital Improvement Program (CIP). On September 3, 2024, the City Council authorized an appropriation of $1,737,800 in UUT Funds for the project with the understanding that the City would seek reimbursement from the Los Angeles County Metropolitan Transportation Authority (LACMTA) as defined in the Cooperative and CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 17, 2025
Stage Road and Iseli Road Street Improvements – Award of Contract

Page 2 of 4 ends

Funding Agreement (Coop Agreement) for the Rosecrans/Marquardt Grade Separation Project. Under the terms of the Coop Agreement, LACMTA may reimburse the City up to $2,000,000 for the cost of betterments related to the project once the final project accounting is completed and the amount of excess available project funds is determined.

LACTMA is in the process of completing the final project accounting.

The final inspection of the Rosecrans/Marquardt Grade Separation Project revealed deficiencies in the landscaping and several other improvements and LACMTA has indicated that they have no plans to correct these deficiencies as part of the project. The City is currently coordinating with LACMTA on the availability of the $2,000,000 in betterment funds and, if available, staff recommends utilizing these funds to correct the aforementioned deficiencies, in lieu of using them for pavement improvements.

Therefore, staff recommends that the initial appropriation of $1,737,800 from CIP Reserves (e.g. UUT Funds) be deprogrammed and retained to the CIP Fund. An equal appropriation of $1,737,800 is recommended from the Measure SFS Fund to fund the project. Below is the total project cost breakdown:

Street Improvements (Stage Road and Iseli Road)
Item: Estimated Project
Costs
Construction $ 1,219,264.50
Design $ 112,800.00
Engineering $ 118,000.00
Inspection $ 100,000.00
Contingency $ 187,735.50
Total Estimated Project Cost: $ 1,737,800.00

BACKGROUND
The proposed street improvement project focuses on two segments: Stage Road (from 760 feet northwest of Iseli Road to 250 feet northwest of Valley View Avenue) and Iseli Road (from Rosecrans Avenue to Stage Road) as shown in Attachment B. For Iseli Road, the plan involves grinding two inches of the existing asphalt pavement and overlaying it with two inches of fiber-reinforced asphalt. In contrast, Stage Road will undergo a more extensive total reconstruction, including the removal of fourteen inches of existing asphalt and base material, followed by the installation of fiber-reinforced asphalt on a crushed aggregate base. Additionally, the project will include the construction of an asphalt dike along Stage Road adjacent to the railroad to address drainage issues. It will also involve the removal and replacement of damaged curb and gutter, cross gutters, sidewalk, curb ramps, and driveways as necessary.

CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 17, 2025
Stage Road and Iseli Road Street Improvements – Award of Contract

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The proposed new paving sections will eliminate potholes, support heavy repetitive loads generated by trucks/vehicles, increase pavement service life, and allow for a smooth riding roadway.

ANALYSIS
On September 3, 2024, the City Council authorized the advertisement for construction bids for the subject project. The solicitation for construction bids was advertised on April 9, 2025, in accordance with the California Public Uniform Construction Cost Accounting Commission guidelines for formal bidding.

A total of six bids were received on May 1, 2025. City staff reviewed the proposals and determined that all bid proposals complied with the project specifications. The apparent low bidder for the project was Sequel Contractors, Inc. of Santa Fe Springs, CA with a bid totaling $1,136,100.00. The tabulated bid results are as follows:

Company Name Audited Bid Formal Bid Submitted

1. Sequel Contractors, Inc. $1,136,100.00 $1,136,100.00 ^

2. Toro Enterprises, Inc. $1,219,264.50 $1,219,264.50

3. Terra Pave, Inc. $1,223,450.00 $1,223,450.00

4. Hardy & Harper, Inc. $1,245,000.00 $1,245,000.00

5. R.J. Noble Company $1,297,632.00 $1,297,632.00

6. Onyx Paving Company, Inc. $1,321,000.00 $1,321,000.00 ^ After reviewing the bids received, staff recommends that the City Council find and declare that Sequel Contractors, Inc. (Sequel), the apparent low bidder, is a nonresponsible bidder. It is further recommended that the City Council reject the bid from Sequel as a non-responsible bidder and award the contract to the 2nd apparent low bidder, Toro Enterprises, Inc. This recommendation is based on Sequel’s poor performance on a current city contract, the Shoemaker Avenue and Broadway Avenue Street Improvement project. Details are provided in the Notice of Finding of Non-Responsibility of Bidder (Attachment C) issued to Sequel on June 10, 2025. It should also be noted that a similar notice was issued by the City to Sequel on April 30, 2019, regarding poor performance on three city projects in 2014 and 2017. The Shoemaker/Broadway Project was the first contract awarded to Sequel by the City since the 2019 notice was issued.

The bid proposal submitted by Toro Enterprises, Inc. in the amount of $1,219,264.50, is approximately 16% below the Engineer’s Estimate of $1,450,000 and is acceptable.

CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 17, 2025
Stage Road and Iseli Road Street Improvements – Award of Contract

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The Department of Public Works has reviewed the bids and determined the bid submitted by Toro Enterprises, Inc. to be responsive and responsible.

ENVIRONMENTAL
Pursuant to the guidelines of the California Environmental Quality Act (CEQA), the Stage Road and Iseli Road Street Improvements Project is categorically exempt under Class 1(c) for existing facilities. Under CEQA, a project is exempt if the scope of work is limited to the repair, maintenance, and minor alterations of an existing facility (existing highways and streets are included examples).

DISCUSSION
These street improvements will improve the structural condition of the existing street segments, enhance traffic operations, and reduce future maintenance costs.

SUMMARY/NEXT STEPS
Upon City Council’s approval of the recommended actions, City staff will coordinate with the Contractor on the delivery of the project.

ATTACHMENTS:

A. Contract Agreement
B. Stage Road and Iseli Road Location Map
C. Notice of Finding of Non-Responsibility of Bidder
ITEM STATUS:

APPROVED: ☐
DENIED: ☐
TABLED: ☐
DIRECTION GIVEN: ☐
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AGREEMENT FOR CONSTRUCTION

STAGE ROAD AND ISELI ROAD STREET IMPROVEMENTS
TORO ENTERPRISES, INC.

This Agreement for Construction (“Agreement”) is entered into on this 17th day of June, 2025, by and between the CITY OF SANTA FE SPRINGS, a California municipal corporation (“City”) and TORO ENTERPRISES, INC., a California Corporation, 2101 E. Ventura Blvd., Oxnard, CA, 93036, State Contractor’s License No. 710580, (“Contractor”). Hereinafter, the City and the Contractor may be referred to collectively as the “Parties.” The Parties mutually agree as follows: Contractor shall furnish all labor, equipment and materials for, and perform the work of STAGE ROAD AND ISELI ROAD STREET IMPROVEMENTS which is covered in the Contractor’s Bid Proposal (the “Work), in accordance with the provisions and requirements in the Contract Documents as defined by this Agreement.

ARTICLE 1 – CONTRACT DOCUMENTS

Addendum No. 1, issued April 19, 2025, 2 pages.
e. Contractors Bid Proposal, for the above-referenced Bid No. 2025-01 (comprised of Notice Inviting Bids, Instructions to Bidders and attachments, Bid Schedule of Prices, List of Subcontractors, Proposal, Signature Certification/Authorization, Bid Guaranty, and where applicable, Contractor Qualification Statement and/or Subcontractor Qualification Statement.

ATTACHMENT A
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f. Special Provisions, General Specifications and Standard Specifications. g. City and other agency’s Standard Drawings.
h. All documents, maps, texts and items referred to in the foregoing documents.

ARTICLE 2 - SERVICES OF CONTRACTOR

2.3 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement, including registration with the Department of Industrial Relations of the State of California as required by Labor Code Section 1725.5 before commencing performance under this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder.

Contractor shall be responsible for all subcontractors' compliance with this Section 2.3. 2025-01 Stage Road and Iseli Road Street Improvement
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In the event Contractor fails to perform in accordance with the above standard:

Nothing contained in this section is intended to limit any of the rights or remedies which the City may have under law.

2.6 Care of Work. Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be 2025-01 Stage Road and Iseli Road Street Improvement
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responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence.

2.9 Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunk line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse contractor for any costs incurred in locating, repairing damage not caused by contractor and removing or relocating such unidentified utility facilities, including equipment idled during such work. Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities. 2025-01 Stage Road and Iseli Road Street Improvement
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ARTICLE 3 – CONTRACT PRICE AND PAYMENT

3.1 Contract Price. City shall pay Contractor the Contract Price of One Million Two Hundred Nineteen Thousand Two Hundred Sixty-Four and Fifty Cents ($1,219,264.50) which includes all California sales or use tax and County and City taxes, in consideration for the Contractor’s full, complete and timely performance of all of the Work required by the Contract Documents. The Contract Price includes any Alternative/Additive Bid Items which were awarded with the Contract.

3.5 Payment Procedures.

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ARTICLE 4 – TIME FOR PERFORMANCE

ARTICLE 5 – LIQUIDATED DAMAGES AND INCENTIVE BONUS

Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delay occurs.

ARTICLE 6 – CLAIMS AND DISPUTES

6.1 Claims Procedures. Contractor shall comply with the claims procedure set forth in Public Contract Code Section 9204, a summary of which is attached to this agreement as Exhibit “C.”

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ARTICLE 7 – LOCAL BUSINESS LICENSE, TAXES AND FEES

ARTICLE 8 – BONDS

ARTICLE 9 – WORKERS’ COMPENSATION INSURANCE

9.2 Evidence of Coverage. Prior to the City’s execution of this agreement, Contractor shall file with the City either 1) a certificate of insurance or self-insurance evidencing that such insurance is in effect, or that Contractor is self-insured for such coverage; or 2) a certified statement that Contractor has no employees, and acknowledging that if Contractor does employ any person, 2025-01 Stage Road and Iseli Road Street Improvement
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the necessary certificate of insurance will immediately be filed with City. Any Certificate filed with the City shall provide that City shall be given ten (10) days prior written notice before modification or cancellation thereof.

ARTICLE 10 – CONTRACTOR’S LIABILITY INSURANCE

10.3 Minimum Limits. Contractor shall maintain minimum limits of insurance as follows:

10.3.2 Automobile Liability Insurance: Contractor’s automobile liability policy shall cover both bodily injury and property damage in an amount not less than $1,000,000 per occurrence and an aggregate limit of not less than $1,000,000. All of Contractor’s automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with Contractor’s performance of this Agreement, which vehicles shall include, but are not limited to, Contractor owned vehicles, Contractor leased vehicles, Contractor’s employee vehicles, nonContractor-owned vehicles and hired vehicles. 2025-01 Stage Road and Iseli Road Street Improvement
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The retroactive date of the coverage must also be listed. d. The policy shall specify that the insurance provided by Contractor will be considered primary and not contributory to any other insurance available to the City of Santa Fe Springs. Contractor shall provide Form No. CG 20010413 to City. 2025-01 Stage Road and Iseli Road Street Improvement
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e. All policies of insurance shall name the City as an Additional Insured and shall contain the following language: “Solely with respect to work done by and on behalf of the name insured for the City of Santa Fe Springs, it is agreed that the City of Santa Fe Springs, and its officers, officials, employees and agents are added as additional insureds under this policy.”
f. Coverage provided by Contractor shall be primary and any insurance or selfinsurance procured or maintained by the City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

10.9 Reassessment of Insurance Requirements. At any time during the duration of this Contract, the City may require that Contractor obtain, pay for, and maintain more or less insurance depending on the City’s assessment of any one or more of the following factors: (1) the City’s risk of liability or exposure arising out of, or in any way connected with, Contractor’s services under this Contract; (2) the nature or number of accidents, claims, or lawsuits arising out of, or in any way connected with, Contractor’s services under this Contract; or (3) the availability, or affordability, or both, of increased liability insurance coverage. 2025-01 Stage Road and Iseli Road Street Improvement
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ARTICLE 11 - INDEMNITY/DUTY TO DEFEND

11.1 Indemnity. Except as to the sole negligence, active negligence or willful misconduct of the City, Contractor assumes liability for and agrees, at Contractor’s sole cost and expense, to promptly and fully indemnify and hold the City, its City Council, and all of its respective officials, officers, directors, employees, managers, commission members, representatives, agents, council members, (“Indemnitees”), harmless from and against any and all loss, damage, claims, allegations, actions, suits, arbitrations, administrative proceedings, regulatory proceedings, or other legal proceedings, causes of action, demands, costs, judgments, liens, stop notices, penalties, damages, losses, anticipated losses of revenue, expenses (including, but not limited to, any fees of accountants, attorneys, experts or other professionals, or investigation expenses), costs, including attorneys’ fees, or losses of any kind or nature whatsoever, whether actual, threatened or alleged, arising out of, resulting from or is in any way (either directly or indirectly) related to, or is in any manner connected with, the performance of Work, the Project, activities, operations or duties of Contractor, or anyone employed by or working under Contractor, and from all claims by anyone employed by or working under Contractor for services rendered to Contractor in the performance of this Agreement (“Indemnity Claims”), notwithstanding that the City may have benefited from their services. This indemnification provision shall apply to any acts or omissions, willful 2025-01 Stage Road and Iseli Road Street Improvement
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misconduct or negligent conduct, whether active or passive, on the part of Contractor or of anyone employed by or working under Contractor.

11.4 No Limitation or Waiver of Rights. Contractor’s obligations under this Article are in addition to any other rights or remedies which the Indemnitees may have under the law or under the Contract Documents. Contractor’s indemnification and defense obligations set forth in this Article are separate and independent from the insurance provisions set forth in the Agreement and do not limit, in any way, the applicability, scope, or obligations set forth in such insurance provisions. The purchase of insurance by the Contractor with respect to the obligations required herein shall in no event be construed as fulfillment or discharge of such obligations. City approval of the Insurance contracts required by this Agreement does not in any way relieve the Contractor from liability under this section. In any and all claims against the Indemnitees by any employee of the Contractor, any Subcontractor, any supplier of the Contractor or Subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the obligations under this Article shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor or any supplier of either of them, under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. Failure of the City to monitor compliance 2025-01 Stage Road and Iseli Road Street Improvement
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with these requirements imposes no additional obligations on the City and will in no way act as a waiver of any rights hereunder.

ARTICLE 12 – PREVAILING WAGES

12.2 California Labor Code. Contractor is aware of and stipulates that Contractor will also comply with the following sections of the California Labor Code:
a. Section, 1771, Contractor and any subcontractors shall pay not less than the general prevailing rate per diem wages.
b. Section 1775, Contractor and any subcontractor will forfeit to City as a penalty up to $200 for each calendar day, or portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying each worker the difference between the applicable wage rate and the amount actually paid. c. Contractor and its subcontractors must maintain certified payroll records in compliance with Labor Code sections 1776 and 1812, and all implementing regulations promulgated by the DIR. For each payroll record, Contractor and its subcontractors must certify under penalty of perjury that the information in the 2025-01 Stage Road and Iseli Road Street Improvement
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record is true and correct, and that it has complied with the requirements of Labor Code sections 1771, 1811, and 1815. Contractor must electronically submit certified payroll records to the Labor Commissioner as required under California law and regulations.
d. Section 1777.5 prescribes the terms and conditions for employing registered apprentices.
e. Section 1810, eight hours of labor constitutes a legal day’s work. f. Section 1813, Contractor will forfeit to the City as a penalty the sum of $25 for each day during which a worker employed by Contractor or any subcontractor is required or permitted to work more than eight hours during any one calendar day, or more than 40 hours per calendar week, unless such workers are paid overtime wages under Labor Code section 1815.
g. Sections 1725.5 and 1771.1 requires all general contractors and subcontractors to be registered with DIR.
h. Contractor must also post all job site notices required by laws or regulations pursuant to Labor Code section 1771.4.

ARTICLE 13 – MISCELLANEOUS

City Contractor
City of Santa Fe Springs Toro Enterprises, Inc.

Attn: James Enriquez, PE Sean Castillo, President
11710 Telegraph Road 2101 E. Ventura Blvd.

Santa Fe Springs, CA 90670 Oxnard, CA 93036

13.3 Conflict of Interest. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. Contractor and its officers, employees, associates and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to Contractor's services under this agreement, 2025-01 Stage Road and Iseli Road Street Improvement
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including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Contractor and its officers, employees, associates and subcontractor shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute.

13.8 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City owned property which Contractor is permitted to occupy hereunder and City may, after compliance with the provisions of Section 13.7, take over the work and prosecute the same to completion by contract 2025-01 Stage Road and Iseli Road Street Improvement
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or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated.

13.10 City’s Right to Access and Audit Contractor’s Project Documents. a. If the Contractor submits a claim to the City for additional compensation, the City shall have the right, as a condition to considering the claim, and as a basis for evaluation of the claim, and until the claim has been settled, to audit the Contractor's books to the extent they are relevant. This right shall include the right to examine books, records, documents, and other evidence and accounting procedures and practices, sufficient to discover and verify all direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred and for which the claim has been submitted. The right to audit shall include the right to inspect the Contractor's plant, or such parts thereof, as may be or have been engaged in the performance of the Work. The Contractor further agrees that the right to audit encompasses all subcontracts and is binding upon Subcontractors. The rights to examine and inspect herein provided for shall be exercisable through such representatives as the City deems desirable during the Contractor's normal business hours at the office of the Contractor. The Contractor shall make available to the City for auditing, all relevant accounting records and documents, and other financial data, and upon request, shall submit true copies of requested records to the City. b. The City and/or its authorized auditors or representatives, (including the California State Auditor if so requested by the City pursuant to Government Code § 8546.7) shall have access to and the right to examine, audit, excerpt, transcribe, and reproduce any of the Contractor’s records for a period of at least three (3) years after termination of the Agreement and/or Final Payment. Such records include without limitation, journals, ledgers, records of accounts payable and receivable, profit and loss statements, bank statements, invoices, receipts, subcontracts, agreements, notes, correspondence, memoranda, and any documents generated and received in Contractor’s performance of this Contract. Upon written notice by the City, Contractor shall promptly make all such records available to City and/or its authorized auditors or representatives and cooperate with the City and its authorized auditors or representatives in examining, auditing, excerpting, transcribing and reproducing the records.
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13.15 No Estoppel or Waiver by City. No action or failure to act by the City shall constitute a waiver of any right or duty afforded City under this Agreement, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically provided in this Agreement or as may be otherwise agreed in writing. The waiver by the City of any breach or violation of any term, covenant or condition of this Agreement or of any provision, ordinance, or law shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent payment of any monies or fee by 2025-01 Stage Road and Iseli Road Street Improvement
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the City which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by Contractor or any term, covenant, condition of this Agreement or of any applicable law or ordinance.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the day and year first above written.

CITY OF SANTA FE SPRINGS TORO ENTERPRISES, INC.

By: By:

René Bobadilla, City Manager Name
Attest: By:

Sean Castillo, President
Fernando Muñoz, Deputy City Clerk Name
APPROVED AS TO FORM Title
By:

Rick Olivarez, City Attorney
2025-01 Stage Road and Iseli Road Street Improvement
Exhibit “A”
WORKERS’ COMPENSATION CERTIFICATION
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

TORO ENTERPRISES, INC.

DATED
By:

Sean Castillo, President

2025-01 Stage Road and Iseli Road Street Improvement
EXHIBIT “B”

PERFORMANCE AND PAYMENT BONDS
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EXHIBIT “C”

Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is 2025-01 Stage Road and Iseli Road Street Improvements
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unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation.

Attachment 1 - Project Location Map
Legend
Area of Work
City Boundary Stage Rd Iseli Rd
Rosecrans Ave Valley View Ave

ATTACHMENT B

ATTACHMENT C

ITEM # 12

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: Gus Hernandez, Director of Parks & Recreation
SUBJECT: RECOMMENDATION FOR NAMING OF THE AQUATIC CENTER TO PAUL T. NAKAMURA REGIONAL AQUATIC CENTER
DATE: June 17, 2025
RECOMMENDATION(S):

It is recommended that the City Council:
1) Approve the naming of the City's Aquatic Center as the Paul T. Nakamura Regional Aquatic Center, in recognition of Mr. Nakamura’s honorable service to the City and ultimate sacrifice while serving his country.
2) Take such additional, related action that may be desirable.

FISCAL IMPACT
There is no fiscal impact associated with this action.

BACKGROUND
At the February 4, 2025 City Council meeting, the City Council initiated the naming nomination for the Aquatic Center in honor of Paul T. Nakamura, a former Santa Fe Springs resident and City employee, who served as a lifeguard, and tragically was killed in action in Iraq in 2003 while serving his country.

On April 1, 2025, the City Council provided further direction to staff to return with a formal recommendation to name the facility in his honor.

Additionally, Ordinance No. 1154, adopted on February 4, 2025 and effective March 6, 2025, added Section 10.24 (Naming of Public Facilities and Streets) to the Santa Fe Springs Municipal Code. This section outlines the process and criteria for naming public facilities and streets. The nomination of Mr. Nakamura meets all requirements outlined CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 17, 2025
Aquatic Center Naming Page 2 of 3
in Section 10.24(C) – Naming After Individuals, and no further action is required by any Advisory Committee or Commission.

ANALYSIS
Paul T. Nakamura was a respected member of the Santa Fe Springs community. He served as Lifeguard for the City and later enlisted in the United States Army Reserve, where he served as a medic with the 437th Medical Company. On June 19, 2003, at the age of 21, Mr. Nakamura was killed in action near Balad, Iraq while providing aid during a military operation.

Naming the Aquatic Center after Mr. Nakamura satisfies all criteria under Municipal Code Section 10.24(C), including:
• Extraordinary Contribution: Mr. Nakamura’s service as a City employee and ultimate sacrifice in military service constitute a significant and lasting contribution to the community and the nation.
• Legacy and Values Alignment: His selflessness, public service, and courage align with the City’s values and reflect the type of character the City wishes to honor. • Council-Initiated Nomination: As provided in Section 10.24, Council-initiated nominations are exempt from the standard nomination filing process and do not require referral to the Planning Commission. A unanimous vote of the City Council is required for approval.
• Additionally, per Section 10.24, an individual may only have one facility or street named after them. There are currently no other public facilities or streets named in Mr. Nakamura’s honor within the City.

Importantly, the inclusion of the word “Regional” in the name—Paul T. Nakamura Regional Aquatic Center—is a requirement of the California Department of Parks and Recreation, Office of Grants and Local Services (OGALS). The City received a $6.4 million grant from OGALS to support the renovation of the Aquatic Center, and the use of “Regional” was required in the application process in the facility name, ensuring compliance with the grant agreement’s naming and recognition criteria.

ENVIRONMENTAL
N/A

DISCUSSION
The proposed naming of the facility as the Paul T. Nakamura Regional Aquatic Center honors a former City employee and local resident who made the ultimate sacrifice while serving in the U.S. Army Reserve. Mr. Nakamura’s legacy of service and dedication to others reflects the values of the Santa Fe Springs community. The naming meets all criteria outlined in the City's municipal code and follows a Council-initiated nomination process. Additionally, the inclusion of the word “Regional” ensures compliance with the CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 17, 2025
Aquatic Center Naming Page 3 of 3
California Department of Parks and Recreation’s $6.4 million grant requirements for the facility renovation.

SUMMARY/NEXT STEPS
Upon City Council approval, staff will proceed with incorporating the new name—Paul T.

Nakamura Regional Aquatic Center—into all future references, signage, promotional materials, and facility branding. The name will be unveiled as part of the facility’s grand reopening, anticipated in 2026, following the completion of the renovation project funded in part by the $6.4 million state grant. Staff will also coordinate with the community and relevant stakeholders to plan a dedication ceremony recognizing Mr. Nakamura’s legacy and service.

ATTACHMENT(S):

A. Conceptual Design of Entry Sign at Aquatic Center
ITEM STATUS:

APPROVED:

DENIED:

TABLED:

DIRECTION GIVEN:

ITEM # 13

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: Julio Morales, Director of Finance
SUBJECT: ADOPT RESOLUTION NO. 9964 APPROVING AND ADOPTING THE FISCAL YEAR (FY) 2025-26 OPERATING BUDGET
DATE: June 17, 2025
RECOMMENDATION(S):

It is recommended that the City Council:
1) Adopt the FY 2025-26 Proposed Budget for the City, Water Utility Authority, Successor Agency, and Housing Successor Agency, as detailed in the proposed budget document and adjusted as discussed in this report (this includes all the forecasted revenue estimates, expenditure allocations, and related transfers).

FISCAL IMPACT
City staff has proposed a General Fund Budget for FY 2025-26 totaling $100.3 million.

Detailed revenues and expenditures by department are provided in Attachment B.

BACKGROUND
We are pleased to present the proposed operating budget for the City of Santa Fe Springs for FY 2025-26. The operating budget provides the foundation for our work plan and, most important, our commitment to our residents and businesses of this community.

As a financial document, the budget presents our best assumptions for revenues and expenditures for the upcoming fiscal year. As a policy document, the budget represents a commitment to providing resources towards improving our level of services to maintain the quality of life for our community.

CITY COUNCIL AGENDA REPORT – MEETING OF June 17, 2025
Adopt Resolution No. 9964 approving and adopting the FY 2025-26 Operating Budget

Page 2 of 9 ends

Economic Outlook
The economic forecast for the
upcoming fiscal year is uncertain.

The World Bank is projecting the
slowest global economic growth
since 2008, primarily due to
uncertainty caused by recent tariffs
imposed by the Unites States.

Despite the slowdown in inflation,
high consumer prices persist.

According to the May 2025 Index of
Consumer Sentiment (University of
Michigan) consumer confidence has
dropped for 4 consecutive months -
the lowest level (52.2) since the pandemic.

Federal Reserve has held rates steady for the past three meeting (Federal Funds Rate =

4.25% - 4.50%). The Federal Reserve Chairman Powell and the Federal Open Markets Committee (FOMC) will continue to monitor inflation and indicators of recession, potential rate cuts, if any, will most likely come at year end. Given these factors, collectively, economic growth is anticipated to slow down in 2025.

The City is in a strong financial position due to continued prudent financial decisions made by the City Council, and will continue to advance despite these economic challenges.

Projected revenues for FY 2025-26 have been conservatively estimated, especially sales tax (our largest revenue source). Staff will continue to monitor revenues and the potential impact of any adverse external events. Similarly, we have proposed modest expenditure increases that reflect expected inflationary costs, actual cost of service, plus the addition or enhancement of a few select programs provided by Council direction.

The spending plan for FY 2025-26 focuses on achieving long-term goals: maintaining staffing levels to deliver effective services; proactive maintenance and repair and replacement of infrastructure, modernizing Information Technology (IT) infrastructure to improve our administrative efficiency.

City staff will continue addressing the challenges to the water utility; and continue to seek alternative revenue sources for our programs and capital improvement projects to leverage our General Fund resources.

CITY COUNCIL AGENDA REPORT – MEETING OF June 17, 2025
Adopt Resolution No. 9964 approving and adopting the FY 2025-26 Operating Budget

Page 3 of 9 ends

ANALYSIS
Year-End and FY 2025-26 Revenue Projections
As the end of the fiscal year approaches, our projected-year-end revenues are expected to be slightly above the FY 2024-25 revenue estimates in aggregate – in large part due to interest earnings, which have far outpaced budgeted figures. The City is projected to achieve $95.1 million in General Fund Revenues by year-end FY 2024-25. Aside from a few specific adjustments, revenues are projected to remain flat and/or experience modest growth, resulting in $97.85 million in total FY 2025-26 General Fund Revenues.

Sales Tax - The Sales Tax revenue (including Measure Y Transaction & Use Tax) is a critical component of the City’s revenue structure that represents approximately 60% of the City’s General Fund revenues. The current sales tax rate is 10.75%. Sales tax revenues are projected to come in just under the projected $57 million budget estimate.

Although HdL projects that sales tax will grow modestly over the next fiscal year, we have utilized a flat number equal to last year’s budget estimate of $57 million.

UUT – Are the second largest revenue source that contributes more than $12 million in revenues to the City’s General Fund. Utility User Tax (UUT) is imposed on phone & internet, electricity and gas. The tax is 4%-9% of gross receipts. Electric companies comprised more than 75% of UUT Revenues. Telecommunication revenues are forecasted to continue to decrease due to competition among existing and new providers and the commoditization of products and services.

Franchise Fees - Franchise Fees are derived primarily from electricity providers (85%) .

Given the high cost of electricity in California and the projected continued cost increases in the future, we project that franchise fees and UUT revenues will continue grow modestly (4.25%) in the future.

Property Taxes – The third largest major group of General Fund revenues are derived from property-based sources, which includes Property Tax, RPTTD (RDA pass-through), and Vehicle In-lieu Fees, which total $8.1 million in budgeted revenues. Projected yearend revenues are $8.5 million, which serves as the baseline for FY 2025-26.

Program Revenues – The City charges residents and businesses for a variety of different types of programmatic revenues, such as Facility User Fees, License & Permits, Charge for Services, Fines & Forfeitures and Contributions. These revenues, collectively, generate $9 million per year. The difficulty with such revenues is they are often one-time charges, fees for special events, or permits for building construction. Therefore, these revenues can fluctuate each year and decrease in the event of an economic downturn.

CITY COUNCIL AGENDA REPORT – MEETING OF June 17, 2025
Adopt Resolution No. 9964 approving and adopting the FY 2025-26 Operating Budget

Page 4 of 9 ends

The City projected $10.8 million in program revenues for FY 2024-25, but we are projecting a $1.3 million shortfall for FY 2024-25 of $9.5 million. We conservatively estimate the same amount of program revenues for FY 2025-26.

Other Income – The City receives revenues for a variety of other sources, such as rental income, green waste fee, investment income, and a water lease payment. These revenues totaled $5.3 million in FY 2024-25. The FY 2025-26 budget dramatically increased the projected investment income from $1.0 million to $4.0 million. All other revenues were projected to remain stable, with the exception of the water utility lease payment, which has been deferred until the water utility is on more stable economic footing.

The City will continue to process revenues and expenses a couple of months after the end of the fiscal year (June 30, 2025). Staff is anticipating ending this current fiscal year with a small operating surplus. This amount will be better defined once we close out books near the end of the summer.

Several years ago, the City Council established and funded multiple reserve funds (i.e., Capital Improvement Projects, Unfunded Liability, Economic Contingency, Equipment Replacement, Employee Benefits, Risk Management Renovation & Replacement and Unassigned Reserves). For the past several fiscal years, the City has allocated operating surpluses to these funds to allow the City to address future challenges. Once this fiscal year’s financials are completed, staff will provide a recommendation on how to allocate the anticipated surplus to the City Council.

FY 2025-26 Proposed Budget
General Fund Operating Revenues
We projected $97.85 million in operating revenues for FY 2025-26, as summarized in Attachment B. Taking into account the transfer of $2,303,970 in 1-time monies and special revenues funds into the General Fund, results in $100.16 million in total General Fund Revenues for FY 2025-26.

General Fund Operating Budget
The City Council conducted two budget study sessions on April 22nd and May 22 nd to
obtain City Council direction and input on the FY 2025-26 Budget. On April 22nd the City staff introduced the proposed a baseline General Fund operating budget to the City Council and the public equal to $95.5 million. The baseline budget started at $90.8 million:
then incorporated $1.7 million for the Police Contract, $1.7 million for salary (MOU) and step increases, $1.75 million for increased medical premiums plus pension and OPEB costs, and $235,000 in higher insurance premiums. These costs, collectively, represent CITY COUNCIL AGENDA REPORT – MEETING OF June 17, 2025
Adopt Resolution No. 9964 approving and adopting the FY 2025-26 Operating Budget

Page 5 of 9 ends

“natural cost increases” in the operating budget - $95.5 million “baseline operating budget” for FY 2025-26, as summarized in the chart below:

Based on departmental request and City Council direction for new programs and service levels, we added a $1.2 million increase in personnel costs and $3.4 million increase in operating and maintenance costs to develop the General Fund Operating Budget equal to $100,258,213.

Additional General Fund expenditures are detailed below:

Personnel Expenditures
The proposed personnel and adjustments include:
• Five (5) new full-time General Fund positions
o Public Works - Assistant Superintendent
o Parks & Recreation - Maintenance Specialist (Acquatics) o Parks & Recreation - Maintenance Specialist (Ball Fields) o Police Services - Public Safety Coordinator
o City Manager – Grant Coordinator*
• Three (3) new full-time positions funded by Measure A ($274,900) o Housing Navigator
Department
Adj. Operating
Budget
FY 24-25
Added
Personnel FY
24-25
Adj. FY 24-25
Operating
Budget
Step Increase MOU Increase

UAL, OPEB,

RETIREE

MEDICAL,
Liability
Insurance
Police
Contract
FY 25-26
Vacancy Factor
FY 25-26
(Natural
Increase)
CMO $ 8,998,050 -$ $ 8,998,050 $ 359,045 58114 248,353 234,000 -$ (867,154) $ 9,030,408 Community Development 2,883,200 - 2,883,200 83,727 17,059 (155,687) - 2,828,299 Community Services 8,239,800 163,695 8,403,495 312,485 57,922 137,761 - 8,911,663 Fire 26,465,700 - 26,465,700 657,979 228,988 861,482 - (277,711) 27,936,438 PRS 6,464,880 64,900 6,529,780 343,182 31,156 180,620 - (140,843) 6,943,895 Police Services 18,877,050 66,300 18,943,350 492,763 32,519 165,952 1,737,955 - 21,372,538 Public Works 11,480,650 18,200 11,498,850 621,554 130,740 299,514 - (1,255,569) 11,295,089 Finance 6,994,440 100,800 7,095,240 319,364 45,635 18,211 - (323,051) 7,155,399 Total $ 90,403,770 $ 413,895 $ 90,817,665 $ 3,190,099 $ 602,133 $ 1,756,206 $ 234,000 $ 1,737,955 $ (2,864,328) $ 95,473,730 Deepartment
FY 25-26
(Natural
Increase)
New
Personnel
M&O Inflation New Program
FY 25-26
Operating
Budget
Reported
during 2nd
Budget
Workshop
City Manager $ 9,030,408 -$ $ 592,650 $ 9,623,058 93,100 Community Development 2,828,299 66,200 77,600 2,972,099 66,600 Community Services 8,911,663 45,200 134,010 9,090,873 41,700 Fire 27,936,438 - 305,750 28,242,188 - 324,250
Parks & Rec 6,943,895 411,900 665,825 8,021,620 645,025 Police Services 21,372,538 522,100 41,900 166,900 22,103,438 514,000 Public Works 11,295,089 190,280 1,298,500 12,783,869 1,083,450 Finance 7,155,399 - 7,155,399 -
City-Wide Utilities 265,668 265,668 -
Total $ 95,473,730 $ 1,235,680 $ 3,381,903 $ 100,258,213 166,900 $ 2,768,125 CMO: Lobbying advocate 100k added, contributions increase 26k, liability/crime insurance increase 299,500.

CITY COUNCIL AGENDA REPORT – MEETING OF June 17, 2025
Adopt Resolution No. 9964 approving and adopting the FY 2025-26 Operating Budget

Page 6 of 9 ends

o Social Service Case Manager
o Homeless Services Supervisor
• Part-Time Positions
o Program Leader 3 (1,000 hours)
o Program Leader 1 (120 hours)
o Instructor Lifeguard
o Public Works Aide
• Three (3) reclassifications
o Media & Communication Specialist from I to II
o Associate Planner to Economic Development Specialist
o Senior Planner to Assistant Director
The personnel job specifications for newly created positions will be presented to council in a separate report.
*The Grant Coordinator position was added without an expected additional impact to the General Fund. The fully burdened costs are $185,000: 50% of the salary will be covered from part-time salary savings and the other 50% from expected grant revenues.

M&O / Inflationary Costs
The FY 2025-26 spending plan includes $3.6 million in additional program costs, continued contract services, and inflationary/operating costs increases. ▪ City Manager included $300,000 in additional funding to cover increased insurance premiums, plus $100,000 in funding for new Policy/Legislation initiative (i.e., “Big 5”). ▪ Police Services included from addition of two new major initiatives: Homelessness Program (a portion was offset by Measure A) and the Volunteer Program, which required $242,000 in incremental funding.
▪ Fire required $305,000 in additional operating costs, which included monies for the emergency preparedness, overtime, and additional repair and replacement costs. ▪ Public Works requested $1.2 million in increased operating costs – based on the past years actual experience plus projected costs increases. A significant component of the increased budget were the increase and continuation of operating costs to cover standard repairs and maintenance items (both contractual services and materials and supplies).

CITY COUNCIL AGENDA REPORT – MEETING OF June 17, 2025
Adopt Resolution No. 9964 approving and adopting the FY 2025-26 Operating Budget

Page 7 of 9 ends

▪ Community Services added $135,000 to the operating budget. These costs primarily reflect inflationary costs associated with its contractual services and supplies and materials.
▪ Finance Budget (non-departmental) covers $265,000 in projected cost increases for utilities (water, gas and electrical).

Measure SFS
The City issued $31.8 million in special parcel tax bonds in May of 2025. The first scheduled payment is due in December 2025. The City is expected to generate $6.1 million in annual revenues from Measure SFS. Debt service payments will be made from the revenues collected from these monies.

Special Revenue Funds
The City operates and maintains 18 distinct funds for special revenue and grant programs. Many of these programs are legally required to maintain monies and track expenditures in separate funds, which are summarized in Attachment C.

Street & Road Maintenance - Gas Tax (Fund 2401) and State Road Maintenance (Fund 2402) can only be used to pay for road improvements and direct labor costs related to such improvements. A portion of annual gas tax monies ($20,000) are transferred directly into the General Fund to pay for road maintenance costs.

Transit Capital Programs – The Los Angeles County Metropolitan Transportation Authority (LACMTA) administers a variety of transit-related revenue programs:

Proposition A, Proposition C, Measure R and Measure M. The City will receive $1.5 million in monies from these four programs in FY 2025-26. A significant portion of these monies ($755,000) are utilized to fund the City’s dial-a-ride (senior) and other transportation programs. The remainder of the monies are used to fund capital related projects in the City’s Capital Improvement Program (CIP).

Self-Funded Programs – Due to legal/statutory requirements, the City runs four grant programs on a self-contained basis. In other words, all revenues and expenses are tracked within each respective fund – there are no inter-fund transfers. These funds can accumulate a fund balance but typically have expenditure requirements within a certain timeline.
• Measure W (Storm Drain) - $5.9 Million
• CDBG (Housing & Community Development) - $131,146
• AQMD (Air Quality / Emission Reduction) - $22,000
• Heritage Spring Street (Street Repairs) - Can only use interest earnings from endowment of $995,000
CITY COUNCIL AGENDA REPORT – MEETING OF June 17, 2025
Adopt Resolution No. 9964 approving and adopting the FY 2025-26 Operating Budget

Page 8 of 9 ends

Operate/ Transfer in General Fund – There are 8 other programs that maintain separate fund accounting, but their operations are integrated as part of the General Fund or help to fund specific capital projects.

Art in Public Places (Fund 2510) and the Heritage Foundation fund select CIP programs in the City.

Supplemental Law Enforcement (Fund 2303) and Public Safety Augmentation (Fund 2302) provide $110,000 and $220,000 in annual operating revenues to the City’s Police Services budget.

Lighting and Landscape Maintenance District (Fund 2430) – collects a special tax that is used to offset a portion ($195,000) of the City’s streetlight and landscaping costs.

Waste Management (Fund 1040) – collects more than $5.0 million from the City three main waste haulers. A portion of these fees are transferred into the General Fund to offset operating costs, while the remainder is used to pay for direct operating costs.

Measure A – Homelessness (Fund 2210) – this program represents the City’s share of the Los Angeles County’s Homelessness tax measure. Monies from this fund are used to pay for salaries directly and the balance will be used to pay for maintenance and operating costs associated with the homelessness program.

Water Utility Fund
The City’s Water Utility fund is anticipated to have an operating deficit at year end, which is expected to continue in FY 2025-26. The budget deficit is driven by the growing cost of imported water from the Los Angeles Metropolitan Water District (MWD), which represents more than 50% of the Water Department’s annual operating budget. The City has not increased water rates since 2023, however the cost of imported water continues to increase each year – 22.5% since 2023. The inability to recapture these rising costs has created a structural operating deficit.

These rising imported water costs are exacerbated by the City’s inability to pump “local” water, which is nealry one half the costs of imported water from MWD. The City’s well sites are contaminated and must be cleaned up in order to reduce our reliance on imported water. Moreover, there is a continuing need for Capital Improvement Projects to address the systems ageing infrastructure.

The proposed budget for FY 2025-26 is projected to have $15.9 million in Operating Revenues, offset by $19.5 million in projected operating costs, resulting in $3.5 million CITY COUNCIL AGENDA REPORT – MEETING OF June 17, 2025
Adopt Resolution No. 9964 approving and adopting the FY 2025-26 Operating Budget

Page 9 of 9 ends

ITEM STATUS:

APPROVED:

DENIED:

TABLED:

DIRECTION GIVEN:
budget deficit. The FY 2025-26 budget has suspended the annual lease payment $1.3 million until the water department has stabilized operations.

The Water Department budget will be further impacted by the computer and billing and collection issues it has been experiencing over the past several months. These issues may result in further operating losses than currently budgeted.

ENVIRONMENTAL
NA

DISCUSSION
Future Outlook
Staff will continue to monitor ongoing economic and organizational issues as we develop the budget for the next fiscal year. As discussed above, the uncertain economic climate is driven primarily from the impact of recently imposed tariffs by the United States and offsetting actions taken by foreign nations. The final impact of these tariffs is not yet certain. Concerns over the impact of these tariffs have placed a pale over the economic outlook: some economist even fear recession. We will continue to monitor key economic indicators to determine the economic outlook as the year progresses.

SUMMARY/NEXT STEPS
Once adopted, the FY 2025-26 budget will be incorporated into the financial management system for the department to utilize by July 1, 2025. Staff will continue to remain diligent and monitor department usage throughout the year, and provide quarterly budget updates to the City Council.

ATTACHMENT(S):

A. Resolution No. 9964
B. FY 2025-26 Detailed Proposed Budget
C. Special Revenue Fund Summary
APPROVED:

ITEM NO.:

RESOLUTION NO. 9964

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS, CALIFORNIA, APPROVING AND ADOPTING THE FISCAL YEAR 2025-26 CITY BUDGET

AND AUTHORIZING THE CARRYOVER OF CERTAIN UNSPENT APPROPRIATIONS WHEREAS, Section 31.13 (B)(2) of the Santa Fe Springs Municipal Code provides that the City Manager shall prepare and submit to the City Council an annual budget; and WHEREAS, the proposed Fiscal Year 2025-26 City Budget was introduced to the City Council at its regular meeting on April 22, 2025, and the City Council provided direction regarding the finalization of the budget; and
WHEREAS, the City Council considered proposed position adjustments, requiring changes to the salary schedule; and
WHEREAS, on June 17, 2025, the City Council reviewed and considered the Fiscal Year 2025-26 City Budget.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:

1. The City Council approves and adopts the Fiscal Year 2025-26 City Budget attached hereto as Attachment “A” and incorporated herein by this reference.

2. The City Council approves and adopts the Fiscal Year 2025-26 Salary Schedule attached hereto as Attachment “B” and incorporated herein by this reference.

3. The City Council authorizes the carryover of unspent appropriations for vehicles/equipment, which were not received by June 30, 2025.

PASSED, APPROVED and ADOPTED this 17th day of June 2025 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

William Rounds, Mayor
ATTEST:

Fernando N. Muñoz, City Clerk

City of Santa Fe Springs
Fiscal Year 2025-2026 Salary Schedule
Effective July 1, 2025

JOB TITLE BARGAINING
UNIT
RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 Account Clerk SFSEA 10 4,659.81 4,799.61 4,943.60 5,091.91 5,244.66 5,402.00 5,564.06 5,730.98 5,902.91 6,080.00 Account Clerk Supervisor SFSMCA 19 6,078.82 6,261.19 6,449.02 6,642.49 6,841.77 7,047.02 7,258.43 7,476.18 7,700.47 7,931.48 Accountant SFSMCA 22 6,642.49 6,841.77 7,047.02 7,258.43 7,476.18 7,700.47 7,931.48 8,169.43 8,414.51 8,666.95 Administrative Assistant SFSEA 9 4,524.09 4,659.81 4,799.61 4,943.60 5,091.91 5,244.66 5,402.00 5,564.06 5,730.98 5,902.91 Administrative Services Officer SFSMCA 40 11,308.40 11,647.65 11,997.08 12,356.99 12,727.70 13,109.53 13,502.82 13,907.90 14,325.14 14,754.89 Aquatic Maintenance Worker SFSEA 10 4,659.81 4,799.61 4,943.60 5,091.91 5,244.66 5,402.00 5,564.06 5,730.98 5,902.91 6,080.00 Assistant City Manager SFSEMA 54 17,104.97 17,618.11 18,146.66 18,691.06 19,251.79 19,829.34 20,424.22 21,036.95 21,668.06 22,318.10 Assistant Civil Engineer SFSEA 20 6,262.40 6,450.27 6,643.78 6,843.10 7,048.39 7,259.84 7,477.63 7,701.96 7,933.02 8,171.01 Assistant Director of Community
Development SFSMCA 39 10,979.03 11,308.40 11,647.65 11,997.08 12,356.99 12,727.70 13,109.53 13,502.82 13,907.90 14,325.14 Assistant Director of Finance SFSMCA 39 10,979.03 11,308.40 11,647.65 11,997.08 12,356.99 12,727.70 13,109.53 13,502.82 13,907.90 14,325.14 Assistant Director of Police Services SFSMCA 34 9,470.60 9,754.72 10,047.36 10,348.79 10,659.25 10,979.03 11,308.40 11,647.65 11,997.08 12,356.99 Assistant Director of Public Works SFSMCA 40 11,308.40 11,647.65 11,997.08 12,356.99 12,727.70 13,109.53 13,502.82 13,907.90 14,325.14 14,754.89 Assistant Fire Chief SFSFFA 46 13,502.82 13,907.90 14,325.14 14,754.89 15,197.54 15,653.47 16,123.07 16,606.76 17,104.97 17,618.11 Assistant Planner SFSEA 22 6,643.78 6,843.10 7,048.39 7,259.84 7,477.63 7,701.96 7,933.02 8,171.01 8,416.14 8,668.63 Assistant Superintendent SFSEA 33 9,196.55 9,472.44 9,756.62 10,049.32 10,350.80 10,661.32 10,981.16 11,310.59 11,649.91 11,999.41 Associate Civil Engineer SFSEA 29 8,171.01 8,416.14 8,668.63 8,928.69 9,196.55 9,472.44 9,756.62 10,049.32 10,350.80 10,661.32 Associate Planner SFSEA 25 7,259.84 7,477.63 7,701.96 7,933.02 8,171.01 8,416.14 8,668.63 8,928.69 9,196.55 9,472.44 Battalion Chief SFSFFA 42 11,997.08 12,356.99 12,727.70 13,109.53 13,502.82 13,907.90 14,325.14 14,754.89 15,197.54 15,653.47 Building Permit Technician SFSEA 7 4,264.39 4,392.32 4,524.09 4,659.81 4,799.61 4,943.60 5,091.91 5,244.66 5,402.00 5,564.06 Building Services Manager SFSMCA 31 8,666.95 8,926.95 9,194.76 9,470.60 9,754.72 10,047.36 10,348.79 10,659.25 10,979.03 11,308.40 Business Liaison SFSMCA 37 10,348.79 10,659.25 10,979.03 11,308.40 11,647.65 11,997.08 12,356.99 12,727.70 13,109.53 13,502.82 Capital Improvements Manager SFSMCA 36 10,047.36 10,348.79 10,659.25 10,979.03 11,308.40 11,647.65 11,997.08 12,356.99 12,727.70 13,109.53 City Clerk SFSMCA 38 10,659.25 10,979.03 11,308.40 11,647.65 11,997.08 12,356.99 12,727.70 13,109.53 13,502.82 13,907.90 Civil Engineering Assistant SFSEA 23 6,843.10 7,048.39 7,259.84 7,477.63 7,701.96 7,933.02 8,171.01 8,416.14 8,668.63 8,928.69 Civil Engineering Technician SFSEA 22 6,643.78 6,843.10 7,048.39 7,259.84 7,477.63 7,701.96 7,933.02 8,171.01 8,416.14 8,668.63 Code Enforcement Inspector SFSEA 21 6,450.27 6,643.78 6,843.10 7,048.39 7,259.84 7,477.63 7,701.96 7,933.02 8,171.01 8,416.14 Code Enforcement Manager SFSMCA 31 8,666.95 8,926.95 9,194.76 9,470.60 9,754.72 10,047.36 10,348.79 10,659.25 10,979.03 11,308.40 Code Enforcement Supervisor SFSEA 24 7,048.39 7,259.84 7,477.63 7,701.96 7,933.02 8,171.01 8,416.14 8,668.63 8,928.69 9,196.55 Community Services Manager SFSMCA 34 9,470.60 9,754.72 10,047.36 10,348.79 10,659.25 10,979.03 11,308.40 11,647.65 11,997.08 12,356.99 Community Services Supervisor SFSEA 24 7,048.39 7,259.84 7,477.63 7,701.96 7,933.02 8,171.01 8,416.14 8,668.63 8,928.69 9,196.55 Deputy City Clerk SFSMCA 21 6,449.02 6,642.49 6,841.77 7,047.02 7,258.43 7,476.18 7,700.47 7,931.48 8,169.43 8,414.51 Deputy Fire Marshal SFSFFA 33 9,194.76 9,470.60 9,754.72 10,047.36 10,348.79 10,659.25 10,979.03 11,308.40 11,647.65 11,997.08 Director of Community Development SFSEMA 47 13,907.90 14,325.14 14,754.89 15,197.54 15,653.47 16,123.07 16,606.76 17,104.97 17,618.11 18,146.66 Director of Community Services SFSEMA 46 13,502.82 13,907.90 14,325.14 14,754.89 15,197.54 15,653.47 16,123.07 16,606.76 17,104.97 17,618.11 City of Santa Fe Springs
Fiscal Year 2025-2026 Salary Schedule
Effective July 1, 2025

JOB TITLE BARGAINING
UNIT
RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 Director of Economic Development SFSEMA 47 13,907.90 14,325.14 14,754.89 15,197.54 15,653.47 16,123.07 16,606.76 17,104.97 17,618.11 18,146.66 Director of Finance SFSEMA 50 15,197.54 15,653.47 16,123.07 16,606.76 17,104.97 17,618.11 18,146.66 18,691.06 19,251.79 19,829.34 Director of Parks and Recreation SFSEMA 46 13,502.82 13,907.90 14,325.14 14,754.89 15,197.54 15,653.47 16,123.07 16,606.76 17,104.97 17,618.11 Director of Police Services SFSEMA 46 13,502.82 13,907.90 14,325.14 14,754.89 15,197.54 15,653.47 16,123.07 16,606.76 17,104.97 17,618.11 Director of Public Works/City Engineer SFSEMA 50 15,197.54 15,653.47 16,123.07 16,606.76 17,104.97 17,618.11 18,146.66 18,691.06 19,251.79 19,829.34 Economic Development Specialist SFSMCA 26 7,476.18 7,700.47 7,931.48 8,169.43 8,414.51 8,666.95 8,926.95 9,194.76 9,470.61 9,754.72 Electrician SFSEA 17 5,730.98 5,902.91 6,080.00 6,262.40 6,450.27 6,643.78 6,843.10 7,048.39 7,259.84 7,477.63 Electrician Assistant SFSEA 12 4,943.60 5,091.91 5,244.66 5,402.00 5,564.06 5,730.98 5,902.91 6,080.00 6,262.40 6,450.27 Environmental Program Manager SFSFFA 36 10,047.36 10,348.79 10,659.25 10,979.03 11,308.40 11,647.65 11,997.08 12,356.99 12,727.70 13,109.53 Executive Assistant SFSEA 15 5,402.00 5,564.06 5,730.98 5,902.91 6,080.00 6,262.40 6,450.27 6,643.78 6,843.10 7,048.39 Facilities Maintenance Specialist SFSEA 13 5,091.91 5,244.66 5,402.00 5,564.06 5,730.98 5,902.91 6,080.00 6,262.40 6,450.27 6,643.78 Facilities Maintenance Supervisor SFSEA 26 7,477.63 7,701.96 7,933.02 8,171.01 8,416.14 8,668.63 8,928.69 9,196.55 9,472.44 9,756.62 Finance Analyst SFSMCA 21 6,449.02 6,642.49 6,841.77 7,047.02 7,258.43 7,476.18 7,700.47 7,931.48 8,169.43 8,414.51 Finance Manager SFSMCA 37 10,348.79 10,659.25 10,979.03 11,308.40 11,647.65 11,997.08 12,356.99 12,727.70 13,109.53 13,502.82 Finance Technician SFSMCA 16 5,562.98 5,729.87 5,901.77 6,078.82 6,261.19 6,449.02 6,642.49 6,841.77 7,047.02 7,258.43 Fire Captain SFSFFA 35 9,754.72 10,047.36 10,348.79 10,659.25 10,979.03 11,308.40 11,647.65 11,997.08 12,356.99 12,727.70 Fire Chief SFSEMA 52 16,123.07 16,606.76 17,104.97 17,618.11 18,146.66 18,691.06 19,251.79 19,829.34 20,424.22 21,036.95 Fire Engineer SFSFFA 31 8,666.95 8,926.95 9,194.76 9,470.60 9,754.72 10,047.36 10,348.79 10,659.25 10,979.03 11,308.40 Fire Equipment Mechanic SFSEA 22 6,643.78 6,843.10 7,048.39 7,259.84 7,477.63 7,701.96 7,933.02 8,171.01 8,416.14 8,668.63 Fire Marshal SFSFFA 36 10,047.36 10,348.79 10,659.25 10,979.03 11,308.40 11,647.65 11,997.08 12,356.99 12,727.70 13,109.53 Fire/Environmental Safety Inspector SFSFFA 24 7,047.02 7,258.43 7,476.18 7,700.47 7,931.48 8,169.43 8,414.51 8,666.95 8,926.95 9,194.76 Fire/Environmental Safety Specialist SFSFFA 33 9,194.76 9,470.60 9,754.72 10,047.36 10,348.79 10,659.25 10,979.03 11,308.40 11,647.65 11,997.08 Firefighter SFSFFA 25 7,258.43 7,476.18 7,700.47 7,931.48 8,169.43 8,414.51 8,666.95 8,926.95 9,194.76 9,470.60 Firefighter Paramedic SFSFFA 29 8,169.43 8,414.51 8,666.95 8,926.95 9,194.76 9,470.60 9,754.72 10,047.36 10,348.79 10,659.25 Firefighter Paramedic Trainee SFSFFA 27 7,700.47 7,931.48 8,169.43 8,414.51 8,666.95 8,926.95 9,194.76 9,470.60 9,754.72 10,047.36 Fleet Maintenance Supervisor SFSEA 24 7,048.39 7,259.84 7,477.63 7,701.96 7,933.02 8,171.01 8,416.14 8,668.63 8,928.69 9,196.55 Grants Analyst SFSEA 25 7,259.84 7,477.63 7,701.96 7,933.02 8,171.01 8,416.14 8,668.63 8,928.69 9,196.55 9,472.44 Grounds Maintenance Supervisor SFSEA 24 7,048.39 7,259.84 7,477.63 7,701.96 7,933.02 8,171.01 8,416.14 8,668.63 8,928.69 9,196.55 Homelessness Services Supervisor SFSEA 24 7,048.39 7,259.84 7,477.63 7,701.96 7,933.02 8,171.01 8,416.14 8,668.63 8,928.69 9,196.55 Housing Compliance Inspector SFSFFA 17 5,729.87 5,901.77 6,078.82 6,261.19 6,449.02 6,642.49 6,841.77 7,047.02 7,258.43 7,476.18 Housing Navigator SFSEA 14 5,244.66 5,402.00 5,564.06 5,730.98 5,902.91 6,080.00 6,262.40 6,450.27 6,643.78 6,843.10 City of Santa Fe Springs
Fiscal Year 2025-2026 Salary Schedule
Effective July 1, 2025

JOB TITLE BARGAINING
UNIT
RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 Human Resource Manager SFSMCA 39 10,979.03 11,308.40 11,647.65 11,997.08 12,356.99 12,727.70 13,109.53 13,502.82 13,907.90 14,325.14 Human Resources Analyst SFSMCA 27 7,700.47 7,931.48 8,169.43 8,414.51 8,666.95 8,926.95 9,194.76 9,470.60 9,754.72 10,047.36 Human Resources Specialist SFSMCA 16 5,562.98 5,729.87 5,901.77 6,078.82 6,261.19 6,449.02 6,642.49 6,841.77 7,047.02 7,258.43 Human Resources Technician SFSMCA 14 5,243.64 5,400.95 5,562.98 5,729.87 5,901.77 6,078.82 6,261.19 6,449.02 6,642.49 6,841.77 Information Technology Specialist SFSEA 21 6,450.27 6,643.78 6,843.10 7,048.39 7,259.84 7,477.63 7,701.96 7,933.02 8,171.01 8,416.14 Lead Account Clerk SFSEA 14 5,244.66 5,402.00 5,564.06 5,730.98 5,902.91 6,080.00 6,262.40 6,450.27 6,643.78 6,843.10 Lead Bus Driver SFSEA 14 5,244.66 5,402.00 5,564.06 5,730.98 5,902.91 6,080.00 6,262.40 6,450.27 6,643.78 6,843.10 Lead Facilities Maintenance Specialist SFSEA 17 5,730.98 5,902.91 6,080.00 6,262.40 6,450.27 6,643.78 6,843.10 7,048.39 7,259.84 7,477.63 Lead Public Safety Officer SFSEA 21 6,450.27 6,643.78 6,843.10 7,048.39 7,259.84 7,477.63 7,701.96 7,933.02 8,171.01 8,416.14 Lead Water Utility Worker SFSEA 19 6,080.00 6,262.40 6,450.27 6,643.78 6,843.10 7,048.39 7,259.84 7,477.63 7,701.96 7,933.02 Librarian I SFSEA 19 6,080.00 6,262.40 6,450.27 6,643.78 6,843.10 7,048.39 7,259.84 7,477.63 7,701.96 7,933.02 Librarian II SFSEA 21 6,450.27 6,643.78 6,843.10 7,048.39 7,259.84 7,477.63 7,701.96 7,933.02 8,171.01 8,416.14 Librarian II Technical Services SFSEA 21 6,450.27 6,643.78 6,843.10 7,048.39 7,259.84 7,477.63 7,701.96 7,933.02 8,171.01 8,416.14 Librarian III SFSEA 24 7,048.39 7,259.84 7,477.63 7,701.96 7,933.02 8,171.01 8,416.14 8,668.63 8,928.69 9,196.55 Library Services Manager SFSMCA 31 8,666.95 8,926.95 9,194.76 9,470.60 9,754.72 10,047.36 10,348.79 10,659.25 10,979.03 11,308.40 Management Analyst SFSEA 20 6,262.40 6,450.27 6,643.78 6,843.10 7,048.39 7,259.84 7,477.63 7,701.96 7,933.02 8,171.01 Mechanic Assistant SFSEA 10 4,659.81 4,799.61 4,943.60 5,091.91 5,244.66 5,402.00 5,564.06 5,730.98 5,902.91 6,080.00 Mechanic I SFSEA 13 5,091.91 5,244.66 5,402.00 5,564.06 5,730.98 5,902.91 6,080.00 6,262.40 6,450.27 6,643.78 Mechanic II SFSEA 20 6,262.40 6,450.27 6,643.78 6,843.10 7,048.39 7,259.84 7,477.63 7,701.96 7,933.02 8,171.01 Media and Communication Specialist I SFSEA 14 5,244.66 5,402.00 5,564.06 5,730.98 5,902.91 6,080.00 6,262.40 6,450.27 6,643.78 6,843.10 Media and Communication Specialist II SFSEA 17 5,730.98 5,902.91 6,080.00 6,262.40 6,450.27 6,643.78 6,843.10 7,048.39 7,259.84 7,477.63 Parks & Recreation Maintenance
Worker SFSEA 10 4,659.81 4,799.61 4,943.60 5,091.91 5,244.66 5,402.00 5,564.06 5,730.98 5,902.91 6,080.00 Parks and Recreation Services Manager SFSMCA 32 8,926.95 9,194.76 9,470.60 9,754.72 10,047.36 10,348.79 10,659.25 10,979.03 11,308.40 11,647.65 Parks and Recreation Supervisor SFSEA 24 7,048.39 7,259.84 7,477.63 7,701.96 7,933.02 8,171.01 8,416.14 8,668.63 8,928.69 9,196.55 Payroll Specialist SFSMCA 15 5,400.95 5,562.98 5,729.87 5,901.77 6,078.82 6,261.19 6,449.02 6,642.49 6,841.77 7,047.02 Principal Accountant SFSMCA 31 8,666.95 8,926.95 9,194.76 9,470.60 9,754.72 10,047.36 10,348.79 10,659.25 10,979.03 11,308.40 Principal Civil Engineer SFSMCA 37 10,348.79 10,659.25 10,979.03 11,308.40 11,647.65 11,997.08 12,356.99 12,727.70 13,109.53 13,502.82 Principal Planner SFSMCA 32 8,926.95 9,194.76 9,470.60 9,754.72 10,047.36 10,348.79 10,659.25 10,979.03 11,308.40 11,647.65 Procurement Manager SFSMCA 37 10,348.79 10,659.25 10,979.03 11,308.40 11,647.65 11,997.08 12,356.99 12,727.70 13,109.53 13,502.82 Procurement Specialist SFSEA 10 4,659.81 4,799.61 4,943.60 5,091.91 5,244.66 5,402.00 5,564.06 5,730.98 5,902.91 6,080.00 Program Coordinator I SFSEA 12 4,943.60 5,091.91 5,244.66 5,402.00 5,564.06 5,730.98 5,902.91 6,080.00 6,262.40 6,450.27 Program Coordinator II SFSEA 21 6,450.27 6,643.78 6,843.10 7,048.39 7,259.84 7,477.63 7,701.96 7,933.02 8,171.01 8,416.14 City of Santa Fe Springs
Fiscal Year 2025-2026 Salary Schedule
Effective July 1, 2025

JOB TITLE BARGAINING
UNIT
RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 Public Information Officer SFSMCA 23 6,841.77 7,047.02 7,258.43 7,476.18 7,700.47 7,931.48 8,169.43 8,414.51 8,666.95 8,926.95 Public Safety Manager SFSMCA 31 8,666.95 8,926.95 9,194.76 9,470.60 9,754.72 10,047.36 10,348.79 10,659.25 10,979.03 11,308.40 Public Safety Officer II SFSEA 15 5,402.00 5,564.06 5,730.98 5,902.91 6,080.00 6,262.40 6,450.27 6,643.78 6,843.10 7,048.39 Public Safety Officer Supervisor SFSEA 26 7,477.63 7,701.96 7,933.02 8,171.01 8,416.14 8,668.63 8,928.69 9,196.55 9,472.44 9,756.62 Public Safety Program Coordinator SFSEA 13 5,091.91 5,244.66 5,402.00 5,564.06 5,730.98 5,902.91 6,080.00 6,262.40 6,450.27 6,643.78 Public Works Inspector SFSEA 22 6,643.78 6,843.10 7,048.39 7,259.84 7,477.63 7,701.96 7,933.02 8,171.01 8,416.14 8,668.63 Public Works Maintenance Worker SFSEA 10 4,659.81 4,799.61 4,943.60 5,091.91 5,244.66 5,402.00 5,564.06 5,730.98 5,902.91 6,080.00 Public Works Manager SFSMCA 37 10,348.79 10,659.25 10,979.03 11,308.40 11,647.65 11,997.08 12,356.99 12,727.70 13,109.53 13,502.82 Public Works Superintendent SFSMCA 39 10,979.03 11,308.40 11,647.65 11,997.08 12,356.99 12,727.70 13,109.53 13,502.82 13,907.90 14,325.14 Revenue & Budget Manager SFSMCA 37 10,348.79 10,659.25 10,979.03 11,308.40 11,647.65 11,997.08 12,356.99 12,727.70 13,109.53 13,502.82 Risk Analyst SFSMCA 27 7,700.47 7,931.48 8,169.43 8,414.51 8,666.95 8,926.95 9,194.76 9,470.60 9,754.72 10,047.36 Senior Account Clerk SFSEA 13 5,091.91 5,244.66 5,402.00 5,564.06 5,730.98 5,902.91 6,080.00 6,262.40 6,450.27 6,643.78 Senior Accountant SFSMCA 27 7,700.47 7,931.48 8,169.43 8,414.51 8,666.95 8,926.95 9,194.76 9,470.60 9,754.72 10,047.36 Senior Administrative Analyst (PW) SFSEA 28 7,933.02 8,171.01 8,416.14 8,668.63 8,928.69 9,196.55 9,472.44 9,756.62 10,049.32 10,350.80 Senior Building Permit Technician SFSEA 13 5,091.91 5,244.66 5,402.00 5,564.06 5,730.98 5,902.91 6,080.00 6,262.40 6,450.27 6,643.78 Senior Bus Driver SFSEA 10 4,659.81 4,799.61 4,943.60 5,091.91 5,244.66 5,402.00 5,564.06 5,730.98 5,902.91 6,080.00 Senior Executive Assistant SFSMCA 21 6,449.02 6,642.49 6,841.77 7,047.02 7,258.43 7,476.18 7,700.47 7,931.48 8,169.43 8,414.51 Senior Facilities Maintenance Specialist SFSEA 15 5,402.00 5,564.06 5,730.98 5,902.91 6,080.00 6,262.40 6,450.27 6,643.78 6,843.10 7,048.39 Senior Fire/Environmental Safety
Inspector SFSFFA 29 8,169.43 8,414.51 8,666.95 8,926.95 9,194.76 9,470.60 9,754.72 10,047.36 10,348.79 10,659.25 Senior Human Resources Analyst SFSMCA 31 8,666.95 8,926.95 9,194.76 9,470.60 9,754.72 10,047.36 10,348.79 10,659.25 10,979.03 11,308.40 Senior Management Analyst SFSEA 25 7,259.84 7,477.63 7,701.96 7,933.02 8,171.01 8,416.14 8,668.63 8,928.69 9,196.55 9,472.44 Senior Planner SFSEA 29 8,171.01 8,416.14 8,668.63 8,928.69 9,196.55 9,472.44 9,756.62 10,049.32 10,350.80 10,661.32 Senior Public Works Maintenance
Worker SFSEA 13 5,091.91 5,244.66 5,402.00 5,564.06 5,730.98 5,902.91 6,080.00 6,262.40 6,450.27 6,643.78 Senior Social Services Case Manager SFSEA 16 5,564.06 5,730.98 5,902.91 6,080.00 6,262.40 6,450.27 6,643.78 6,843.10 7,048.39 7,259.84 Senior Water Utility Worker SFSEA 15 5,402.00 5,564.06 5,730.98 5,902.91 6,080.00 6,262.40 6,450.27 6,643.78 6,843.10 7,048.39 Social Services Case Manager SFSEA 14 5,244.66 5,402.00 5,564.06 5,730.98 5,902.91 6,080.00 6,262.40 6,450.27 6,643.78 6,843.10 Streets Maintenance Supervisor SFSEA 24 7,048.39 7,259.84 7,477.63 7,701.96 7,933.02 8,171.01 8,416.14 8,668.63 8,928.69 9,196.55 Systems Analyst SFSEA 26 7,477.63 7,701.96 7,933.02 8,171.01 8,416.14 8,668.63 8,928.69 9,196.55 9,472.44 9,756.62 Technology Services Manager SFSMCA 39 10,979.03 11,308.40 11,647.65 11,997.08 12,356.99 12,727.70 13,109.53 13,502.82 13,907.90 14,325.14 Traffic Engineer SFSEA 31 8,668.63 8,928.69 9,196.55 9,472.44 9,756.62 10,049.32 10,350.80 10,661.32 10,981.16 11,310.59 City of Santa Fe Springs
Fiscal Year 2025-2026 Salary Schedule
Effective July 1, 2025

JOB TITLE BARGAINING
UNIT
RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 Traffic Signal and Lighting Assistant SFSEA 10 4,659.81 4,799.61 4,943.60 5,091.91 5,244.66 5,402.00 5,564.06 5,730.98 5,902.91 6,080.00 Traffic Signal and Lighting Supervisor SFSEA 24 7,048.39 7,259.84 7,477.63 7,701.96 7,933.02 8,171.01 8,416.14 8,668.63 8,928.69 9,196.55 Traffic Signal and Lighting Technician I SFSEA 13 5,091.91 5,244.66 5,402.00 5,564.06 5,730.98 5,902.91 6,080.00 6,262.40 6,450.27 6,643.78 Traffic Signal and Lighting Technician II SFSEA 18 5,902.91 6,080.00 6,262.40 6,450.27 6,643.78 6,843.10 7,048.39 7,259.84 7,477.63 7,701.96 Transportation Supervisor SFSEA 24 7,048.39 7,259.84 7,477.63 7,701.96 7,933.02 8,171.01 8,416.14 8,668.63 8,928.69 9,196.55 Water Meter Reader SFSEA 10 4,659.81 4,799.61 4,943.60 5,091.91 5,244.66 5,402.00 5,564.06 5,730.98 5,902.91 6,080.00 Water Quality & Backflow Cross
Connection Specialist SFSEA 22 6,643.78 6,843.10 7,048.39 7,259.84 7,477.63 7,701.96 7,933.02 8,171.01 8,416.14 8,668.63 Water Systems Operator SFSEA 22 6,643.78 6,843.10 7,048.39 7,259.84 7,477.63 7,701.96 7,933.02 8,171.01 8,416.14 8,668.63 Water Utility Manager SFSMCA 37 10,348.79 10,659.25 10,979.03 11,308.40 11,647.65 11,997.08 12,356.99 12,727.70 13,109.53 13,502.82 Water Utility Supervisor SFSEA 26 7,477.63 7,701.96 7,933.02 8,171.01 8,416.14 8,668.63 8,928.69 9,196.55 9,472.44 9,756.62 Water Utility Worker SFSEA 13 5,091.91 5,244.66 5,402.00 5,564.06 5,730.98 5,902.91 6,080.00 6,262.40 6,450.27 6,643.78 City of Santa Fe Springs
Fiscal Year 2025-2026 Salary Schedule
Effective July 1, 2025
JOB TITLE UNIT RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 Administrative Clerk I Hourly/Part-Time 9 20.27 20.88 21.50 22.15 22.81 23.50 24.20 24.93 25.68 26.45 Administrative Intern Hourly/Part-Time 1 * * 16.97 17.48 18.01 18.55 19.11 19.68 20.27 20.88 Aquatics Aide Hourly/Part-Time 1 * * 16.97 17.48 18.01 18.55 19.11 19.68 20.27 20.88 Bus Driver Hourly/Part-Time 8 19.68 20.27 20.88 21.50 22.15 22.81 23.50 24.20 24.93 25.68 Code Enforcement Inspector Hourly/Part-Time 15 24.20 24.93 25.68 26.45 27.24 28.06 28.90 29.77 30.66 31.58 Community Resources Aide Hourly/Part-Time 1 * * 16.97 17.48 18.01 18.55 19.11 19.68 20.27 20.88 Community Services Program Leader I Hourly/Part-Time 3 16.97 17.48 18.01 18.55 19.11 19.68 20.27 20.88 21.50 22.15 Community Services Program Leader II Hourly/Part-Time 5 18.01 18.55 19.11 19.68 20.27 20.88 21.50 22.15 22.81 23.50 Community Services Program Leader II (PTB) Hourly/Part-Time 5 18.01 18.55 19.11 19.68 20.27 20.88 21.50 22.15 22.81 23.50 Community Services Program Leader III Hourly/Part-Time 10 20.88 21.50 22.15 22.81 23.50 24.20 24.93 25.68 26.45 27.24 Computer Technician Hourly/Part-Time 9 20.27 20.88 21.50 22.15 22.81 23.50 24.20 24.93 25.68 26.45 Environmental Intern Hourly/Part-Time 3 16.97 17.48 18.01 18.55 19.11 19.68 20.27 20.88 21.50 22.15 Fire Department Aide Hourly/Part-Time 2 * 16.97 17.48 18.01 18.55 19.11 19.68 20.27 20.88 21.50 Heritage Park Ranger Hourly/Part-Time 3 16.97 17.48 18.01 18.55 19.11 19.68 20.27 20.88 21.50 22.15 Instructor Lifeguard I Hourly/Part-Time 4 17.48 18.01 18.55 19.11 19.68 20.27 20.88 21.50 22.15 22.81 Instructor Lifeguard II Hourly/Part-Time 7 19.11 19.68 20.27 20.88 21.50 22.15 22.81 23.50 24.20 24.93 Instructor Lifeguard III Hourly/Part-Time 12 22.15 22.81 23.50 24.20 24.93 25.68 26.45 27.24 28.06 28.90 Lead Recreation Instructor Hourly/Part-Time 16 24.93 25.68 26.45 27.24 28.06 28.90 29.77 30.66 31.58 32.53 Library Information Desk Assistant Hourly/Part-Time 10 20.88 21.50 22.15 22.81 23.50 24.20 24.93 25.68 26.45 27.24 Library Services Aide Hourly/Part-Time 1 * * 16.97 17.48 18.01 18.55 19.11 19.68 20.27 20.88 Office Aide Hourly/Part-Time 1 * * 16.97 17.48 18.01 18.55 19.11 19.68 20.27 20.88 Public Safety Officer Hourly/Part-Time 16 24.93 25.68 26.45 27.24 28.06 28.90 29.77 30.66 31.58 32.53 Public Works Aide Hourly/Part-Time 2 * 16.97 17.48 18.01 18.55 19.11 19.68 20.27 20.88 21.50 Recreation Instructor Hourly/Part-Time 6 18.55 19.11 19.68 20.27 20.88 21.50 22.15 22.81 23.50 24.20 *Effective 1/1/2025 Mininum Wage Increase Salary Adjustment

FOR ITEM NO. 14, PLEASE SEE ITEM NO. 20
ITEM # 15

CITY OF SANTA FE SPRINGS

PUBLIC FINANCING AUTHORITY AGENDA STAFF REPORT
TO: Honorable Chair and Board Members
FROM: René Bobadilla, P.E., City Manager
BY: Julio Morales, Director of Finance
SUBJECT: MONTHLY REPORT ON THE STATUS OF DEBT INSTRUMENTS

ISSUED THROUGH THE CITY OF SANTA FE SPRINGS PUBLIC

FINANCING AUTHORITY (PFA)
DATE: June 17, 2025
RECOMMENDATION(S):

It is recommended that the City Council:
1) Receive and file the report.

FISCAL IMPACT
None.

BACKGROUND/DISCUSSION
The Santa Fe Springs Public Financing Authority (PFA) is a City entity that has periodically issued debt for the benefit of the Santa Fe Springs community. The following is a brief status report on the debt instruments currently outstanding that were issued through the PFA.

Consolidated Redevelopment Project 2006-A Tax Allocation Bonds Financing proceeds available for appropriation at 5/31/2025 None Outstanding principal at 5/31/2025 $25,205,601
Bond Repayment
The former Community Development Commission (CDC) issued a number of tax allocation bonds before it was dissolved by State law effective February 1, 2012 which are administered by the City acting as Successor Agency under the oversight of the appointed Oversight Board. The Successor Agency no longer receives tax increment.

CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 17, 2025
Monthly Report on the Status of Debt Instruments Issued through the City of Santa Fe Springs Public Financing Authority (PFA)

Page 2 of 3 ends

Instead, distributions from the Redevelopment Property Tax Trust Fund (RPTTF) are received based on approved obligations. It is anticipated that sufficient allocations from the RPTTF will continue to be made to the Successor Agency to meet ongoing debt service obligations.

Unspent Bond Proceeds
Under an approved Bond Expenditure Agreement, unspent bond proceeds of the former CDC in the amount of approximately $19 million were transferred to the City in July 2014.

The funds are to be spent in accordance with the original bond documents. The unspent proceeds continue to be a source of funding within the City’s capital improvement program (CIP).
2016 Bond Refunding
In July 2016, the Successor Agency issued its 2016 Tax Allocation Refunding Bonds, which paid off several bond issuances of the former CDC. The bonds were originally issued through the Public Financing Authority and included the 2001 Series A, 2002 Series A, 2003 Series A, the current interest portion of the 2006 Series A, and 2006 Series B bond issuances.
2017 Bond Refunding
In December 2017, the Successor Agency issued its 2017 Tax Allocation Refunding Bonds, which paid off the 2007 Tax Allocation Bonds of the former CDC. The 2007 Bonds were originally issued through the Public Financing Authority.

ANALYSIS
The report is presented for informational purposes only.

ENVIRONMENTAL
N/A

SUMMARY/NEXT STEPS
The Successor Agency will continue to request sufficient distributions from the RPTTF to make required bond payments through maturity on September 1, 2028.

ATTACHMENT(S):

None.

CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 17, 2025
Monthly Report on the Status of Debt Instruments Issued through the City of Santa Fe Springs Public Financing Authority (PFA)

Page 3 of 3 ends

ITEM STATUS:

APPROVED:

DENIED:

TABLED:

DIRECTION GIVEN:

FOR ITEM NO. 16, PLEASE SEE ITEM NO. 20
ITEM # 17

CITY OF SANTA FE SPRINGS

WATER UTILITY AUTHORITY AGENDA STAFF REPORT
TO: Honorable Chair and Board Members
FROM: René Bobadilla, P.E., City Manager
BY: Julio Morales, Director of Finance
SUBJECT: MONTHLY REPORT ON THE STATUS OF DEBT INSTRUMENTS

ISSUED THROUGH THE CITY OF SANTA FE SPRINGS WATER UTILITY

AUTHORITY (WUA)
DATE: June 17, 2025
RECOMMENDATION(S):

It is recommended that the City Council:
1) Receive and file the report.

FISCAL IMPACT
None.

BACKGROUND/DISCUSSION
The Santa Fe Springs Water Utility Authority (WUA) is a City entity that has issued debt for the benefit of the Santa Fe Springs community. The following is a brief status report on the debt instruments currently outstanding that were issued through the WUA.

Water Revenue Bonds, 2013
Financing proceeds available for appropriation at 5/31/2025 None Outstanding principal at 5/31/2025 $6,890,000
Water Revenue Bonds, 2018
Financing proceeds available for appropriation at 5/31/2025 None Outstanding principal at 5/31/2025 $175,000
In May 2013 the Water Utility Authority issued the 2013 Water Revenue Bonds in the amount of $6,890,000. The bonds refunded the existing 2003 Water Revenue Bonds CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 17, 2025
Monthly Report on the Status of Debt Instruments Issued through the City of Santa Fe Springs Water Utility Authority (WUA)

Page 2 of 2 ends

ITEM STATUS:

APPROVED:

DENIED:

TABLED:

DIRECTION GIVEN:
(issued through the Public Financing Authority) and provided additional funds for water improvement projects in the amount of $2,134,339. The funds were restricted for use on water system improvements. In August 2013 the Water Utility Authority Board appropriated the proceeds for the Equipping Water Well No. 12 Project and all proceeds were since used on this project.

In January 2018 the Water Utility Authority issued the 2018 Water Revenue Bonds in the amount of $1,800,000. The bonds refunded the existing 2005 Water Revenue Bonds (issued through the Public Financing Authority). No additional funds were raised through the issuance of the 2018 Water Revenue Bonds.

The WUA was formed in June of 2009. Water revenue bonds issued prior to this date were issued through the City of Santa Fe Springs Public Financing Authority.

ANALYSIS
The report is presented for informational purposes only.

ENVIRONMENTAL
N/A

SUMMARY/NEXT STEPS
The WUA budget includes sufficient appropriations and adequate revenues are expected to be collected to meet the debt service obligations associated with the 2013 and 2018 Water Revenue Bonds.

ATTACHMENT(S):

None.

FOR ITEM NO. 18, PLEASE SEE ITEM NO. 20
FOR ITEM NO. 19, PLEASE SEE ITEM NO. 20
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: Fernando N. Muñoz, City Clerk
SUBJECT: MINUTES OF THE MAY 20 AND 22, 2025 REGULAR AND SPECIAL

CITY COUNCIL MEETINGS
DATE: June 17, 2025
RECOMMENDATION(S):

It is recommended that the City Council:
1) Approve the minutes as submitted.

FISCAL IMPACT
N/A

BACKGROUND
Staff has prepared minutes for the following meeting:
• Regular Meeting of May 20, 2025
• Special Meeting of May 22, 2025

ANALYSIS
N/A

ENVIRONMENTAL
N/A

DISCUSSION
N/A
CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 17, 2025
Minutes of the Regular Council Meetings Page 2 of 2

SUMMARY/NEXT STEPS
N/A
ATTACHMENT(S):

A. May 20, 2025 Regular Meeting Minutes
B. May 22, 2025 Special Meeting Minutes
ITEM STATUS:

APPROVED:

DENIED:

TABLED:

DIRECTION GIVEN:

APPROVED:

MINUTES OF THE MEETINGS OF THE

CITY COUNCIL
May 20, 2025

CALL TO ORDER
Mayor Rounds called the meeting to order at 5:03 p.m.

ROLL CALL
Members present: Councilmembers/Directors: Mora, Martin, Rodriguez, Mayor Pro Tem/Vice Chair Zamora, and Mayor/Chair Rounds.

Members absent: None.

PUBLIC COMMENTS ON CLOSED SESSION ITEMS
There was no one wishing to speak during public comments

1. CLOSED SESSION

PUBLIC EMPLOYMENT
(Pursuant to California Government Code Section 54957(b)(1)) TITLE: City Manager Evaluation
Mayor Rounds recessed the meeting at 5:04 p.m.

Mayor Rounds reconvened the meeting at 6:03 p.m.

CLOSED SESSION REPORT
City Attorney, Rick Olivarez provided the following closed session report: Direction was given to staff, and no reportable action was taken.

INVOCATION
Cindy Jarvis led the invocation.

PLEDGE OF ALLEGIANCE
The Youth Leadership Committee led the pledge of allegiance.

INTRODUCTIONS

1. Kris Lewis – L & G Goosehead Insurance

2. Carlos Gallardo – Farmers & Merchants Bank

3. Rick Landis – Santa Fe Springs Swap Meet

4. Kathie Fink – SFS Chamber CEO

5. Debbie Baker – Simpsons Advertising
Minutes of the May 20, 2025 Public Financing Authority, Water Utility Authority, Housing Successor, Successor Agency, and City Council Meetings

Page 2 ends

PRESENTATIONS

2. LAKE CENTER MIDDLE SCHOOL – 8
TH GRADE WASHINGTON D.C. FIELDTRIP
(CITY MANAGER)

3. RECOGNITION OF THE 2025 MEMORIAL SCHOLARSHIP PROGRAM RECIPIENTS (CITY MANAGER)

4. “BEST OF SFS” – MARY ARIAS (COMMUNITY SERVICES)

5. RECOGNITION OF 2025 ARTFEST SPONSORS (COMMUNITY SERVICES)

6. RECOGNITION OF SUPERHERO 5K SPONSORS (PARKS & RECREATION)

7. PROCLAMATION – MAY 18-24, 2025 AS NATIONAL PUBLIC WORKS WEEK (PUBLIC WORKS)

CHANGES TO AGENDA
City Manager, René Bobadilla announced that staff would like to pull Item Nos. 15 and 17 from the consent calendar, to be brought back at a subsequent meeting. Council unanimously agreed to pull those items from the consent agenda.

PUBLIC COMMENTS
The following persons spoke during public comments: 1) Lee Squire.

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
None
PUBLIC HEARING – NONE
OLD BUSINESS – NONE
REGULAR BUSINESS – NONE

PUBLIC FINANCING AUTHORITY

8. MINUTES OF THE APRIL 15, 2025 PUBLIC FINANCING AUTHORITY MEETINGS (CITY CLERK)
RECOMMENDATION: It is recommended that the Public Financing Authority:
1) Approve the minutes as submitted.

Minutes of the May 20, 2025 Public Financing Authority, Water Utility Authority, Housing Successor, Successor Agency, and City Council Meetings

Page 3 ends

9. MONTHLY REPORT ON THE STATUS OF DEBT INSTRUMENTS ISSUED THROUGH

THE CITY OF SANTA FE SPRINGS PUBLIC FINANCING AUTHORITY (PFA) (FINANCE)
RECOMMENDATION: It is recommended that the Public Financing Authority:
1) Receive and file the report.

WATER UTILITY AUTHORITY

10. MINUTES OF THE APRIL 15, 2025 WATER UTILITY AUTHORITY MEETINGS (CITY CLERK)
RECOMMENDATION: It is recommended that the Water Utility Authority:
1) Approve the minutes as submitted.

11. MONTHLY REPORT ON THE STATUS OF DEBT INSTRUMENTS ISSUED THROUGH

THE CITY OF SANTA FE SPRINGS WATER UTILITY AUTHORITY (WUA) (FINANCE) RECOMMENDATION: It is recommended that the Water Utility Authority:
1) Receive and file the report.

HOUSING SUCCESSOR

12. MINUTES OF THE APRIL 15, 2025 HOUSING SUCCESSOR MEETINGS (CITY CLERK)
RECOMMENDATION: It is recommended that the Housing Successor:
1) Approve the minutes as submitted.

SUCCESSOR AGENCY

13. MINUTES OF THE APRIL 15, 2025 SUCCESSOR AGENCY MEETINGS (CITY CLERK)
RECOMMENDATION: It is recommended that the Successor Agency:
1) Approve the minutes as submitted.

CITY COUNCIL

14. MINUTES OF THE APRIL 15 AND 22, 2025 REGULAR AND SPECIAL CITY COUNCIL

MEETINGS (CITY CLERK)
RECOMMENDATION: It is recommended that the City Council:

Minutes of the May 20, 2025 Public Financing Authority, Water Utility Authority, Housing Successor, Successor Agency, and City Council Meetings

Page 4 ends

1) Approve the minutes as submitted.

16. CITYWIDE STREET SWEEPING AGREEMENT – SECOND AMENDMENT (PUBLIC WORKS)
RECOMMENDATION: It is recommended that the City Council:
1) Approve the Second Amendment to the Master Agreement with Nationwide Environmental Services (NES) for Citywide Street and Parking Lot Sweeping Services; and
2) Authorize the Mayor to execute the Second Amendment to the Master Agreement; and
3) Take such additional, related action that may be desirable.

18. FIRE STATION HEADQUARTERS OFFICE RENOVATION – ADDITIONAL

APPROPRIATION OF FUNDS (PUBLIC WORKS)
RECOMMENDATION: It is recommended that the City Council:
1) Authorize the City Manager to execute Change Order Nos. 1 to 19 to the contract with RAMCO General Engineering Contractors, Inc. for various unforeseen conditions and additional work in an aggregate amount of $372,440; and 2) Authorize the City Manager to execute Change Order No. 20 to the contract with RAMCO General Engineering Contractors, Inc. in the amount of $145,956 for a kitchen remodel at Fire Station No. 1 (Headquarters); and 3) Appropriate an additional $450,000 from the Utility Users Tax (UUT) to the Fire Station Headquarters Office Renovation (PW250007); and
4) Authorize the City Manager to amend the existing Purchase Order with Willscot to extend the lease on temporary Fire Administration Trailers in addition to executing a new Purchase Order for a Shower Trailer in the total aggregate amount of $75,000:
and
5) Take such additional, related action that may be desirable.

19. SECOND READING OF ORDINANCE NO. 1159 – AMENDING SECTIONS 155.862, 155.863, AND 155.813 OF THE SANTA FE SPRINGS MUNICIPAL CODE TO CHANGE PUBLIC HEARING NOTICING REQUIREMENT FROM TEN (10) TO TWENTY (20)

DAYS (COMMUNITY DEVELOPMENT)
RECOMMENDATION: It is recommended that the City Council:
1) Adopt Ordinance No. 1159:

Minutes of the May 20, 2025 Public Financing Authority, Water Utility Authority, Housing Successor, Successor Agency, and City Council Meetings

Page 5 ends

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS AMENDING SECTIONS 155.862, 155.863, AND 155.813 OF THE SANTA FE

SPRINGS MUNICIPAL CODE TO CHANGE PUBLIC HEARING NOTICING REQUIREMENT FROM TEN (10) TO TWENTY (20) DAYS
2) Take such additional, related action that may be desirable.

20. AUTHORIZE BID AWARD FOR AS-NEEDED TEMPORARY FENCING AND

BARRIERS (FINANCE)
RECOMMENDATION: It is recommended that the City Council:
1) Authorize awarding an agreement to United Site Services of California (United) in the not-to-exceed amount of $60,000 per fiscal year through March 31, 2028; and 2) Authorize the City Manager to take any further necessary actions regarding this matter.

21. AUTHORIZE BID AWARD FOR AS-NEEDED PORTABLE RESTROOMS AND

WASHING STATIONS (FINANCE)
RECOMMENDATION: It is recommended that the City Council:
1) Authorize awarding an agreement to United Site Services of California (United) in the not-to-exceed amount of $60,000 per fiscal year through March 31, 2028; and 2) Authorize the City Manager to take any further necessary actions regarding this matter.

22. CONTRACT WITH PHOENIX DECORATING COMPANY FOR PARTICIPATION IN

THE PASADENA TOURNAMENT OF ROSES (COMMUNITY SERVICES)
RECOMMENDATION: It is recommended that the City Council:
1) Approve a sole-source agreement with Phoenix Decorating Company (Phoenix) for the design and construction of the City’s Rose Parade floats for calendar years 2026, 2027, and 2028; and
2) Authorize the City Manager to execute the agreement and any subsequent amendments, subject to approval by the City Attorney as to form; and 3) Take such additional, related, action that may be desirable.

Minutes of the May 20, 2025 Public Financing Authority, Water Utility Authority, Housing Successor, Successor Agency, and City Council Meetings

Page 6 ends

It was moved by Mayor Pro Tem Zamora, seconded by Councilmember Mora, to approve the consent calendar with staff’s recommendations, by the following vote:

Ayes: Mora, Martin, Rodriguez, Zamora, Rounds
Noes: None

Absent: None
Recuse: None

APPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSIONS
None.

COUNCIL COMMENTS/AB1234 COUNCIL CONFERENCE REPORTING
Councilmember Rodriguez reported attending the Annual Municipal Seminar in Indian Wells, CA and ICSC in Las Vegas. Certain topics discussed at each event included mental health, homelessness, and incarceration rates. She thanked staff for the great Artfest and Superhero 5k events.

Councilmember Martin also reported attending Annual Municipal Seminar in Indian Wells, CA and ICSC in Las Vegas. She highlighted mental health awareness month and wished everyone a Happy Memorial Day.

Councilmember Mora also spoke about attending ICSC in Las Vegas. He talked about the Superhero 5K and also commended Whittier PD for law enforcement week. He wished everyone in attendance a Happy Memorial Day.

Mayor Pro Tem Zamora reported attending a SCAG meeting, Annual Municipal Seminar in Indian Wells, CA and ICSC in Las Vegas. He congratulated resident Mary Arias on her acknowledgement.

Mayor Rounds also attended Annual Municipal Seminar in Indian Wells, CA and ICSC in Las Vegas. He recognized Councilmember Martin on her individual award.

ADJOURNMENT
Mayor Rounds adjourned the meeting at 7:56 p.m.
_____________________
William K. Rounds
Mayor
ATTEST:
_____________________
Fernando N. Muñoz Date
City Clerk
APPROVED:

MINUTES OF THE SPECIAL MEETINGS OF THE

CITY COUNCIL
May 22, 2025

CALL TO ORDER
Mayor Rounds called the meeting to order at 4:31 p.m.

ROLL CALL
Members present: Councilmembers Mora, Martin, Rodriguez, Mayor Pro Tem Zamora, and Mayor Rounds.

Members absent: None

PUBLIC COMMENTS
There was no one wishing to speak during public comments.

CLOSED SESSION

1. CLOSED SESSION

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Pursuant to California Government Code Section 54956.8) Property: APNs: 8177-029-908, 8177-029-903, 8177-029-905, and 8177-029-005 Agency negotiator: René Bobadilla, City Manager and Cuong Nguyen, Director of Community Development
Negotiation parties: Kenneth G. Spiker, Spiker Rendon Consulting, Inc.

Under negotiation: Price and terms of payment as relates to interests in real property.

2. CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATORS: Two Matters
(Pursuant to California Government Code Section 54957.6) Agency Designated Representatives: City Manager
Employee organizations: Santa Fe Springs City Employees’ Association and Santa Fe Springs Management and Confidential Employees' Association

3. CLOSED SESSION
CONFERENCE WITH LEGAL – ANTICIPATED LITIGATION: Three Matters (Pursuant to California Government Code Sections 54956.9(d)(2) and 54569(e)(1))

4. CLOSED SESSION

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to California Government Code Section 54957)
TITLE: City Manager Evaluation
Minutes of the May 22, 2025 Special City Council Meetings

Page 2 ends

5. CLOSED SESSION

CONFERENCE WITH LABOR NEGOTIATOR
(Pursuant to California Government Code Section 54957.6) City Representative: City Attorney
Unrepresented Employee: City Manager
Mayor Rounds recessed the meetings at 4:33 p.m.

Mayor Rounds reconvened the meetings at 6:09 p.m.

6. CLOSED SESSION REPORT
City Attorney, Rick Olivarez provided a closed session report: Direction was given to staff and no reportable action was taken.

CITY COUNCIL

STUDY SESSION

7. FY 2025-2026 BUDGET WORKSHOP #2 – DEPARTMENT PRESENTATIONS City Manager, René Bobadilla provided a brief outline of the evenings talking points. He said that while the economy is good, there are a few indicators that may provide uncertainty. However, he anticipates that everything will remain stable and predictable.

Director of Finance, Julio Morales spoke about the last fiscal year results. He talked about the budget vs actual revenues. Overall, the last year was great, and the goal is to maintain similar expenditure levels. He said that the City is in a strong financial position, there are reserves, and there is some room for flexibility. He attempted to predict what the future will bring with some of the factors currently in play, such as the effect of tariffs, inflation expectations, etc. He dissected the main sources of revenue, including intergovernmental charges such as doing work for other cities. Mayor Pro Tem Zamora inquired about subsidizing work for other cities, specifically with street light maintenance. Director of Public Works, James Enriquez provided information on the details of those contracts, and how the City is reimbursed. City Manager Bobadilla said that he will have Director Morales do a study to address these issues. Director Morales says that he feels comfortable with the proposed budget estimates. He anticipates that for the next fiscal year, the operating budget will be approximately $95,435,775.

Assistant City Manager, Nicholas Razo detailed the different divisions in the City Manager’s Office. He talked about the detailing regarding Community Organization support, and City Manager talked about attempting to negotiate the price of the contributions to the Santa Fe Springs Chamber of Commerce. City Manager Bobadilla stated that he would like to use the City’s non-profit account to fund some of these community organization contributions. Council deliberated the amounts of certain items such as $10,000 to SEAACA and $10,000 to the Little Lake Educational Foundation, $5,000 of which will be contributed by the City’s non-profit. Council discussed allocating more to Burn Quest and the Lake Center Middle School Washington D.C. Trip. City Manager Bobadilla announced that the items will be brought back for City Council approval.

Minutes of the May 22, 2025 Special City Council Meetings

Page 3 ends

Director of Police Services, Arlene Salazar detailed her requested positions and items for the next fiscal year. She detailed that one of the requested positions for Program Coordinator would assist in working with local schools and that the volunteer program will return.

Fire Chief, Chad Van Meeteren detailed his requested budget. He said that the additional EMS team would be headquartered at Fire HQ. Should council approve the additional EMS team, it would take approximately 18 months to be fully operable.

Director of Community Development, Cuong Nguyen detailed his department’s requested budget. He would like to add two positions and remove two positions.

Director of Public Works, James Enriquez detailed his department for the next fiscal year.

He is recommending an increase in contracted services, operations and maintenance.

His department will be working with Finance staff to look at other funding sources to avoid using the general fund money.

Director of Community Services, Maricela Balderas detailed her budget. She highlighted an 18.6% increase in her budget from last year. She also talked about one-time costs for Café Libro Equipment and the Children’s Reference Desk Refresh at the city library.

Director of Parks and Recreation, Gus Hernandez detailed his budget. He highlighted one item that needs Council direction, which is a joint use agreement with Little Lake City School District and the approval to waive the fees associated with use of certain parks within the district. Council agreed to waive the annual fees associated with the agreement.

Additionally, he requested direction to approve a $435,000 item to replace the flooring and add shade to the Lakeview Park playground. Council gave direction to staff to conduct an analysis of the quoted price to see if the amount is accurate. Lastly, he asked for direction to remove a trailer that is currently under maintenance for Options for Learning.

Council unanimously agreed to remove the trailer.

ADJOUNRMENT
Mayor Rounds adjourned the meeting at 8:23 p.m.
_____________________
William K. Rounds
Mayor
ATTEST:
_____________________
Fernando N. Muñoz Date
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: James Enriquez, P.E., Director of Public Works / City Engineer SUBJECT: MEASURE SFS COMMERCIAL STREETS IMPROVEMENT PROGRAM ON-CALL PROFESSIONAL DESIGN SERVICES – AWARD OF

CONTRACT
DATE: June 17, 2025
RECOMMENDATION:

It is recommended that the City Council:
1) Authorize the City Manager to execute a master Professional Services Agreement for on-call engineering design services with the following consultants: 1) Mark Thomas & Company, Inc.; 2) NV5; Inc. and 3) Dewberry Engineers, Inc., each for a maximum aggregate fee not to-exceed $1.5 million; and
2) Take such additional, related, action that may be desirable.

FISCAL IMPACT
In the November 2024 election, voters approved Measure SFS to address the urgent need for improved road infrastructure in Santa Fe Springs. This measure is expected to generate over $6 million annually, specifically designated for repairing deteriorating roads. To accelerate project delivery for the Program, the City issued bonds totaling up to $30 million to cover construction and soft costs. The recommended engineering design services are included within these soft costs and will be paid using bond proceeds.

The recommended master agreements will be for a term of three years with an option for a one-year extension. The maximum aggregate not-to-exceed fee per agreement is $1.5 million and will be executed in negotiated task orders for individual projects. The task order amounts will be reported as part of the overall project budget approval at the various phases of the project delivery process that require City Council action.

CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 17, 2025
Measure SFS Commercial Streets Improvement Program On-Call Professional Design Services – Award of Contract

Page 2 of 3 ends

BACKGROUND
The Measure SFS Street Improvement Program aims to rehabilitate deteriorating street pavement throughout the city. The streets are prioritized based on pavement condition rankings. The accelerated projects funded through the bond program targets some of the streets showing the highest degree of pavement deterioration.

On April 7, 2025, the Director of Public Works issued a Request for Proposals (RFP) (Attachment A) from qualified engineering firms (consultants) to provide On-Call Professional Engineering Services for designing commercial streets that are part of the Measure SFS program. The selected consultants will work closely with the Public Works/Engineering Division staff to deliver design services on a task order basis for each specific street project.

On April 24, 2025, a total of seven proposals were received. A three-member evaluation team from the Engineering Division reviewed each proposal and ranked the consultants based on the criteria outlined in the Request for Proposals. The evaluation criteria included the firm’s project management experience, relevant project experience, qualifications of the project design team, understanding of the scope of work, and relevant project references. The top three firms were selected.

ANALYSIS
After evaluating the proposals, the evaluation team recommends awarding contracts to three consulting firms, each scoring the highest on average among the evaluators.

The recommended engineering consulting firms are as follows:

1. Mark Thomas and Company, Inc.

2. NV5, Inc.

3. Dewberry Engineers, Inc.

The proposals submitted to the city and the evaluation score sheets are on file with the Public Works Department.

ENVIRONMENTAL
Not applicable.

DISCUSSION
Engaging three consulting firms will expedite the design and construction process for each street. The Measure SFS Commercial Streets Improvement Program aims to extend the lifespan of the current street pavements and hardscapes. Additionally, this program will help lower maintenance repair costs.

CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 17, 2025
Measure SFS Commercial Streets Improvement Program On-Call Professional Design Services – Award of Contract

Page 3 of 3 ends

SUMMARY/NEXT STEPS
Upon the approval of the recommended actions by the City Council, staff will set up a contract with each of the selected consulting firms. Once the master agreements have been executed, staff will request quotes from each firm and coordinate approval of task orders in accordance with the Santa Fe Springs Municipal Code.

ATTACHMENTS:

A. On-Call Professional Engineering Services RFP
B. Professional Services Agreement (Mark Thomas and Company, Inc.) C. Professional Services Agreement (NV5)
D. Professional Services Agreement (Dewberry Engineers, Inc.) ITEM STATUS:

APPROVED: ☐
DENIED: ☐
TABLED: ☐
DIRECTION GIVEN: ☐

CITY OF SANTA FE SPRINGS

MEASURE SFS

COMMERCIAL STREETS IMPROVEMENT PROJECT

DESIGN SERVICES

REQUEST FOR PROPOSALS
Deadline for Submission:

April 24, 2025 – 2:00 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]

ATTACHMENT A
1 REQUEST FOR PROPOSALS

MEASURE SFS

COMMERCIAL STREETS IMPROVEMENT PROJECT

PROFESSIONAL ENGINEERING DESIGN 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 Design Services for the Measure SFS Commercial Streets Improvement Program. The City desires to establish a bench of selected consultants to provide design services for the entire program.

Consultant will provide professional engineering services in support of and in close coordination with the Public Works/Engineering Division staff.

It is the intent of the AGENCY to enter into a Professional Services Agreement with multiple Consultants for these services. The term of the Professional Services Agreement will be for three (3) years.

The AGENCY invites proposals from professional engineering firms and will receive such proposals electronically ONLY thru PlanetBids at
https://vendors.planetbids.com/portal/65093/portal-home no later than 2 PM PDT on Thursday, April 24, 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 Proposals, to waive any irregularity in any Proposal received, and to be the sole judge of the merits of the Proposal received, and to take all Proposals under advisement for a period of 60 days. The AGENCY will enter into a Professional Services Agreement with Consultant whose Proposal best meets the requirements of the Scope of Work as determined by the AGENCY. The Proposal submitted by the selected Consultant shall be incorporated as part of the respective Professional Services Agreement.

All questions regarding this RFP must be submitted in writing via the City’s PlanetBids Portal. To submit questions regarding this RFP, 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. 2 INSTRUCTIONS REQUEST FOR PROPOSALS

1. PROPOSED SCHEDULE

DESCRIPTION DATE/TIME
Request for Proposals Released Thursday, April 3, 2025
Deadline to Submit Questions Thursday, April 17, 2025 – 2:00 PM Deadline to Receive Proposals Thursday, April 24, 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 PROPOSALS
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 proposal electronically ONLY thru PlanetBids at https://vendors.planetbids.com/portal/65093/portal-home by no later than 2 PM PDT on Thursday, April 24, 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 a Proposal, 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 2:00 p.m. on Thursday April 17, 2025. To 3 submit questions regarding this RFP, 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. Requests for clarifications, questions and comments received after 2:00 p.m. on Thursday April 17, 2025, 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 a Proposal 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 a Proposal and related information in response to this RFP; • Submitting a Proposal 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.

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 Proposal best meets the requirements of the Scope of Work as determined by the AGENCY. The Proposal 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 Measure SFS Design 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 Consultants for a three (3) year term with an optional one (1) year for extension.

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, 11ʺ x 17ʺ 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. Dividers used to separate sections will not be counted.

Consultants are required to prepare their written proposals in accordance with the instructions outlined below. Deviations from these instructions may be construed as non- 5 responsive and may be cause for disqualification. Emphasis should be placed on accuracy, 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. 6  Provide information on the strength and stability of the Consultant; current staffing capability and availability; current workload; and proven record of 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 for each 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 Proposal 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 Measure SFS Design 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, 7 charts, displays, schedules, exhibits, and other documentation produced by the Consultant that are submitted as part of the Proposal and not withdrawn shall, upon receipt by AGENCY, become property of AGENCY.

H. Schedule of Hourly Rates
The Proposal 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. PROPOSAL EVALUATION PROCESS AND CRITERIA
A. GENERAL
The Proposal 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 Proposal.

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 Proposals 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
8 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 Proposal

2. Description of related experience for Consultant

3. Description of related experience for key personnel
E. FINAL SELECTION
The final selection will be the Consultants which, as determined by the AGENCY, is the most responsive and responsible, meets the AGENCY’s requirements in providing Measure SFS Design Services, and is in the AGENCY’s best interest.

The AGENCY maintains the sole and exclusive right to evaluate the merits of the Proposals received.

F. EXCEPTIONS OR ADDITIONS
The Proposal 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.

14. 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 9 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.

15. 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; 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 Proposals, or any item or part thereof, or to waive any informalities or irregularities in any Proposal.  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 Proposals.  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 a Proposal.
 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 Proposals. 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 Proposals or to make no award at all, to determine whether any alternate Proposals are equal to the specifications and general requirements, and to accept Proposals 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 10 makes no representations that any Professional Services Agreement will be awarded to any Consultant that responds to this RFP. Proposals received by the AGENCY are public information and will be made available to any person upon request after the AGENCY has completed the Proposal evaluation process. Submitted Proposals 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.

Waiver of Proposals
Proposals may be withdrawn by submitting written notice to the AGENCY’s Contact Person at any time prior to the submittal deadline. Upon submission, the Proposal and all collateral material shall become the property of the AGENCY.

16. 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 Proposal 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 is successfully concluded.
11 SCOPE OF SERVICES

REQUEST FOR PROPOSALS

MEASURE SFS

COMMERCIAL STREETS IMPROVEMENT PROJECT DESIGN SERVICES
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, specifications and estimate (PS&E) package for pavement rehabilitation of several City streets shown in attached Exhibit A. The street list in Exhibit A will be divided into clusters and the City will select multiple Consultants to perform the design of these clusters in separate design packages.

2. The work shall include full depth pavement reconstruction or Grind and Overlay of all the streets listed in Exhibit A in accordance with the recommended pavement sections provided by the City’s pavement engineer. Improvements shall also include all necessary ADA upgrades for access ramps, sidewalks, cross-gutters and driveways.

3. Obtain all necessary utility information, as-built plans and surveying of the existing street improvements that are necessary to prepare a complete RS&E package.

4. Utility information shall include vertical and lateral locations of underground infrastructure.

The use of Ground Penetrating Radar (GPR) is highly recommended.

5. Submit PS&E package to the City for review at 30%, 60% and Draft Final completion, and address any City comments within a two (2) week turn around.

6. Provide high resolution aerial imagery including overlaying the 60% and Draft Final design.

7. Participate in design review meetings.

8. Prepare project specifications and special provisions

9. Prepare construction cost estimates to be submitted at 60% and Draft Final submittals.

10. Provide engineering support during bidding and construction for RFI’s.

Contract No. [insert contract number]
1 2025

PROFESSIONAL SERVICES AGREEMENT
(Engagement: ON-CALL PROFESSIONAL DESIGN SERVICES FOR MEASURE SFS

COMMERCIAL STREETS IMPROVEMENT PROGRAM)
(Parties: MARK THOMAS, & COMPANY, INC. and City of Santa Fe Springs) THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this 17th day of June 2025 (hereinafter, the “Effective Date”) by and between the CITY OF SANTA FE SPRINGS, a municipal corporation (hereinafter, “CITY”) and MARK THOMAS, & COMPANY, INC. (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 ON-CALL PROFESSIONAL DESIGN AND
ENGINEERING SERVICES; and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, the execution of this Agreement was approved by the Santa Fe Springs City Council at its Regular Meeting of June 17, 2025, under Agenda Item No. ______.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:

ENGAGEMENT TERMS

1.1 TERM: This Agreement shall have a term of three (3) 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. The Term may be extended for one (1) year at the sole 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.

1.2 SCOPE OF SERVICES:

A. Subject to the terms and conditions of this Agreement, CONSULTANT

ATTACHMENT B
Contract No. [insert contract number]
2 agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled “ON-CALL PROFESSIONAL ENGINEERING

SERVICES FOR MEASURE SFS COMMERCIAL STREET
IMPROVEMENT PROJECT” (hereinafter, “CITY RFP”) and the written proposal of CONSULTANT entitled “ON-CALL PROFESSIONAL

ENGINEERING SERVICES FOR THE MEASURE SFS COMMERCIAL
STREET IMPROVEMENT PROJECT” (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.

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 form of a written task order(s) issued by the City Representative (each such written request hereinafter referred to as a “Task Order”). Each Task 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.

Contract No. [insert contract number]
3 B. CONSULTANT shall not perform any of the Services contemplated under this Agreement without a written Task 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 Task 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 be compensated for Services performed in accordance with the “RATE SCHEDULE” 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 ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000) (hereinafter, the “Not-to-Exceed Sum”) during the Term of this Agreement, unless such added expenditure is first approved by the City Council. 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-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.

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 James Enriquez (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.

2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Pat Somerville 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.

Contract No. [insert contract number]
5 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;
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 Contract No. [insert contract number]
6 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 SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. 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 listed in the Consultant’s Proposal.

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 Contract No. [insert contract number]
7 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, 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.

Contract No. [insert contract number]
8 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.

III.

INSURANCE

3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Before performing any Services contemplated under this Agreement, CONSULTANT will procure and 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 Contract No. [insert contract number]
9 less than Two Million Dollars ($2,000,000.00) per claim.

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.

3.7 The insurance coverage requirement set forth under this Article 3 are in addition to any coverage requirements set forth under Section 14 (Insurance Requirements) of the CITY RFP.

Contract No. [insert contract number]
10 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 The duty to indemnify, defend and hold harmless as set forth under this Article shall apply 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, Contract No. [insert contract number]
11 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.

4.3 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.

4.4 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.

4.5 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.

4.6 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 Contract No. [insert contract number]
12 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.

4.7 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.

4.8 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.

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 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 Contract No. [insert contract number]
13 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 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 Contract No. [insert contract number]
14 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 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;
Contract No. [insert contract number]
15 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

6.2 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:

MARK THOMAS & CO., INC.
515 S. FLOWER STREET
LOS ANGELES, CA 90071
Attn: PAT SOMERVILLE, PE

ASSOCIATE PRINCIPAL AND

DIVISION MANAGER
Phone: (213) 592-1570

CITY OF SANTA FE SPRINGS

PUBLIC WORKS ENGINEERING
11710 E TELEGRAPH ROAD
PHONE: (562) 868-0511
Attn: JAMES ENRIQUEZ, P.E.

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 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 Contract No. [insert contract number]
17 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 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.

Contract No. [insert contract number]
18 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.

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 Contract No. [insert contract number]
19 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]
20 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: MARK THOMAS & CO., INC.

By: René Bobadilla, City Manager By: Pat Somerville
Date: Name Pat Somerville
Title: Assoc. Principal & Div. Mgr.

Date:

APPROVED AS TO FORM:

By:

Rick Olivarez, City Attorney,
Date:

Contract No. [insert contract number]

ATTACHMENT C
2025

PROFESSIONAL SERVICES AGREEMENT
(Engagement: ON-CALL PROFESSIONAL DESIGN SERVICES FOR MEASURE SFS

COMMERCIAL STREETS IMPROVEMENT PROGRAM)
(Parties: NV5, INC. and City of Santa Fe Springs)
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this 17th day of June 2025 (hereinafter, the “Effective Date”) by and between the CITY OF SANTA FE SPRINGS, a municipal corporation (hereinafter, “CITY”) and NV5, Inc.(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.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:

ENGAGEMENT TERMS

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 2 for Proposals of CITY entitled “ON-CALL PROFESSIONAL ENGINEERING

SERVICES FOR MEASURE SFS COMMERCIAL STREET
IMPROVEMENT PROJECT” (hereinafter, “CITY RFP”) and the written proposal of CONSULTANT entitled “MEASURE SFS COMMERCIAL STREET IMPROVEMENT PROJECT DESIGN 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.

1.3 PROSECUTION OF SERVICES:

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 Task Order request from the City 3 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 Task 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 be compensated for Services performed in accordance with the “SCHEDULE OF HOURLY RATES” 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 ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000) (hereinafter, the “Not-to-Exceed Sum”) during the Term of this Agreement, unless such added expenditure is first approved by the City Council.

In the event CONSULTANT’s charges are projected to exceed the Aggregate Notto-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-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.

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. 4 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.

II.

PERFORMANCE OF AGREEMENT

2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Jefferey M. Cooper 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:

2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges, and agrees to the following:
5 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.

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 6 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).

2.7 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 7 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.

Department of Housing and Urbanization.

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 8 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.

III.

INSURANCE

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.

3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the 9 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.

3.7 The insurance coverage requirement set forth under this Article 3 are in addition to any coverage requirements set forth under Section 14 (Insurance Requirements) of the CITY RFP.

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 10 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.

IV.

INDEMNIFICATION

4.2 The duty to indemnify, defend and hold harmless as set forth under this Article shall apply 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 11 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.

4.6 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 12 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.

TERMINATION

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 13 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.

In addition to any other failure on the part of CONSULTANT to perform any 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 14 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.

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 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;
15 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.

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 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.
16 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.

CONSULTANT: CITY:

NV5, INC.
133 TECHNOLOGY DRIVE
IRVINE, CA 92618
Attn: JEFFEREY M. COOPER, PE

EVP, CHIEF OPERATING OFFICER
Phone: (949) 585-0477

CITY OF SANTA FE SPRINGS

PUBLIC WORKS ENGINEERING
11710 E TELEGRAPH ROAD
PHONE: (562) 868-0511
Attn: JAMES ENRIQUEZ, P.E.

6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other independent contractors in connection with the various projects 17 worked upon by CONSULTANT.

6.8 CONFLICTS OF INTEREST:

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 18 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.

6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.

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 19 6.16, above.

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)
20 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: N|V|5, INC.

By: René Bobadilla, City Manager By: Jeffrey M. Cooper
Date: Name Jeffrey M. Cooper, PE
Title: EVP, Chief Operating Officer
Date:

By: René Bobadilla, City Manager By:

Date: Name
Title:

Date:

APPROVED AS TO FORM:

By:

Rick Olivarez, City Attorney,
Date:

Contract No. [insert contract number]

ATTACHMENT D
2025

PROFESSIONAL SERVICES AGREEMENT
(Engagement: ON-CALL PROFESSIONAL DESIGN SERVICES FOR MEASURE SFS

COMMERCIAL STREETS IMPROVEMENT PROGRAM)
(Parties: DEWBERRY ENGINEERS, INC. and City of Santa Fe Springs) THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this 17th day of June 2025 (hereinafter, the “Effective Date”) by and between the CITY OF SANTA FE SPRINGS, a municipal corporation (hereinafter, “CITY”) and DEWBERRY ENGINEERS, INC. (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.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:

ENGAGEMENT TERMS

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 Contract No. [insert contract number]
2 for Proposals of CITY entitled “ON-CALL PROFESSIONAL ENGINEERING

1.3 PROSECUTION OF SERVICES:

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 Task Order request from the City Contract No. [insert contract number]
3 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 Task 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.

Contract No. [insert contract number]
4 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.

II.

PERFORMANCE OF AGREEMENT

2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Rita Montalvo 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:

2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges, and agrees to the following:

Contract No. [insert contract number]
5 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.

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 Contract No. [insert contract number]
6 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).

2.7 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 Contract No. [insert contract number]
7 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.

Department of Housing and Urbanization.

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 Contract No. [insert contract number]
8 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.

III.

INSURANCE

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.

3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Contract No. [insert contract number]
9 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.

3.7 The insurance coverage requirement set forth under this Article 3 are in addition to any coverage requirements set forth under Section 14 (Insurance Requirements) of the CITY RFP.

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 Contract No. [insert contract number]
10 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.

IV.

INDEMNIFICATION

4.2 The duty to indemnify, defend and hold harmless as set forth under this Article shall apply 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 Contract No. [insert contract number]
11 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.

4.6 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 Contract No. [insert contract number]
12 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.

TERMINATION

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 Contract No. [insert contract number]
13 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.

In addition to any other failure on the part of CONSULTANT to perform any 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 Contract No. [insert contract number]
14 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.

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 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;
Contract No. [insert contract number]
15 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.

VI.

MISCELLANEOUS PROVISIONS

Contract No. [insert contract number]
16 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.

CONSULTANT: CITY:

DEWBERRY ENGINEERS, INC.
100 OCEANGATE, SUITE 400
LONG BEACH, CA 908024346
Attn: Rita Montalvo, P.E.

Phone: (562) 350-0570

CITY OF SANTA FE SPRINGS

PUBLIC WORKS ENGINEERING
11710 E TELEGRAPH ROAD
PHONE: (562) 868-0511
Attn: JAMES ENRIQUEZ, P.E.

6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other independent contractors in connection with the various projects Contract No. [insert contract number]
17 worked upon by CONSULTANT.

6.8 CONFLICTS OF INTEREST:

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 Contract No. [insert contract number]
18 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.

6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.

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 Contract No. [insert contract number]
19 6.16, above.

CITY OF SANTA FE SPRINGS: DEWBERRY ENGINEERS, INC.

By: René Bobadilla, City Manager By:

Date: Name
Title:

Date:

By:

Name
Title:

Date:

APPROVED AS TO FORM:

By:

Rick Olivarez, City Attorney,
Date:

Contract No. [insert contract number]
21 ITEM # 22

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: James Enriquez, P.E., Director of Public Works / City Engineer SUBJECT: HERITAGE SPRINGS ASSESSMENT DISTRICT NO. 2001-01 (HAWKINS STREET AND PALM DRIVE) – ADOPTION OF
RESOLUTION NO. 9959 AND RESOLUTION NO. 9960
DATE: June 17, 2025
RECOMMENDATION:

It is recommended that the City Council:
1) Adopt Resolution No. 9959 approving the Engineer’s Report (Fiscal Year 2025/26) in conjunction with the annual levy of assessments for the Heritage Springs Assessment District No. 2001-01; and
2) Adopt Resolution No. 9960 declaring the City of Santa Fe Springs’ intention to provide for an annual levy and collection of assessments for Heritage Springs Assessment District No. 2001-01 (Hawkins Street and Palm Drive), and setting the public hearing for the Council meeting of July 1, 2025, at 6:00 p.m.; and 3) Take such additional, related action that may be desirable.

FISCAL IMPACT
The Assessment District has a positive financial impact on the City because a benefit assessment district is used to fund the street maintenance costs attributable to such developments.

BACKGROUND
The Heritage Springs Assessment District (Assessment District) No. 2001-1 was formed on June 28, 2001, pursuant to the provisions of the Municipal Improvement Act of 1913, Division 12. A map of the Assessment District is shown in the Boundary Map (Attachment D).

The District included a mechanism to provide funding on an annual basis for ongoing street maintenance which includes slurry sealing, street resurfacing or street CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 17, 2025
Heritage Springs Assessment District No. 2001-01 (Hawkins Street and Palm Drive) – Adoption of Resolution No. 9959 and Resolution No. 9960

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Santa Fe Springs City CouncilJune 17, 2025

Santa Fe Springs City Council
June 17, 2025